title: 2013/588/EU: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the budget of the European Maritime Safety Agency for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/267

      DECISION OF THE EUROPEAN PARLIAMENT

   of 17 April 2013
   on discharge in respect of the implementation of the budget of the European Maritime Safety Agency for the financial year 2011
   (2013/588/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Maritime Safety Agency for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Maritime Safety Agency for the financial year 2011, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 12 February 2013 (05753/2013 – C7-0041/2013),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               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 (2), and in particular Article 185 thereof,

               —

               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 (3), and in particular Article 208 thereof,

               —

               having regard to Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (4), and in particular Article 19 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0078/2013),

               1.

               Grants the Executive Director of the European Maritime Safety Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2011;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Executive Director of the European Maritime Safety Agency, the Council, the Commission and the Court of Auditors, 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 C 388, 15.12.2012, p. 129.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 208, 5.8.2002, p. 1.

      (5)  OJ L 357, 31.12.2002, p. 72.

         RESOLUTION OF THE EUROPEAN PARLIAMENT

      of 17 April 2013
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Maritime Safety Agency for the financial year 2011
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Maritime Safety Agency for the financial year 2011,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the European Maritime Safety Agency for the financial year 2011, together with the Agency’s replies (1),

                  —

                  having regard to the Council’s recommendation of 12 February 2013 (05753/2013 – C7-0041/2013),

                  —

                  having regard to Article 319 of the Treaty on the Functioning of the European Union,

                  —

                  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 (2), and in particular Article 185 thereof,

                  —

                  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 (3), and in particular Article 208 thereof,

                  —

                  having regard to Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (4), and in particular Article 19 thereof,

                  —

                  having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

                  —

                  having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0078/2013),

                  A.

                  whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts of the European Maritime Safety Agency (‘the Agency’) for the financial year 2011 are reliable and that the underlying transactions are legal and regular,

         Budgetary and financial management

                  1.

                  Notes that the Agency’s 2011 budget amounted to EUR 56,4 million, compared to EUR 54,4 million in the previous year;

                  2.

                  Notes with concern the Court of Auditors’ finding that budget commitments amounting to EUR 0,9 million were not related to existing legal commitments and the Agency should have decommitted and paid back the amount to the Commission at the beginning of 2012; notes, however, that the Agency initiated the process too late and as a result, due to restrictions imposed by the IT system, the funds will be blocked for one year and will only be decommitted and paid back at the end of 2012;

                  3.

                  Acknowledges that the Agency took steps in order to ensure outstanding balances on commitments not related to existing legal obligations were decommitted before the end of the year, and had instructed its Authorising Officers to initiate the decommitment procedure as soon as there is certainty that a measure is not or will not be fully implemented; calls on the Agency to report to the discharge authority whether the measures have been sufficient for avoiding the recurrence of a similar situation;

                  4.

                  Regrets that the Court of Auditors identified the need to improve the Agency’s asset management; it found, in particular, unexplained differences between the recorded annual and cumulated depreciation and that for internally created intangible assets, accounting procedures and information on costs were not reliable; notes that evidence of a physical inventory of administrative equipment within the required period was lacking;

                  5.

                  Acknowledges from the Agency that it has addressed all the issues concerning its asset management, in particular, in the course of 2012, detailed rules and procedures as regards asset management were developed and implemented, the correctness of the inventory was verified and as anticipated, a full inventory of physical assets has been completed in the course of the second half of 2012; notes that the asset register supporting accrual-based accounting for assets, the Agency’s tool to keep track of all its assets, has finally been fully updated;

                  6.

                  Notes with concern the Court of Auditors’ finding that the Agency sold two sets of sweeping arms systems for at-sea oil recovery services in December 2011, aiming to obtain at least the equipment’s net book value of EUR 319 050; notes that as a result of the minimum price being wrongly set below net book value, the equipment was sold at a loss of EUR 93 950; believes that as the price obtained was the result of a tender process, this should indicate that depreciation rates used may need examination;

                  7.

                  Acknowledges from the Agency that it has established a number of guidelines and procedures with regard to managing its marine pollution response assets, acknowledges that they have been consolidated in a consistent manner in a compendium, and that compendium includes a chapter on the public sale procedure and a detailed procedure for the establishment of the relevant depreciated book value;

         Recruitment

                  8.

                  Notes from the Court of Auditors’ report that there was room to improve the transparency of recruitment procedures, in particular, the thresholds which candidates had to meet in order to be invited to interview, the questions for written tests and interviews and the corresponding weightings for the evaluation of candidates were not set before the applications were examined; acknowledges that the Agency has updated its recruitment procedures accordingly;

         Conflicts of interest

                  9.

                  Calls on the Agency to scrutinise and prohibit possible conflicts of interest when hiring experts and staff from the sector it supervises;

         Internal audit

                  10.

                  Notes that in 2011, the Commission’s Internal Audit Service (IAS) performed the audit of ‘Inspection at EMSA’, and that following the audit, the Agency prepared a detailed action plan, which according to IAS, adequately addressed the very important risks; notes that IAS also followed up the status of implementation of the open ‘very important’ recommendation of previous audits and found that the Agency has implemented all those recommendations; notes that by the end of 2011, the Agency considered closed 26 out of a total of 30 recommendations, made by both the IAS and the Agency’s Internal Auditor (Internal Audit Capability);

                  11.

                  Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its Resolution of 17 April 2013 (6) on the performance, financial management and control of the agencies.

         (1)  OJ C 388, 15.12.2012, p. 129.

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

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

         (4)  OJ L 208, 5.8.2002, p. 1.

         (5)  OJ L 357, 31.12.2002, p. 72.

         (6)  Texts adopted, P7_TA(2013)0134 (see page 374 of this Official Journal).


Avis juridique important

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31990D0406

90/406/EEC: Council Decision of 27 July 1990 on the conclusion of an Agreement in the form of an exchange of letters concerning the provisional application of the Protocol establishing for the period from 1 July 1990 to 30 June 1993 the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of the Gambia on fishing off the Gambia

Official Journal L 208 , 07/08/1990 P. 0034

*****COUNCIL  DECISION  of 27 July 1990  on the conclusion of an Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol establishing for the period from 1 July 1990 to 30 June 1993 the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of the Gambia on fishing off the Gambia  (90/406/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the Act of Accession of Spain and Portugal, and in particular Article 155 (2) (b) thereof,  Having regard to the Agreement between the European Economic Community and the Government of the Republic of the Gambia on fishing off the Gambia (1), which entered into force on 1 July 1987,  Having regard to the proposal from the Commission,  Whereas the Community and the Republic of the Gambia conducted negotiations to determine the amendments or additions to be made to the abovementioned Agreement at the end of the period of application of the Protocol annexed thereto;  Whereas, as a result of those negotiations, a new Protocol was initialled on 20 April 1990;  Whereas, under that Protocol, Community fishermen have fishing rights in the waters under the sovereignty or jurisdiction of the Republic of the Gambia for the period from 1 July 1990 to 30 June 1993;  Whereas, under Article 155 (2) (b) of the Act of Accession, it is for the Council to determine the procedures appropriate to take into consideration all or part of the interests of the Canary Islands when it adopts decisions, case by case, particularly with a view to the conclusion of fisheries agreements with third countries; whereas the case in point calls for the said procedures to be determined;  Whereas, in order to avoid any interruption in the fishing activities of Community vessels, it is indispensable that the new Protocol be applied as soon as possible; whereas, for this reason, the two parties initialled an Agreement in the form of an Exchange of Letters providing for the provisional application of the initialled Protocol from the day following the date of expiry of the Protocol in force; whereas that Agreement should be approved pending a final decision taken on the basis of Article 43 of the Treaty,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol establishing for the period from 1 July 1990 to 30 June 1993 the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of the Gambia on fishing off the Gambia is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2  With a view to taking into consideration the interests of the Canary Islands, the Agreement referred to in Article 1 and, insofar as is necessary for its application, the provisions of the common fisheries policy relating to the conservation and management of fishery resources shall also apply to vessels which sail under the flag of Spain, which are recorded on a permanent basis in the registers of the relevant authorities at local level (registros de base) in the Canary Islands, under the conditions specified in Note 6 to Annex I to Council Regulation (EEC) No 1135/88 of 7 March 1988, concerning the definition of the concept of 'originating products' and methods of administrative cooperation in trade between the customs territory of the Community, Ceuta and Melilla and the Canary Islands (2), as amended by Regulation (EEC) No 3902/89 (3).  Article 3  The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.  Done at Brussels, 27 July 1990.  For the Council  The President  E. RUBBI  (1) OJ No L 146, 6. 6. 1987, p. 1.  (2) OJ No L 114, 2. 5. 1988, p. 1.  (3) OJ No L 375, 23. 12. 1989, p. 5.


title: Council Decision (EU) 2016/273 of 12 February 2016 on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Democratic Republic of Timor-Leste on the short-stay visa waiver

text:
               27.2.2016

               EN

               Official Journal of the European Union

               L 52/13

         COUNCIL DECISION (EU) 2016/273
   of 12 February 2016
   on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Democratic Republic of Timor-Leste on the short-stay visa waiver
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 77(2), in conjunction with point (a)(v) of the second subparagraph of Article 218(6), thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament (1),
   Whereas:

               (1)

               The Commission has negotiated on behalf of the European Union an Agreement with the Democratic Republic of Timor-Leste on the short-stay visa waiver (the ‘Agreement’).

