title: Decision of the Representatives of the Governments of the Member States of the European Coal and Steel Community, meeting in Council of 18 December 1973 opening tariff preferences for certain steel products originating in developing countries

text:
No L 358 / 192                          Official Journal of the European Communities                              28 . 12 . 73
                                                           DECISION
              of the representatives of the Governments of the Member States of the European Coal
                                         and Steel Community, meeting in Council
                                                     of 18 December 1973
              opening tariff preferences for certain steel products originating in developing countries
                                                         (73/444/ECSC)
THE REPRESENTATIVES OF THE GOVERNMENTS                             4. Subject to Article 2, within each ceiling thus cal
OF    THE   MEMBER       STATES       OF  THE EUROPEAN             culated, charges of products originating in any one
COAL AND STEEL COMMUNITY , MEETING IN                              of the countries or territories listed in Annex B should
COUNCIL ,                                                          not exceed a maximum amount equivalent to 50%
                                                                   of this ceiling.
In agreement with the Commission,
                                                                   5 . Any amendment to Annex B, in particular by
                                                                   the addition of new countries or territories enjoying
                                                                   tariff preferences, may entail a corresponding adjust
HAVE DECIDED AS FOLLOWS :                                          ment to the ceilings and maximum amounts referred
                                                                   to in paragraphs 3 and 4.
                          Article 1
                                                                                Article 2
1 . From 1 January to 31 December 1974 the duties
applicable in the Community to the imports of the                  1 . As soon as the ceilings calculated in accordance
products listed in Annex A shall be completely sus                with the provisions of Article 1 (3 ) which are laid
pended, subject to the provisions of Article 2 .                    down for Community imports of products originating
                                                                    in all of the countries and territories referred to in
2 . This suspension shall be enjoyed solely by prod                Article 1 (2) are reached at Community level, the
ucts originating in the countries and territories                  Member States may at any time, at the request of any
listed in Annex B. For the purposes of the appli                  one of them or of the Commission and in respect of
cation of this Decision the concept of originating                  the whole of the Community, reintroduce the levying
products shall be determined in accordance with the                of the corresponding duties on imports of the products
procedure laid down in Article 14 of Council Regu                  in question from all the countries and territories
lation ( EEC) No 802/68 H of 27 June 1968 of the                    concerned until the end of the period referred to in
common definition of the concept of the origin of                   Article 1 ( 1 ).
goods .
                                                                    2 . As soon as the maximum amounts calculated in
3 . Subject to Article 2, this suspension shall be                  accordance with the provisions of Article 1 (4) which
granted within a ceiling which shall be equal to the                 are laid down for the Community imports of prod
 amount obtained, in respect of each category of prod               ucts originating in each of the countries and terri
 ucts, by adding together, in units of account, the                 tories referred to in Article 1 (2) and (3 ) are reached
value for 1971 of cif imports of the products con                  for any one of these countries or territories at Com
cerned to the Community from the countries and                      munity level, the Member States may at any time,
territories enjoying these arrangements, excluding                  at the request of any one of them and in respect of
those already enjoying various preferential tariff                  the whole of the Community, reintroduce the levying
arrangements granted by the nine Member States of                    of the corresponding duties on imports of the prod
the Community, and 5% of the value of cif imports                    ucts in question from the country or territory con
 in 1971 from other countries and from the countries                 cerned until the end of the period referred to in
 and territories already enjoying such arrangements .                Article 1 ( 1 ).
Imports already enjoying exemption from customs
 duties under such arrangements shall not be charged                                        Article 3
 against the aforementioned ceiling.
                                                                     1 . Imports of the said goods shall be actually charged
                                                                     against the ceilings and maximum amounts as
(x) OJ No L 148 , 28 . 6. 1968 , p. 1 .                              and when they are entered for home use, on the
 ---pagebreak--- 28 . 12. 73                        Official Journal of the European Communities                        No L 358 / 193
basis of the customs value of the said goods, and                                   Article 5
are accompanied by a certificate of origin in accord
ance with the rules referred to in Article 1 (2).             Member States shall inform the Commission at regu
2. Goods may be charged against a ceiling or maxi            lar intervals of imports of the products in question
mum amount only if the certificate of origin                  actually charged against the ceilings and maximum
mentioned in paragraph 1 is presented before the              amounts laid down in Article 1 (3 ) and (4).
date on which the levying of duties is reintroduced.
                                                                                Article 6
3 . The extent to which ceilings and maximum
amounts have been used up shall be recorded at
Community level on the basis of imports charged               The Member States shall take all measures necessary
in the manner laid down in paragraphs 1 and 2.                for the implementation of this Decision.
                        Article 4                             Done at Brussels, 18 December 1973 .
Member States, in close cooperation with the Com                                                   The President
mission, shall take all necessary measures to ensure
that the above provisions are applied.                                                             I. N0RGAARD
 ---pagebreak--- No L 358/ 194                         Official Journal of the European Communities                                   28 . 12 . 73
                                                          ANNEX A
            List of products in respect of which the Common Customs Tariff duties are completely suspended
                   under the generalized tariff preferences granted to developing countries and territories
                CCT
              heading                                            Description
                 No
              73.07        Blooms, billets, slabs and sheet bars (including tinplate bars) of iron or steel ; pieces
                           roughly shaped by forging, of iron or steel :
                           A. Blooms and billets :
                              I. Rolled
                           B. Slabs and sheet bars (including tinplate bars) :
                              I. Rolled
               73.09
                           Universal plates of iron or steel
               73.12
                           Hoop and strip, of iron or steel, hot-rolled or cold-rolled :
                           A. Not further worked than hot-rolled
                           B. Not further worked than cold-rolled:
                              I. In coils for the manufacture of tinplate
                           C. Clad, coated or otherwise surface-treated :
                              III. Tinned :
                                    a) Tinplate
                                V. Other (for example, copper-plated, artificially oxidized ; lacquered, nickel
                                    plated, varnished, clad, parkerized, printed) :
                                    a) Not further worked than clad :
                                        1 . Hot-rolled
                '3 15      Alloy steel and high carbon steel in the forms mentioned in headings Nos 73.06
                           to 73.14 :
                           A. High carbon steel :
                                 I. Ingots, blooms,' billets, slabs and sheet bars :
                                    b) Other
                                        2. Blooms, billets, slabs and sheet bars
                              III. Coils for re-rolling
                              IV. Universal plates
                                V. Bars and rods (including wire rod) and hollow mining drill steel ; angles
                                    shapes and sections :
                                    b) Not further worked than hot-rolled or extruded
                                    d) Clad or surface-worked (for example, polished, coated):
                                        1 . Not further worked than clad :
                                            aa) Hot-rolled or extruded
                               VI. Hoop and strip :
                                    a) Not further worked than hot-rolled
                                    c) Clad, coated or otherwise surface-treated :
