Avis juridique important

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31990D0241

90/241/EEC: Commission Decision of 22 May 1990 accepting undertakings given in connection with the anti-dumping proceeding concerning imports of photo albums originating in South Korea and Hong Kong, and terminating the investigation

Official Journal L 138 , 31/05/1990 P. 0048 - 0055

*****COMMISSION  DECISION  of 22 May 1990  accepting undertakings given in connection with the anti-dumping proceeding concerning imports of photo albums originating in South Korea and Hong Kong, and terminating the investigation  (90/241/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1) and in particular Article 10 thereof,  After consultations within the Advisory Committee as provided for in the above Regulation,  Whereas:  A. PROCEDURE  (1) In September 1988 the Commission received a complaint lodged by the Committee of European Photo Album Manufacturers (Cepam) on behalf of producers representing the majority of Community production of the photo albums concerned. The complaint contained evidence of dumping of the product concerned originating in South Korea and Hong Kong and of material injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding. The Commission accordingly announced, by a notice in the Official Journal of the European Communities (2), the initiation of an anti-dumping proceeding concerning imports into the Community of photo albums falling within CN codes ex 4820 50 00, ex 3919 90 10 and ex 3926 90 91, originating in South Korea and Hong Kong and subsequently commenced an investigation.  (2) The Commission officially so advised the exporters and importers known to be concerned, the representatives of the exporting countries and the complainants and gave the parties concerned the opportunity to make known their views in writing and to request a hearing.  All exporters concerned had the opportunity to exercise their right provided for in Article 7 (4) of Regulation (EEC) No 2423/88 and have partially done so.  (3) Some of the South Korean exporters and the only known Hong Kong exporter made their views known in writing. The Korean Stationery Industry Cooperative (a division of the Federation of Small and Medium Industries of Korea) prepared a separate submission on behalf of all photo album manufacturers in Korea. The Hong Kong Government Office in Brussels made representations on behalf of the Hong Kong exporters in writing and had an opportunity to inspect the information made available to the Commission and to comment thereon. Some importers, dealers and organizations representing Community purchasers and all complainant Community producers submitted a detailed response to the Commission's questionnaire. A considerable number of submissions from dealers and importers were made outside the time limit (Article 7 (7) (b) of Regulation (EEC) No 2423/88) but the Commission was still able to take them into account.  Some of the South Korean exporters, the Korean Stationery Industry Cooperative, the representatives of the Hong Kong Government, some importers and the complainants have requested and have been granted hearings.  (4) The Commission sought and verified all information it deemed necessary for the purpose of establishing the facts and carried out investigations at the following premises:  EEC producers:  - Walter Aulfes GmbH, Germany,  - Ludwig Fleischmann GmbH & Co KG, Germany,  - Henzo BV, The Netherlands,  - Holson GmbH, Germany,  - Karl Walter GmbH & Co KG, Germany.  These Community producers are all members of Cepam.  South Korean exporters:  - Dong In Industrial Co. Ltd, Seoul,  - Young Stationery Ltd, Seoul,  - The More Stationery Ltd, Seoul.  These exporters are members of the Korean Stationery Industry Cooperative.  Importers in the Community:  - Porst AG, Germany,  - Rheita-Krautkraemer GmbH, Germany,  - KLS Service - Non-Food-Vertriebsgesellschaft GmbH, Germany,  - Web International Ltd, United Kingdom.  The Commission requested and received detailed written submissions from the complainant Community producers, the abovementioned exporters and a number of importers, and verified the information therein to the extent considered necessary.  Because of the large number of interested parties involved, the number of hearings which had to be granted and the extension of time limits requested by all exporters, the time for completion of the investigation exceeded a 12-month period.  (5) The investigation of dumping covered the period from 1 December 1987 to 30 November 1988 (investigation period).  B. PRODUCT UNDER CONSIDERATION, LIKE PRODUCT AND COMMUNITY INDUSTRY  1. Product under consideration  (6) The product concerned is defined in the notice of initiation of the anti-dumping proceeding and is referred to as photo albums.  (7) The investigation showed that photo albums are actually supplied in three different types or categories:  - category 1: traditional photo albums,  - category 2: self-adhesive photo albums,  - category 3: flip-up albums, slip-in albums and similar types of photo albums.  (8) The first category of traditional albums are book-bound or post-bound consisting of cardboard leaves and pergamyn interleaves.  (9) The second category of self-adhesive albums are book-bound, spiral-bound or post-bound with self-adhesive leaves consisting of cardboard with a glue layer and a transparent foil. Self-adhesive filler pages for photo albums, loose or in form of book blocks, also fall into this category.  (10) The third category of flip-up, slip-in and similar albums are photo albums with different bindings (spiral binding, ring spring-clip, post binding or similar bindings). These photo albums can be identified because photos can be stuck in prefabricated transparent foil pockets. The block of this type of photo album is partly high-frequency welded and partly produced on paper basis with glued-on transparent foil. The pockets of flip albums have to be arranged in an overlapping order.  (11) The products concerned in the investigation fall within the following CN codes:  - categories 1, 2 and 3: ex 4820 50 00  - categories 2 and 3: ex 3926 90 91  - category 3: ex 3919 90 10.  The classification of categories 2 and 3 under CN codes ex 4820 50 00 or ex 3926 90 91 and ex 3919 90 10 depends on the degree of plastic material used and contained in the finished product.  2. Like product and Community industry  (12) The Commission established that the photo albums produced and sold in Hong Kong and Korea, those exported to the Community from these countries and the photo albums produced in the Community are like products within the meaning of Article 2 (12) of Regulation (EEC) No 2423/88. The great variety in design, format, materials used and binding procedures does not change the basic physical characteristics of the products under consideration to the extent that clear definitive lines exist between the various types of albums.  (13) Certain exporters contested this view of the Commission and claimed that the photo albums which are the subject of the investigation consist of three different products and have requested that a clear distinction should be made between the three categories of photo albums because they do not have the same characteristics and should therefore not be considered as like products.  The reasons advanced are that traditional albums, self-adhesive albums and flip-up or slip-in albums have different physical characteristics with regard to materials used, the binding procedure, sizes and design. It was further claimed that certain manufacturing procedures are different according to the album type and that because of relatively stable consumer preferences the interchangeability of the different album types is rather low. (14) The arguments advanced in the Commission's opinion are not sufficient to allow the segregation of the market for photo albums into three separate segments of different products which would require, as claimed by the exporters, a division of the Community industry into three different sectors.  In the Commission's opinion the photo albums under consideration are like products because irrespective of differences in materials used, in design and sizes they have closely resembling characteristics, are products of the same general category and have a unique use, i.e. to file photos on sheets or in pockets bound together in a cover which cannot be substituted by any other similar product. There is no doubt that all photo albums under consideration are interchangeable for this purpose. In this context, it is not relevant that some consumers show preferences for one and other consumers for other types of albums. Suppliers are thus obliged to offer the whole range of products in an adequate design in order to cover the whole consumer market for photo albums.  (15) In conclusion the Commission considers that the photo albums under consideration are like products which constitute a clearly identifiable market on which the dumped imports compete with each other and the Community products. The term Community industry is accordingly interpreted by the Commission as referring to the complainant companies producing and marketing the like product in the Community. The Commission has verified that the Community producers on behalf of which the complaint was lodged represent about 80 % of the total Community output of the like product.  (16) The Commission also had to consider that some of the complaining Community producers had imported substantial quantities of the dumped products themselves during the reference period and had to assess whether the definition of the Community industry concerned should be restricted only to the remainder of the Community producers who had not imported the photo albums in question themselves.  (17) The Commission's investigation revealed that the imports of photo albums by certain Community producers mainly concerned the lower-end product lines of cheap albums of the self-adhesive and flip or slip-album types which were imported into the Community from Hong Kong and Korea at dumped prices which were considerably lower than the cost of production of the Community producers in question. It was also found that the products in question have not been resold in the Community by the producers concerned at prices by which they did unduly benefit from the dumped imports. Under these circumstances the Commission is of the opinion that it was therefore not unreasonable for the Community producers concerned to import the dumped goods in order to protect themselves against dumped sales by other importers and to minimize their financial losses and maintain their market share.  (18) This situation also confirms that all types of photo albums belong to an inseparable market requiring a supplier to offer the whole product range. Therefore, the lower-end products were still manufactured in the Community although at a sharply reduced level and sold at loss-making prices because of the price depression caused by the dumped imports from South Korea and Hong Kong.  (19) The Commission is therefore of the opinion that these imports were made in order to defend the complainants' own market position against low-price offers from South Korea and Hong Kong and that there is no justification to exclude the complainants as Community producers in the meaning of Article 4 (5) of Regulation (EEC) No 2423/88.  C. NORMAL VALUE  1. South Korea  (20) The photo albums sold on the South Korean domestic market differ somewhat in size, outfit and appearance and thus did not permit a proper comparison with those exported to the EEC. The production is made to specific order and the material, size, design etc. differ considerably for each order and customer. In addition the Korean domestic market requires a more sophisticated type of album that includes special equipment, e.g. cases, sticker pads, registers, more expensive cover material etc. This kind of outfit accounts for considerable extra costs for the domestic models. Therefore, instead of making rather imprecise adjustments to the domestic sales prices, it was decided to construct normal value on the basis of cost of production of the products exported to the Community. Normal value was established for every individual model and for every export contract separately, on a transaction-by-transaction basis.  (21) The constructed normal value was determined by adding to the cost of production, on the basis of all costs, a reasonable margin of profit. The amount for selling, general and administrative expenses and profit was calculated by reference to the expenses incurred and the profit realized by the Korean producers on the domestic market (Article 2 (3) (b) (ii) of Regulation (EEC) No 2423/88).  (1) OJ No L 209, 2. 8. 1988, p. 1.  (2) OJ No C 322, 15. 12. 1988, p. 9.  (22) With regard to the profit margin to be added to the cost of production certain Korean exporters claimed that export sales of photo albums from Korea to the Community are made on an OEM (original equipment manufacture) basis and that therefore a reduced profit margin, taking account of this particular situation, should be allowed by the Commission. The following arguments were advanced:  - export sales are made to very detailed Community customer specifications such as size, capacity, colour, design, materials, labels, packing etc.,  - export sales are essentially factory sales for which no distribution or advertising costs are incurred,  - resales are made under the customer's own brand name,  - EC export sales involve high-volume transactions.  (23) The Commission formed the opinion that the factors mentioned are characteristics of the great majority of export transactions and do not sufficiently distinguish the sales of the photo albums concerned in order to qualify for the application of the OEM concept which the Commission applied in certain previous cases. These specific conditions involved the commercialization of technologically advanced electronic products with high brand profiles and which in the Commission's opinion are not at issue in respect of photo albums.  In establishing constructed normal value in these previous cases the Commission has applied a reduced OEM profit margin where export sales were made to Community companies which generally had a manufacturing activity or which had ceased such activity.  The purpose of these purchases has generally been to complete or to replace the OEM manufacturing activity of the original equipment manufacturers because these products were offered at prices below their production cost in the Community. The imported products have then been resold in the Community as own-products of the OEM under its established brand name, assuming the full responsibility of a manufacturer with regard to guarantee, warranties, after sales service, maintenance, supply of spare parts and repairs, the product thus being clearly identified as individual produce of the OEM and distinguished from all other products of the same kind.  However, with regard to the importers of the photo albums under consideration, these importers assume a mere trading function, none of them being or having been involved in a manufacturing activity of photo albums. In particular, the mere fact that the photo albums are sold in the EC under the importer's company name does not sufficiently distinguish these photo albums from all others whether originating in Korea, Hong Kong or produced in the Community. There is no indication that the importers concerned sell their own product under an established brand or trade mark which clearly differentiates their merchandise from all other photo albums in the market. The high fungibility of the products, the normal commercial activity of the importers, which does not distinguish them from any other supplier of photo albums, and the interchangeability of the products from different sources in the consumer's perception are factors which in the Commission's opinion exclude the application of the OEM concept to such imports.  (24) Consequently, the Commission takes the view that the export sales from South Korea to the Community are not sales made on an OEM basis and that there is no justification to allow in any way for differences in cost or profit in establishing normal value.  2. Hong Kong  (25) In order to establish normal value for Hong Kong, the only Hong Kong exporter known to the Commission was contacted. The response to the Commission's questionnaire was incomplete and did not permit the establishment of normal value either on the basis of sales of the like product on the domestic market or on the basis of all costs. The exporter also refused on-the-spot verification and completion of the information submitted. No other Hong Kong exporters reacted to the Commission's publication of the initiation of the anti-dumping proceeding in the Official Journal or made their views known in writing. Therefore, as no sales could be established on the domestic market, the Commission decided to use best available evidence and construct the normal value in accordance with Article 2 (3) (b) and Article 7 (7) (b) of Regulation (EEC) No 2423/88. For this purpose the Commission had to rely partially on information submitted by the complainants, which was however adjusted and completed by information which was obtained during the course of the investigation.  D. EXPORT PRICES  (26) The Korean export prices for every export model and transaction to independent Community customers were determined on the basis of the prices actually paid or payable. (27) The only Hong Kong exporter known had submitted a list of his export prices to the Community. The Commission was prepared to use this information but as on-the-spot verification was not made possible by the exporter, the Commission requested and obtained additional information from Community importers. The information obtained from these importers was used in particular to cross-check the invoiced export prices (puchase prices of the importer) with adjustments for freight, insurance and other transport costs as well as for payment terms.  On this basis, export prices were established for representative export models and transactions to independent Community customers.  E. COMPARISON  (28) Normal values and export prices of the Korean exporters were adjusted to net ex-works level in order to take account of conditions and terms of sale and were compared on a transaction-by-transaction basis.  Comparing normal value and export prices the Commission granted allowances which had been requested for differences in directly related selling expenses such as transport, insurance, handling and ancillary costs and for cost differences resulting from design and packing of the albums concerned and varying credit terms.  (29) For the Hong Kong exporter the normal values and export prices were compared ex-works at the same level of trade. The Commission took account, when circumstances permitted and where sufficient evidence was available, of differences affecting price comparability, including transport and insurance costs and payment schedules.  F. MARGINS  (30) This comparison revealed for South Korea that the prices for most export transactions were below normal value. The dumping amounts (difference between normal value and export price) were aggregated for all export transactions and for all photo album models. The total weighted average dumping margins expressed as a percentage of the exporter's 'cif Community border' export price, are outlined hereunder by exporters:  - Young Stationery Ltd: 9,3 %  - The More Stationery Ltd: 16,7 %  - Dong In Industrial Co. Ltd: 10,2 % .  (31) The corresponding dumping margin established for the Hong Kong exporter is as follows:  - Climax Paper Converters Ltd: 24,8 %.  G. INJURY  (32) The volume of imports from South Korea increased from 11 947 tonnes in 1985 to 18 716 tonnes in 1988 and from Hong Kong from 1 207 tonnes in 1985 to 3 490 tonnes in 1988.  Cumulated imports from South Korea and Hong Kong increased from 13 154 tonnes in 1985 to 22 206 tonnes in 1988 corresponding to an increase of 69 % over that period.  The Hong Kong exporter claimed that the impact of its exports to the Community should be examined separately and that because of their low respective volume in the Community market, they did not cause material injury.  (33) In considering whether cumulation was appropriate, the Commission took account of the comparability of the products imported in terms of physical characteristics, import volumes, the increase in those volumes by comparison with a reference period, the low price level of the products exported by all the exporters in question and the extent to which each imported product competed in the Community with the like product of the Community industry. On the basis of its analysis, the Commission believed that the dumped imports from Hong Kong in question could be considered to contribute to the material injury caused to the Community industry, and that those imports took place under such conditions that if the Commission were to treat one exporter separately, it would be discriminating against the others. The Commission therefore concluded that, in order to establish the level of injury caused to the Community industry, it was appropriate to consider the overall effect of all dumped imports from both South Korea and Hong Kong.  (34) The corresponding market shares increased from 49,7 % in 1985 to 58,2 % in 1988 for South Korea and from 5 % to 10,8 % for Hong Kong in the same period. The cumulated market shares of the imports under consideration increased from 54,7 % in 1985 to 69 % in 1988. (35) The Commission established price undercutting by comparing the Korean export prices of the albums with the corresponding albums of the Community producers. The comparison was carried out at the same level of trade (cif Community border, customs cleared) by using weighted average prices for all photo albums of Korean and European production.  The price undercutting margins established for the three Korean companies are:  - Young Stationery Ltd: 47 %  - The More Stationery Ltd: 13,2 %  - Dong In Industrial Co. Ltd: 68 %.  (36) For exports from Hong Kong the calculation was done on the basis of selected export models and transactions that could be established during the investigation period. As a result, the most representative sales prices of photo albums of Hong Kong (cif Community border, customs cleared) and European production (ex-works) were compared. The weighted average price undercutting margin thus established amounts to 30,9 %.  (37) As far as the situation of the Community industry is concerned, the Commission found a decrease in market share of the main EEC producers from 26,4 % to 21,1 % during the period 1985 to 1988. In the same period the corresponding combined market shares of Korean and Hong Kong exporters increased from 54,7 % to 69 %.  (38) The low price level of the products under consideration has significantly jeopardized the recovery of Community production. A moderate increase in Community production of 6,8 % between 1985 and 1988 is to be measured against a growth in Community consumption of 33,9 % over the same period. As a result at least nine Community producers in Belgium, France and the United Kingdom went bankrupt or had to abandon the producton of photo albums during the last few years. The consequent impact on the remaining Community producers was a decline in market share, increasing financial losses or a reduction in profits.  (39) Since the photo album market is a price sensitive market, the low prices at which the photo albums of Korean and Hong Kong production were sold in the Community, undercutting Community producers, combined with a substantial increase in market share, caused clearly the price depression on the Community photo album market. Community producers were forced either to make sales at a loss or to reduce their sales.  (40) The Commission has also considered whether injury might have been caused by factors other than the dumped imports. It was found that imports from other third countries were steadily decreasing in the period 1985 to 1988 as opposed to the increasing imports from South Korea and Hong Kong.  Besides the decrease in volume and market share, it was also found that these imports were made at considerably higher prices than in the case of South Korea and Hong Kong and that there was no indication of these imports being dumped.  (41) The increased level of dumped imports and in particular the low prices which undercut the prices of Community producers contributed significantly to the sharp decrease in sales of Community producers and their considerable loss of market share. The necessity to align their prices also caused heavy financial losses to Community producers. The Commission therefore considers that the dumped imports of photo albums from South Korea and Hong Kong taken in isolation are causing material injury to the Community industry.  H. COMMUNITY INTEREST  (42) In assessing whether it is in the interest of the Community to take measures against dumped imports, the Commission considers that since a substantial number of producers in Belgium, France and the United Kingdom have ceased to exist and the profit situation of the remaining producers is deteriorating, the existence of this industry is at risk. The photo album industry, with a total turnover of ECU 30 million in 1988, essentially consists of small and medium-sized enterprises largely situated in structurally weak areas of the Community with overproportionate unemployment. Important investments have been made in the last few years which are jeopardized by the low-priced dumped imports from South Korea and Hong Kong. In the case of disappearance of the photo album industry the upstream industry, i.e. suppliers of paper, board, PVC foils etc., would also be affected and would suffer a consequent decrease in demand. (43) Importers, dealers and associations of department stores have forwarded their objections to any protective measures against imports from South Korea and Hong Kong. They state that, if anti-dumping measures were taken, consumer prices would necessarily have to be increased to the detriment of both the importers and the final customers. Furthermore, they express the view that the remaining Community producers would not be capable of meeting the increased demand as a result of the imposition of protective measures.  The arguments forwarded by the importers have been considered by the Commission insofar as certain photo albums of categories 2 and 3 are concerned. An analysis of the current situation reveals that the market supply by the Community industry of cheap non-book-bound photo albums of both categories 2 and 3 is insufficient and that therefore a shortage in overall supply would have to be expected if protective measures were taken with respect to these products.  The Commission is of the opinion that, in the given circumstances, on balance, the consumer interest takes precedence over the interest of the Community industry and has therefore decided to limit protective measures to book-bound albums of category 1 and those albums of category 2 which are book-bound.  (44) In conclusion it is considered that it is in the interest of the Community to take anti-dumping measures being sufficient to eliminate the injury caused by the dumped imports. For the reasons outlined above these measures are limited to book-bound photo albums of categories 1 and 2 and sheets for the respective photo albums.  I. UNDERTAKINGS  (45) Having regard to the injury caused, the Commission intended to impose provisional duties at a rate adequate to remove the injury caused but not exceeding the dumping margins established. A rate equivalent to the price undercuttings found for each exporting country was considered as sufficient to remove the injury caused by imports of photo albums originating in South Korea and Hong Kong. Indeed, the removal of the substantial price undercutting should allow the Community industry also to increase its prices, thus to improve considerably its financial situation, to remain in the market or even increase its production and overall market share.  Having been informed of the essential facts and considerations on the basis of which it was intended to take protective measures, all the South Korean and Hong Kong exporters concerned offered price undertakings concerning the exports of book-bound traditional and self-adhesive photo albums of category 1 and category 2 falling under CN code ex 4820 50 00.  The Commission regards these undertakings as acceptable, considering that the effect of these undertakings will be to increase the prices of the products concerned to an extent sufficient to eliminate the margins of dumping. It appears that correct operation of the undertakings can be effectively monitored in particular in view of the participation of the Korean Stationery Industry Cooperative.  The Advisory Committee has been consulted on this course of action and has raised no objections.  Moreover the Commission notes that in case of violation of these price undertakings it can impose provisional duties according to Article 10 (6) of Regulation (EEC) No 2423/88 and the Council subsequent definitive duties based on the facts established in the present investigation and without carrying out new investigations concerning dumping and injury resulting therefrom,  HAS DECIDED AS FOLLOWS:  Article 1  The undertakings offered by:  1. Chin Sung Ind Co. Ltd  2. Eun Jin Industrial Co. Ltd  3. Korea Enterprise Co. Ltd  4. Young Stationery Ltd  5. Chung Woo Ind Co. Ltd  6. The More Stationery Ltd  7. Hankook Trading Co. Ltd  8. Dongin Ind Co. Ltd  9. Daeho Industries Corporation  10. Hansang Industrial Co. Ltd  11. KMB Industries Corporation  12. Samwang Ind Co. Ltd  13. Woomi Ind Co. Ltd  14. Donam Ind Co. Ltd  15. Shinia Ind Co.  16. Young Sung Ltd  17. Raf Korea Ind Co. Ltd  18. Eunsung Ind Co.  19. Samjin Industrial Co. Ltd  20. Dae Myung Ind Co.  21. Little Prince Gift Co.  22. Shin Song Co.  23. Dae Sung Corporation  24. Sevenstar Industrial Co.  25. Daesin Ind Co.  26. Samwoo Trading Corporation  27. Sungshim Industrial Co. Ltd  28. Korea Trading Co. Ltd 29. Daewoo Corp.  30. Sambang Trading Co. Ltd  31. Yuhan Incorporated  32. Seyang Ploymer Co. Ltd  33. C & G Corporation  34. Saeron Plastics Co. Ltd  all in South Korea,  and:  Climax Paper Converters Ltd, Hong Kong,  in connection with the anti-dumping proceeding concerning imports of photo albums falling under CN code ex 4820 50 00 and originating in South Korea and Hong Kong are hereby accepted.  Article 2  The investigation in connection with the anti-dumping proceeding concerning imports of photo albums originating in South Korea and Hong Kong is hereby terminated.  Done at Brussels, 22 May 1990.  For the Commission  Frans ANDRIESSEN  Vice-President