               (2)

               In accordance with Council Decision (EU) 2015/1030 (2), the Agreement has been signed and is applied on a provisional basis as from 28 May 2015.

               (3)

               The Agreement sets up a Joint Committee of experts for the management of the Agreement. The Union is to be represented within that Joint Committee by the Commission, which should be assisted by the representatives of the Member States.

               (4)

               This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (3); the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (5)

               This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (6)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and the Democratic Republic of Timor-Leste on the short-stay visa waiver is hereby approved on behalf of the Union.
   Article 2
   The President of the Council shall give, on behalf of the Union, the notification provided for in Article 8(1) of the Agreement (5).
   Article 3
   The Commission, assisted by the representatives of the Member States, shall represent the Union within the Joint Committee of experts set up pursuant to Article 6 of the Agreement.
   Article 4
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 12 February 2016.

            For the Council

            The President

         J.R.V.A. DIJSSELBLOEM

      (1)  Consent given on 15 December 2015 (not yet published in the Official Journal)

      (2)  Council Decision (EU) 2015/1030 of 7 May 2015 on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the Democratic Republic of Timor-Leste on the short-stay visa waiver (OJ L 173, 3.7.2015, p. 1).

      (3)  Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).

      (4)  Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).

      (5)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


Avis juridique important

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32001D0365

2001/365/EC: Council Decision of 4 April 2001 on the conclusion of a Protocol to the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part, on Conformity Assessment and Acceptance of Industrial Products (PECA)

Official Journal L 135 , 17/05/2001 P. 0001 - 0002

Council Decisionof 4 April 2001on the conclusion of a Protocol to the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part, on Conformity Assessment and Acceptance of Industrial Products (PECA)(2001/365/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof, in conjunction with the first sentence of the first subparagraph of Article 300(2), the first sentence of the first subparagraph of Article 300(3) and Article 300(4) thereof,Having regard to the proposal from the Commission,Whereas:(1) The Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Czech Republic of the other part(1), hereinafter referred to as the "Europe Agreement", entered into force on 1 February 1995.(2) Article 75(2) of the Europe Agreement provides that cooperation in the fields of standardisation and conformity assessment shall seek to achieve, amongst other things, the conclusion of agreements on mutual recognition.(3) Article 108(2) of the Europe Agreement provides that the Association Council may delegate to the Association Committee any of its powers.(4) Article 2 of Decision 94/910/ECSC, EC, Euratom of the Council and the Commission of 19 December 1994 on the conclusion of the Europe Agreement(2), provides for the Community decision-making procedures and for the presentation of the Community position in the Association Council and in the Association Committee.(5) Article 14 of Decision No 1/95 of the Association Council between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part of 4 April 1995 on its rules of procedure provides that the Association Committee may set up further subcommittees or groups to assist in carrying out its duties.(6) The Protocol to the Europe Agreement, on Conformity Assessment and Acceptance of Industrial Products, was signed on behalf of the Community in Brussels on 26 February 2001 and should be approved.(7) Certain tasks for implementation have been conferred upon the Association Council and, in particular, the power to amend the Annexes to the Protocol.(8) The appropriate internal procedures should be established to ensure the proper functioning of the Protocol.(9) It is necessary to empower the Commission to make certain technical amendments to the Protocol and to take certain decisions for its implementation,HAS DECIDED AS FOLLOWS:Article 1The Protocol to the Europe Agreement, on Conformity Assessment and Acceptance of Industrial Products (hereinafter referred to as "the Protocol"), as well as the declarations annexed to the Final Act thereto, are hereby approved on behalf of the Community.The text of the Protocol, and of the declarations annexed to the Final Act thereto, is attached to this Decision.Article 2The President of the Council shall, on behalf of the Community, transmit the diplomatic note provided for in Article 17 of the Protocol(3).Article 31. After consultation with the special committee appointed by the Council, the Commission shall:(a) carry into effect the notifications, acknowledgements, suspensions and withdrawals of bodies, and appointments of joint team or teams of experts, in accordance with Articles 10, 11 and 14(c), of the Protocol, and Section III of the Good Manufacturing Practice (GMP) Annex to the Protocol;(b) bring about the consultations, exchange of information, the requests for verifications and for participation in verifications, in accordance with Articles 3, 12 and 14(d), (e), and Sections III and IV of the Annexes to the Protocol concerning machinery, lifts, personal protective equipment, electrical safety, electromagnetic compatibility, equipment and protective systems intended for use in potentially explosive atmospheres, hot water boilers, gas appliances, pressure equipment and GMP;(c) if necessary, reply to requests in accordance with Article 11, Sections III and IV of the Annexes to the Protocol concerning machinery, lifts, personal protective equipment, electrical safety, electromagnetic compatibility, equipment and protective systems intended for use in potentially explosive atmospheres, hot-water boilers, gas appliances, pressure equipment and GMP.2. Following consultation of the special committee referred to in paragraph 1, the Commission shall determine the position to be taken by the Community in the Association Council and, where applicable, in the Association Committee, with regard to:(a) amendments to the Annexes in accordance with Article 14(a) of the Protocol;(b) any decisions regarding disagreements on the results of the verifications and the suspensions, in part or totally, of any notified body in accordance with the second and third subparagraphs of Article 11 of the Protocol;(c) any measures taken in the application of the safeguard clauses in Section IV of the Annexes of the Protocol concerning machinery, lifts, personal protective equipment, electrical safety, electromagnetic compatibility, equipment and protective systems intended for use in potentially explosive atmospheres, hot-water boilers, gas appliances, and pressure equipment;(d) the pre-operational phase and the measures to be taken in accordance with points 3.3, 3.4, 4.12, 4.17 and 5.1 of Section III of the GMP Annex to the Protocol;(e) any measures concerning the verification, suspension, or withdrawal of industrial products as having mutual acceptance under Article 4 of the Protocol.3. In all other cases, the position to be taken by the Community in the Association Council and, where applicable, in the Association Committee, with regard to this Protocol shall be determined by the Council, acting by qualified majority on a proposal from the Commission.Done at Luxembourg, 4 April 2001.For the CouncilThe PresidentB. Rosengren(1) OJ L 360, 31.12.1994, p. 2.(2) OJ L 360, 31.12.1994, p. 1.(3) The date of entry into force of the Protocol will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


title: 2011/182/EU: Council Decision of 9 March 2011 concerning the renewal of the Agreement for scientific and technological cooperation between the European Community and Ukraine

text:
               25.3.2011

               EN

               Official Journal of the European Union

               L 79/3

         COUNCIL DECISION
   of 9 March 2011
   concerning the renewal of the Agreement for scientific and technological cooperation between the European Community and Ukraine
   (2011/182/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 186, in conjunction with point (v) of Article 218(6)(a), thereof,
   Having regard to the proposal from the Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               By its Decision 2003/96/EC of 6 February 2003 (1), the Council approved the conclusion of the Agreement for scientific and technological cooperation between the European Community and Ukraine.

               (2)

               Article 12(b) of the Agreement provided that the Agreement would be concluded for an initial period ending on 31 December 2002 and would be renewable by common agreement between the Parties for additional periods of 5 years.