                                        1 . Not further worked than clad :
                                            aa) Hot-rolled
                              VII. Sheets and plates :
                                    a) Not further worked than hot-rolled
                                    b) Not further worked than cold-rolled, of a thickness of :
                                        2. Less than 3 mm
 ---pagebreak--- 28 . 12. 73                       Official Journal of the European Communities                              No 1 358/ 195
               CCT
             heading                                        Description
                No
              73.15             c) Polished, clad , coated or otherwise surface-treated
            (cont d)            d) Otherwise shaped or worked :
                                   1 . Cut into shapes other than rectangular shapes, but not further worked
                     B. Alloy steel :
                            I. Ingots, blooms, billets, slabs and sheet bars :
                                b) Other :
                                   2. Blooms, billets, slabs and sheet bars
                         III. Coils for re-rolling
                         IV. Universal plates
                          V. Bars and rods (including wire rod) and hollow mining drill steel ; angles'
                                shapes and sections :
                                b) Not further worked than hot-rolled or extruded
                                d) Clad or surface-worked (for example, polished, coated) :
                                   1 . Not further worked than clad :
                                       aa) Hot-rolled or extruded
                         VI. Hoop and strip :
                                a) Not further worked than hot-rolled
                                c) Clad, coated or otherwise surface-treated :
                                   1 . Not further worked than clad :
                                       aa) Hot-rolled
                         VII. Sheets and plates :
                                a) 'Electrical' sheets and plates
                                b) Other sheets and plates :
                                   1 . Not further worked than hot-rolled
                                   2. Not further worked than cold-rolled, of a thickness of :
                                       bb) less than 3 mm
                                   3 . Polished, clad, coated or otherwise surface-treated
                                   4. Otherwise shaped or worked :
                                       aa) Cut into shapes other than rectangular shapes, but not further
                                            worked
             73.16   Railway and tramway track construction material of iron or steel, the following :
                     rails, check-rails, switch blades, crossings (or frogs), crossing pieces, point rods,
                     rack rails, sleepers, fish-plates, chairs, chair-wedges, sole plates (base plates),
                     rail clips, bedplates, ties, and other material specialized for joining or fixing rails :
                     A. Rails :
                         II. Other
                     B. Check-rails
                     C. Sleepers
                     D. Fish-plates and sole plates :
                           II . Rolled
 ---pagebreak--- No L 358/ 196                      Official Journal of the European Communities                              28 . 12 . 73
                                                      ANNEX B
                  List of developing countries and territories enjoying generalized tariff preferences
                                            INDEPENDENT COUNTRIES
Afghanistan                              India                                     Saudi Arabia
Algeria                                  Indonesia                                 Senegal
Argentina                                Iran                                      Sierra Leone
Bahamas                                  Iraq                                      Singapore
Bahrain                                  Ivory Coast                               Somalia
Bangladesh                               Jamaica                                   Sri Lanka
Barbados                                 Jordan                                    Sudan
Bhutan                                   Kenya                                     Swaziland
Bolivia                                  Khmer Republic                            Syria
Botswana                                 Korea ( South)                            Tanzania
Brazil                                   Kuwait                                    Thailand
Burma                                    Laos                                      Togo
Burundi                                  Lebanon                                   Tonga
Cameroon                                 Lesotho                                   Trinidad and Tobago
Central African Republic                 Liberia                                   Tunisia
Chad                                     Libya                                     Uganda
Chile                                    Malagasy Republic                         United Arab Emirates :
Colombia                                 Malawi                                          Abu Dhabi
Congo, People's Republic of              Malaysia                                        Dubai
Costa Rica                               Maldive Islands                                 Ras al Khaimah
Cuba                                     Mali     v                                      Fuj airah
Cyprus                                   Mauritania                                      Ajman
Dahomey                                  Mauritius                                       Sharjah
Dominican Republic                       Mexico                                          Ummal Qaiwain
Ecuador                                  Morocco                                   Upper Volta
Egypt, Arab Republic of                  Nauru                                     Uruguay
El Salvador                              Nepal                                     Venezuela
Equatorial Guinea                        Nicaragua                                 Vietnam, Republic of
Ethiopia                                 Niger                                     Western Samoa
Fiji                                     Nigeria                                    Yemen, People's Democratic
Gabon                                    Oman                                       Republic of
Gambia                                   Pakistan                                   Yemen Arab Republic
Ghana                                    Panama                                     Yugoslavia
Guatemala                                Paraguay                                   Zaire
Guinea                                   Peru                                       Zambia
Guyana                                   Philippines
Haiti                                    Qatar
Honduras                                 Rwanda
 ---pagebreak--- 28 . 12 . 73                               Official Journal of the European Communities                                             No L 358/ 197
                                                    COUNTRIES AND TERRITORIES
             dependent or administered, or for whose external relations Member States of the Community
                                          or third countries are wholly or partly responsible
             Afars and Issas (Territory of the)
             Angola (including Cabinda)
             Australian Antarctic Territory
             Belize
             Bermuda
             British Antarctic Territory
             British Indian Ocean Territory (Aldabra, Farquhar, Chagos Archipelago, Des Roches)
             British Pacific Ocean (x)
             Brunei
             Cape Verde Islands
             Cayman Islands and Dependencies
             Christmas Island
             Cocos (Keeling) Islands
             Comoro Archipelago
             Corn Islands and Swan Islands
             Falkland Islands and Dependencies
             French Polynesia
             French Southern and Antarctic Territories
             Gibraltar
             Heard Island and MacDonald Islands
             Hong Kong
             Leeward Islands (2)
             Macao
             Mozambique
             Netherlands Antilles
             New Caledonia and Dependencies
             Norfolk Islands
             Pacific Islands administered by the United States of America or under United States trusteeship (3)
             Papua-New Guinea
             Portuguese Guinea
             Portuguese Timor
             St Helena (including Ascension, Gough Island, and Tristan da Cunha)
             Saint Pierre and Miquelon
             Sao Tome and Principe
             Seychelles (including Amirantes)
             Sikkim
              Spanish territories in Africa
              Surinam
              Territories for which New Zealand is responsible (Cook Islands, Niuwe Island, Tokelau Islands
                    and Ross Dependency)
              Turks and Caocos Islands
              Virgin Islands of the United States (St Croix, St Thomas, St John, etc.)
              Wallis and Futuna Islands
              "Windward Islands (4)
              Note : The above lists may be amended subsequently to take account of changes in the inter
                          national status of countries or territories.
               (*) Gilbert and Ellice Islands, British Solomon Islands, New Hebrides Condominium, and Pitcairn Islands.
               (2) Antigua , Montserrat, St Kitts-Nevis-Anguilla, British Virgin Islands.
               (3) The Pacific Islands administered by the United States of America include : Guam, American Samoa (including Swain's
                   Island), Midway Islands, Johnston and Sand Islands, Wake Island and the Trust Territory of the Pacific Islands (the
                   Caroline, Marianas and Marshall Islands).
               (4) Dominica , Grenada, St Lucia, St Vincent.


