title: 2005/639/EC: Council Decision of 18 July 2005 concerning the conclusion of an agreement between the European Community and the Government of the Republic of Kazakhstan on trade in certain steel products

text:
               8.9.2005

               EN

               Official Journal of the European Union

               L 232/63

         COUNCIL DECISION
   of 18 July 2005
   concerning the conclusion of an agreement between the European Community and the Government of the Republic of Kazakhstan on trade in certain steel products
   (2005/639/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Partnership and Cooperation Agreement between the European Communities and their Member States and the Republic of Kazakhstan (1), hereinafter referred to as ‘the PCA’, entered into force on 1 July 1999.

               (2)

               Article 17(1) of the PCA provides that trade in certain steel products is governed by Title III of that Agreement with the exception of Article 11 thereof, and by the provisions of an agreement on quantitative arrangements.

               (3)

               For the years 2000 to 2004, trade in certain steel products was the subject of agreements between the Parties to the PCA. It is therefore appropriate to conclude a new agreement which takes account of the developments in the relationship between the Parties.

               (4)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   1.   The Agreement between the European Community and the Government of the Republic of Kazakhstan on trade in certain steel products is hereby approved on behalf of the Community.
   2.   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 Community.

      Done at Brussels, 18 July 2005.

            For the Council

            The President

         J. STRAW

      (1)  OJ L 196, 28.7.1999, p. 3.
    ---documentbreak---

               8.9.2005

               EN

               Official Journal of the European Union

               L 232/64

         AGREEMENT
   between the European Community and the Government of the Republic of Kazakhstan on trade in certain steel products
   THE EUROPEAN COMMUNITY,
   of the one part, and
   THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN,
   of the other part,
   being the Parties to this Agreement,
   WHEREAS the Partnership and Cooperation Agreement between the European Communities and their Member States and the Republic of Kazakhstan (hereinafter referred to as the PCA)
             (1)

            , signed on
            23 January 1995

            , entered into force on
            1 July 1999

            ;
   WHEREAS the European Community (hereinafter referred to as the Community) and the Government of the Republic of Kazakhstan (hereinafter referred to as Kazakhstan) are desirous to promote the orderly and equitable development of trade in steel products between the Community and Kazakhstan;
   WHEREAS Article 17(1) of the PCA provides that trade in certain steel products (i.e. the steel products of the former European Coal and Steel Community, hereinafter referred to as ECSC) is governed by Title III of the PCA, save for Article 11 thereof and by the provisions of an Agreement; whereas this Agreement constitutes an Agreement in the sense of Article 17(1) of the PCA;
   WHEREAS for the years 2000 to 2004, trade in these steel products was the subject of an agreement, which it is appropriate to replace with a further agreement which takes account of developments in the relationship between the Parties;
   WHEREAS this Agreement is designed to provide a framework permitting the removal of quantitative restrictions on trade in certain steel products, provided that certain conditions are met and in particular when proper competitive conditions have been established in respect of the steel products covered by the Agreement;
   WHEREAS this Agreement should be complemented by the cooperation between the Parties in respect of their steel industries, including appropriate exchanges of information, within the Contact Group as foreseen in Article 17(2) of the PCA,
   HAVE AGREED AS FOLLOWS:
   Article 1
   1.   This Agreement applies to trade in (former ECSC) steel products.
   2.   Trade in steel products set out in Annex I may be subject to quantitative limits.
   3.   Trade in steel products not set out in Annex I shall not be subject to quantitative limits.
   4.   In the case of steel products and subject matters which are not covered by this Agreement, the relevant provisions of the PCA shall apply.
   Article 2
   1.   The Parties agree to establish and maintain for each calendar year quantitative limits on the Kazakh exports to the Community as set out in Annex II for the products set out in Annex I. Such exports shall be subject to a double-checking system as specified in Protocol A.
   2.   The Parties reiterate their commitment to achieve complete liberalisation of trade in respect of the steel products mentioned in Annex I provided that compatible competitive conditions have been established.
   3.   Quantitative restrictions, customs duties, charges or any similar measures on the export of ferrous scrap and waste under the Combined Nomenclature heading 7204 are prohibited among the Parties.
   4.   The Parties agree that imports into the Community from Kazakhstan of products mentioned in Annex I as from
            1.1.2005

            until the entry into force of this Agreement shall be deducted from the quantitative limits set out in Annex II.
   5.   Imports of quantities in excess of those mentioned in Annex II shall be authorised where the Community industry is unable to meet the internal demand which results in a shortage of supply for one or more products mentioned in Annex I. Consultations shall take place immediately at the request of either Party to determine the level of the shortage on the basis of objective evidence. Following the conclusions of the consultations, the Community shall instigate its internal procedures to increase the quantities set out in Annex II.
   6.   In the case where countries candidate for membership of the European Union would accede before the termination of this Agreement, the Parties agree to consider to increase the quantitative limits set out in Annex II.
   7.   Either Party may, at any time, request consultations concerning:

               —

               the levels of the quantitative limits set out in Annex II, where the conditions in respect of the products mentioned in Annex I have substantially deteriorated or improved,

               —

               the possibility of transferring unused amounts from under-utilised product groups to other groups.