               (3)

               By a Decision of 22 September 2003 (2) which entered into force on 8 November 2004, the Council approved the renewal of the Agreement for a further period of 5 years.

               (4)

               At the third meeting of the EU-Ukraine Sub-Committee No 7, held on 26 and 27 November 2008 in Kyiv, both Parties confirmed their interest in a renewal of the abovementioned Agreement for a further 5 years.

               (5)

               The material content of the renewed Agreement is identical with the material content of the Agreement which expired on 7 November 2009.

               (6)

               As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community.

               (7)

               The renewal of the Agreement for scientific and technological cooperation between the European Community and Ukraine should be approved on behalf of the Union,

         HAS ADOPTED THIS DECISION:
   Article 1
   The renewal of the Agreement for scientific and technological cooperation between the European Community and Ukraine, for an additional period of 5 years, is hereby approved on behalf of the Union.
   Article 2
   The President of the Council shall, acting on behalf of the Union and in accordance with Article 12 of the Agreement, give notification to the Government of Ukraine that the Union has completed its internal procedures necessary for the entry into force of the renewed Agreement (3) and make the following notification to Ukraine:

      ‘As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to “the European Community” in the text of the Agreement are, where appropriate, to be read as “the European Union”.’

   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 9 March 2011.

            For the Council

            The President

         CSÉFALVAY Z.

      (1)  OJ L 36, 12.2.2003, p. 31.

      (2)  OJ L 267, 17.10.2003, p. 24.

      (3)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


title: 2014/664/EU: Council Decision of 15 September 2014 on the position to be adopted on behalf of the European Union within the Council of Members of the International Olive Council concerning the prolongation of the 2005 International Agreement on olive oil and table olives

text:
               17.9.2014

               EN

               Official Journal of the European Union

               L 275/6

         COUNCIL DECISION
   of 15 September 2014
   on the position to be adopted on behalf of the European Union within the Council of Members of the International Olive Council concerning the prolongation of the 2005 International Agreement on olive oil and table olives

      (2014/664/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207, in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The International Agreement on olive oil and table olives, 2005 (1) (the ‘Agreement’) will expire on 31 December 2014 unless the Council of Members of the International Olive Council (IOC) decides to prolong it in accordance with Article 47(1) and (2) of the Agreement.

               (2)

               On 19 November 2013, the Council authorised the Commission to open negotiations on behalf of the Union for the conclusion of a new international agreement on olive oil and table olives.

               (3)

               A new agreement is currently being discussed within the IOC. It is now certain that the deadline of 31 December 2014 for the conclusion of an agreement cannot be met. It is therefore in the Union's interest to ensure that the existing Agreement is prolonged.

               (4)

               Prolongation of the existing Agreement is separate from the negotiations concerning the conclusion of a new agreement. The Union should therefore request a one-year prolongation of the existing Agreement, and vote in favour of such prolongation if this were proposed to the Council of Members,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted on the Union's behalf, within the Council of Members of the International Olive Council, is to request a one-year prolongation of the existing Agreement on olive oil and table olives, and to vote in favour of the one-year prolongation of the 2005 International Agreement on olive oil and table olives if this were proposed to the Council of Members.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 15 September 2014.

            For the Council

            The President

         S. GOZI

      (1)  OJ L 302, 19.11.2005, p. 47.


title: Council Decision (CFSP) 2015/1521 of 14 September 2015 repealing Decision 2013/320/CFSP in support of physical security and stockpile management activities to reduce the risk of illicit trade in small arms and light weapons (SALW) and their ammunition in Libya and its region

text:
               15.9.2015

               EN

               Official Journal of the European Union

               L 239/142

         COUNCIL DECISION (CFSP) 2015/1521
   of 14 September 2015
   repealing Decision 2013/320/CFSP in support of physical security and stockpile management activities to reduce the risk of illicit trade in small arms and light weapons (SALW) and their ammunition in Libya and its region
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 26(2) and 31(1) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               Council Decision 2013/320/CFSP (1) provided that the Union is to pursue the promotion of peace and security in Libya and the broader region by supporting measures aimed at ensuring sound physical security and stockpile management of the Libyan weapons arsenals by the Libyan state institutions in order to reduce the risks posed to peace and security by the illicit spread and excessive accumulation of small arms and light weapons (SALW) and their ammunition, including the fostering of effective multilateralism at the regional level.

               (2)

               The deterioration of the political and security situation forced most diplomatic missions and international staff to leave Libya after the violent events of the summer of 2014.

               (3)

               The United Nations-led political dialogue has not yet resulted in a political settlement between the main fighting factions.

               (4)

               There is no clarity as to when the situation in Libya will improve to such an extent that international staff can once again safely operate in Libya.

               (5)

               Decision 2013/320/CFSP should therefore be repealed.

               (6)

               The Union wishes to reaffirm its strong political commitment to support the responsible Libyan authorities in reducing the risks posed by the illicit spread and excessive accumulation of SALW and their ammunition, as soon as conditions in Libya allow it,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2013/320/CFSP is repealed.
   Article 2
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 30 June 2015.

      Done at Brussels, 14 September 2015.

            For the Council

            The President

         J. ASSELBORN

      (1)  Council Decision 2013/320/CFSP of 24 June 2013 in support of physical security and stockpile management activities to reduce the risk of illicit trade in small arms and light weapons (SALW) and their ammunition in Libya and its region (OJ L 173, 26.6.2013, p. 54).


title: 2006/822/EC: Decision of the European Parliament of 27 April 2006 on the discharge for the implementation of the budget of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2004

text:
               6.12.2006

               EN

               Official Journal of the European Union

               L 340/69

      DECISION OF THE EUROPEAN PARLIAMENT

   of 27 April 2006
   on the discharge for the implementation of the budget of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2004
   (2006/822/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2004 (1),

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2004, together with the Foundation's replies (2),

               —

               having regard to the Council's recommendation of 14 March 2006 (5972/2006 — C6-0093/2006),

               —

               having regard to the EC Treaty, and in particular Article 276 thereof,

               —

               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 (3), and in particular Article 185 thereof,

               —

               having regard to Council Regulation (EEC) No 1365/75 of 26 May 1975 on the creation of a European Foundation for the Improvement of Living and Working Conditions (4), and in particular Article 16 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

               —

               having regard to Rule 71 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A6-0093/2006),

               1.

               Grants discharge to the Director of the European Foundation for the Improvement of Living and Working Conditions for the implementation of the Foundation's budget for the financial year 2004;

               2.

               Sets out its comments in the resolution below;

               3.

               Instructs its President to forward this decision and the resolution that forms an integral part of it to the Director of the European Foundation for the Improvement of Living and Working Conditions, the Council, the Commission and the Court of Auditors and to have them published in the Official Journal of the European Union (L series).

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ C 269, 28.10.2005, p. 40.

      (2)  OJ C 332, 28.12.2005, p. 82.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 139, 30.5.1975, p. 1. Regulation as last amended by Regulation (EC) No 1111/2005 (OJ L 184, 15.7.2005, p. 1).

      (5)  OJ L 357, 31.12.2002, p. 72. Regulation as amended by Regulation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3).


