title: Decision (EU, Euratom) 2015/1616 of the European Parliament of 29 April 2015 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2013, Section III — Commission and executive agencies

text:
               30.9.2015

               EN

               Official Journal of the European Union

               L 255/25

      DECISION (EU, EURATOM) 2015/1616 OF THE EUROPEAN PARLIAMENT
      of 29 April 2015
      on discharge in respect of the implementation of the general budget of the European Union for the financial year 2013, Section III — Commission and executive agencies
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the general budget of the European Union for the financial year 2013 (1),

                  —

                  having regard to the consolidated annual accounts of the European Union for the financial year 2013 (COM(2014) 510 — C8-0140/2014) (2),

                  —

                  having regard to the Commission's report on the follow-up to the discharge for the 2012 financial year (COM(2014) 607), and to the accompanying Commission staff working documents (SWD(2014) 285, SWD(2014) 286),

                  —

                  having regard to the Commission communication of 11 June 2014 entitled ‘Synthesis of the Commission's management achievements in 2013’ (COM(2014) 342),

                  —

                  having regard to the Commission's annual evaluation report on the Union's finances based on the results achieved (COM(2014) 383) and to the accompanying Commission staff working documents (SWD(2014) 200, SWD(2014) 201),

                  —

                  having regard to the Commission's annual report to the discharge authority on internal audits carried out in 2013 (COM(2014) 615), and to the accompanying Commission staff working document (SWD(2014) 293),

                  —

                  having regard to the Court of Auditors' annual report on the implementation of the budget for the financial year 2013, together with the institutions' replies (3), and to the Court of Auditors' special reports,

                  —

                  having regard to the various decisions and recommendations of the Ombudsman concerning the Commission, together with the institutions' implementation of those recommendations in the interests of citizens,

                  —

                  having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2013, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to the Council's recommendation of 17 February 2015 on discharge to be given to the Commission in respect of the implementation of the budget for the financial year 2013 (05303/2015 — C8-0053/2015),

                  —

                  having regard to Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Article 106a of the Treaty establishing the European Atomic Energy Community,

                  —

                  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5),

                  —

                  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (6) and in particular Articles 62, 164, 165 and 166 thereof,

                  —

                  having regard to Rule 93 of and Annex V to its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinions of the other committees concerned (A8-0101/2015),

                  A.

                  whereas, under Article 17(1) of the Treaty on European Union, the Commission is to execute the budget and manage programmes and is to do so, pursuant to Article 317 of the Treaty on the Functioning of the European Union, in cooperation with the Member States, on its own responsibility, having regard to the principles of sound financial management;

         1.

            Grants the Commission discharge in respect of the implementation of the general budget of the European Union for the financial year 2013;

         2.

            Sets out its observations in the resolution forming an integral part of the decisions on discharge in respect of the implementation of the general budget of the European Union for the financial year 2013, Section III — Commission and executive agencies, and in its resolution of 29 April 2015 on the Court of Auditors' special reports in the context of the Commission discharge for the financial year 2013 (7);

         3.

            Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Council, the Commission, the Court of Justice of the European Union, the Court of Auditors and the European Investment Bank, and to the national parliaments and the national and regional audit institutions of the Member States, and to arrange for their publication in the Official Journal of the European Union (L series).

               The President

            Martin SCHULZ

               The Secretary-General

            Klaus WELLE

         (1)  OJ L 66, 8.3.2013.

         (2)  OJ C 403, 13.11.2014, p. 1.

         (3)  OJ C 398, 12.11.2014, p. 1.

         (4)  OJ C 403, 13.11.2014, p. 128.

         (5)  OJ L 248, 16.9.2002, p. 1.

         (6)  OJ L 298, 26.10.2012, p. 1.

         (7)  Texts adopted of that date, P8_TA(2015)0119 (see page 68 of this Official Journal).


title: European Council Decision of 1 December 2009 electing the President of the European Council

text:
               2.12.2009

               EN

               Official Journal of the European Union

               L 315/48

      EUROPEAN COUNCIL DECISION

   of 1 December 2009
   electing the President of the European Council
   (2009/879/EU)
   THE EUROPEAN COUNCIL,
   Having regard to the Treaty on the European Union, and in particular Article 15(5) thereof,
   Whereas:

               (1)

               The Treaty of Lisbon institutes the new office of President of the European Council.