         Article 3
   1.   Imports into the customs territory of the Community for free circulation of steel products mentioned in Annex I shall be subject to the presentation of an import authorisation issued by the competent authority of a Member State based on the production of an export licence issued by the authorities of Kazakhstan and to a certificate of origin in accordance with the provisions of Protocol A.
   2.   Imports into the customs territory of the Community of steel products mentioned in Annex I shall not be subject to the quantitative limits set out in Annex II provided they are declared to be for re-export outside the Community in the same state or after processing, within the administrative system of control which exists within the Community.
   3.   Carryover to the corresponding quantitative limits for the following calendar year of the amounts of quantitative limits set out in Annex II not used during the first calendar year is authorised up to 10 % of the relevant quantitative limit for the year in which it was not used. Kazakhstan shall notify the Community no later than 31 March of the following year if it intends to make use of this provision.
   4.   The quantitative limit for a given product group can be adjusted once in the course of a calendar year up to 10 % of the quantitative limit for a given product group, subject to the consent of both Parties. Any adjustments to the quantitative limits resulting from transfers shall only affect the calendar year in progress. At the start of the following calendar year, the quantitative limits shall be those shown at Annex II, without prejudice to the provisions of paragraph 3 above. Kazakhstan shall notify the Community no later than 31 May if it intends to make use of this provision.
   Article 4
   1.   With a view to rendering the double-checking system as effective as possible and to minimise the possibilities for abuse and circumvention:

               —

               the Kazakh authorities shall inform the Community authorities by the 28th of each month of the export licences issued during the preceding month,

               —

               the Community authorities shall inform the Kazakh authorities by the 28th of each month of the import authorisations issued during the preceding month.

         In the event of any significant discrepancy taking account of the time factors involved in respect of such information, either Party may request consultations which shall be opened immediately.
   2.   Without prejudice to paragraph 1 and with a view to ensuring the effective functioning of this Agreement, both Parties agree to take all necessary steps to prevent, to investigate and to take any necessary legal and/or administration action against circumvention by transhipment, re-routing, false declaration concerning the country or place of origin, falsification of documents, false declaration concerning quantities description or classification of merchandise and by whatever other means. Accordingly, the Parties agree to establish the necessary legal provisions and administrative procedures permitting effective action to be taken against such circumvention, which shall include the adoption of legally binding corrective measures against exporters and/or importers involved.
   3.   Should either Party believe on the basis of information available that this Agreement is being circumvented, it may request consultations with the other Party which shall be held immediately.
   4.   Pending the results of the consultations referred to in paragraph 3, and if requested by the Community and on provision of sufficient evidence, Kazakhstan shall ensure that any adjustments of the quantitative limits which may result from such consultations, are carried out for the calendar year in which the request for consultations under paragraph 3 was made, or for the following year, if the limit for that calendar year is exhausted.
   5.   Should the Parties be unable in the course of the consultations referred to in paragraph 3 to reach a mutually satisfactory solution, the Community shall have the right, where there is sufficient evidence that steel products covered by this Agreement originating in Kazakhstan have been imported in circumvention of this Agreement, to set off the relevant quantities against the quantitative limits set out in Annex II.
   6.   Should the Parties be unable in the course of the consultations referred to in paragraph 3 to reach a mutually satisfactory solution, the Community shall have the right, where sufficient evidence shows false declaration concerning quantities description or classification has occurred, to refuse to import the products in question.
   7.   The Parties agree to cooperate fully to prevent and to address effectively all problems arising from circumvention of this Agreement.
   Article 5
   1.   The quantitative limits set out in Annex II on imports into the Community of the steel products set out in Annex I shall not be broken down by the Community into regional shares.
   2.   The Parties shall cooperate in order to prevent sudden and prejudicial changes in traditional trade flows into the Community. Should a sudden and prejudicial change in traditional trade flows arise (including regional concentration or the loss of traditional supplies), the Community will be entitled to request consultations in order to find a satisfactory solution to the problem. Such consultations shall be held immediately.
   3.   Kazakhstan shall endeavour to ensure that exports into the Community of steel products mentioned in Annex I are spaced out as evenly as possible over the year. Should a sudden and prejudicial surge of imports arise, the Community will be entitled to request consultations in order to find a satisfactory solution to the problem. Such consultations shall be held immediately.
   4.   In addition to the obligation contained in paragraph 3, where licences issued by the Kazakh authorities have reached 90 % of the quantitative limits for the calendar year in question, either Party may request consultations concerning the quantitative limits for that year. Such consultations shall be held immediately. Pending the outcome of such consultations the Kazakh authorities may continue to issue export licences for the products covered by this Agreement provided they do not exceed the quantities set out in Annex II.
   Article 6
   1.   Where any product covered by this Agreement is being imported into the Community from Kazakhstan under such conditions as to cause or threaten to cause substantial injury to Community producers of like products, the Community shall supply Kazakhstan with all relevant information with a view to seeking a solution acceptable to both Parties. The Parties shall commence consultations immediately.
   2.   Should the consultations referred to in paragraph 1 fail to lead to agreement within 30 days of the Community's request for consultations, the Community may utilise the right to take action concerning safeguard measures pursuant to the provisions of the PCA.
   3.   Notwithstanding the provisions of this Agreement, the provisions of Article 13.6 of the PCA shall apply.
   Article 7
   1.   The classification of the products covered by this Agreement is based on the tariff and statistical nomenclature of the Community (hereinafter called the combined nomenclature, or in abbreviated form CN) and any amendments thereof. Any amendment to the combined nomenclature made in accordance with the procedures in force in the Community concerning the products covered by this Agreement or any decision relating to the classification of goods shall not have the effect of reducing the quantitative limits set out in Annex II.
   2.   The origin of the products covered by this Agreement shall be determined in accordance with the rules in force in the Community. Any amendment to these rules of origin shall be communicated to Kazakhstan and shall not have the effect of reducing the quantitative limits set out in Annex II. The procedures for control of the origin of the products referred to above are laid down in Protocol A.
   Article 8
   1.   Without prejudice to the periodic exchange of information on export licences and import authorisations pursuant to Article 4(1), the Parties agree to exchange full statistical information relating to the products mentioned in Annex I at appropriate intervals taking account of the shortest periods in which the information in question is prepared which shall cover export licences and import authorisations issued pursuant to Article 3, import and export statistics in respect of the products in question.
   2.   Either Party may request consultations in the event of any significant discrepancy between the information exchanged.
   Article 9
   1.   Without prejudice to provisions concerning consultations foreseen in respect of specific circumstances in preceding Articles, consultations shall be held on any problems arising from the application of this Agreement at the request of either of the Parties. Any consultations shall take place in a spirit of cooperation and with a desire to reconcile the differences between the Parties.
   2.   Where this Agreement provides that consultations shall be held immediately, the Contracting Parties undertake to use all reasonable means to ensure that this is achieved.
   3.   All other consultations shall be governed by the following provisions:

               —

               any request for consultations shall be notified in writing to the other Party,

               —

               where appropriate, the request shall be followed within a reasonable period by a report setting out the reasons for the consultations,

               —

               consultations shall begin within one month from the date of the request,

               —

               consultations shall arrive at a mutually acceptable result within one month of their commencement, unless the period is extended by agreement between the Parties.

         4.   Specific additional consultations may also be held by agreement between the Parties.
   Article 10
   Both Parties aim at achieving complete liberalisation of trade in steel products and recognise that it is an important condition for promoting trade between them that competition, State aid and environment provisions applicable within each Party must be compatible. To this end, and upon request from Kazakhstan, the Community shall provide technical assistance to help Kazakhstan to adopt and implement legislative provisions compatible with those adopted and applied by the Community. Such assistance shall be specified in projects to be agreed by both Parties and identifying clearly,
         inter alia

         , the objectives, the means and the calendar.
   Article 11
   1.   This Agreement shall enter into force on the day of its signature. It shall be applicable until
            31 December 2006

            unless it is denounced or terminated in accordance with, respectively, the provisions of paragraph 3 or 4.
   2.   Either Party may at any time propose modifications to this Agreement which at the request of either Party shall be the subject of consultations.
   3.   Either Party may denounce this Agreement, provided that at least six months' notice is given. In that event, the Agreement shall come to an end on the expiry of the period of notice and the quantitative limits in the Community established in Annex II shall be reduced on a pro rata basis up to the date on which denunciation takes effect unless the Parties decide otherwise.
   4.   In the event that Kazakhstan accedes to the WTO before the expiration of this Agreement, the Agreement shall be terminated as of the date of accession.
   5.   The Community reserves the right at all times to take all appropriate measures including, where the Parties are unable to reach a mutually satisfactory solution in the consultations foreseen in previous Articles or where this Agreement is denounced by either Party, the reintroduction of a system of autonomous quotas in respect of exports from Kazakhstan of the products mentioned in Annex I.
   6.   The Annexes, the Agreed Minute and Protocol A annexed to this Agreement shall form an integral part thereof.
   Article 12
   This Agreement shall be drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish, Swedish, Kazakh and Russian languages, each of these texts being equally authentic.