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31998D0585

98/585/Euratom: Council Decision of 13 October 1998 approving amendments to the Statutes of the Joint European Torus (JET), Joint Undertaking

Official Journal L 282 , 20/10/1998 P. 0065 - 0068

COUNCIL DECISION of 13 October 1998 approving amendments to the Statutes of the Joint European Torus (JET), Joint Undertaking (98/585/Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 50 thereof,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 Economic and Social Committee (3),Whereas, for the purpose of implementing the JET Project, the Council, by Decision 78/471/Euratom (4), established the Joint European Torus (JET), Joint Undertaking and adopted the Statutes thereof;Whereas Articles 4 and 8 of the JET Statutes should be amended following the judgment of the Court of First Instance of 12 December 1996 in Joined Cases T-177/94 and T-377/94, which found that the existing difference in treatment between two categories of JET staff was no longer justified on objective grounds;Whereas this amendment should allow the JET Council to adopt the necessary transitional measures, in particular concerning the abovementioned difference of treatment of Project Team staff assigned before 21 October 1998;Whereas the Forschungszentrum Jülich GmbH (KFA) has given notice of its withdrawal from the Joint Undertaking from 31 December 1997; whereas the Forschungszentrum Karlsruhe (FZK) has applied for membership of the Joint Undertaking from 1 January 1998; whereas the JET Council has approved this withdrawal from, and application for, membership of the Joint Undertaking and the amendments required thereby;Whereas, following the conclusion of a Contract of Association between Euratom and the Dublin City University (DCU), the Dublin City University is replacing Ireland as Member of the Joint Undertaking; whereas the Instituto de Cooperação Científica e Tecnológica Internacional (ICCTI) is replacing the Junta Nacional de Investigação Científica (JNICT) as Portuguese member of the Joint Undertaking. The JET Council has approved the amendments to the Statutes required by these changes;Whereas, following the accession of Austria to the European Union, the Österreichische Akademie der Wissenschaften (ÖAW) has applied for membership of the Joint Undertaking; whereas the JET Council has approved this application for membership of the Joint Undertaking and the amendments to the Statutes required thereby;Whereas the JET Council has approved another amendment to the Statutes required by the adoption of the new UK Companies Act 1985 and 1989,HAS DECIDED AS FOLLOWS:Article 1 The amendments to the Statutes of the Joint European Torus (JET), Joint Undertaking, annexed to this Decision, are hereby approved.Article 2 This Decision shall enter into force on the day following its publication in the Official Journal of the European Communities.Done at Luxembourg, 13 October 1998.For the CouncilThe PresidentC. EINEM(1) OJ C 108, 7. 4. 1998, p. 3.(2) Opinion delivered on 8 October 1998 (not yet published in the Official Journal).(3) OJ C 235, 27. 7. 1998, p. 63.(4) OJ L 151, 7. 6. 1978, p. 10. Decision as last amended by Decision 96/305/Euratom (OJ L 117, 14. 5. 1996, p. 9).ANNEX 1. Article 1.3 of the Statutes of the Joint European Torus (JET), Joint Undertaking shall be replaced by the following:'1.3. The Joint Undertaking shall have the following members:The European Atomic Energy Community (hereinafter referred to as "Euratom"),The Belgian State (hereinafter referred to as "Belgium"), acting for its own part (Laboratoire de physique des plasmas of the Ecole Royale Militaire - Laboratorium voor plasmaphysica van de Koninklijke Militaire School) and on behalf of the Université libre de Bruxelles (Service de physique statistique, plasmas et optique non linéaire de l'ULB) and of the Centre d'études de l'énergie nucléaire (CEN)/Studiecentrum voor Kernenergie (SCK),the Centro de Investigaciones Energéticas Medioambientales y Tecnológicas, Spain (hereinafter referred to as "Ciemat"),the commissariat à l'énergie atomique, France (hereinafter referred to as "CEA"),the Ente per le nuove tecnologie, l'energia e l'ambiente (hereinafter referred to as "ENEA" which since 1 January 1986, has represented all Italian activities falling within the Euratom Fusion Programme including that of the Consiglio nazionale delle ricerche, CNR),the Hellenic Republic (hereinafter referred to as "Greece"),the Forschungszentrum Karlsruhe, Germany (hereinafter referred to as "FZK"),the Forskningscenter Risø, Denmark, (hereinafter referred to as "Risø"),the Grand Duchy of Luxembourg (hereinafter referred to as "Luxembourg"),the Instituto de Cooperação Científica e Tecnológica Internacional, Portugal (hereinafter referred to as "ICCTI"),the Dublin City University, Ireland (hereinafter referred to as "DCU"),the Max-Planck-Gesellschaft zur Förderung der Wissenschaften e.V. - Institut für Plasmaphysik, Germany (hereinafter referred to as "IPP"),the Naturvetenskapliga forskningsrådet, Sweden (hereinafter referred to as "NFR"),the Swiss Confederation (hereinafter referred to as "Switzerland"),the Stichting voor Fundamenteel Onderzoek der Materie, the Nederlands (hereinafter referred to as "FOM"),the United Kingdom Atomic Energy Authority (hereinafter referred to as "the Authority" or "the Host Organisation"),the Teknologian Kehittämiskeskus, Finland (hereinafter referred to as "TEKES"),the Österreichische Akademie der Wissenschaften (hereinafter referred to as "ÖAW").`2. Articles 4.1.1 and 4.1.2 shall be replaced by the following:'4.1.1. The Members of the Joint Undertaking shall be represented in the JET Council as follows, the vote of each pair of representatives being weighted as indicated:>TABLE>4.1.2. For their adoption, acts of the JET Council shall require at least 31 votes in favour.`3. Article 4.2.2(d) shall be replaced by the following:'(d) nominate the Director and the senior staff of the Project and determine their period of secondment, approve the main structure of the Project Team and decide the procedures for the secondment and management of staff;`.4. Articles 8.1, 8.3, 8.4, 8.5 and 8.7 shall be replaced by the following:'8.1 The Project Team shall assist the Director of the Project in the performance of his duties. Its staff shall be fixed in the staff establishment as defined in the annual budget. It shall be composed of staff coming from the Members of the Joint Undertaking as provided for in Article 8.3.`'8.3 The Members of the Joint Undertaking having association contracts with Euratom, or limited duration contracts in the framework of the Euratom Fusion Programme in member States where there is no association (hereafter referred to as the Parent Organisation) shall make available to the Joint Undertaking qualified scientific, technical and administrative staff.8.4. Staff made available by Parent Organisations shall be seconded to the Joint Undertaking and shall:(a) remain throughout the period of secondment in the employment of their Parent Organisations on the terms and conditions of service of those Organisations;(b) be entitled, throughout the period of their secondment to an allowance as specified in the "Rules applicable to Secondment of Personnel from Parent Organisations to the Joint Undertaking", adopted by the JET Council under Article 8.5.8.5. The JET Council shall adopt the detailed procedures for the management of staff (including "Rules applicable to Secondment of Personnel from Parent Organisations to the Joint Undertaking"). It shall adopt the transitional provisions and shall take the necessary measures with regard to the project team assigned to the Joint Undertaking by the Commission and by the host organisation before the 21 October 1998.`'8.7. All staff expenditure, including reimbursement of staff expenditure incurred by the seconding Parent Organisations and expenditure related to staff assigned to the Joint Undertaking by the Commission and the host organisation prior to the entry into force of the above provisions, shall be borne by the Joint Undertaking.`5. Articles 8.8 and 8.9 shall be deleted.6. Article 22.2 shall be replaced by the following:'22.2 Without prejudice to the provisions of the third paragraph of Article 49 of the Euratom Treaty, for the avoidance of doubt, the Joint Undertaking shall not be regarded as a company within the meaning of the Companies Act 1985 and 1989 of the United Kingdom.`


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31987D0446

87/446/EEC: Commission Decision of 31 July 1987 amending Decision 74/441/EEC relating to the setting up of a Joint Committee on Social Problems in Sea Fishing

Official Journal L 240 , 22/08/1987 P. 0035 - 0036 Finnish special edition: Chapter 4 Volume 3 P. 0044  Swedish special edition: Chapter 4 Volume 3 P. 0044

*****COMMISSION  DECISION  (of 31 July 1987)  amending Decision 74/441/EEC relating to the setting up of a Joint Committee on Social Problems in Sea Fishing  (87/446/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Whereas the enlargement of the Community requires an increase in the number of representatives of European organizations in the Joint Committee on Social Problems in Sea Fishing,  Whereas the Commission must take account of the scientific situation in the various Member States in order to ensure optimum participation by the social partners of the sea fishing sector in the work of the Joint Committee and thus safeguard its representativeness of the socio-economic forces concerned;  HAS DECIDED AS FOLLOWS:  Article 1  Commission Decision 74/441/EEC (1), as amended by Commission Decision 83/53/EEC (2), is hereby amended as follows:  1. Article 4 is replaced by the following:  'Article 4  1. The Committee shall consist of 54 members.  2. Seats shall be allocated as follows:  (a) 27 to the representatives of the employers' organizations  (b) 27 to the representatives of the employees' organizations.  3. The members of the Committee shall be appointed by the Commission as follows:  (a) 48 on proposals from the following employers' and employees' organizations:  - Association of National Organizations of Fishing Enterprises in the EEC (Europêche) ans specialized Committee for Fishing Cooperatives in the EEC (COGECA): 24 members:  - Committee of Transport Workers' Unions in the European Community: 24 members.  (b) six, directly by the Commission, after consultation of the bodies mentioned in 3 (a) above; from amongst the most representative associations of employers and employees, where appropriate other than the bodies mentioned in 3 (a).'  2. Article 13 (3) and (4) is replaced by the following:  '3. A representative of the secretariat of each of the bodies mentioned in Article 4.3 (a) may attend the meetings of the Committee as observer.  4. The Commission may, after consulting the associations of employers and employees referred to in Article 4, paragraph 3 (a), invite organizations other than those referred to in Article 4, paragraph 3 to participate in the Committee's work as observers.'  Article 2  This Decision shall enter into force on 31 July 1987.  Done at Brussels, 31 July 1987.  For the Commission  Manuel MARÍN  Vice-President  (1) OJ No L 243, 5. 9. 1974, p. 19.  (2) OJ No L 44, 16. 2. 1983, p. 21.