               (2)

               The President of the European Council should be elected,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mr Herman VAN ROMPUY is hereby elected President of the European Council for the period from 1 December 2009 until 31 May 2012.
   Article 2
   This Decision shall be notified to Mr Herman VAN ROMPUY by the Secretary-General of the Council.
   It shall be published in the Official Journal of the European Union.

      Done at Brussels, 1 December 2009.

            For the European Council

            The President

         F. REINFELDT


Avis juridique important

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31995D0161

95/161/EC: Commission Decision of 21 April 1995 establishing additional guarantees regarding salmonella for consignments to Finland and Sweden of laying hens

Official Journal L 105 , 09/05/1995 P. 0044 - 0046

COMMISSION  DECISION of 21 April 1995 establishing additional guarantees regarding salmonella for consignments  to Finland and Sweden of laying hens (95/161/EC)THE COMMISSION OF THE EUROPEAN  COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 90/539/EEC of 15 October 1990 on animal health conditions  governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs   (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular  Article 9 (b) (2) thereof, Whereas the Commission has approved the operational programmes submitted by Finland and Sweden  regarding salmonella controls; whereas those programmes include specific measures for laying hens,  namely productive poultry reared with a view to producing eggs for consumption; Whereas on 10 June 1994 the Veterinary Committee established the list of invasive salmonella  serotypes for poultry; Whereas guarantees should be established equivalent to those implemented by Finland and Sweden  under their operational programmes; Whereas those additional guarantees are to be based in particular on a microbiological examination  of the poultry to be sent to Finland and Sweden; Whereas rules should be established for this microbiological examination of samples by laying down  the sampling method, the number of samples to be taken and the microbiological method for examining  the samples; Whereas those guarantees should not be applicable to any flock that is subject to a programme  recognized as equivalent to that implemented by Finland and Sweden; Whereas Finland and Sweden should apply to consignments originating from third countries import  requirements at least as stringent as those laid down in this Decision; Whereas the measures provided for in this Decision are in accordance with the opinion of the  Standing Veterinary Committee, HAS ADOPTED THIS DECISION: Article 1 Laying hens, namely productive poultry reared with a view to  producing eggs for consumption, to be sent to Finland and Sweden shall be subject to a  microbiological test, effected by sampling in the flock of origin. Article 2 The microbiological test referred to in Article 1 shall be carried out as laid down in  Annex I. Article 3 1.  Laying hens to be sent to Finland and Sweden shall be accompanied by the  certificate shown in Annex II. 2.  The certificate provided for in paragraph 1 may: -  either be accompanied by model 3 certificate of Annex IV to Directive 90/539/EEC, -  or be incorporated in the certificate referred to in the first indent. Article 4 The additional guarantees provided for in this Decision shall not be applicable to  flocks subject to a programme recognized, according to the procedure laid down in Article 32 of  Directive 90/539/EEC, as equivalent to that implemented by Finland and Sweden. Article 5 This Decision shall be reviewed by 31 December 1996 at the latest. The review shall be  based on a report, prepared by Finland and Sweden in the light of the experience gained, to be  presented not later than 30 September 1996. Article 6 This Decision is addressed to the Member States. Done at Brussels, 21 April 1995. For the Commission Franz FISCHLER Member of the Commission  ANNEX I 1.  General rules The flock of origin must be isolated for 15 days. The microbiological test must be carried out during the 10 days before forwarding of the  consignment. The microbiological test must include the following invasive serotypes: -  Salmonella gallinarum, -  Salmonella pullorum, -  Salmonella enteritidis, -  Salmonella berta, -  Salmonella typhimurium, -  Salmonella thompson, -  Salmonella infantis. 2.  Sampling method Composite faeces samples, each sample being composed of separate samples of fresh faeces, each  weighing at least one gramme, must be taken randomly at a certain number of points in the building  in which the birds are being kept or, when the birds have free access to more than one building on  a holding, taken in each group of buildings on the holding in which the birds are kept. 3.  Number of samples to be taken The number of samples must make it possible to detect with 95  % reliability a 5  % presence of  salmonella. 4.  Microbiological test for examination of the samples The isolation of the salmonella should be carried out using the standardized ISO 6579:  1993 method  of the International Organization for Standardization.  ANNEX II CERTIFICATION I, the undersigned, official veterinarian, certify that the  laying hens (productive poultry reared with a view to producing eggs for consumption) have been  tested with negative results according to the rules laid down in Commission Decision 95/161/EC of  21 April 1995 establishing additional guarantees regarding salmonella for consignments to Finland  and Sweden of laying hens (productive poultry reared with a view to producing eggs for  consumption). Done at    Date          Signature Stamp      Name (in capitals)       Qualification