Important legal notice

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52007BP0125(01)

1. European Parliament decision of 24 April 2007 on the discharge for the implementation of the budget of the European Food Safety Authority for the financial year 2005 (C6-0399/2006 - 2006/2166(DEC))

Official Journal 074 E , 20/03/2008 P. 0256 - 0256

		1.European Parliament decision of 24 April 2007 on the discharge for the implementation of the budget of the European Food Safety Authority for the financial year 2005 (C6-0399/2006 — 2006/2166(DEC))The European Parliament,- having regard to the final annual accounts of the European Food Safety Authority for the financial year 2005 [1],- having regard to the Court of Auditors' report on the final annual accounts of the European Food Safety Authority for the financial year 2005, together with the Authority's replies [2],- having regard to the Council's recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),- 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 (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety [4], and in particular Article 44 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 [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 and the opinion of the Committee on the Environment, Public Health and Food Safety (A6-0112/2007),1. Grants the executive director of the European Food Safety Authority discharge for the implementation of the Authority's budget for the financial year 2005;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 Food Safety Authority, 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).[1] OJ C 266, 31.10.2006, p. 22.[2] OJ C 312, 19.12.2006, p. 42.[3] OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).[4] OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 575/2006 (OJ L 100, 8.4.2006, p. 3).[5] OJ L 357, 31.12.2002, p. 72.--------------------------------------------------


Avis juridique important

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31989D0495

89/495/EEC: Decision of the European Parliament of 13 April 1989 granting discharge to the Commission in respect of the financial management of the third European Development Fund during the 1987 financial year

Official Journal L 247 , 23/08/1989 P. 0008 - 0008

DECISION OF THE EUROPEAN PARLIAMENT of 13 April 1989 granting discharge to the Commission in respect of the financial management of the third European Development Fund during the 1987 financial year (89/495/EEC)THE EUROPEAN PARLIAMENT,  - having regard to the Treaty establishing the European Economic Community,  - having regard to the Convention signed in Yaoundé on 29 July 1969,  - having regard to the balance sheets and accounts of the third, fourth, fifth and sixth European Development Funds for the 1987 financial year (COM(88) 219 final),  - having regard to the report of the Court of Auditors concerning the 1987 financial year accompanied by the institutions' replies (1),  - having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development and Cooperation (Doc. A 2-19/89),  A.  whereas the Financial Regulation applicable to the third EDF conferred responsibility for granting discharge on the Council in accordance with the provisions of the EEC Treaty then in force; whereas, however, these EEC Treaty provisions were amended  successively by the 1970 and 1975 Treaties and general responsibility for granting discharge has been conferred on Parliament; whereas the current non-budgetized status of the EDF, resulting from a failure to comply with a number of Treaty provisions,  could in no circumstances justify constraints on Parliament's power to grant discharge;  B.  pointing up the fact that the discharge decision primarily relates to outturn for the financial year in question rather than to cumulate results;  1.  Grants discharge to the Commission in respect of the financial management of the third European Development Fund during the 1987 financial year on the basis of the following amount:  - payments: ECU 2 209 280,65;  2.  Records its observations in the resolution accompanying this Decision (2);  3.  Instructs its President to forward this Decision and the resolution containing its observations to the Commission, the Council, the Court of Auditors and the European Investment Bank and to arrange for their publication in the Official Journal of the  European Communities (L series).  Done at Strasbourg, 13 April 1989.     The Secretary-General Enrico VINCI The President Lord PLUMB   (1) OJ No C 316, 12. 12. 1988, p. 1. (2) See page 12 of this Official Journal.


Avis juridique important

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31992D0440

92/440/EEC: Council Decision of 24 June 1992 on the organization of the European Year of the Elderly and of Solidarity between Generations (1993)