      Hecho en Bruselas, el diecinueve de julio del dos mil cinco.
      V Bruselu dne devatenáctého července dva tisíce pět.
      Udfærdiget i Bruxelles den nittende juli to tusind og fem.
      Geschehen zu Brüssel am neunzehnten Juli zweitausendfünf.
      Kahe tuhande viienda aasta juulikuu üheksateistkümnendal päeval Brüsselis.
      Έγινε στις Βρυξέλλες, στις δεκαεννέα Ιουλίου δύο χιλιάδες πέντε.
      Done at Brussels on the nineteenth day of July in the year two thousand and five.
      Fait à Bruxelles, le dix-neuf juillet deux mille cinq.
      Fatto a Bruxelles, addi' diciannove luglio duemilacinque.
      Briselē, divtūkstoš piektā gada deviņpadsmitajā jūlijā.
      Priimta du tūkstančiai penktų metų liepos devynioliktą dieną Briuselyje.
      Kelt Brüsszelben, a kettőezer ötödik év július tizenkilencedik napján.
      Magħmul fi Brussel, fid-dsatax jum ta' Lulju tas-sena elfejn u ħamsa.
      Gedaan te Brussel, de negentiende juli tweeduizend vijf.
      Sporządzono w Brukseli dnia dziewiętnastego lipca roku dwutysięcznego piątego.
      Feito em Bruxelas, em dezanove de Julho de dois mil e cinco.
      V Bruslju, devetnajstega julija leta dva tisoč pet.
      V Bruseli dňa devätnásteho júla dvetisícpäť.
      Tehty Brysselissä yhdeksäntenätoista päivänä heinäkuuta vuonna kaksituhattaviisi.
      Som skedde i Bryssel den nittonde juli tjugohundrafem.

      Совершено в городе Брюсселе девятнадцатого іюля две тысячі пятого года.

         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         az Európai Közösség részéről
         Għall-Komunità Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         På Europeiska gemenskapens vägnar

         За Европейское сообщество

         Por el Gobierno de la República de Kazajstán
         Za vládu Republiky Kazachstán
         For regeringen for Republikken Kasakhstan
         Im Namen der Regierung der Republik Kasachstan
         Kasahstani Vabariigi valitsuse nimel
         Για την κυβέρνηση της Δημοκρατίας του Καζακστάν
         For the Government of the Republic of Kazakhstan
         Pour le gouvernement de la République du Kazakhstan
         Per il governo della Repubblica del Kazakstan
         Kazahstānas Republikas valdības vārdā
         Kazachstano Respublikos Vyriausybės vardu
         a Kazah Köztársaság Kormánya részéről
         Għall-Gvern tar-Repubblika tal-Kazakastan
         Voor de regering van de Republiek Kazachstan
         W imieniu rządu Republiki Kazachstanu
         Pelo Governo da República do Cazaquistão
         Za vládu Kazašskej republiky
         Za Vlado Republike Kazahstan
         Kazakstanin tasavallan hallituksen puolesta
         På Republiken Kazakstans regerings vägnar

         За Правительство Республікі Казахстан

      (1)  OJ L 196, 28.7.1999, p. 3

               .
   ANNEX I
   SA Flat-rolled products
   SA1. Coils

               7208100000

               7208250000

               7208260000

               7208270000

               7208360000

               7208370010

               7208370090

               7208380010

               7208380090

               7208390010

               7208390090

               7211140010

               7211190010

               7219110000

               7219121000

               7219129000

               7219131000

               7219139000

               7219141000

               7219149000

               7225200010

               7225301000

               7225309000

         SA2. Heavy Plate

               7208400010

               7208512010

               7208512091

               7208512093

               7208512097

               7208512098

               7208519110

               7208519190

               7208519810

               7208519891

               7208519899

               7208529110

               7208529190

               7208521000

               7208529900

               7208531000

               7211130000

         SA3. Other flat rolled products

               7208400090

               7208539000

               7208540000

               7208900010

               7209150000

               7209161000

               7209169000

               7209171000

               7209179000

               7209181000

               7209189100

               7209189900

               7209250000

               7209261000

               7209269000

               7209271000

               7209279000

               7209281000

               7209289000

               7209900010

               7210110010

               7210122010

               7210128010

               7210200010

               7210300010

               7210410010

               7210490010

               7210500010

               7210610010

               7210690010

               7210701010

               7210708010

               7210903010

               7210904010

               7210908091

               7211140090

               7211190090

               7211232010

               7211233010

               7211233091

               7211238010

               7211238091

               7211290010

               7211900011

               7212101000

               7212109011

               7212200011

               7212300011

               7212402010

               7212402091

               7212408011

               7212502011

               7212503011

               7212504011

               7212506111

               7212506911

               7212509013

               7212600011

               7212600091

               7219211000

               7219219000

               7219221000

               7219229000

               7219230000

               7219240000

               7219310000

               7219321000

               7219329000

               7219331000

               7219339000

               7219341000

               7219349000

               7219351000

               7219359000

               7225401290

               7225409000

         ANNEX II
   QUANTITATIVE LIMITS

               (Tonnes)

               Products

               2005

               2006

               SA. Flat products

               SA1. Coils

               85 000

               87 125

               SA2. Heavy plate

               0

               0

               SA3. Other flat products

               115 000

               117 875

         AGREED MINUTE
   In the context of this Agreement, the Parties agree that:

               —

               in pursuance of the exchange of information foreseen in Article 4(1) concerning export licences and import authorisations the parties will supply that information by reference to the Member States in addition to the Community as a whole,

               —

               pending the satisfactory outcome of the consultations foreseen by Article 5(2), Kazakhstan will cooperate, if so requested by the Community, by not issuing export licences that would further aggravate the problems resulting from sudden and prejudicial changes in traditional trade flows; and

               —

               Kazakhstan will take due account of the sensitive nature of small regional markets within the Community both as regards their traditional needs for supplies and the avoidance of regional concentrations.