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31996D0040

96/40/EC: Commission Decision of 20 December 1995 suspending the proceeding under Council Regulation (EC) No 3286/94 on trade barriers, concerning piracy of Community sound recordings in Thailand and its effects on Community trade in sound recordings

Official Journal L 011 , 16/01/1996 P. 0007 - 0008

COMMISSION DECISION of 20 December 1995 suspending the proceeding under Council Regulation (EC) No 3286/94 on trade barriers, concerning piracy of Community sound recordings in Thailand and its effects on Community trade in sound recordings (96/40/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organization (1), as last amended by Regulation (EC) No 365/95 (2), in particular Articles 11 and 14 thereof,Following consultations in the Advisory Committee,Whereas:On 5 June 1991 the Commission received a complaint, under Regulation (EEC) No 2641/84 of 17 September 1984 on the strengthening of the common commercial policy with regard in particular to protection against illicit commercial practices (3), as last amended by Regulation (EC) No 522/94 (4), from the European Office of the International Federation of the Phonographic Industry (IFPI), representing virtually all producers of sound recordings in the Community. The complaint alleged that piracy of Community sound recordings was taking place on a massive scale in Thailand and that such piracy was causing injury to the Community industry, notably by affecting exports of Community sound recordings to Thailand as well as to other third markets.As the complaint provided sufficient evidence, within the meaning of Article 6 (1) of Regulation (EEC) No 2641/84, of the existence of an illicit commercial practice attributable to Thailand and of consequent injury, the Commission announced in a notice published in the Official Journal of the European Communities (5) the initiation of an examination procedure concerning piracy of Community sound recordings in Thailand.Following the initiation of the proceeding, the Commission conducted a factual and legal examination and presented on 20 February 1992 its examination report to the Advisory Committee established under Regulation (EC) No 2641/84. From this it appeared that, during the reference period, and essentially as a result of the Thai authorities' failure to properly enforce the then Thai legislation on copyright, the level of piracy of sound recordings (international repertoire) was likely to have reached 90 %, and that this situation resulted in material injury to the Community industry, notably in the form of lost sales on the Thai market (as well as certain other third markets). Consequently, it appeared that Thailand had therefore violated its international obligation to provide Community producers of sound recordings with effective protection against piracy of their products. This obligation followed from the national treatment provision which Article 4 of the Berlin Act of the Berne Convention for the Protection of Literary and Artistic Works stipulates to which Thailand is a signatory.The Commission then held consultations with the Thai authorities which brought about the commitment of the Thai government, in September 1992, to bring down piracy of EC sound recordings to negligible levels within the shortest possible time span and, in a first stage, to achieve a substantial reduction within one year.On the basis of this commitment, with the favourable opinion of the Advisory Committee, and subject to a regular evaluation of the situation, no further steps in the proceeding appeared appropriate in the immediate future.In December 1993 a mission took place to Thailand to evaluate the progress achieved. Following this mission the Commission reported again to the Committee established under Regulation (EEC) No 2641/84. The first finding of the mission was that the actual level of audio cassettes' piracy had fallen to approximately 50 % in the first year following the undertaking by the