Official Journal L 245 , 26/08/1992 P. 0043 - 0045

COUNCIL DECISION of 24 June 1992 on the organization of the European Year of the Elderly and of Solidarity between Generations (1993) (92/440/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas the constant improvement of living and working conditions and the harmonious development of economies are aims of the European Economic Community;  Whereas the European Parliament adopted on 18 February 1982 a resolution on the situation and problems of the Elderly in the European Community (4), on 10 March 1986 a resolution on services for the elderly (5) and on 14 May 1986 a resolution on  Community measures to improve the situation of the elderly in the Member States of the Community (6);  Whereas the European Parliament urged, in that resolution, the designation of a European Year for the Elderly;  Whereas on 26 November 1990 the Council adopted Decision 91/49/EEC on Community actions for the elderly (7), including the designation of 1993 as 'European Year of the Elderly and of Solidarity between Generations';  Whereas the trend in current demographic developments is towards a major increase in the population of the elderly; whereas this trend will have considerable economic and social implications, in particular for the labour market, social security and  social expenditure;  Whereas exchanges of information and experience as well as cooperation and consultation on measures affecting the elderly between the Commission, the Member States and representatives of the elderly are important for the development of solidarity within  the Community;  Whereas the measures to be carried out at Community level are intended to make known and to complement the different types of measures carried out in Member States at various levels;  Whereas an amount of ECU 6,9 million is deemed necessary to implement this Decision; whereas, for the 1992 budget year, under the current financial perspective, the amount deemed as necessary is ECU 4,339 million;  Whereas the amounts to be committed for financing this Decision for the period following the 1992 budget year will have to be consistent with the Community financial framework inforce;  Whereas the Treaty does not provide, for the adoption of this Decision, powers other than those of Article 235,   HAS DECIDED AS FOLLOWS:  Article 1  Objectives - Measures - Coordinated Measures 1. The objectives of the European Year of the elderly and of Solidarity between Generations (1993), hereafter referred to as the 'European Year', shall be:  (a) to highlight the Comunity's social dimension:  (b) to heighten society's awareness of the situation of the elderly, the challenges resulting from present and future demographic developments and the consequences of an ageing population for all Community policies;  (c) to promote reflection and discussion on the types of change required in order to deal with this situation and these developments;  (d) to promote the principle of solidarity between generations;  (e) to involve the elderly more in the process of Community integration.  2. The following measures are envisaged for the European Year:  (a) Measures with no financial implications for the Community budget Voluntary measures to be undertaken by public and private bodies:  - use of the common logo and the slogan of the European Year in consciousness-raising campaigns and for events,  - dissemination of information on the European Year in the media;   (b) Measures co-financed from the Community budget (i) Joint conferences with Member States aimed at implementing the objectives of the European Year.  Financial support of up to 30 % of the cost of these measures may be granted.  (ii) Information activities and exchanges between bodies from various Member States for:  (a) increasing the ability of the elderly to be self-reliant;  (b) dealing more effectively with the health problems of the elderly;  (c) enhancing the positive contribution of the elderly and solidarity between generations;  (d) promoting the active involvement of the elderly in society;  (e) developing dialogue and mutual understanding in the Community so as to deal more effectively with the challenges of ageing.  Financial support of up to 60 % of the cost of these measures may be granted.  (iii) Information and consciousness raising at national level Measures in line with the objectives of the European Year on subjects to be determined by the Member State and the Commission in consultation with the Committee of an advisory nature referred to in Article 5, including:  - prizes and competitions at national level,  - information and publicity campaigns at national level,  - publication of information at national level,  - organization of events at national level.  Financial support of up to 30 % of the cost of these measures may be granted.  (iv) Organization at Community level of the opening and concluding conferences of the European Year.  Organization of the other events at Community level, including some concerning the gradual transition from working life to retirement, in particular on the basis of the Commission report on the implementation of Council recommendation 82/857/EEC of 10  December 1982 on the principles of a Community policy with regard to retirement age (8),  (c) Projects to be funded solely from the Community budget (i) Prizes and competitions at Community level Prizes shall be awarded for competitions on subjects to be determined by the Commission in consultation with the abovementioned Committee of an advicory nature.  (ii) Information and publicity campaigns at Community level in the media of all Member States.  (iii) Publication of information at Community level, including the following reports:  (a) economic and social policies and the elderly;  (b) the social integration of the elderly in Europe;  (c) 'Eurobarometer' survey concerning the elderly;  (d) a social portrait of European senior citizens;  (e) 'Social Europe' (special issue concerning the elderly).  (iv) Network of pilot projects by public and/or private bodies aimed at encouraging new approaches both to using the potential represented by the elderly and promoting the contribution which they can make, and for care of those elderly who cannot manage  alone.  3. Coordinated measures for the European Year will be taken by the Community, the Member States - including, where appropriate, regional and local authorities - employers' and workers' representatives and nongovernmental organizations representing or  dealing with the elderly.  Article 2  National Coordinating Committee 1. Each Member State shall ensure that a National Coordinating Committee is set up to organize the participation of the Member States - and, where appropriate, of regional and local authorities - in the European Year.  2. The National Committee shall ensure that it is representative of the whole range of interests of the interests of the elderly, in particular of employers' and workers' representatives and the main non-governmental organizations representing or  dealing with the elderly.  Article 3  Measures with no financial implications for the Community budget or partly financed from the Community budget The measures referred to in Article 1 (2) (a) and (b) shall be decided on in accordance with the procedure set out in Article 5 (2).  Article 4  Financing 1. The amount of Community financing deemed necessary to implement this Decision shall be ECU 6,9 million, including ECU 4,339 million for the 1992 budgetary year under the current financial perspective.  For the subsequent period of application of this Decision, this amount will have to be consistent with the Community financial framework in force.  2. The budget authority shall determine the appropriations available for each financial year, taking into account the principles of sound management referred to in Article 2 of the Financial Regulation applicable to the general budget of the European  Communities.  Article 5  Committee 1. The Commission shall be assisted by the Committee of an advisory nature established by the first paragraph of Article 6 of Council of an advisory nature established by the first paragraph of Article 6 of Council Decision 91/49/EEC.  2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on this draft, within a time limit which the Chairman may lay down according to the urgency of the matter,  if necessary by taking a vote.  The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.  The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which its opinion has been taken into account.  3. At the initiative of its Chairman or, as the case may be, at the request of one of its members, the Committee shall examine any matter connected with coordinating the measures deriving from this Decision and the national measures undertaken as part  of the European Year.  Article 6  Projects 1. Member States shall, after consulting the National Committees referred to in Article 2:  - evaluate the projects of national public or private bodies to be submitted to the Commission for funding,  - monitor the execution of such projects and report to the Commission where such projects receive national financing.  2. The Committee referred to in Article 5 shall be informed of any project to which the Commission intends to allocate financing.  Article 7  Notification of the European Parliament, the Council and the Social Committee The Commission shall inform the European Parliament, the Council and the Economic and Social Committee of the progress of work and shall send them a report on an assessment of the actions carried out in the course of the European Year.  Done at Luxembourg, 24 June 1992.  For the Council The President José da SILVA PENEDA (1) OJ No C 25, 1. 2. 1992, p. 5.(2) OJ No C 176, 13. 7. 1992.(3) OJ No C 169, 6. 7. 1992, p. 49.(4) OJ No C 66, 15. 3. 1982, p. 71.(5) OJ No C 88, 14. 4. 1986, p. 17.(6) OJ No C 148, 16. 6. 1986, p. 61.(7) OJ No L 28, 2. 2. 1991, p. 29.(8) OJ  No L 357, 18. 12. 1982, p. 27.


title: Decision (EU) 2016/1602 of the European Parliament of 28 April 2016 on the closure of the accounts of the ENIAC Joint Undertaking for the financial year 2014

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/436

         DECISION (EU) 2016/1602 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on the closure of the accounts of the ENIAC Joint Undertaking for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the ENIAC Joint Undertaking for the financial year 2014,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the ENIAC Joint Undertaking for the period 1 January to 26 June 2014, together with the Joint Undertaking’s reply (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2014, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council’s recommendation of 12 February 2016 on discharge to be given to the Joint Undertaking in respect of the implementation of the budget for the financial year 2014 (05587/2016 – C8-0058/2016),

               —

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

               —

               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 209 thereof,

               —

               having regard to Council Regulation (EC) No 72/2008 of 20 December 2007 setting up the ENIAC Joint Undertaking (4),

               —

               having regard to Council Regulation (EU) No 561/2014 of 6 May 2014 establishing the ECSEL Joint Undertaking (5), and in particular Article 1(2) and Article 12 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 (6),

               —

               having regard to Commission Delegated Regulation (EU) No 110/2014 of 30 September 2013 on the model financial regulation for public-private partnership bodies referred to in Article 209 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (7),

               —

               having regard to Rule 94 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A8-0113/2016),

               1.

               Postpones the closure of the accounts of the ENIAC Joint Undertaking for the financial year 2014;

               2.

               Instructs its President to forward this decision to the Executive Director of the ECSEL Joint Undertaking, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 422, 17.12.2015, p. 25.

      (2)  OJ C 422, 17.12.2015, p. 26.

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

      (4)  OJ L 30, 4.2.2008, p. 21.

      (5)  OJ L 169, 7.6.2014, p. 152.

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

      (7)  OJ L 38, 7.2.2014, p. 2.


title: Decision of the Representatives of the Governments of the Member States of the European Coal and Steel Community, meeting in Council of 2 December 1974 opening, allocating and providing for the administration of tariff quotas for certain steel products originating in developing countries