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31980D0221

80/221/EEC: Council Decision of 18 February 1980 appointing two members and one alternate member of the Advisory Committee on Social Security for Migrant Workers

Official Journal L 049 , 23/02/1980 P. 0018

****( 1 ) OJ NO L 149 , 5 . 7 . 1971 , P . 2 .    COUNCIL DECISION   OF 18 FEBRUARY 1980   APPOINTING TWO MEMBERS AND ONE ALTERNATE MEMBER OF THE ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS  ( 80/221/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1408/71 OF 14 JUNE 1971 ON THE APPLICATION OF SOCIAL SECURITY SCHEMES TO EMPLOYED PERSONS AND THEIR FAMILIES MOVING WITHIN THE COMMUNITY ( 1 ), AND IN PARTICULAR ARTICLE 82 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 15 OCTOBER 1979 APPOINTING MEMBERS AND ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS FOR THE PERIOD ENDING 14 OCTOBER 1981 ,   WHEREAS THE COUNCIL DECIDED ON THAT OCCASION TO APPOINT AT A LATER DATE TWO PERSONS TO FILL FULL MEMBERS '  SEATS AND ONE PERSON TO FILL AN ALTERNATE MEMBER ' S SEAT ALLOCATED TO LUXEMBOURG NATIONALS IN THE TRADE UNION REPRESENTATIVES CATEGORY ;   HAVING REGARD TO THE NOMINATIONS SUBMITTED ON 4 FEBRUARY 1980 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR RENE PIZZAFERRI AND MR HENRI DUNKEL ARE HEREBY APPOINTED MEMBERS AND MR ALOISE GROBEN AN ALTERNATE MEMBER OF THE ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS FOR THE REMAINDER OF THE COMMITTEE ' S TERM OF OFFICE , WHICH RUNS UNTIL 14 OCTOBER 1981 .   DONE AT BRUSSELS , 18 FEBRUARY 1980 .   FOR THE COUNCIL   THE PRESIDENT   G . MARCORA


title: Council Decision 2005/728/JHA of 12 October 2005 fixing the date of application of certain provisions of Regulation (EC) No 871/2004 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism

text:
               19.10.2005

               EN

               Official Journal of the European Union

               L 273/26

      COUNCIL DECISION 2005/728/JHA
   of 12 October 2005
   fixing the date of application of certain provisions of Regulation (EC) No 871/2004 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EC) No 871/2004 of 29 April 2004 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (1), and in particular to Article 2(2) thereof,
   Whereas:

               (1)

               Regulation (EC) No 871/2004 specifies that the provisions of Article 1 of that Regulation shall apply from a date fixed by the Council, as soon as the necessary preconditions have been fulfilled, and that the Council may decide to fix different dates for the application of different provisions. Those preconditions have been fulfilled in respect of Article 1(6) of Regulation (EC) No 871/2004.

               (2)

               It is appropriate for Article 1(10) of Council Decision 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (2), which is identical to Article 1(6) of Regulation (EC) No 871/2004, to apply from the same date.

               (3)

               A separate Council Decision provides for the entry into force of Article 1(10) of Decision 2005/211/JHA.

               (4)

               As regards Switzerland, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement signed between the European Union, the European Community and the Swiss Confederation concerning the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis (3), which falls in the area referred to in Article 1, point G of Decision 1999/437/EC (4) read in conjunction with Article 4(1) of Council Decisions 2004/849/EC (5) and 2004/860/EC (6) of 25 October 2004 on the signing on behalf of the European Union, and on the signing on behalf of the European Community, and on the provisional application of certain provisions of that Agreement,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Article 1(6) of Regulation (EC) No 871/2004 shall apply from 1 January 2006.
   Article 2
   This Decision shall take effect on the date of its adoption. It shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 12 October 2005.

            For the Council

            The President

         C. CLARKE

      (1)  OJ L 162, 30.4.2004, p. 29.

      (2)  OJ L 68, 15.3.2005, p. 44.

      (3)  Council document 13054/04 accessible on http://register.consilium.eu.int

      (4)  OJ L 176, 10.7.1999, p. 31.

      (5)  OJ L 368, 15.12.2004, p. 26.

      (6)  OJ L 370, 17.12.2004, p. 78.


title: Council Decision 2009/88/CFSP of 22 December 2008 concerning the conclusion of the Agreement between the European Union and the Republic of Djibouti on the status of the European Union-led forces in the Republic of Djibouti in the framework of the EU military operation Atalanta

text:
               3.2.2009

               EN

               Official Journal of the European Union

               L 33/41

         COUNCIL DECISION 2009/88/CFSP
   of 22 December 2008
   concerning the conclusion of the Agreement between the European Union and the Republic of Djibouti on the status of the European Union-led forces in the Republic of Djibouti in the framework of the EU military operation Atalanta
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 24 thereof,
   Having regard to the recommendation from the Presidency,
   Whereas:

               (1)

               On 15 May 2008 the United Nations Security Council (UNSC) adopted Resolution 1814 (2008) calling on States and regional organisations to take action to protect shipping involved in the transport and delivery of humanitarian aid to Somalia and in activities authorised by the United Nations.

               (2)

               On 2 June 2008, the UNSC adopted Resolution 1816 (2008) authorising, for a period of six months from the date of that Resolution, States cooperating with the Transitional Federal Government of Somalia (TFG), to enter the territorial waters of Somalia and to use, in a manner consistent with relevant international law, all necessary means to repress acts of piracy and armed robbery at sea. These provisions were extended for an additional period of 12 months by UNSC Resolution 1846 (2008), adopted on 2 December 2008.

               (3)

               On 10 November 2008, the Council adopted Joint Action 2008/851/CFSP on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (1) (operation Atalanta).

               (4)

               Article 11 of that Joint Action provides that the status of the European Union-led forces and their personnel who are stationed on the land territory of third States, or operate in the territorial or internal waters of third States, shall be agreed in accordance with the procedure laid down in Article 24 of the Treaty. By letter dated 1 December 2008 sent to the Secretary-General/High Representative (SG/HR), the Government of the Republic of Djibouti stated its agreement to the deployment of a European force on its territory and its intention to conclude to that end an agreement on the status of the forces.

               (5)

               Following authorisation by the Council on 18 September 2007, in accordance with Article 24 of the Treaty, the Presidency, assisted by the SG/HR, negotiated an Agreement between the European Union and the Republic of Djibouti on the status of the European Union-led forces in the Republic of Djibouti.

               (6)

               That Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Union and the Republic of Djibouti on the status of the European Union-led forces in the Republic of Djibouti in the framework of the EU military operation Atalanta is hereby approved on behalf of the European Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the European Union.
   Article 3
   This Decision shall take effect on the day of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 22 December 2008.