Thai Government, thus confirming the Thai Government's willingness to abide by its commitment. However further progress was considered to have been slow and, moreover, concern was expressed about the possible resurgence in piracy of sound recordings, notably as a result of sales of pirated compact discs (CDs). In this context, and with the favourable opinion of the Advisory Committee, it appeared that further time should be allowed to give Thailand the opportunity to adopt new legislation on copyright, which was already in the form of a Bill being discussed in Parliamentary committee and which contained more appropriate provisions to combat piracy and to effectively enforce it.The information gathered by the Commission since the beginning of 1994 shows that no further significant improvement occurred regarding the actual level of piracy of EC sound recordings. However important positive developments took place on the legislative side. The new Thai Copyright Act entered into force on 21 March 1995. It introduced numerous provisions aimed at simplifying action against the pirates and including the necessary deterrent effects against potential as well as actual infringers, notably through much increased penalties.Under these circumstances and account being taken of both the maintenance of a significant level of piracy, in particular as regards CDs, and of the prospects of its reduction to negligible levels on a permanent basis through the effective enforcement of the new Thai legislation, the Commission considers that at this stage neither the termination of the procedure nor the adoption of commercial policy measures against Thailand is appropriate. However, a close monitoring of the situation remains necessary.As from 1 January 1995 Regulation (EC) No 3286/94, which repealed Regulation (EEC) No 2641/84, applies to the present proceeding.Regulation (EC) No 3286/94 introduced in Article 11 (2) (a) the possibility to formally suspend a proceeding. In such a case, the Commission has the task of supervising the proper application of the measures taken by the third country concerned, as provided for in Article 11 (2) (b) of that Regulation.Under Article 13 (1) of Regulation (EC) No 3286/94, this suspension Decision is adopted in accordance with Article 14 of the same Regulation. The latter provides, in particular, that the Commission shall adopt a decision which it shall communicate to the Member States and which shall apply after a period of 10 days if during this period no Member State has referred the matter to the Council.It should also be recalled that Article 11 (2) (c) of Regulation (EC) No 3286/94 provides that where the measures taken by the third country have been rescinded, suspended or improperly implemented or where the Commission has grounds for believing this to be the case or, finally, where a request for information made by the Commission has not been granted, any commercial policy measures may be adopted in accordance with the appropriate provisions of the Regulation.The proceeding concerning piracy of Community sound recordings in Thailand should therefore be suspended. The Commission should continue to monitor the situation on a permanent basis and regularly inform the Advisory Committee established under Regulation (EC) No 3286/94,HAS ADOPTED THIS DECISION:Article 1 The proceeding concerning piracy of Community sound recordings in Thailand is hereby suspended.Article 2 This Decision shall apply as from the day of its publication in the Official Journal of the European Communities.Done at Brussels, 20 December 1995.For the CommissionLeon BRITTANVice-President(1) OJ No L 349, 31. 12. 1994, p. 71.(2) OJ No L 41, 23. 2. 1995, p. 3.(3) OJ No L 252, 20. 9. 1984, p. 1.(4) OJ No L 66, 10. 3. 1994, p. 10.(5) OJ No C 189, 20. 7. 1991, p. 26.


title: Council Decision of 27 October 1970 on the conclusion of a tariff Agreement in respect of certain cheeses negotiated with Spain during consultations with that country under Article XIX of GATT