Avis juridique important

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31998D0382

98/382/EC: Council Decision of 5 June 1998 on the statistical data to be used for the determination of the key for subscription of the capital of the European Central Bank

Official Journal L 171 , 17/06/1998 P. 0033 - 0034

COUNCIL DECISION of 5 June 1998 on the statistical data to be used for the determination of the key for subscription of the capital of the European Central Bank (98/382/EC) THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community and in particular Article 29.2 of the Protocol on the Statute of the European System of Central Banks and of the European Central Bank annexed thereto,Having regard to the proposal from the Commission (1),Having regard to the opinion of the European Parliament (2),Having regard to the opinion of the European Monetary Institute (3),Acting in accordance with the procedure provided for in Article 106(6) of the Treaty and in Article 42 of the said Protocol,(1) Whereas the European Central Bank (ECB) will be established as soon as its Executive Board is appointed;(2) Whereas the initial capital of the ECB, which shall become operational upon its establishment, is ECU 5 000 million;(3) Whereas the national central banks will be the sole subscribers to, and holders of, the capital of the ECB;(4) Whereas the key for the subscription of the ECB's capital will be determined when the ECB is established;(5) Whereas the statistical data to be used for the establishment of the key will be provided by the Commission in accordance with the rules adopted by the Council;(6) Whereas the nature of, and sources for, the data to be used and the method of calculation of the weighting of national central banks in the key must be defined;(7) Whereas Council Directive 89/130/EEC, Euratom of 13 February 1989 on the harmonisation of the compilation of gross national product at market prices (4) introduces a procedure for the adoption by Member States of data on the gross domestic product at market prices; whereas Member States must take all the necessary steps to ensure that these data are transmitted to the Commission,HAS DECIDED AS FOLLOWS:Article 1 The statistical data to be used for the determination of the key for subscription of the capital of the ECB shall be provided by the Commission in accordance with the rules laid down in the following Articles.Article 2 Population and gross domestic product at market prices, hereinafter referred to as 'GDP mp`, shall be defined according to the European System of Integrated Economic Accounts (ESA) in the version which is used for the application of Directive 89/130/EEC, Euratom. GDP mp shall mean GDP mp as defined in Article 2 of that Directive.Article 3 The data on population shall be taken for the year 1996. The mean of the total population over the course of the year shall be used in accordance with the ESA recommendation.Article 4 The data on GDP mp shall be taken for each of the years 1991 to 1995. The data on GDP mp for each Member State shall be expressed in the national currency at current prices.Article 5 The data on population shall be collected by the Commission (Eurostat) from Member States.Article 6 The data on GDP mp for the years 1991 to 1995 shall result from the application of Directive 89/130/EEC, Euratom.Article 7 1. The share of a Member State in the population of the Community shall be its share in the sum of the population of the Member States, expressed as a percentage.2. The GDP mp data for each year and each Member State expressed in national currencies shall be converted into figures expressed in ecus. The exchange rate used for this purpose shall be the average of the exchange rates for all working days in a year. The daily exchange rate shall be the rate calculated by the Commission and published in the 'C` series of the Official Journal of the European Communities.3. The share of a Member State in GDP mp of the Community shall be its share in the sum of GDP mp of the Member States over five years, expressed as a percentage.Article 8 The weighting of a national central bank in the key shall be the arithmetic mean of the shares of the Member State concerned in the population and in the GDP mp of the Community.Article 9 The various steps of calculation shall use sufficient digits to ensure their accuracy. The weighting of national central banks in the key shall be expressed to four decimal places.Article 10 The data referred to in this Decision shall be communicated by the Commission to the ECB as soon as possible after its establishment.Done at Luxembourg, 5 June 1998.For the CouncilThe PresidentG. BROWN(1) OJ C 118, 17. 4. 1998, p. 13.(2) Opinion delivered on 28 May 1998 (not yet published in the Official Journal).(3) Opinion delivered on 6 April 1998 (not yet published in the Official Journal).(4) OJ L 49, 21. 2. 1989, p. 26.


title: 2011/279/EU: Commission Decision of 13 May 2011 accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of zeolite A powder originating in Bosnia and Herzegovina

text:
               14.5.2011

               EN

               Official Journal of the European Union

               L 125/26

         COMMISSION DECISION
   of 13 May 2011
   accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of zeolite A powder originating in Bosnia and Herzegovina
   (2011/279/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (the ‘basic Regulation’), and in particular Articles 8 and 9 thereof,
   After consulting the Advisory Committee,
   Whereas:
   A.   PROCEDURE

               (1)

               By Regulation (EU) No 1036/2010 (2), the Commission imposed a provisional anti-dumping duty on imports into the Union of zeolite A powder originating in Bosnia and Herzegovina.