            For the Council

            The President

         B. KOUCHNER

      (1)  OJ L 301, 12.11.2008, p. 33.
    ---documentbreak---

               3.2.2009

               EN

               Official Journal of the European Union

               L 33/43

         TRANSLATION
   AGREEMENT
   between the European Union and the Republic of Djibouti on the status of the European Union-led forces in the Republic of Djibouti in the framework of the EU military operation Atalanta
   THE EUROPEAN UNION (EU),
   of the one part, and
   THE REPUBLIC OF DJIBOUTI, hereinafter referred to as ‘the Host State’,
   of the other part,
   Together hereinafter referred to as the ‘Parties’,
   Concerned by the upsurge in piracy and armed robbery against vessels transporting humanitarian aid and vessels sailing off the Somali coast,
   TAKING INTO ACCOUNT:
   United Nations (UN) Security Council Resolutions 1814 (2008), 1838 (2008) and 1846 (2008),
   the letter from the Republic of Djibouti dated 1 December 2008 accepting in particular the presence of members of the EU naval force on its territory,
   Joint Action 2008/851/CFSP of the Council of the European Union of 10 November 2008 on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (operation Atalanta),
   that this Agreement will not affect the Parties’ rights and obligations under international agreements and other instruments establishing international courts and tribunals, including the Statute of the International Criminal Court,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Scope and definitions
   1.   This Agreement shall apply to the European Union-led forces and to their personnel.
   2.   This Agreement shall apply only within the territory of the Host State, including its internal waters, territorial sea and airspace.
   3.   For the purpose of this Agreement:

               (a)

               ‘European Union-led forces (EUNAVFOR)’ shall mean EU military headquarters and national contingents contributing to the operation, their vessels, their aircraft, their equipment and their means of transport;

               (b)

               ‘operation’ shall mean the preparation, establishment, execution and support of the military mission further to the mandate arising out of UN Security Council Resolutions 1814 (2008) and 1816 (2008) and any subsequent relevant UN Security Council Resolutions and the UN Convention on the Law of the Sea signed on 10 December 1982;

               (c)

               ‘Operation Commander’ shall mean the Commander of the Operation;

               (d)

               ‘EU Force Commander’ shall mean the Commander in the theatre of operations;

               (e)

               ‘EU military headquarters’ shall mean the military headquarters and elements thereof, whatever their location, under the authority of EU military commanders exercising the military command or control of the operation;

               (f)

               ‘national contingents’ shall mean units, vessels, aircraft and elements, in particular protection detachments and embarked military forces on board merchant vessels, belonging to the Member States of the European Union and to other States participating in the operation;

               (g)

               ‘EUNAVFOR personnel’ shall mean the civilian and military personnel assigned to EUNAVFOR as well as personnel deployed for the preparation of the operation, personnel on mission and police personnel escorting persons arrested by EUNAVFOR, for a Sending State or an EU institution in the framework of the operation, present, except as otherwise provided in this Agreement, within the territory of the Host State, with the exception of personnel employed locally and personnel employed by international commercial contractors;

               (h)

               ‘personnel employed locally’ shall mean personnel who are nationals of or permanently resident in the Host State;

               (i)

               ‘facilities’ shall mean all premises, accommodation and land required for EUNAVFOR and EUNAVFOR personnel;

               (j)

               ‘Sending State’ shall mean a State providing a national contingent for EUNAVFOR;

               (k)

               ‘waters’ shall mean the internal waters and territorial sea of the Host State and the airspace above those waters;

               (l)

               ‘official correspondence’ shall mean all correspondence relating to the operation and its functions.