text:
                                   Official Journal of the European Communities                               283
1 1.1 1.70                         Official Journal of the European Communities                         No 245/21
                                               COUNCIL DECISION
                                                 of 27 October 1970
            on the conclusion of a tariff Agreement in respect of certain cheeses negotiated with Spain
                         during consultations with that country under Article XIX of GATT
                                                    (70/498/EEC)
           THE COUNCIL OF THE EUROPEAN COMMUNITIES,
           Having regard to the Treaty establishing the European Economic Community, and in parti
           cular Article 113 thereof;
           Having regard to the Report from the Commission;
           Whereas Spain, invoking Article XIX of GATT, has made certain cheeses subject to import
           licensing;
           Whereas the modification of the arrangements for importing those products into Spain affects
           the European Economic Community ;
           Whereas the Commission, after consultations with Spain pursuant to Article XIX of
           GATT, has reached a satisfactory agreement with that country,
           HAS DECIDED AS FOLLOWS :
                                                      Article 1
           The tariff Agreement negotiated with Spain under Article XIX of GATT is concluded on
           behalf of the European Community ; the text of that Agreement is annexed to this Decision.
                                                      Article 2
            The conclusion of the Agreement shall be notified to the Contracting Parties to the General
            Agreement on Tariffs and Trade.
            Done at Luxembourg, 27 October 197Q.
                                                                                For the Council
                                                                                The President
                                                                                W. SCHEEL
 ---pagebreak--- 284                               Official Journal of the European Communities
                                                     ANNEX I
                                                   AGREEMENT
                               between Spain and the European Economic Community
    1. After consultations bcld pursuant to Ajticle XIX of the General Agreement on the reintroduction
       by Spain of import licences for certain cheeses, Spain and in the European Economic Community have
       agreed as follows:
    2. Subject to the provisions of paragraph 3:
    (a) The importation into Spain ofthe cheeses listed in Annex I shall be liberalized;
    (b) The import arrangements and nomenclature of products set out in Annexes 1 and 2 shall be sub- -
         stituted for those falling within heading No 04.04 of the Spanish Customs tariff.
    3. Both Parties, conscious of the need to assess in the light of experience the effect of the provisions of
       this Agreement upon trade and upon the balance of the Spanish domestic market for cheese products,
       reserve the rights they held, prior to the consultations mentioned above, under the General Agree
       ment, and in particular Articles II and XIX thereof.
    4. The provisions set out in Annexes 1 and 2 shall form an integral part ofthis Agreement.
    For the Spanish Delegation                                 For the Delegation ofthe
                                                               Commission ofthe European
                                                               Communities
    Geneva, 5 June 1970
                                                             I
 ---pagebreak---                                              Official Journal of the European Communities                                               285
                                        Arrangements for the importation of certain cheeses into Spain
1 . The provisions of this Annex shall apply to the following cheesses :
                                                                                Compensating      Customs duty  Threshold
    Spanish                                                                                duty                        price
    Customs
     Tariff                                     Description
                                                                                Pesetas per                     Pesetas
      No
                                                                                100 kg                      per 100 kg
                                                                                ( net weight )                ( net weight)
       I                                            2                                               3              4
   04.04        Cheese and curd :
                A. Emmentaler, Gruyère, Sbrinz, Bergkäse and Appenzell :
                    1 . Of a minimum fat content of 45 % by weight, referred to dry
                        matter, matured for at least 3 months and fulfilling the con
                        ditions stipulated in footnote ('):
                        (a) Whole cheeses of a cif value of:
                             1 . 7 460 pesetas or more but less than 8 553 pesetas per
                                  100 kg net weight                                               100       2 238 ptas/    11 230· 10
                                                                                100 kg
                             2. 8 553 pesetas or more per 100 kg net weight                       100       1 800 ptas/    12 014 80
                                                                                100 kg
                        (b) Vacuum-packed pieces, with rind on at least one side, of
                             a weight exceeding 1 kg and of a cif value of:
                             1 . 8 366 pesetas or more but less than 9 458 pesetas per
                                 100 kg net weight                                               100 '      2 238 ptas/    12 280· 10
                                                                                100 kg
                             2. 9 458 pesetas or more per 100 kg net weight                       100       1 800 ptas/    13 064 80
                                                                                100 kg
                        (c) Vacuum-packed pieces, with rind on at least one side, of
                              a weight not exceeding 1 kg but exceeding 75 g, and of a