               (2)

               Following the adoption of the provisional anti-dumping measures, the Commission continued the investigation of dumping, injury and Union interest. The investigation confirmed the provisional findings of injurious dumping relating to these imports.

               (3)

               The definitive findings and conclusions of the investigation are set out in Council Regulation (EU) No 464 of 11 May 2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of zeolite A powder originating in Bosnia and Herzegovina (3) (the ‘product concerned’).

         B.   UNDERTAKING

               (4)

               Subsequent to the adoption of provisional anti-dumping measures, the cooperating exporting producer in Bosnia and Herzegovina, Alumina d.o.o. Zvornik, together with its related company in the Union, AB Kauno Tiekimas filialas ‘Kauno Tiekimas’, located in Kaunas, Lithuania, offered a price undertaking in accordance with Article 8(1) of the basic Regulation. In this undertaking offer, both companies offered to sell the product concerned at or above price levels which eliminate the injurious effects of dumping found during the investigation.

               (5)

               The minimum import price (MIP) offer from the companies was based on the normal value calculated for the investigation period.

               (6)

               The undertaking offer also contained the provision that the sales of the product concerned would be shipped directly from Alumina d.o.o. Zvornik to the first independent customer in the Union and invoiced either from Alumina d.o.o. Zvornik to the first independent customer in the Union or invoiced directly by Kauno. Furthermore, the companies offered to establish a link between the transfer invoices concerning the product concerned issued by Alumina d.o.o Zvornik to Kauno Tiekimas and the resale invoices to the first independent customer in the Union by Kauno Tiekimas.

               (7)

               Both companies also agreed to undertake to provide the Commission with regular and detailed information concerning their sales to the Union, allowing for the undertaking to be monitored effectively by the Commission.

         C.   COMMENTS OF PARTIES AND ACCEPTANCE OF THE UNDERTAKING

               (8)

               The Union industry indicated that it disagrees with the acceptance of an undertaking offer, in particular with a fixed MIP. It was argued that prices of zeolite A powder depend on cost of raw materials, especially caustic soda, and energy and that the market prices are expected to rise. In this respect it is noted that available information concerning the evolution of the cost of production (which includes raw materials and energy costs) confirms that the evolution was linear. The information gathered throughout the investigation suggest that the prices of main raw materials did not change dramatically with exception to the caustic soda in the mid-2009, however this trend was reversed towards the end of 2009 and prices returned to long-time average. Furthermore, energy is not a raw material input and could not be linked with a MIP. The Union industry disputed whether the Bosnian exporting producer and its related company in the Union could be considered trustworthy, account taken of their financial situation. Nevertheless, no concrete and verifiable information was provided to corroborate this claim. The trustworthiness of the aforesaid parties was also questioned since it was argued that they declared on importation the product concerned under various CN codes. In this respect, it is noted that the product concerned is currently falling within CN code ex 2842 10 00 and that the customs declaration is not carried out by the companies offering the undertaking. It was also argued that the Bosnian exporting producer may sell other products in the Union, thus, increasing the danger of cross compensation and that the related company in the Union may provide compensation to its Union clients when selling the product under MIP. In this respect, it is noted that the Commission has not established any systemic danger of cross compensation, in particular as the market and clients for zeolite A powder is well defined. Indeed, the clients that purchase zeolite A powder do not purchase any other products produced by Alumina d.o.o. Zvornik since they operate in completely different markets than the customers of the other products. In this respect, it is emphasised that all parties subject to this undertaking offer will be closely monitored. The Union industry also submitted that the undertaking offer was not submitted within the time period foreseen under the basic Regulation. In this respect, it is noted that the offer was indeed submitted within the time frame period foreseen under Article 8(2) of the basic Regulation. The Union industry submitted some additional comments concerning the calculation method of the MIP and the monitoring of such undertaking, which were however not considered pertinent or justified since the Commission ensured that the proposed MIP is in line with its administrative practices followed with respect to undertaking offers.

               (9)

               In view of the above, the undertaking offered by the two companies is acceptable.

               (10)

               In order to enable the Commission to effectively monitor the companies’ compliance with the undertaking, when the request for release for free circulation is presented to the relevant customs authority, exemption from the anti-dumping duty will be conditional on (i) the presentation of an undertaking invoice containing at least the elements listed in the Annex to Regulation (EU) No 464; (ii) the fact that the imported goods are manufactured by Alumina d.o.o. Zvornik and shipped directly by it to the first independent customer in the Union and invoiced to the first independent customer in the Union either directly by Alumina d.o.o. Zvornik or Kauno Tiekimas and (iii) the fact that the goods declared and presented to customs correspond precisely to the description on the undertaking invoice. Where no such invoice is presented, or when it does not correspond to the product presented to customs, the appropriate rate of anti-dumping duty shall instead be payable.

               (11)

               To ensure that the undertaking is respected, importers have been made aware by the Council Regulation mentioned above in recital 3 that the non-fulfilment of the conditions provided for by that Regulation, or the withdrawal by the Commission of the acceptance of the undertaking, may lead to a customs debt being incurred for the relevant transactions.

               (12)

               In the event of a breach or withdrawal of the undertaking or in case of withdrawal of acceptance of the undertaking by the Commission, the anti-dumping duty imposed in accordance with Article 9(4) of the basic Regulation shall automatically apply pursuant to Article 8(9) of the basic Regulation,

         HAS ADOPTED THIS DECISION:
   Article 1
   The undertaking offered by the exporting producer, together with its related importer in the Union mentioned below in connection with the anti-dumping proceeding concerning imports of zeolite A powder originating in Bosnia and Herzegovina is hereby accepted.

               Country

               Company

               Taric Additional Code

               Bosnia and Herzegovina

               Manufactured, shipped and invoiced directly by Alumina d.o.o., Zvornik, Bosnia and Herzegovina to the first independent customer in the Union

               B115

               Bosnia and Herzegovina

               Manufactured and shipped directly by Alumina d.o.o., Zvornik, Bosnia and Herzegovina to the first independent customer in the Union and invoiced directly by AB Kauno Tiekimas filialas, Kaunas, Lithuania to the first independent customer in the Union

               B116

         Article 2
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Brussels, 13 May 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 343, 22.12.2009, p. 51.