         Article 2
   General provisions
   1.   EUNAVFOR and EUNAVFOR personnel shall respect the laws and regulations of the Host State and shall refrain from any action or activity incompatible with the objectives of the operation.
   2.   EUNAVFOR shall inform the government of the Host State, in advance and on a regular basis, of the number of EUNAVFOR personnel transiting through or stationed within the Host State’s territory and of the identity of the vessels, aircraft and units operating in the waters of the Host State or making calls to its ports.
   Article 3
   Identification
   1.   EUNAVFOR personnel present on the land territory of the Host State must carry passports or military identity cards with them at all times.
   2.   EUNAVFOR vehicles, aircraft, vessels and other means of transport shall carry distinctive EUNAVFOR identification markings and/or registration plates, of which the relevant Host State authorities shall be notified in advance.
   3.   EUNAVFOR shall have the right to display the flag of the European Union and markings such as military insignia, titles and official symbols on its facilities, vehicles and other means of transport. The uniforms of EUNAVFOR personnel shall carry a distinctive EUNAVFOR emblem. National flags or insignia of the constituent national contingents of the operation may be displayed on EUNAVFOR facilities, vehicles and other means of transport and uniforms, as decided by the EU Force Commander.
   Article 4
   Border crossing and movement within the Host State’s territory
   1.   EUNAVFOR personnel shall enter the Host State’s territory only on presentation of a valid passport and, in the case of first entry, except for the crews of EUNAVFOR vessels and aircraft, of an individual or collective movement order issued by EUNAVFOR. They shall be exempt from immigration inspections and customs control on entering, leaving or within the Host State’s territory. The crews of EUNAVFOR vessels and aircraft shall be exempt from visa regulations.
   2.   EUNAVFOR personnel shall be exempt from the Host State’s regulations on the registration and control of aliens, but shall not acquire any right to permanent residence or domicile within the Host State’s territory.
   3.   The Host State shall be provided, for information purposes, with a general list of EUNAVFOR assets entering its territory. These assets shall carry EUNAVFOR identification markings. EUNAVFOR shall be exempt from any requirement to produce other customs documentation, and from any inspection.
   4.   EUNAVFOR personnel may drive motor vehicles, navigate vessels and operate aircraft within the Host State’s territory provided they have valid national, international or military driving licences, ship master’s certificates or pilot licences, as appropriate, issued by one of the Sending States.
   5.   For the purpose of the operation, the Host State shall grant EUNAVFOR and EUNAVFOR personnel freedom of movement and freedom to travel within its territory, including its waters and air space. Freedom of movement within the territorial sea of the Host State shall include stopping and anchoring.
   6.   For the purpose of the operation, EUNAVFOR may carry out, within the Host State’s waters, the launching, landing or taking on board of any aircraft or military device.
   7.   For the purpose of the operation, EUNAVFOR and the means of transport that it charters may use public roads, bridges, ferries, airports and ports without the payment of taxes and similar charges. EUNAVFOR shall not be exempt from charges for services requested and received.
   Article 5
   Privileges and immunities of EUNAVFOR granted by the Host State
   1.   EUNAVFOR’s facilities, vessels and aircraft shall be inviolable. However, the Host State’s agents shall be allowed to enter them with the consent of the EU Force Commander.
   2.   EUNAVFOR, its property and assets, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process.
   3.   EUNAVFOR’s facilities, their furnishings and other assets therein as well as its means of transport shall be immune from search, requisition, attachment or execution.
   4.   EUNAVFOR’s archives and documents shall be inviolable at any time, wherever they may be.
   5.   The official correspondence of EUNAVFOR shall be inviolable.
   6.   The Host State shall permit the entry of articles for the operation and grant them exemption from all custom duties, taxes and similar charges other than charges for storage, cartage and other services rendered.
   7.   In respect of purchased and imported goods, services provided and facilities used by EUNAVFOR for the purposes of the operation, EUNAVFOR shall be exempt from all national, regional and communal dues, taxes and charges of a similar nature. EUNAVFOR shall not be exempt from fees or other charges that represent payment for services rendered.
   Article 6
   Privileges and immunities of EUNAVFOR personnel granted by the Host State
   1.   EUNAVFOR personnel shall not be liable to any form of arrest or detention. Should a police authority of the Host State observe an offence in the act of being committed on a public thoroughfare, it shall be allowed, where the offender has violated the physical integrity of a Host State national, to detain him in order to ensure his protection pending the arrival of the competent EUNAVFOR authorities.
   2.   Papers, correspondence and property of EUNAVFOR personnel shall enjoy inviolability, except in case of measures of execution which are permitted pursuant to paragraph 6.
   3.   EUNAVFOR personnel shall enjoy immunity from the criminal jurisdiction of the Host State.
   The immunity from criminal jurisdiction of EUNAVFOR personnel may be waived by the Sending State or EU institution concerned, as the case may be. Such waiver must always be in writing.
   4.   EUNAVFOR personnel shall enjoy immunity from the civil and administrative jurisdiction of the Host State in respect of words spoken or written and all acts performed by them in the exercise of their official functions.
   If any civil proceeding is instituted against EUNAVFOR personnel before any Host State court, the EU Force Commander and the competent authority of the Sending State or EU institution concerned shall be notified immediately. Prior to initiation of the proceeding before the court, the EU Force Commander and the competent authority of the Sending State or EU institution concerned shall certify to the court whether the act in question was committed by EUNAVFOR personnel in the exercise of their official functions.
   If the act was committed in the exercise of official functions, the proceeding shall not be initiated and the provisions of Article 15 shall apply. If the act was not committed in the exercise of official functions, the proceeding may continue. The Host State shall ensure that the court recognises the certification by the EU Force Commander and the competent authority of the Sending State or EU institution concerned.
   The initiation of a civil proceeding by EUNAVFOR personnel shall preclude them from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim.
   5.   EUNAVFOR personnel are not obliged to give evidence as witnesses.
   6.   No measures of execution may be taken in respect of EUNAVFOR personnel, except in the case where a civil proceeding not related to their official functions is instituted against them. Property of EUNAVFOR personnel which is certified by the EU Force Commander to be necessary for the fulfilment of their official functions shall be free from seizure for the satisfaction of a judgement, decision or order. In civil proceedings EUNAVFOR personnel shall not be subject to any restrictions on their personal liberty or to any other measures of constraint.
   7.   The immunity of EUNAVFOR personnel from the jurisdiction of the Host State does not exempt them from the jurisdictions of the respective Sending States.
   8.   EUNAVFOR personnel shall be exempt from any form of taxation in the Host State on the salary and emoluments paid to them by EUNAVFOR or the Sending States, as well as on any income received from outside the Host State.
   9.   The Host State shall, in accordance with such laws and regulations as it may adopt, permit entry of and grant exemption from all customs duties, taxes, and related charges other than charges for storage, cartage and similar services, on articles for the personal use of EUNAVFOR personnel.
   The personal baggage of EUNAVFOR personnel shall be exempt from inspection, unless there are serious grounds for presuming that it contains articles that are not for the personal use of EUNAVFOR personnel, or articles the import or export of which is prohibited by the law or controlled by the quarantine regulations of the Host State. Such inspection shall be conducted only in the presence of the EUNAVFOR personnel concerned or of an authorised representative of EUNAVFOR.
   Article 7
   Personnel employed locally
   Personnel employed locally shall enjoy no privileges or immunities. However, the Host State shall exercise its jurisdiction over that personnel in such a manner as not to interfere unduly with the performance of the functions of the operation.
   Article 8
   Criminal jurisdiction
   The competent authorities of a Sending State shall have the right to exercise on the territory of the Host State, in cooperation with the Host State’s competent authorities, all the criminal jurisdiction and disciplinary powers conferred on them by the law of the Sending State with regard to all EUNAVFOR personnel subject to the relevant law of the Sending State.
   Article 9
   Uniform and arms
   1.   The wearing of uniform shall be subject to rules adopted by the EU Force Commander.
   2.   For the purpose of the operation, EUNAVFOR military personnel, and the police personnel escorting persons arrested by EUNAVFOR, may carry or transport arms and ammunition on condition that they are authorised to do so by virtue of their orders.
   Article 10
   Host State support and contracting
   1.   The Host State agrees, if requested, to assist EUNAVFOR in finding suitable facilities.
   2.   Within its means and capabilities, the Host State shall assist in the preparation, establishment, and execution of and support for the operation.
   3.   The law applicable to contracts concluded by EUNAVFOR in the Host State shall be determined by the contract.
   4.   The contract may stipulate that the dispute settlement procedure referred to in Article 15(3) and (4) shall be applicable to disputes arising from the application of the contract.
   5.   The Host State shall facilitate the implementation of contracts concluded by EUNAVFOR with commercial entities for the purposes of the operation.
   Article 11
   Change to facilities
   EUNAVFOR shall be authorised to construct, alter or otherwise modify facilities as requested for its operational requirements, with prior permission of the Host State.
   Article 12
   Deceased EUNAVFOR personnel
   1.   The EU Force Commander shall have the right to take charge of and make suitable arrangements for the repatriation of any deceased EUNAVFOR personnel, as well as that of their personal property.
   2.   No autopsy shall be performed on any deceased member of EUNAVFOR without the agreement of the State concerned and the presence of a representative of EUNAVFOR and/or the State concerned.
   3.   The Host State and EUNAVFOR shall cooperate to the fullest extent possible with a view to early repatriation of deceased EUNAVFOR personnel.
   Article 13
   Security of EUNAVFOR and military police
   1.   The Host State shall take all appropriate measures to ensure the safety and security of EUNAVFOR and its personnel outside their facilities.
   2.   EUNAVFOR shall be authorised, on the land territory of the Host State and its internal waters, to take the measures necessary to protect its facilities, vessels and aircraft, as well as the vessels that it protects, against any external attack or intrusion, in cooperation with the Host State’s competent authorities.
   3.   The EU Force Commander may establish a military police unit in order to maintain order in EUNAVFOR facilities.
   4.   The military police unit may also, in consultation and cooperation with the military police or the police of the Host State, act outside those facilities to ensure the maintenance of good order and discipline among EUNAVFOR personnel.
   5.   EUNAVFOR personnel transiting through the territory of Djibouti to escort persons arrested by EUNAVFOR shall be authorised to apply the necessary measures of restraint with respect to these persons.
   Article 14
   Communications
   1.   EUNAVFOR may install and operate radio sending and receiving stations, as well as satellite systems. It shall cooperate with the Host State’s competent authorities with a view to avoiding conflicts in the use of appropriate frequencies. The Host State shall grant access to the frequency spectrum in accordance with its legislation in force.
   2.   EUNAVFOR shall enjoy the right to unrestricted communication by radio (including satellite, mobile and hand-held radio), telephone, telegraph, facsimile and other means, as well as the right to install the equipment necessary for the maintenance of such communications within and between EUNAVFOR facilities, including the laying of cables and land lines for the purpose of the operation.
   3.   Within its own facilities EUNAVFOR may make the arrangements necessary for the conveyance of mail addressed to and from EUNAVFOR and/or EUNAVFOR personnel.
   4.   The implementing arrangements for this article shall be agreed with the competent authorities of the Host State.
   Article 15
   Claims for death, injury, damage and loss
   1.   Claims for damage to or loss of civilian or government property, as well as claims for death of or injury to persons and for damage to or loss of EUNAVFOR property, shall be settled by amicable agreement.
   2.   These claims shall be forwarded to EUNAVFOR via the competent authorities of the Host State, as far as claims brought by legal or natural persons from the Host State are concerned, or to the competent authorities of the Host State, as far claims brought by EUNAVFOR are concerned.
   3.   Where no amicable settlement can be found, the claim shall be submitted to a claims commission composed on an equal basis of representatives of EUNAVFOR and representatives of the Host State. Settlement of claims shall be reached by common agreement.
   4.   Where no settlement can be reached within the claims commission, the dispute shall:

               (a)

               for claims up to and including EUR 80 000, be settled by diplomatic means between the Host State and EU representatives;

               (b)

               for claims above the amount referred to in point (a), be submitted to an arbitration tribunal, the decisions of which shall be binding.

         5.   The arbitration tribunal shall be composed of three arbitrators, one arbitrator being appointed by the Host State, one arbitrator being appointed by EUNAVFOR and the third one being appointed jointly by the Host State and EUNAVFOR. Where one of the parties does not appoint an arbitrator within two months or where no agreement can be found between the Host State and EUNAVFOR on the appointment of the third arbitrator, the arbitrator in question shall be appointed by the President of the Supreme Court of the Republic of Djibouti.
   6.   An administrative arrangement shall be concluded between EUNAVFOR and the administrative authorities of the Host State in order to determine the terms of reference of the claims commission and the tribunal, the procedure applicable within these bodies and the conditions under which claims are to be lodged.
   Article 16
   Liaison and disputes
   1.   All issues arising in connection with the application of this Agreement shall be examined jointly by the representatives of EUNAVFOR and the Host State’s competent authorities.
   2.   Failing any prior settlement, disputes concerning the interpretation or application of this Agreement shall be settled exclusively by diplomatic means between the Host State and the EU representatives.
   Article 17
   Other provisions
   1.   Whenever this Agreement refers to the privileges, immunities and rights of EUNAVFOR and of EUNAVFOR personnel, the government of the Host State shall be responsible for their implementation and for compliance with them on the part of the appropriate Host State local authorities.
   2.   Nothing in this Agreement is intended or may be construed to derogate from any rights that may attach to an EU Member State or to any other State contributing to EUNAVFOR under other agreements.
   Article 18
   Implementing arrangements
   For purposes of the application of this Agreement, operational, administrative, financial and technical matters may be the subject of separate arrangements to be concluded between the EU Force Commander and the Host State’s administrative authorities.
   Article 19
   Entry into force and termination
   1.   This Agreement shall enter into force on the day on which it is signed and shall remain in force for a period of twelve months. It shall subsequently be renewed tacitly for successive periods of three months. Each Party shall give the other at least one month’s notice of its intention not to renew the Agreement.
   2.   Notwithstanding paragraph 1, the provisions contained in Articles 4(7), 5(1), (2) and (3), 5(6) and (7), 6(1), 6(3) and (4), 6(6), 6(8) and (9) and Articles 11 and 15 shall be deemed to have applied from the date on which the first EUNAVFOR personnel were deployed if that date was earlier than the date of entry into force of this Agreement.
   3.   This Agreement may be amended by written agreement between the Parties.
   4.   Termination of this Agreement shall not affect any rights or obligations arising out of the execution of this Agreement before such termination.