                             cif value of:
                             1 . 8 970 pesetas or more but less than 10 062 pesetas
                                 per 100 kg net weight                                           100        2 238 ptas/    12 980· 10
                                                                                100 kg
                             2. 10 062 pesetas or more per 100 kg net weight                     100        1 800 ptas/    13 764-80
                                                                                100 kg
                   2 . Other                                                                 variable          45%         11 230-10
               B. Glarus herb cheese (known as Schabziger), made from skimmed
                   milk and mixed with finely ground herbs, whether or not pow
                   dered, fulfilling the conditions stipulated in footnote 2                     1             45%            —
               C. Blue-veined cheese :
                   1 . Roquefort, fulfilling the conditions stipulated in footnote (2)           1             45 %           —
                   2. Gorgonzola, Bleu des Causses, Bleu d'Auvergne, Bleu dè
                        Bresse, Fourme d'Ambert, Saingorlon, Edelpilzkäse, Bleu
                        fort, Bleu de Gex, Bleu du Jura and Bleu de Septmoncel, ful
                        filling the conditions stipulated in footnote (2)                        1             45%
                   3 . Other                                                                 variable          45 %        12 014-80
 ---pagebreak--- 286                                           Official Journal of the European Communities
                                                                                Compensating                    Threshold
                                                                                Customs duty
                                                                                duty                        price
     Spanish
     Customs
      Tariff
                                                   Description                                 Pesetas                       Pesetas
       No                                                                                per 1 00 kg                   per 100 kg
                                                                                ( net weight )                ( net weight)
        I                                               2                                          3              4             5
  04.04       D. Processed cheese :
  ( cont'd)
                  1 . fulfilling the conditions stipulated in footnote (') in the blen
                        ding of which only Emmentaler, Gruyère and Appenzell
                        have been used and which may contain, as an addition, Gla
                        rus herb cheese ( known as Schabziger), put up in boxes or
                        slices and of a fat content by weight referred to dry matter :
                        ( a) exceeding 40 % but not exceeding 48 % in respect of the
                              aggregate of portions or slices                                    100      2 300 ptas/      11 230 10
                                                                                100 kg
                       ( b) exceeding 40 % but not exceeding 48 % in respect of
                              5/6ths of the aggregate of portions or slices, and not
                              exceeding 56 % in respect of the remaining 1 /6th                  100      2 300 ptas/      II 230· 10"
                                                                                100 kg
                       (c) exceeding 48 % but not exceeding 56 % in respect of
                             the aggregate of portions or slices                                 100      2 400 ptas/      11 580 10
                                                                                100 kg
                2 . Other, fulfilling the conditions stipulated in footnote (') and
                       of a dry product content of 40 % or more by weight and a
                       fat content by weight referred to dry matter :
                      ( a) Not exceeding 48 %                                                    100           45 %        10 530 10
                      ( b) Exceeding 48 % but not exceeding 63 %                                 100           45%         10 880 10
                      (c) Exceeding 63 % but not exceeding 73 %                                  100           45%        JU30 10
                3.    Other                                                                variable            45%        14 000
             E. Curd ( 3)                                                                       100            45%           —
             F. Goats' cheese, fulfilling the conditions stipulated in footnote (2)             100           45%            —
             G. Other :
                1 . Of a fat content by weight not exceeding 40 % and a water
                     content calculated by weight of 'the non-fatty matter :
                     (a) Not exceeding 47 %
                            1 . Parmigiano Reggiano, Grana padano, Pecorino and
                                 Fiore sardo, whether or not grated or powdered, ful
                                 filling the conditions stipulated in footnote (2)             1              45%
                            2.   Other                                                    variable            45%        12 014 80
                     ( b) exceeding 47 % but not exceeding 72 % :
                            1 . Cheddar, including Chester, fulfilling the conditions
                                 stipulated in footnote (')                                   100             45%        10 964 80H
                                                                                5
                            2 . Provolone, Asiago, Caciocavallo and Ragusano, ful
                                filling the conditions stipulated in footnote (2)             1               45%           —
                           4. Camembert, Brie, Taleggio, Maroilles, Coulommiers,
                                Carré de l' Est , Reblochon, Pont l' Evêque, Neufchatel ,
                                Limburger, Romadour, Herve, Haizer Käse, Fromage
                                de Bruxelles, Stracchino, Crescenza, Robiola , Livarot
                                and Munster, fulfilling the conditions stipulated in