         PROTOCOL A
   TITLE I
   CLASSIFICATION
   Article 1
   1.   The competent authorities of the Community undertake to inform Kazakhstan of any changes in the combined nomenclature (CN) in respect of products covered by the Agreement before the date of their entry into force in the Community.
   2.   The competent authorities of the Community undertake to inform the competent authorities of Kazakhstan of any decisions relating to the classification of products covered by the Agreement within one month of their adoption at the latest.
   Such a description shall include:

               (a)

               a description of the products concerned;

               (b)

               the relevant CN codes;

               (c)

               the reasons which have led to the decision.

         3.   Where a decision on classification results in a change of classification practice of any product covered by the Agreement, the competent authorities of the Community shall provide 30 days' notice, from the date of the Community's communication, before the decision is put into effect. Products shipped before the date of entry into effect of the decision shall remain subject to the earlier classification practice, provided that the goods in question are presented for importation into the Community within 60 days of that date.
   4.   Where a Community decision on classification resulting in a change of classification practice of any product covered by the Agreement affects a category subject to quantitative limits, the Parties agree to enter into consultations in accordance with the procedures described in Article 9(3) of the Agreement with a view to honouring the obligation contained in Article 7(1) of the Agreement.
   5.   In case of divergent opinions between the competent authorities of Kazakhstan and the Community at the point of entry into the Community on the classification of products covered by the Agreement, classification shall provisionally be based on indications provided by the Community, pending consultations in accordance with Article 9 of the Agreement with a view to reaching agreement on the definitive classification of the products concerned.
   TITLE II
   ORIGIN
   Article 2
   1.   Products originating in Kazakhstan according to the Community Regulations in force for export to the Community in accordance with the arrangements established by the Agreement shall be accompanied by a certificate of Kazakh origin conforming to the model annexed to this Protocol.
   2.   The certificate of origin shall be certified by the Kazakh organisations authorised for such purposes under Kazakh legislation as to whether the products in question can be considered as products originating in Kazakhstan.
   Article 3
   The certificate of origin shall be issued only on application having been made in writing by the exporter or, under the exporter's responsibility, by his authorised representative. The Kazakh organisations authorised for such purposes under Kazakh legislation shall ensure that the certificate of origin is properly completed and for this purpose they shall call for any necessary documentary evidence or carry out any check which they consider appropriate.
   Article 4
   The discovery of slight discrepancies between the statements made in the certificate of origin and those made in the documents produced to the customs office for the purpose of carrying out the formalities for importing the products shall not ipso facto cast doubt upon the statements in the certificate.
   TITLE III
   DOUBLE-CHECKING SYSTEM FOR PRODUCTS SUBJECT TO QUANTITATIVE LIMITS
   SECTION I
   Exportation
   Article 5
   The appropriate Kazakh governmental authorities shall issue an export licence in respect of all consignments from Kazakhstan of steel products covered by the Agreement up to the quantitative limits set out in Annex II of the Agreement.
   Article 6
   1.   The export licence shall conform to the model annexed to this Protocol and it shall be valid for exports throughout the customs territory of the Community.
   2.   Each export licence must certify, inter alia, that the quantity of the product in question has been set off against the relevant quantitative limit established for the product concerned in Annex II of the Agreement.
   Article 7
   The competent authorities of the Community must be informed immediately of the withdrawal or modification of any export licence already issued.
   Article 8
   1.   Exports shall be set off against the quantitative limits established for the year in which the shipment of goods has been effected even if the export licence is issued after such shipment.
   2.   For the purposes of applying paragraph 1, shipment of goods is considered to have taken place on the date of their loading onto the exporting means of transport.
   Article 9
   The presentation of an export licence, in application of Article 11, shall be effected not later than 31 March of the year following that in which the goods covered by the licence have been shipped.
   SECTION II
   Importation
   Article 10
   The release for free circulation into the Community of steel products subject to quantitative limits shall be subject to the presentation of an import authorisation.
   Article 11
   1.   The competent authorities of the Community shall issue the import authorisation referred to in Article 10 within 10 working days of the presentation by the importer of the original of the corresponding export licence.
   2.   The import authorisations shall be valid for four months from the date of their issue for imports throughout the customs territory of the Community.
   3.   The competent authorities of the Community shall cancel the import authorisation already issued whenever the corresponding export licence has been withdrawn. However, if the competent authorities of the Community are notified of the withdrawal or the cancellation of the export licence only after the release for free circulation of the products into the Community, the relevant quantities shall be set off against the limits established for the product.
   Article 12
   If the competent authorities of the Community find that the total quantities covered by export licences issued by the competent authorities of Kazakhstan exceed the relevant quantitative limit established for products covered by Annex II of the Agreement the Community authorities shall suspend the further issue of import authorisations in respect of products covered by the quantitative limit in question. In this event, the competent authorities of the Community shall immediately inform the authorities of Kazakhstan and immediate consultations pursuant to Article 9(2) of the Agreement shall be initiated.
   TITLE IV
   FORM AND PRODUCTION OF EXPORT LICENCES AND CERTIFICATES OF ORIGIN, AND COMMON PROVISIONS CONCERNING EXPORTS TO THE COMMUNITY
   Article 13
   1.   The export licence and the certificate of origin may comprise additional copies duly indicated as such. They shall be made out in English. If they are completed by hand, entries must be in ink and in block letters.
   These documents shall measure 210 x 297 mm. The paper used shall be white writing paper, sized, not containing mechanical pulp, and weighing not less than 25 g/m2. If the documents have several copies only the top copy, which is the original, shall be printed with the guilloche pattern background. This copy shall be clearly marked ‘original’ and the other copies ‘copies’. Only the original shall be accepted by the competent authorities of the Community as being valid for the purpose of export to the Community in accordance with the provisions of the Agreement.
   2.   Each document shall bear a standardised serial number, whether or not printed, by which it can be identified.
   This number shall be composed of the following elements:

               —

               two letters identifying the exporting country as follows:

                           KZ

                           =

                           Kazakhstan,

               —

               two letters identifying the intended Member State of customs clearance as follows:

                           BE

                           =

                           Belgium

                           CZ

                           =

                           Czech Republic

                           DK

                           =

                           Denmark

                           DE

                           =

                           Germany

                           EE

                           =

                           Estonia

                           EL

                           =

                           Greece

                           ES

                           =

                           Spain

                           FR

                           =

                           France

                           IE

                           =

                           Ireland

                           IT

                           =

                           Italy

                           CY

                           =

                           Cyprus

                           LV

                           =

                           Latvia

                           LT

                           =

                           Lithuania

                           LU

                           =

                           Luxembourg

                           HU

                           =

                           Hungary

                           MT

                           =

                           Malta

                           NL

                           =

                           Netherlands

                           AT

                           =

                           Austria

                           PL

                           =

                           Poland

                           PT

                           =

                           Portugal

                           SI

                           =

                           Slovenia

                           SK

                           =

                           Slovakia

                           FI

                           =

                           Finland

                           SE

                           =

                           Sweden

                           GB

                           =

                           United Kingdom,

               —

               a one-digit number identifying the year in question corresponding to the last figure in the year, e.g. ‘5’ for 2005,

               —

               a two-digit number from 01 to 99, identifying the particular issuing office concerned in exporting country,

               —

               a five-digit number running consecutively from 00001 to 99999 allocated to the intended Member State of customs clearance.