      (2)  OJ L 298, 16.11.2010, p. 27.

      (3)  See page 1 of this Official Journal.


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31973D0415

73/415/EEC: Commission Decision of 31 October 1973 on the special Rice Section of the Advisory Committee on Cereals

Official Journal L 355 , 24/12/1973 P. 0026 - 0027 Greek special edition: Chapter 03 Volume 10 P. 0060  Spanish special edition: Chapter 03 Volume 7 P. 0102  Portuguese special edition Chapter 03 Volume 7 P. 0102

COMMISSION DECISION  of 31 October 1973  on the special Rice Section of the Advisory Committee on Cereals  (73/415/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community;  Whereas a special Rice section of the Advisory Committee on Cereals was set up by the Commission Decision of 22 July 1964 (1), as amended by the Decision of 15 May 1970 (2);  Whereas as a general rule it has not been found necessary to vary the number and apportionment of seats on the Advisory Committees on Agriculture as a result of the Accession of new Member States to the Community;  Whereas the text of the Decision aforesaid does require certain minor alterations ; and it is therefore necessary for the sake of clarity to produce a completely new version of the text,  HAS DECIDED AS FOLLOWS:    Article 1 The text of the Decision of 22 July 1964 setting up a special Rice Section of the Advisory Committee on Cereals, hereinafter called the "Section".  "Article 1 1. There shall be attached to the Commission a special Rice Section of the Advisory Committee on Cereals ; hereinafter called the "Section".  2. The Section shall be composed of representatives of the following interests : growers, cooperatives, the processing and food-manufacturing industries, traders in agricultural produce and foodstuffs, agricultural workers and workers in the processing and food-manufacturing industries, consumers.   Article 2 1. The Section may be consulted by the Commission on any problem concerning the operation of Regulations on the common organization of the market in rice and in particular on measures to be adopted by the Commission under those Regulations.  2. The Chairman of the Section may indicate to the Commission the desirability of consulting the Section on any matter within the latter's competence on which its opinion has not been sought. He shall do so, in particular, at the request of one of the interests represented.   Article 3 1. The Section shall consist of twenty-two members.  2. Seats shall be apportioned as follows:    - eight to representatives of rice growers,       - three to representatives of rice cooperatives,       - two to representatives of the rice-milling industries,       - one to a representative of the industries using rice and broken rice,       - two to representatives of the wholesale rice trade,       - four to representatives of agricultural workers and of workers in the food-manufacturing industry,       - two to consumers' representatives.          Article 4 1. Members of the Section shall be appointed by the Commission on proposals from the trade, workers' organizations set up at Community level which are most representative of the interests specified in Article 1 (2) and whose activities come within the scope of the common organization of the market in rice ; consumers' representatives shall be appointed on proposals from the Consumers' Advisory Committee.  Those bodies shall for each seat to be filled put forward the names of two candidates of different nationality.  2. The term of office for members of the Section shall be three years. Their appointments may be renewed. Members shall not be remunerated for their services.  (1)OJ No 122, 29.7.1964, pp. 2051 to 2053/64. (2)OJ No L 121, 4.6.1970, pp. 14 and 15.   After expiry of the three years members of the Section shall remain in office until they are replaced or until their appointments are renewed.  A member's term of office may be terminated before expiry of the three years by death or resignation.  It may also be terminated where the body which the member represents requests that he be replaced.  A person shall be appointed, in accordance with the procedure laid down in paragraph 1, to replace such member for the remainder of the term of office.  3. A list of the members of the Section shall be published by the Commission, for information purposes, in the Official Journal of the European Communities.   Article 5 The Chairman of the Section shall be the Chairman of the Advisory Committee on Cereals.  The Section shall, by a two-thirds majority of the members present, elect two Vice-Chairmen for a period of three years.  The Section may, by the like majority, elect further officers from among the other members. In that case, the officers other than the Chairman shall consist at most of one representative of each interest represented within the Section.  The officers shall prepare and organize the work of the Section.   Article 6 At the request of any of the interests represented, the Chairman may invite a person delegated by the interest concerned to be present at meetings of the Section. He may likewise on such request invite any person with special qualifications on any subject on the agenda to take part in an expert capacity in the deliberations of the Section. Experts shall take part in discussions only of those questions on account of which they were invited.   Article 7 The Section may set up working groups to assist it in carrying out its work.   Article 8 1. The Section shall be convened by the Commission and shall meet at Commission headquarters. Meetings of the officers shall be convened by the Chairman by arrangement with the Commission.  2. Representatives of the Commission departments concerned shall take part in meetings of the Section, its officers and working groups.  3. Secretarial services for the Section, its officers and working groups shall be provided by the Commission.   Article 9 The Section shall discuss matters on which the Commission has requested an opinion. No vote shall be taken.  The Commission may, when seeking the opinion of the Section, set a time limit within which such opinion shall be given.  The views expressed by the various interests represented shall be included in a report forwarded to the Commission.  In the event of unanimous agreement being reached in the Section on the opinion to be given, the Committee shall formulate joint conclusions and attach them to the report.  The outcome of the Section's discussions shall on request be communicated by the Commission to the Council and to the Management Committees.   Article 10 Without prejudice to the provisions of Article 214 of the Treaty, where the Commission informs them that the opinion requested or the question raised is on a matter of a confidential nature, members of the Section shall be under an obligation not to disclose information which has come to their knowledge through the work of the Section or of its working groups.  In such cases, only members of the Section and representatives of the Commission departments concerned may be present at meetings."   Article 2 This Decision shall enter into force on 31 October 1973.     Done at Brussels, 31 October 1973.  For the Commission  The President  François-Xavier ORTOLI


Important legal notice

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32004D0264

2004/264/EC: Commission Decision of 18 March 2004 suspending the anti-dumping duty imposed by Decision No 2730/2000/ECSC on imports of coke of coal in pieces with a diameter of more than 80 mm originating in the People's Republic of China