                                footnote ( 2)                                                 1               45%           —
 ---pagebreak---                                                              Official Journal of the European Communities                                                                           287
                                                                                Compensating               Customs duty
                                                                                Threshold
        Spanish                                                                                duty                                          price
       Customs
          TarifT                                                   Description                                               Pesetas                                        Pesetas
           No
                                                                                per. 100 kg                                    per 100 kg
                                                                                ( net weight)                                  ( net weight) '
             1                                                          2                                                         3                        4                    5
       04.04                             5.   Other                                                                        variable                   45%                12 014 80
       (cont'd)
                                    (c) exceeding 72 % and in immediate packings of a net
                                         capacity :
                                      1 , not exceeding 500 g, fulfilling the conditions stipu
                                          lated in footnote (2)                                                                100                    45%                12 014 80
                                     2 , exceeding 500 g                                                                   variable                  45%                 12 014 80
                               2.   Other                                                                                variable                  45%                 12 014 80
(') Admission under this subheading shall be subject to presentation of a certificate issued by the competent authority of the exporting country, recognized by the Spanish autho
     rities . The form of the certificate must also have been approved by the Spanish authorities. In the absence of such certificate the goods shall be classified under one of the sub
     headings : 04.04 A 2, 04.04 D 3 or 04.04 G 1 ( b) 5 , as the case may be .
( 2) Admission under this subheading shall be subject to presentation of a certificate issued by the competent authority of the exporting country, recognized by the Spanish autho
     rities. The form of the certificate must also have been approved by the Spanish authorities. In the absence of such certificate the goods shall be classified under one of the sub
     headings : 04.04 C 3 , 04.04 G I ( a) 2, 04.04 G 1 ( b) 5 or 04.04 G 2, as the case may be.
( 3) -Under this subheading shall be included only those products obtained by hot precipitation in an acid medium, of the proteins found in cheese whey, forming a soft paste.
(*) For Cheddar intended for processing, see point 4 of this Annex.
2 . On importation into Spain of cheese falling within subheadings :
          (i) 04.04 A 1
                04.04 D 1
                04.04 D 2
                04.04 G 1 (b) 1
                fulfilling the conditions of footnote (') of point 1 of this Annex,
        (ii) 04.04 B, 04.04 C 1 and C 2
                04.04 F, 04.04 G 1 (a) 1
                04.04 G 1 (b) 2 and (b) 4
                04.04 G 1 (c) 1
                fulfilling the conditions of footnote (2) of point 1 of this Annex,
       ( iii) 04.04 E
                 fulfilling the conditions of footnote ( 3) of point of this Annex , the following charges shall be levied :
                (a) the customs duties shown in column 4,
                (b) a countervailing charge for internal taxes and other charges and expenses,
                (c) the fixed compensating duties shown in column 3 .
3 . On importation into Spain of cheeses falling within subheadings 04.04 A 2 , 04.04 C 3, 04.04 D 3, 04.04 G 1 (a) 2, 04.04 G 1 ( b) 5,
      04.04 G 1 (c) 2 and 04.04 G 2, the following charges shall be levied :
       (a) the customs duties shown in column 4,
       (b) a countervailing charge for internal taxes and other charges and expenses,
      (c) a variable compensating duty obtained by calculating the difference between the following factors :
                ( i) the threshold price shown in column 5,
               (ii) the price of the most favourable offer recorded in international trade to which shall be added the customs duties, the coun
                     tervailing charge for internal taxes and other charges and expenses mentioned above under (a) and (b). 'Pilot products'
                     may be established in order to ascertain prices in international trade.
4. On importation into Spain of Cheddar falling within subheading 04.04 G 1 ( b) 1 and intended for processing, the threshold price
       applicable shall be 9 800 pesetas/ 100 kg net weight.
 ---pagebreak--- 288                                             Official Journal of the European Communities
                                                                   ANNEX 2
                         Arrangements for the importation into Spain of cheeses falling within subheading 04.04 G 1 (b) 3
 1 . The provisions of this Annex shall apply to the following cheeses :
      04.04 Cheese and curd :
              G. Other :
                 1 . of a fat content by weight not exceeding 40 % and a water content, calculated by weight, of the non-fatty matter :
                     ( b) exceeding 47 % but not exceeding 72 % :
                          3 . Butterkase, Cantal , Edam, Fontal, Fontina, Gouda, Italico, Kernhem, Mimolette, Saint-Nectaire, Saint
                              Paulin and Tilsit .
2 . Spain shall open an annual , global , import quota of 2 000 metric tons. The allocation of this quota between supplier countries shall
      be made quarterly and on the basis of imports effected into Spain in 1963/64/65, the European Economic Community counting as
     a single entity.
3. On importation of the cheeses listed above, Spain shall apply the following duties and charges :
     (a) customs duties of 45 % ad valorem.
     ( b) a countervailing charge for internal taxes and other charges and expenses.