text:
9 . 12 . 74                          Official Journal of the European Communities                         No L 329/ 155
                                                            II
                                        (Acts whose publication is not obligatory)
                                                  COUNCIL
                                                        DECISION
                  OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER
             STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING IN
                                                        COUNCIL
                                                   of 2 December 1974
              opening, allocating and providing for the administration of tariff quotas for certain
                                    steel products originating in developing countries
                                                      (74/596/ECSC)
 THE REPRESENTATIVES OF THE GOVERNMENTS                          June 1968 on the common definition of the concept
 OF THE     MEMBER STATES          OF THE EUROPEAN               of the origin of goods.
 COAL AND      STEEL COMMUNITY, MEETING IN
 COUNCIL,
                                                                 3 . The amount to be charged in respect of each
                                                                 country or territory referred to in paragraph 2
 In agreement with the Commission,                               against each of the tariff quota amounts indicated
                                                                 in column 5 of Annex A shall be limited to the
 HAVE DECIDED AS FOLLOWS :                                       maximum amount given as a percentage in column
                                                                 4 of Annex A against each category of products .
                         Article 1
 1 . From 1 January to 31 December 1975 the duties               4 . Any amendment to Annex B, in particular by the
 applicable in all customs areas of the Community                addition of new countries or territories enjoying tariff
 to the products listed in Annex A shall be com                 preferences , may entail a corresponding adjustment
 pletely suspended within the framework of Com                  to the maximum amounts expressed as percentages
 munity tariff ceilings of amounts which shall be ex            laid down in colum 4 of Annex A and to the tariff
 pressed in units of account and which shall be indi            ceilings and quotas laid down respectively in columns
 cated against each product in column 3 of that                  3 and 5 of Annex A.
 Annex .
                                                                                Article 2
 2. These tariff ceilings shall be enjoyed solely by
 products originating in the countries and territories            1 . The Member States shall administer their tariff
 listed in Annex B. However, those imports which                  quotas in accordance with their own provisions in
 already enjoy exemption from customs duties under                this respect.
 other preferential tariff arrangements granted by the
 nine Member States of the Community may not be                   2 . The extent to which a Member State used up its
 charged against these tariff quotas. For the purposes            share shall be determined on the basis of imports of
 of the application of this Decision, the concept of              the said goods which have been entered for home
 originating products shall be determined in accord
 ance with the procedure laid down in Article 14
 of Council Regulation (EEC ) No 802/68 ( l ) of 27               0 OJ No L 148 , 28 . 6. 1968 , p. 1 .
 ---pagebreak--- No L 329/ 156                     Official Journal of the European Communities                             9 . 12 . 74
use, on the basis of the customs value of the said           quences of such a situation (with regard to the aggre
goods, and which are accompanied by a certificate            gate appearing in column 3 of Annex A) shall be
of origin in accordance with the rules referred to           jointly examined immediately.
in Article 1 ( 2).
                                                                                Article 4
3 . Goods may be imported under the tariff quota
only if the certificate of origin mentioned in para         Member States shall      inform the Commission          at
graph 2 is presented before the date on which cus           regular intervals of imports of the products in
toms duties are re-introduced .                              question actually charged against their quotas.
                                                                                Article 5
                        Article 3
                                                             Member States, in close cooperation with the Com
Each Member State shall re-introduce the levying of          mission, shall take all necessary measures to ensure
duties which have been suspended in respect of a             that the above provisions are applied.
country or territory mentioned in Annex B as soon
as it records that the charges against its national                                 Article 6
quota of the products concerned originating in such
country or territory have reached the maximum                The Member States shall take all measures necessary
amount aid down in column 4 of Annex A.                      for the implementation of this Decision.
Such re-introduction shall be notified immediately to
the Commission, which shall inform the other Mem            Done at Brussels, 2 December 1974 .
ber States forthwith . At the request of a Member
State or of the Commission , the possible conse                                             The President
                                                                                J. SAUVAGNARGUES
 ---pagebreak--- 9 . 12. 74                                  Official Journal of the European Communities                              No L 329 / 157
                                                                ANNEX A
             List of products subject to zero-duty traiff ceilings under the generalized tariff preferences granted
                                                   to developing countries and territories
                                                                                Maximum
                                                                                amount
       CCT                                                                      Aggregate                 Volume of shares allocated to
     heading                                Description                        of column 5 per country
                                                                                and            Member States in u.a .
        No                                                                        in u.a .
                                                                                territory
                                                                                (% )
        (1)                                      (2)                                 3)         4                      5
      73.08       Iron or steel coils for re-rolling                           11 516 000      50      Germany                3  166 900
                                                                                Benelux                1  209 180
                                                                                France                 2  188 040
                                                                                Italy                  1  727 400
                                                                                Denmark                   575 800
                                                                                Ireland                   115 160
                                                                                United Kingdom         2 533 520
       3.10       Bars and rods (including wire rod), of iron or                 7 137 000      50     Germany                1 962  675
                  steel , hot-rolled, forged , extruded, cold-formed                                   Benelux                   749 385
                  or cold-finished (including precision-made) ;                                        France                 1 356  030
                  hollow mining drill steel :                                                          Italy                  1 070  550
                                                                                Denmark                   356 850
                  A. Not further worked than                hot-rolled  or                             Ireland                    71 370
                      extruded                                                                         Linited Kingdom        1 570  140
                  D. Clad or surface-worked (for example, pol
                      ished , coated) :
                      I.    Not further worked than clad :
                            a ) Hot-rolled or extruded
      73.13       Sheets and plates , of iron or steel , hot-rolled or         22 324 000       30     Germany                6  139  100
                  cold-rolled :                                                                        Benelux                2  344 020
                                                                                France                 4  241 560
                  A. ' Electrical' sheets and plates :                                                  Italy                 3  348  600
                                                                                Denmark                1 116 200
                  B. Other sheets and plates :                                                          Ireland                  223 240
                         I. Not further worked than hot-rolled                                          United Kingdom        4 911  280
                        II . Not further worked than cold-rolled , of
                              a thickness of :
                              b) More than 1 mm but less than 3 mm
                              c) 1 mm or less
                      III . Not further worked than burnished ,
                              polished or glazed
                      IV. Clad , coated or otherwise surface
                              treated :
                               b ) Tinned
                              c) Zinc-coated or lead-coated
                               d ) Other (for example, copper-plated
                                   artificially oxidized lacquered, nickel
                                   plated , varnished , clad parkerized ,
                                   printed )
                        V. Otherwise shaped or worked :
                               a ) Cut into shapes other than rectangu
                                   lar shapes, but not further worked :
                                   2.   Other
 ---pagebreak--- No L 329/ 158                       Official Journal of the European Communities                                9 . 12 . 74
                                                          ANNEX B
                   List of developing countries and territories enjoying generalized tariff preferences
                                              INDEPENDENT COUNTRIES
Afghanistan                                Honduras                                 Qatar
Algeria                                    India                                    Rwanda
Argentina                                  Indonesia                                Saudi Arabia
Bahamas                                    Iran                                     Senegal
Bahrain                                    Iraq                                     Sierra Leone
Bangladesh                                 Ivory Coast                              Singapore
Barbados                                   Jamaica                                  Somalia
Bhutan                                     Jordan                                   Sri Lanka
Bolivia                                    Kenya                                    Sudan
Botswana                                   Khmer Republic                           Swaziland
Brazil                                     Korea ( South)                           Syria
Burma                                      Kuwait                                   Tanzania
Burundi                                    Laos                                     Thailand
Cameroon                                   Lebanon                                  Togo
Central African Republic                   Lesotho                                  Tonga
Chad                                       Liberia                                  Trinidad and Tobago
Chile                                      Libya                                    Tunisia
Colombia                                   Malagasy Republic                        Uganda
Congo, People's Republic of                Malawi                                   United Arab Emirates :
Costa Rica                                 Malaysia                                      Abu Dhabi
Cuba                                       Maldive Islands                               Dubai
Cyprus                                     Mali                                          Ras al Khaimah
Dahomey                                    Mauritania                                    Fujairah
Dominican Republic                       , Mauritius                                     Ajman
Ecuador                                    Mexico                                        Sharjah
Egypt, Arab Republic of                    Morocco                                       Ummal Qaiwain
El Salvador                                Nauru                                    Upper Volta
Equatorial Guinea                          Nepal                                    Uruguay
Ethiopia                                   Nicaragua                                Venezuela
Fiji                                       Niger                                    Vietnam , Republic of
Gabon                                      Nigeria                                  Western Samoa
Gambia                                     Oman                                     Yemen , People's Democratic
Ghana                                      Pakistan                                 Republic of
Guatemala                                  Panama                                   Yemen Arab Republic
Guinea                                     Paraguay                                 Yugoslavia
Guyana                                     Peru                                     Zaïre
Haiti                                      Philippines                              Zambia
 ---pagebreak--- 9 . 12. 74                               Official Journal of the European Communities                                              No L 329 / 159
                                                                        II
                                                  COUNTRIES AND TERRITORIES
           dependent or administered, or for whose external relations Member States of the Community
                                       or third countries are wholly or partly responsible
           Afars and Issas (Territory of the)
           Angola (including Cabinda)
           Australian Antarctic Territory
           Belize
           Bermuda
           British Antarctic Territory
           British Indian Ocean Territory ( Aldabra , Farquhar, Chagos Archipelago, Des Roches)
           British Pacific Ocean (*)
           Brunei
           Cape Verde Islands
           Cayman Islands and Dependencies
           Christmas Island
           Cocos (Keeling) Islands
           Comoro Archipelago
           Corn Islands and Swan Islands
           Falkland Islands and Dependencies
           French Polynesia
           French Southern and Antarctic Territories
           Gibraltar
           Heard Island and MacDonald Islands
           Hong Kong
           Leeward Islands (2)
           Macao
           Mozambique
           Netherlands Antilles
           New Caledonia and Dependencies
           Norfolk Islands
           Pacific Islands administered by the United States of America or under United States trusteeship (3 )
           Papua-New Guinea
           Portuguese Guinea
           Portuguese Timor
           St Helena (including Ascension, Gough Island, and Tristan da Cunha)
           Saint Pierre and Miquelon
           Sao Tome and Principe
           Seychelles (including Amirantes)
           Sikkim
           Spanish territories in Africa
           Surinam
           Territories for which New Zealand is responsible ( Cook Islands, Niuwe Island , Tokelau Islands
                and Ross Dependency)
           Turks and Caocos Islands
           Virgin Islands of the United States (St Croix, St Thomas, St John , etc.)
           Wallis and Futuna Islands
           Windward Islands (4 )
           Note : The above lists may be amended subsequently to take account of changes in the inter
                       national status of countries or territories .
           I1) Gilbert and Fllice Islands , British Solomon Islands, New Hebrides Condominium , and Pitcairn Islands.
           (2) Antigua , Montserrat , St Kitts-Nevis-Anguilla , British Virgin Islands.
           (3) The Pacific Islands administered by the United States of America include . Guam , American Samoa ' including Swain's
               Island ), Midway Islands , Johnston and Sand Islands , Wake Island and the Trust Territory of the Pacific Islands (the
               Caroline, Marianas and Marshall Islands ).
           (4) Dominica, Grenada, St Lucia , St Vincent .