Official Journal L 081 , 19/03/2004 P. 0089 - 0091

Commission Decisionof 18 March 2004suspending the anti-dumping duty imposed by Decision No 2730/2000/ECSC on imports of coke of coal in pieces with a diameter of more than 80 mm originating in the People's Republic of China(2004/264/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1)(the basic Regulation), as last amended by Regulation (EC) No 1972/2002(2), and in particular Article 14(4) thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE(1) The Commission, by Decision No 2730/2000/ECSC(3), imposed a definitive anti-dumping duty on imports of coke of coal in pieces with a diameter of more than 80 mm originating in the People's Republic of China (PRC), falling under CN code ex 2704 00 19 (the product concerned). The amount of the anti-dumping duty is equal to the fixed amount of EUR 32.6 per tonne of dry net weight.(2) In view of the expiry of the Treaty establishing the European Coal and Steel Community on 23 July 2002, the Council, by Regulation (EC) No 963/2002(4), Regulation as last amended by Regulation (EC) No 1310/2002(5), decided that anti-dumping proceedings initiated pursuant to Commission Decision No 2277/96/ECSC(6), Decision as last amended by Decision No 435/2001/ECSC(7), and still in force shall be continued and be governed by the provisions of the basic Regulation with effect from 24 July 2002. Likewise, any anti-dumping measures resulting from pending anti-dumping investigations shall be governed by the provisions of the basic Regulation from 24 July 2002.(3) In December 2002, the Commission initiated an interim review at the request of Eucoke-EEIG (the applicant), lodged on behalf of producers representing a major proportion of the total Community production of coke of coal in pieces with a diameter of more than 80 mm, in accordance with Article 11(3) of the basic Regulation.(4) After the applicant had withdrawn the complaint, the Commission has proposed to the Council that the interim review should be terminated.(5) However, during the investigation of the interim review concerning the period from 1 October 2001 to 30 September 2002 (the investigation period), information on a change of market conditions occurred after the investigation period (i.e. from 1 October 2002 to 30 September 2003) which might justify the suspension of the measures currently in force, in accordance with Article 14(4) of the basic Regulation, was provided to the Commission. Consequently, the Commission examined whether such suspension was warranted.B. GROUNDS(6) Article 14(4) of the basic Regulation provides that, in the Community interest, anti-dumping measures may be suspended on the grounds that market conditions have temporarily changed to an extent that injury would be unlikely to resume as a result of such suspension, provided that the Community industry has been given an opportunity to comment and these comments have been taken into account. Article 14(4) further specifies that the anti-dumping measures concerned may be reinstated at any time if the reason for suspension is no longer applicable.(7) During the interim review investigation, a number of interested parties have alleged that in the time since the investigation period, the market situation has changed dramatically. The allegations were based on a shortage of supply of the product concerned and the high level of prices charged by the traders on the Community market.(8) In view of the seriousness of these allegations, the Commission has carried out a further investigation to assess the recent evolution of volumes and prices of the product concerned for the period between 1 October 2002 and 30 September 2003. All parties concerned were given an opportunity to present their views. All interested parties cooperated with the new investigation, the users to a somewhat lesser extent.(9) With regard to the information provided by a cooperating importer and confirmed by the users, an increase ranging from 20 % to 50 % in the price of the product concerned imported from the PRC has been reported for the period examined. This price trend was also confirmed by the Community industry. The steel industry, which is not an interested party in this proceeding, also reported an increase of 76 % in prices of all types of coke.(10) Considering that the Community users do not buy the product concerned directly from the PRC but from traders which do not make an accurate distinction according to the origin of the product, the information on the volume of the product concerned was based on the findings of a specialised magazine called The Coke Market Report, recognised as a reliable source of information for the coke market. This publication reported a decrease of imports from PRC from 15,5 million tonnes for all types of coke in 2002 to 12 million tonnes in 2003, i.e. a decrease of 23 %. This decrease is mainly the result of a recent change in the policy of the Chinese authorities which have decided to direct the Chinese production to the domestic market in order to meet an increasing domestic demand, by reducing the number of export licences granted to the Chinese exporters. A further decrease in imports from PRC of 6,5 million tonnes is expected for the year 2004, although this information has not yet been confirmed as the Chinese authorities have still to issue the licenses. In view of the decreasing number of export licenses issued by the Chinese authorities, a further increase of 19 % in the price of the product concerned is expected in 2004. Since the significant change in supplies of the product concerned is the result of a change in the policy applied by the Chinese authorities, there is no information which would allow the Commission to assume that these changes are of a lasting nature.(11) With regard to the Community industry, it is to be noted that since the imposition of the measures in 2000, the situation of the Community industry has improved. The sales and production volumes decreased slightly as did the Community consumption, but sales prices increased significantly. Investments increased by a third and employment by 10 %. Only the market share remained stable (33 %) but this was due to the emergence of new exporting countries such as the Czech Republic and Poland, while the Chinese market share decreased by more than 10 percentage points and represented 9 % of the Community market in the investigation period. The profit situation also improved, although it has not yet achieved the 10,5 % profit targeted by Decision No 2730/2000/ECSC. The Community industry has, however, gained 17 percentage points since the year 2000 and became profitable during the investigation period. Furthermore, as to the situation after the investigation period (i.e. from 1 October 2002 to 30 September 2003), it is worth noting that, although the Community producers have reported an increase in production and sales on the Community market of 20 % and 40 % respectively, bearing in mind that the Community producers only produce one third of the Community market demand for the product concerned, the imports from the PRC remain vital to supply the Community market.C. CONCLUSION(12) In conclusion, given the temporary change in market conditions, and in particular the high level of prices of the product concerned practised on the Community market, which is far above the injurious level found in the original investigation, together with the alleged shortage of supply of the product concerned, it is considered that the injury linked to the imports of the product concerned originating in the PRC is unlikely to resume as a result of the suspension which would be in the interest of the Community. It is therefore proposed to suspend the measures in force for a period of nine months in accordance with Article 14(4) of the basic Regulation.(13) Pursuant to Article 14(4) of the basic Regulation, the Commission has informed the Community industry of its intention to suspend the anti-dumping measures in force. The Community industry has been given an opportunity to comment. The Community industry did not oppose the suspension of the anti-dumping measures in force.(14) The Commission therefore considers that all requirements for suspending the anti-dumping duty imposed on the product concerned are met, in accordance with Article 14(4) of the basic Regulation. Consequently, the anti-dumping duty imposed by Decision No 2730/2000/ECSC should be suspended for a period of nine months.(15) The Commission will continue to monitor the development of imports and the prices of the product concerned. Should a situation arise at any time in which increased volumes at dumped prices of the product concerned from the PRC resume and consequently cause injury to the Community industry, the Commission will reinstate the anti-dumping duty by repealing the present suspension,HAS ADOPTED THIS DECISION:Article 1The definitive anti-dumping duty imposed by Decision No 2730/2000/ECSC on imports of coke of coal in pieces larger than 80 mm in maximum diameter, falling within CN code ex 2704 00 19 (TARIC code 2704 00 19 10 ), and originating in the People's Republic of China is hereby suspended for a period of nine months.Article 2This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.Done at Brussels, 18 March 2004.For the CommissionPascal LamyMember of the Commission(1) OJ L 56, 6.3.1996, p. 1.(2) OJ L 305, 7.11.2002, p. 1.(3) OJ L 316, 15.12.2000, p. 30.(4) OJ L 149, 7.6.2002, p. 3.(5) OJ L 192, 20.7.2002, p. 9.(6) OJ L 308, 29.11.1996, p. 11.(7) OJ L 63, 3.3.2001, p. 14.