         Article 14
   The export licence and the certificate of origin may be issued after the shipment of the products to which they relate. In such cases, they must bear the endorsement ‘issued retrospectively’.
   Article 15
   1.   In the event of theft, loss or destruction of an export licence or a certificate of origin, the exporter may apply to the Kazakh governmental authorities competent to issue licences or to the Kazakh organisations authorised to issue certificates of origin under Kazakh legislation, respectively, for a duplicate to be made out on the basis of the export documents in his possession. The duplicate of any such certificate or licence so issued shall bear the endorsement ‘duplicate’.
   2.   The duplicate shall bear the date of the original export licence or certificate of origin.
   TITLE V
   ADMINISTRATIVE COOPERATION
   Article 16
   The Parties shall cooperate closely in the implementation of the provisions of this Protocol. To this end, contacts and exchanges of views, including on technical matters, shall be facilitated by both Parties.
   Article 17
   In order to ensure the correct application of this Protocol, the Parties shall offer mutual assistance for the checking of the authenticity and the accuracy of export licences and certificates of origin issued or of any declarations made within the terms of this Protocol.
   Article 18
   Kazakhstan shall send the Community (European Commission) the names and addresses of the competent Kazakh authorities which are authorised to issue and to verify export licences and certificates of origin together with specimens of the stamps and signatures they use. Kazakhstan shall also notify the Community (European Commission) of any change in this information.
   Article 19
   1.   Subsequent verification of certificates of origin or export licences shall be carried out at random, or whenever the competent Community authorities have reasonable doubt as to the authenticity of the certificate or licence or as to the accuracy of the information regarding the true origin of the products in question.
   2.   In such cases, the competent authorities in the Community shall return the certificate of origin or the export licence or a copy thereof to the appropriate Kazakh authorities giving, where appropriate, the reasons of form or substance which justify an enquiry. If the invoice has been submitted, such invoice or a copy thereof shall be attached to the certificate or to the licence or their copies. The authorities shall also forward any information that has been obtained suggesting that the particulars given on the said certificate or licence are inaccurate.
   3.   The provisions of paragraph 1 shall also apply to subsequent verifications of the certificates of origin provided for in Article 2.
   4.   The results of the subsequent verifications carried out in accordance with paragraphs 1 and 2 shall be communicated to the competent authorities of the Community within three months at the latest. The information communicated shall indicate whether the disputed certificate, licence or declaration, applies to the goods actually exported and whether these goods are eligible for export under the arrangements established by the Agreement. The information shall also include, at the request of the Community, copies of all the documentation necessary to fully determine the facts, and in particular the true origin of the goods.
   Should such verifications reveal systematic irregularities in the use of certificates of origin, the Community may subject imports of the products in question to the provisions of Article 2(1).
   5.   For the purpose of subsequent verification of certificates of origin, copies of the certificates as well as any export documents referring to them shall be kept by the appropriate Kazakh authorities for at least one year following the end of the Agreement.
   6.   Recourse to the random verification procedure specified in this Article must not constitute an obstacle to the release for free circulation of the products in question.
   Article 20
   1.   Where the verification procedure referred to in Article 19 or where information available to the competent authorities of the Community or of Kazakhstan indicates or appears to indicate that the provisions of the Agreement are being circumvented or infringed, the two Parties shall cooperate closely and with the appropriate urgency in order to prevent any such circumvention or infringement.
   2.   To this end, the appropriate Kazakh authorities shall, on their own initiative or at the request of the Community, carry out appropriate inquiries, or arrange for such inquiries to be carried out, concerning operations which are, or appear to the Community to be, in circumvention or infringement of this Protocol. Kazakhstan shall communicate the results of these inquiries to the Community, including any other pertinent information enabling the cause of the circumvention or infringement, including the true origin of the goods to be determined.
   3.   By agreement between the Parties, officials designated by the Community may be present at the inquiries referred to in paragraph 2.
   4.   In pursuance of the cooperation referred to in paragraph 1, the competent authorities of the Community and Kazakhstan shall exchange any information considered by either Party to be of use in preventing circumvention or infringement of the provisions of the Agreement. These exchanges may include information on the trade in the type of products covered by the Agreement between Kazakhstan and third countries, particularly where the Community has reasonable grounds to consider that the products in question may be in transit across the territory of Kazakhstan prior to their importation into the Community. This information may include, at the request of the Community, copies of all relevant documentation, where available.
   5.   Where sufficient evidence shows that the provisions of this Protocol have been circumvented or infringed, the competent authorities of Kazakhstan and the Community may agree to take any measures as are necessary to prevent a recurrence of such circumvention or infringement.


/* 64/352/EEC: Decision of 25 February 1964 of the Representatives of the Governments of the Member States of the European Economic Community, meeting within the Council, concerning import duties levied on certain tropical products */


Avis juridique important

|

31989D0619

89/619/EEC, Euratom, ECSC: Commission Decision of 29 November 1989 adjusting the weightings applicable from 1 November 1989 to the remuneration of officials of the European Communities serving in non-member countries

Official Journal L 356 , 06/12/1989 P. 0020 - 0021

*****COMMISSION  DECISION  of 29 November 1989  adjusting the weightings applicable from 1 November 1989 to the remuneration of officials of the European Communities serving in non-member countries  (89/619/EEC, Euratom, ECSC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities,  Having regard to the Staff Regulations of officials of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (EEC, Euratom, ECSC) No 2187/89 (2), and in particular the second paragraph of Article 13 of Annex X thereto,  Whereas, pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations, Council Regulation (EEC, Euratom, ECSC) No 2899/89 (3) laid down the weightings to be applied from 1 July 1989 to the remuneration of officials serving in non-member countries payable in the currency of their country of employment;  Whereas the Commission has made a number of adjustments to these weightings in recent months, pursuant to the second paragraph of Article 13 of Annex X to the Staff Regulations (4);  Whereas some of these weightings should be adjusted with effect from 1 November 1989 given that the statistics available to the Commission show that in certain non-member countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down or adjusted,  HAS DECIDED AS FOLLOWS:  Sole Article  With effect from 1 November 1989 the weightings applicable to the remuneration of officials serving in non-member countries payable in the currency of their country of employment are adjusted as shown in the Annex.  The exchange rates for the payment of such remuneration shall be those used for implementation of the budget of the European Communities during the month preceding the date on which this Decision takes effect.  Done at Brussels, 29 November 1989.  For the Commission  António CARDOSO E CUNHA  Member of the Commission  (1) OJ No L 56, 4. 3. 1968, p. 1.  (2) OJ No L 209, 21. 7. 1989, p. 1.  (3) OJ No L 279, 28. 9. 1989, p. 30.  (4) OJ No L 203, 15. 7. 1989, p. 55; OJ No L 324, 9. 11. 1989, p. 31 and OJ No L 331, 6. 11. 1989, p. 49.  ANNEX  1.2 //  //  // Country of employment  // Weighting   //  //   // Botswana   // 56,24   // Brazil   // 55,19  // Burundi   // 82,62   // Jordan   // 69,08   // Lebanon  // 36,05   // Uganda   // 138,81   // Sierra Leone   // 86,05  // Somalia   // 35,90   // Sudan   // 148,83   // Syria  // 207,55   // Uruguay   // 59,00   // Venezuela   // 48,56  // Yugoslavia   // 25,79   // Zambia   // 70,27   //    //


title: Decision (EU) 2016/1476 of the European Parliament of 28 April 2016 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2014, Section VI — European Economic and Social Committee