title: 2009/169/EC,Euratom: Decision of the Representatives of the Governments of the Member States of 25 February 2009 appointing a Judge to the Court of First Instance of the European Communities

text:
               28.2.2009

               EN

               Official Journal of the European Union

               L 56/17

      DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES

   of 25 February 2009
   appointing a Judge to the Court of First Instance of the European Communities
   (2009/169/EC, Euratom)
   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 224 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 140 thereof,
   Whereas:
   Pursuant to Articles 5 and 7, in conjunction with Article 47, of the Protocol on the Statute of the Court of Justice and following the resignation of Ms Virpi TIILI, a Judge should be appointed to the Court of First Instance of the European Communities for the remainder of the term of office of Ms Virpi TIILI, which runs until 31 August 2010,
   HAVE DECIDED AS FOLLOWS:
   Article 1
   Mr Heikki KANNINEN is hereby appointed Judge to the Court of First Instance of the European Communities for the period from 1 September 2009 to 31 August 2010.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 25 February 2009.

            The President

         M. VICENOVÁ


title: Council Decision 2013/477/CFSP of 27 September 2013 amending Decision 2010/573/CFSP concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova

text:
               28.9.2013

               EN

               Official Journal of the European Union

               L 257/18

         COUNCIL DECISION 2013/477/CFSP
   of 27 September 2013
   amending Decision 2010/573/CFSP concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 27 September 2010, the Council adopted Decision 2010/573/CFSP (1).

               (2)

               On the basis of a review of Decision 2010/573/CFSP, the restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova should be extended until 30 September 2014.

               (3)

               Decision 2010/573/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Article 4(2) of Decision 2010/573/CFSP is hereby replaced by the following:

      ‘2.   This Decision shall apply until 30 September 2014. It shall be kept under constant review. It may be renewed or amended, as appropriate, if the Council deems that its objectives have not been met.’.

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

      Done at Brussels, 27 September 2013.

            For the Council

            The President

         E. GUSTAS

      (1)  Council Decision 2010/573/CFSP of 27 September 2010 concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova (OJ L 253, 28.9.2010, p. 54).


Avis juridique important

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32003D0038

2003/38/EC: Council Decision of 10 December 2002 appointing a full member of the Committee of the Regions

Official Journal L 013 , 18/01/2003 P. 0020 - 0020

Council Decisionof 10 December 2002appointing a full member of the Committee of the Regions(2003/38/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the Council Decision of 22 January 2002(1) appointing the members and alternate members of the Committee of the Regions,Whereas a seat as a full member of the Committee of the Regions has become vacant following the resignation of Mr Kurt SCHELTER, notified to the Council on 26 November 2002,Having regard to the proposal from the German Government,HAS DECIDED AS FOLLOWS:Sole ArticleMs Barbara RICHTSTEIN is hereby appointed a full member of the Committee of the Regions in place of Mr Kurt SCHELTER for the remainder of his term of office, which runs until 25 January 2006.Done at Brussels, 10 December 2002.For the CouncilThe PresidentP. S. Møller(1) OJ L 24, 26.1.2002, p. 38.


title: 2004/919/EC: Council Decision of 22 December 2004 on tackling vehicle crime with cross-border implications

text:
               30.12.2004

               EN

               Official Journal of the European Union

               L 389/28

      COUNCIL DECISION

   of 22 December 2004
   on tackling vehicle crime with cross-border implications
   (2004/919/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 30(1)(a) and Article 34(2)(c) thereof,
   Having regard to the initiative of the Kingdom of the Netherlands,
   Having regard to the Opinion of the European Parliament,
   Whereas:

               (1)

               An estimated 1,2 million motor vehicles are stolen each year in the Member States of the European Union.

               (2)

               These thefts involve considerable damage amounting to at least EUR 15 billion per year.

               (3)

               A large proportion of these vehicles, estimated at 30 to 40 %, are stolen by organised crime and then converted and exported to other States within and outside the European Union.

               (4)

               Besides causing material damage, this is also seriously damaging to citizens' sense of justice and feeling of security. Vehicle crime may be accompanied by serious forms of violence.

               (5)

               Consequently, attainment of the objective in Article 29 of the Treaty, to provide citizens with a high level of safety within an area of freedom, security and justice, is hampered.

               (6)

               The Council has adopted a Resolution of 27 May 1999 on combating international crime with fuller cover of the routes used (1).

               (7)

               Vehicle crime may also be linked internationally to other forms of crime, such as trafficking in drugs, firearms and human beings.

               (8)

               Tackling vehicle crime is a matter for the law enforcement agencies of the Member States. However, a common approach involving — wherever practicable and necessary — cooperation between the Member States and law enforcement authorities of the Member States is necessary and proportional in order to address the cross-border aspects of this form of crime.

               (9)

               Cooperation between law enforcement authorities and vehicle registration authorities is of particular importance, as is the provision of information to the relevant parties.

               (10)

               Cooperation with Europol is equally important as Europol can provide analyses and reports on the matter.

               (11)

               The European Police College offers police forces in the Member States, via the European Police Learning Net (EPLN), a library function in the field of vehicle crime for consulting information and expertise. Via its discussion function, EPLN also provides the possibility of exchanging knowledge and experience.

               (12)

               The fight against vehicle crime will be intensified by an increase in the number of Member States acceding to the Treaty concerning a European Vehicle and Driving Licence Information System (EUCARIS) of 29 June 2000.

               (13)

               A number of specific measures will need to be taken if vehicle crime with an international dimension is to be combated effectively,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Definitions
   For the purposes of this Decision, the following definitions apply:

               1.

               ‘Vehicle’ shall mean any motor vehicle, trailer or caravan as defined in the provisions relating to the Schengen Information System (SIS).

               2.

               ‘National competent authorities’ shall mean any national authorities designated by the Member States for the purposes of this Decision, and may include, as appropriate, police, customs, border guards and judicial authorities.