Avis juridique important

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31998D0592

98/592/EC: Council Decision of 15 October 1998 providing supplementary macro-financial assistance for Ukraine

Official Journal L 284 , 22/10/1998 P. 0045 - 0046

COUNCIL DECISION of 15 October 1998 providing supplementary macro-financial assistance for Ukraine (98/592/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the European Parliament (2),Whereas the Commission has consulted the Monetary Committee before submitting its proposal;Whereas Ukraine is undertaking fundamental political and economic reforms and is making substantial efforts to implement a market economy model;Whereas Ukraine and the European Communities and their Member States have signed a Partnership and Cooperation Agreement which will help the development of a full cooperation relationship;Whereas the authorities of Ukraine have requested financial assistance from the International Financial Institutions, the Community and other bilateral donors;Whereas Ukraine has agreed with the International Monetary Fund (IMF) on a macro-economic programme for the period July 1998 to June 2001 supported by an 'Extended Fund Facility` (EFF) of approximately USD 2,3 billion; whereas policy-based loans to Ukraine in the order of USD 2,1 billion are also expected from the World Bank during the programme period;Whereas, over and above the estimated financing which could be provided by the IMF and the World Bank, and after undisbursed commitments of bilateral donors under previous programmes have been deducted, a residual financing gap of some USD 2,2 billion remains to be covered during the programme period in order to support the policy objectives attached to the government's reform effort; whereas complementary official and private contributions are expected from other bilateral donors;Whereas by Decisions 94/940/EC (3) and 95/442/EC (4), the Council approved macro-financial assistance for Ukraine of up to a total amount of ECU 285 million for support to previous macro-economic programmes; whereas, however, further official support is required in the context of the present programme to support the balance of payments, consolidate the reserve position and facilitate the necessary structural adjustment of that country;Whereas an additional Community long-term loan to Ukraine is an appropriate measure to help ease the country's external financial constraints;Whereas commitments have been given by the Ukrainian authorities, the Group of Seven and the European Union in the context of the Memorandum of Understanding signed on 21 December 1995 aimed at the closure of the Chernobyl nuclear power plant by the year 2000;Whereas the Community loan should be managed by the Commission;Whereas the Treaty does not provide, for the adoption of this Decision, powers other than those of Article 235,HAS DECIDED AS FOLLOWS:Article 1 1. The Community shall make available to Ukraine a long-term loan facility of a maximum principal amount of ECU 150 million with a maximum maturity of 10 years, with a view to ensuring a sustainable balance-of-payments situation, strengthening the country's reserve position and comforting the implementation of the necessary structural reforms.2. To this end, the Commission is empowered to borrow, on behalf of the European Community, the necessary resources that will be placed at the disposal of Ukraine in the form of a loan.3. This loan will be managed by the Commission in close consultation with the Monetary Committee and in a manner consistent with any agreement reached between the IMF and Ukraine.Article 2 1. The Commission is empowered to agree with the Ukrainian authorities, after consulting the Monetary Committee, the economic policy conditions attached to the loan. These conditions shall be consistent with the agreements referred to in Article 1(3).2. The Commission shall verify at regular intervals, in collaboration with the Monetary Committee and in close coordination with the IMF, that the economic policy in Ukraine is in accordance with the objectives of this loan and that its conditions are being fulfilled.Article 3 1. The loan shall be made available to Ukraine in at least two instalments. Subject to Article 2, the first instalment is to be released on the basis of a satisfactory track record of Ukraine's macro-economic programme agreed with the IMF in the context of the present EFF or of a successor upper credit tranche arrangement.2. Subject to Article 2, the later instalment(s) shall be released on the basis of a satisfactory continuation of the arrangements referred to in paragraph 1 and not before a period of three months has elapsed after the release of the previous instalment.3. The funds shall be paid to the National Bank of Ukraine.Article 4 1. The borrowing and lending operations referred to in Article 1 shall be carried out using the same value date and must not involve the Community in the transformation of maturities, in any exchange or interest rate risk, or in any other commercial risk.2. The Commission shall take the necessary steps, if Ukraine so requests, to ensure that an early repayment clause is included in the loan terms and conditions and that it may be exercised.3. At the request of Ukraine, and where circumstances permit an improvement in the interest rate on the loans, the Commission may refinance all or part of its initial borrowings or restructure the corresponding financial conditions. Refinancing or restructuring operations shall be carried out in accordance with the conditions set out in paragraph 1 and shall not have the effect of extending the average maturity of the borrowing concerned or increasing the amount, expressed at the current exchange rate, of capital outstanding at the date of the refinancing or restructuring.4. All related costs incurred by the Community in concluding and carrying out the operation under this Decision shall be borne by Ukraine.5. The Monetary Committee shall be kept informed of developments in the operations referred to in paragraphs 2 and 3 at least once a year.Article 5 At least once a year the Commission shall address to the European Parliament and to the Council a report, which will include an evaluation of the implementation of this Decision.Done at Brussels, 15 October 1998.For the CouncilThe PresidentW. SCHÜSSEL(1) OJ C 386, 20. 12. 1997, p. 10.(2) OJ C 80, 16. 3. 1998, p. 29.(3) OJ L 366, 31. 12. 1994, p. 32.(4) OJ L 258, 28. 10. 1995, p. 63.