title: Political and Security Committee Decision (CFSP) 2017/1160 of 26 June 2017 on the appointment of the EU Mission Force Commander of the European Union military mission to contribute to the training of Somali security forces (EUTM Somalia) (EUTM Somalia/1/2017)

text:
               30.6.2017

               EN

               Official Journal of the European Union

               L 167/37

         POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2017/1160
   of 26 June 2017
   on the appointment of the EU Mission Force Commander of the European Union military mission to contribute to the training of Somali security forces (EUTM Somalia) (EUTM Somalia/1/2017)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular Article 38 thereof,
   Having regard to Council Decision 2010/96/CFSP of 15 February 2010 on a European Union military mission to contribute to the training of Somali security forces (1), and in particular Article 5 thereof,
   Whereas:

               (1)

               Pursuant to Article 5(1) of Decision 2010/96/CFSP, the Council authorised the Political and Security Committee (PSC), in accordance with Article 38 of the Treaty on European Union, to take the relevant decisions concerning the political control and strategic direction of the European Union military mission to contribute to the training of Somali security forces (EUTM Somalia), including the decisions on the appointment of subsequent EU Mission Commanders.

               (2)

               On 15 March 2016, the PSC adopted Decision (CFSP) 2016/396 (2) appointing Brigadier General Maurizio MORENA as the EU Mission Commander of EUTM Somalia.

               (3)

               Council Decision (EU) 2017/971 (3) amended the chain of command of EUTM Somalia. Consequently, Decision (CFSP) 2016/396 was repealed, and Brigadier General Maurizio MORENA was appointed as the EU Mission Force Commander of EUTM Somalia.

               (4)

               On 10 March 2017, Italy proposed the appointment of Colonel Pietro ADDIS to succeed Brigadier General Maurizio MORENA as the EU Mission Force Commander of EUTM Somalia.

               (5)

               On 23 May 2017, the EU Military Committee recommended that the PSC appoint Colonel Pietro ADDIS to succeed Brigadier General Maurizio MORENA as the EU Mission Force Commander of EUTM Somalia as from 1 July 2017.

               (6)

               In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications. Consequently, Denmark is not participating in the adoption of this Decision and is neither bound by it nor subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   Colonel Pietro ADDIS is hereby appointed as the EU Mission Force Commander of the European Union military mission to contribute to the training of Somali security forces (EUTM Somalia) as from 1 July 2017.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 26 June 2017.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 44, 19.2.2010, p. 16.

      (2)  Political and Security Committee Decision (CFSP) 2016/396 of 15 March 2016 on the appointment of the EU Mission Commander for the European Union military mission to contribute to the training of Somali security forces (EUTM Somalia) and repealing Decision (CFSP) 2015/173 (EUTM Somalia/1/2016) (OJ L 73, 18.3.2016, p. 99).

      (3)  Council Decision (EU) 2017/971 of 8 June 2017 determining the planning and conduct arrangements for EU non-executive military CSDP missions and amending Decisions 2010/96/CFSP on a European Union military mission to contribute to the training of Somali security forces, 2013/34/CFSP on a European Union military mission to contribute to the training of the Malian armed forces (EUTM Mali) and (CFSP) 2016/610 on a European Union CSDP military training mission in the Central African Republic (EUTM RCA) (OJ L 146, 9.6.2017, p. 133).