      Done at Djibouti, 5 January 2009, in two originals in the French language.

            For the European Union

            For the Host State


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32002D0055

2002/55/EC: Council Decision of 21 January 2002 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of South Africa on trade in wine

Official Journal L 028 , 30/01/2002 P. 0133 - 0133

Council Decisionof 21 January 2002on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of South Africa on trade in wine(2002/55/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,Having regard to the proposal of the Commission,Whereas:(1) The Council decided by Decision 1999/753/EC(1) that the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part(2), hereinafter referred to as "the TDC Agreement", would enter into force provisionally on 1 January 2000.(2) Annex X to the TDC Agreement contains an Exchange of Letters between the European Community and the Republic of South Africa, which provides for an annual duty-free tariff quota of 32 million litres of South African wine imported in bottles. This tariff quota is included in list 6 of Annex IV to the TDC Agreement.(3) The Commission, on behalf of the Community, has negotiated with the Republic of South Africa an Agreement on trade in wine.(4) The conclusions of these negotiations call for an adjustment of the tariff quota mentioned in the TDC Agreement.(5) The Agreement in the form of an Exchange of Letters should therefore be approved,HAS DECIDED AS FOLLOWS:Article 1The Agreement in the form of an Exchange of Letters between the European Community and the Republic of South Africa on trade in wine is hereby approved on behalf of the Community.The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.Article 2The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Community.Done at Brussels, 21 January 2002.For the CouncilThe PresidentM. Arias Cañete(1) OJ L 311, 4.12.1999, p. 1.(2) OJ L 311, 4.12.1999, p. 3.


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31995D0418

95/418/EC: Commission Decision of 26 July 1995 accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of ferro-silico-manganese originating in Russia, Georgia, Ukraine, Brazil and South Africa and terminating the proceeding against Georgia

Official Journal L 248 , 14/10/1995 P. 0056 - 0057

COMMISSION DECISION of 26 July 1995 accepting undertakings offered in  connection with the anti-dumping proceeding concerning imports of ferro-silico-manganese  originating in Russia, Georgia, Ukraine, Brazil and South Africa and terminating the proceeding  against Georgia (95/418/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 3283/94 of 22 December 1994 on protection against  dumped imports from countries not members of the European Community  (1), as last amended by  Regulation (EC) No 1251/95  (2), and in particular Article 23 thereof, Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988  (3) on protection against  dumped imports from countries not members of the European Economic Community, as last amended by  Regulation (EC) No 522/94  (4), and in particular Articles 9 and 10 thereof, After consulting the Advisory Committee, Whereas: (1)  The Commission, by Regulation (EC) No 3119/94  (5) (hereinafter referred to as the  'provisional duty Regulation`), imposed a provisional anti-dumping duty on imports into the  Community of ferro-silico-manganese (FeSiMn) originating in Russia, Ukraine, Brazil and South  Africa and falling within CN code 7202  30  00. No provisional anti-dumping duty was imposed on  imports of the product concerned originating in Georgia. By Regulation (EC) No 866/95  (6), the  Council extended the validity of the duty for a period not exceeding two months. (2)  In the subsequent procedure, it was established that definitive anti-dumping measures should  be taken in order to eliminate injurious dumping. The findings and conclusions on all aspects of  the investigation are set out in Council Regulation (EC) No 2413/95  (7). (3)  Having been informed of these conclusions, the Ukrainian authorities, in conjunction with two  Ukrainian exporters, and the two South African exporters, offered undertakings to the Commission  with regard to the import prices in the Community pursuant to Article 10 of Regulation (EEC) No  2423/88. (4)  The minimum prices set out in the undertakings for exports to the Community are at a level  sufficient to eliminate injurious dumping. (5)  In addition, since the Ukrainian authorities, the two Ukrainian exporting companies and the  two South African exporters have undertaken to submit detailed and regular sales information to the  Commission and not to enter into direct or indirect compensatory arrangements with their customers  and since exports from both countries have been made through a limited number of purchasers, it has  been concluded that the correct observance of the undertakings can effectively be monitored by the  Commission. (6)  As far as Ukraine in concerned, the Government, implementing two Presidential decrees, dated  August and November 1994, set up an Interministerial Commission on anti-dumping investigations of  goods originating in Ukraine, in order to prevent the export of Ukrainian goods at dumped prices.  In this framework the Ukrainian Government will operate an export licensing system for the duration  of the undertakings which will ensure that all imports into the Community benefiting from the  exemption of the obligation to pay anti-dumping duties subsequent to the undertakings, have  Ukrainian origin, have been produced, will be exported and invoiced directly by the exporters  concerned to first unrelated buyers in the Community at prices not below the minimum price laid  down in the undertakings. Any intended exports of the product by the exporters subject to the  undertakings from the territory of Ukraine to the Community, whether directly or indirectly, which  do not meet these criteria, will not receive an export licence. (7)  One South African exporter sells a part of its exports to the Community through a related  importer in the Community. The undertaking provides for sales by the related importer to be  incorporated in the minimum price mechanism and monitoring procedure. (8)  Under these circumstances, the undertakings offered by the Ukrainian authorities, in  conjunction with two Ukrainian exporters, and by the two South African exporters are considered  acceptable and the investigation can, therefore, be terminated with respect to the Ukrainian and  South African exporters concerned. Where there is reason to believe that an undertaking is being  infringed, a provisional duty may be imposed pursuant to Articles 7 and 8 (10) of Regulation (EC)  No 3283/94 and, should the conditions of Article 8 (9) of the Regulation be met, a definitive  anti-dumping duty will be imposed. (9)  As far as imports of FeSiMn originating in Georgia are concerned, the investigation confirmed  the findings reported in the provisional duty Regulation, that imports of FeSiMn from Georgia were  de minimis and, therefore, did not cause injury to the Community industry. Such a finding has not  been contested by either the Community industry or the other exporters. Consequently, the  proceeding should be terminated with respect to imports of FeSiMn originating in Georgia. (10)  When the Advisory Committee was consulted on the acceptance of the undertakings offered some  objections were raised. Therefore, in accordance with Articles 9 (1) and 10 (1) of Regulation (EEC)  No 2423/88, the Commission sent a report to the Council on the result of the consultations and a  proposal for the acceptance of the undertakings. As the Council has not decided otherwise within  one month, this Decision should be adopted. No objections were raised concerning the termination of  the proceecing with relation to Georgia, HAS DECIDED AS FOLLOWS: Article 1 The undertakings offered by the Ukrainian authorities in conjunction  with Nikopol Ferro Alloy Plant and Zaporozhye Ferro Alloy Plant, Ukraine and by Highveld Steel and  Vanadium Corporation Limited and Samancor Limited, South Africa, in connection with the  anti-dumping proceeding concerning imports of Ferro-Silico-Manganese originating in Russia,  Ukraine, Georgia, Brazil and South Africa and falling within CN code 7202  30  00 are hereby  accepted. The investigation in respect of these exporters is hereby terminated. Article 2 The proceeding concerning imports of ferro-silico-manganese originating in Georgia is  hereby terminated. Done at Brussels, 26 July 1995. For the Commission Leon BRITTAN Vice-President