title: 2005/696/EC, Euratom: Council Decision of 3 October 2005 amending the Protocol on the Statute of the Court of Justice, in order to lay down the conditions and limits for the review by the Court of Justice of decisions given by the Court of First Instance

text:
               11.10.2005

               EN

               Official Journal of the European Union

               L 266/60

      COUNCIL DECISION

   of 3 October 2005
   amending the Protocol on the Statute of the Court of Justice, in order to lay down the conditions and limits for the review by the Court of Justice of decisions given by the Court of First Instance
   (2005/696/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 225(2) and (3) and the second paragraph of Article 245 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 140a(2) and (3) and the second paragraph of Article 160 thereof,
   Having regard to the request of the Court of Justice of 12 September 2003,
   Having regard to the opinion of the European Parliament of 10 February 2004,
   Having regard to the opinion of the Commission of 11 February 2005,
   Whereas:

               (1)

               Article 225(2) and (3) of the EC Treaty, as amended by Article 2(31) of the Treaty of Nice, provides:
               ‘2.   The Court of First Instance shall have jurisdiction to hear and determine actions or proceedings brought against decisions of the judicial panels set up under Article 225a.
               Decisions given by the Court of First Instance under this paragraph may exceptionally be subject to review by the Court of Justice, under the conditions and within the limits laid down by the Statute, where there is a serious risk of the unity or consistency of Community law being affected.
               3.   The Court of First Instance shall have jurisdiction to hear and determine questions referred for a preliminary ruling under Article 234, in specific areas laid down by the Statute.
               Where the Court of First Instance considers that the case requires a decision of principle likely to affect the unity or consistency of Community law, it may refer the case to the Court of Justice for a ruling.
               Decisions given by the Court of First Instance on questions referred for a preliminary ruling may exceptionally be subject to review by the Court of Justice, under the conditions and within the limits laid down by the Statute, where there is a serious risk of the unity or consistency of Community law being affected.’

               (2)

               Article 140a(2) and (3) of the EAEC Treaty was similarly amended by Article 3(13) of the Treaty of Nice.

               (3)

               Account was taken in part of those amendments in Article 62 of the Protocol on the Statute of the Court of Justice, in accordance with which: ‘In the cases provided for in Article 225(2) and (3) of the EC Treaty and Article 140a(2) and (3) of the EAEC Treaty, where the First Advocate General considers that there is a serious risk of the unity or consistency of Community law being affected, he may propose that the Court of Justice review the decision of the Court of First Instance.
               The proposal must be made within one month of delivery of the decision of the Court of First Instance. Within one month of receiving the proposal made by the First Advocate General, the Court of Justice shall decide whether or not the decision should be reviewed.’

               (4)

               In accordance with Declaration No 13 annexed to the Final Act of the Treaty of Nice, it is necessary to adopt the provisions concerning review of judgments delivered by the Court of First Instance ruling on decisions of the judicial panels and on questions referred for a preliminary ruling, specifying:

                           ‘—

                           the role of the parties in proceedings before the Court of Justice, in order to safeguard their rights,

                           —

                           the effect of the review procedure on the enforceability of the decision of the Court of First Instance,

                           —

                           the effect of the Court of Justice decision on the dispute between the parties.’,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following Articles shall be inserted between Articles 62 and 63 of the Protocol on the Statute of the Court of Justice:

      ‘Article 62a
      The Court of Justice shall give a ruling on the questions which are subject to review by means of an urgent procedure on the basis of the file forwarded to it by the Court of First Instance.
      Those referred to in Article 23 of this Statute and, in the cases provided for in Article 225(2) of the EC Treaty and in Article 140a(2) of the EAEC Treaty, the parties to the proceedings before the Court of First Instance shall be entitled to lodge statements or written observations with the Court of Justice relating to questions which are subject to review within a period prescribed for that purpose.
      The Court of Justice may decide to open the oral procedure before giving a ruling.
      Article 62b
      In the cases provided for in Article 225(2) of the EC Treaty and in Article 140a(2) of the EAEC Treaty, without prejudice to Articles 242 and 243 of the EC Treaty, proposals for review and decisions to open the review procedure shall not have suspensory effect. If the Court of Justice finds that the decision of the Court of First Instance affects the unity or consistency of Community law, it shall refer the case back to the Court of First Instance which shall be bound by the points of law decided by the Court of Justice; the Court of Justice may state which of the effects of the decision of the Court of First Instance are to be considered as definitive in respect of the parties to the litigation. If, however, having regard to the result of the review, the outcome of the proceedings flows from the findings of fact on which the decision of the Court of First Instance was based, the Court of Justice shall give final judgment.
      In the cases provided for in Article 225(3) of the EC Treaty and Article 140a(3) of the EAEC Treaty, in the absence of proposals for review or decisions to open the review procedure, the answer(s) given by the Court of First Instance to the questions submitted to it shall take effect upon expiry of the periods prescribed for that purpose in the second paragraph of Article 62. Should a review procedure be opened, the answer(s) subject to review shall take effect following that procedure, unless the Court of Justice decides otherwise. If the Court of Justice finds that the decision of the Court of First Instance affects the unity or consistency of Community law, the answer given by the Court of Justice to the questions subject to review shall be substituted for that given by the Court of First Instance.’

   Article 2
   This Decision shall take effect on the day of its publication in the Official Journal of the European Union.

      Done at Luxembourg, 3 October 2005.

            For the Council

            The President

         D. ALEXANDER