         Article 2
   Objective
   1.   The objective of this Decision is to achieve improved cooperation within the European Union with the aim of preventing and combating cross-border vehicle crime.
   2.   Particular attention shall be given to the relationship between vehicle theft and the illegal car trade and forms of organised crime, such as trafficking in drugs, firearms and human beings.
   Article 3
   Cooperation between national competent authorities
   1.   Member States shall take the necessary steps, in accordance with national law, to enhance mutual cooperation between national competent authorities in order to combat cross-border vehicle crime, such as by means of cooperation agreements.
   2.   Specific attention shall be given to cooperation with respect to export control, taking into account respective competences in the Member States.
   Article 4
   Cooperation between competent authorities and the private sector
   1.   Member States shall take the necessary steps to organise periodic consultations, as appropriate, among national competent authorities, in accordance with national law, and may involve representatives of the private sector (such as holders of private registers of missing vehicles, insurers and the car trade) in such consultations with a view to coordination of information and mutual alignment of activities in this area.
   2.   Member States shall facilitate procedures, in accordance with national law, for a quick repatriation of vehicles released by national competent authorities following their seizure.
   Article 5
   Vehicle crime contact points
   1.   By 30 March 2005, Member States shall designate, within their law enforcement authorities, a contact point for tackling cross-border vehicle crime.
   2.   Member States shall authorise the contact points to exchange experience, expertise as well as general and technical information concerning vehicle crime on the basis of existing applicable legislation. Information exchange shall extend to methods and best practices of prevention of vehicle crime. Such exchanges shall not include exchanges of personal data.
   3.   Information concerning the designated national contact points, including subsequent changes, shall be notified to the General Secretariat of the Council for publication in the Official Journal of the European Union.
   Article 6
   Issuing alerts for stolen vehicles and registration certificates
   1.   Whenever a vehicle is reported stolen, Member States' competent authorities shall immediately enter a stolen vehicle alert in the SIS, in accordance with national law, and, where possible, in Interpol's Stolen Motor Vehicle database.
   2.   An alert in the search register shall, in accordance with national law, be immediately withdrawn by the Member State which issued it as soon as the reason for issuing an alert on the vehicle ceases to exist.
   3.   Whenever registration certificates are reported stolen, Member States' competent authorities shall immediately enter an alert thereon in the SIS, in accordance with national law.
   Article 7
   Registration
   1.   Each Member State shall ensure that its competent authorities shall take the necessary steps to prevent abuse and theft of vehicle registration documents.
   2.   The national vehicle registration authorities shall be informed by law enforcement authorities whether a vehicle, that is in the process of being registered, is known as having been stolen. Access to databases to that end shall take place with due respect to provisions of Community law.
   Article 8
   Preventing abuse of vehicle registration certificates
   1.   In order to prevent abuse of vehicle registration certificates, each Member State shall, in accordance with national law, ensure that its competent authorities take the necessary steps to recover a vehicle owner's or vehicle holder's registration certificate if the vehicle has been seriously damaged in an accident (total loss).
   2.   A registration certificate shall also be recovered, in accordance with national law, where, during a check by the law enforcement agency, it is suspected that there has been an infringement concerning the vehicle's identity markings, such as the vehicle identification number.
   3.   Registration certificates shall be returned only following examination and positive verification of the vehicle's identity, and in accordance with national law.
   Article 9
   Europol
   Each Member State shall ensure that its law enforcement authorities keep Europol informed on vehicle crime perpetrators as necessary, within the scope of that mandate and tasks.
   Article 10
   Promotion of expertise and training
   Member States shall take the necessary steps to ensure that national institutes responsible for the training of relevant law enforcement authorities promote in their curricula, where appropriate in cooperation with the European Police College, specialist training in the field of vehicle crime prevention and detection. Such training may include input from Europol, in accordance with its sphere of competence.
   Article 11
   Meeting of contact points and annual report to the Council
   Vehicle crime contact points shall hold a meeting at least once a year under the auspices of the Member State holding the Presidency of the Council. Europol shall be invited to participate in that meeting. The Presidency shall report to the Council on the progress of relevant practical cooperation among law enforcement authorities.
   Article 12
   Evaluation
   The Council shall evaluate the implementation of this Decision by 30 December 2007.
   Article 13
   Entry into effect
   This Decision shall take effect on the day of its publication in the Official Journal of the European Union.
   For those Member States in which the provisions of the Schengen acquis relating to the SIS have not yet been put into effect, the obligations of this Decision relating to the SIS shall take effect on the date on which those provisions start applying, as specified in a Council Decision adopted to that effect in accordance with the applicable procedures.

      Done at Brussels, 22 December 2004

            For the Council

            The President

         C. VEERMAN

      (1)  OJ C 162, 9.6.1999, p. 1.


Avis juridique important

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31988D0241

88/241/EEC: Commission Decision of 14 March 1988 amending Decision 78/618/EEC setting up a Scientific Advisory Committee to examine the toxicity and ecotoxicity of chemical compounds

Official Journal L 105 , 26/04/1988 P. 0029 - 0029 Finnish special edition: Chapter 15 Volume 8 P. 0078  Swedish special edition: Chapter 15 Volume 8 P. 0078

*****COMMISSION  DECISION  of 14 March 1988  amending Decision 78/618/EEC setting up a Scientific Advisory Committee to examine the toxicity an ecotoxicity of chemical compounds  (88/241/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Whereas the Commission, by Decision 78/618/EEC (1), as last amended by Decision 80/1084/EEC (2), set up the Scientific Advisory Committee to examine the toxicity and ecotoxicity of chemical compounds;  Whereas amendments need to be made to this Decision so that opinions can be obtained on the validity and applicability of the new methods in toxicology and ecotoxicology, and so that account can be taken of the accession of three new Member States (Greece, Portugal and Spain) and of experience of the operation of the Committee,  HAS DECIDED AS FOLLOWS:  Article 1  Decision 78/618/EEC is hereby amended as follows:  1. Article 2 (1) is replaced by the following:  '1. The task of the Committee or, where appropriate, of its sections referred to in Article 8, shall be to supply the Commission with opinions, at the latter's request,  (a) on all matters relating to the examination of the toxicity and ecotoxicity of those chemical compounds the use of which is liable to have detrimental effects on human health and on the various environmental media, taking into account:  - scientific knowledge gained concerning the toxicity and ecotoxicity of the chemical compounds,  - the uses and quantities of those compounds,  - the assessment of the levels of exposure of the targets;  (b) and on the validity of new methods in toxicology and ecotoxicology.  Opinions of the Committee shall relate in particular to:  - the examination of the toxic effects of chemical compounds on Man,  - the examination of the various routes by which chemical compounds are transferred, and of the processes by which they are concentrated in the environment, which affect or could affect Man,  - the examination of the toxic effects and the effects of nuisances caused by chemical compounds on the various environmental media,  - the assessment of the validity and applicability of new methods of determining the toxicology and ecotoxicology of chemical compounds.'  2. Articles 3 and 4 are replaced by the following:  'Article 3  The Committee shall consist of 24 members, two per Member State, of whom 12 shall be senior experts in toxicology and 12 senior experts in ecotoxicology.  Article 4  The Commission shall appoint the members of the Committee, having regard to the need to ensure that the various specific areas of toxicology and ecotoxicology are covered.'  3. Article 7 (1) is replaced by the following:  '1. The Committee shall elect from the members, a chairman and two vice-chairmen for a period of three years. Election shall be by a majority of two-thirds of the members present. The two vice-chairmen (one toxicologist and one ecotoxicologist) shall act as chairmen in their respective sections.'  4. Article 9 (1) is replaced by the following:  '1. The Committee, its sections and its working parties shall normally meet at the headquarters of the Commission when convened by the latter. However, in exceptional circumstances and whenever necessary in the light of scientific requirements, meetings may be held at places other than the headquarters of the Commission when convened by the latter.'  Article 2  This Decision shall enter into force on 14 March 1988.  Done at Brussels, 14 March 1988.  For the Commission  The President  Jacques DELORS  (1) OJ No L 198, 22. 7. 1978, p. 17.  (2) OJ No L 316, 25. 11. 1980, p. 21.