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/147

         DECISION (EU) 2016/1476 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on discharge in respect of the implementation of the general budget of the European Union for the financial year 2014, Section VI — European Economic and Social Committee
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2014 (1),

               —

               having regard to the consolidated annual accounts of the European Union for the financial year 2014 (COM(2015) 377 – C8-0204/2015) (2),

               —

               having regard to the Court of Auditors’ annual report on the implementation of the budget concerning the financial year 2014, together with the institutions’ replies (3),

               —

               having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2014, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to Article 314(10) and Articles 317, 318 and 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 (5), and in particular Articles 55, 99, 164, 165 and 166 thereof,

               —

               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 (A8-0111/2016),

               1.

               Grants the Secretary-General of the European Economic and Social Committee discharge in respect of the implementation of the budget of the European Economic and Social Committee for the financial year 2014;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this decision and the resolution forming an integral part of it to the European Economic and Social Committee, the European Council, the Council, the Commission and the Court of Auditors, the European Ombudsman, the European Data Protection Supervisor and the European External Action Service, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 51, 20.2.2014.

      (2)  OJ C 377, 13.11.2015, p. 1.

      (3)  OJ C 373, 10.11.2015, p. 1.

      (4)  OJ C 377, 13.11.2015, p. 146.

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


title: Council Decision (CFSP) 2017/689 of 11 April 2017 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran

text:
               12.4.2017

               EN

               Official Journal of the European Union

               L 99/21

         COUNCIL DECISION (CFSP) 2017/689
   of 11 April 2017
   amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 12 April 2011, the Council adopted Decision 2011/235/CFSP (1).

               (2)

               On the basis of a review of Decision 2011/235/CFSP, the restrictive measures therein should be renewed until 13 April 2018.

               (3)

               The Council has also concluded that the entries concerning certain persons included in the Annex to Decision 2011/235/CFSP should be updated.

               (4)

               Decision 2011/235/CFSP should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   In Article 6 of Decision 2011/235/CFSP, paragraph 2 is replaced by the following:

      ‘2.   This Decision shall apply until 13 April 2018. It shall be kept under constant review. It shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.’.

   Article 2
   The Annex to Decision 2011/235/CFSP is amended as set out in the Annex to this Decision.
   Article 3
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 11 April 2017.

            For the Council

            The President

         L. GRECH

      (1)  Council Decision 2011/235/CFSP of 12 April 2011 concerning restrictive measures directed against certain persons and entities in view of the situation in Iran (OJ L 100, 14.4.2011, p. 51).

      ANNEX
      The following entries replace the entries concerning the persons listed below, set out in the Annex to Decision 2011/235/CFSP.

                     Name

                     Identifying information

                     Reasons

                     Date of listing

                     ‘20.

                     MOGHISSEH Mohammad (a.k.a. NASSERIAN)

                     Judge, Head of Tehran Revolutionary Court, branch 28. Also considered responsible for condemnations of members of the Baha'i community. He has dealt with post-election cases. He issued long prison sentences during unfair trials for social, political activists and journalists and several death sentences for protesters and social and political activists.

                     12.4.2011

                     22.

                     MORTAZAVI Said

                     POB: Meybod, Yazd (Iran)
                     DOB: 1967

                     Former Prosecutor General of Tehran until August 2009. As Tehran Prosecutor General, he issued a blanket order used for the detention of hundreds of activists, journalists and students. In January 2010 a parliamentary investigation held him directly responsible for the detention of three prisoners who subsequently died in custody. He was suspended from office in August 2010 after an investigation by the Iranian judiciary into his role in the deaths of the three men detained on his orders following the election. In November 2014, his role in the deaths of detainees was officially recognised by the Iranian authorities. He was acquitted by an Iranian Court on 19 August 2015, on charges connected to the torture and deaths of three young men at the Kahrizak detention centre in 2009.

                     12.4.2011

                     23.

                     PIR-ABASSI Abbas

                     Magistrate of a Criminal chamber. Former Judge, Tehran Revolutionary Court, branch 26. He was in charge of post-election cases, he issued long prison sentences during unfair trials against human rights activists and issued several death sentences for protesters.

                     12.4.2011

                     25.

                     SALAVATI Abdolghassem

                     Judge, Head of Tehran Revolutionary Court, branch 15. Committing Judge in the Tehran Tribunal. In charge of the post-election cases, he was the Judge presiding the “show trials” in summer 2009, he condemned to death two monarchists that appeared in the show trials. He has sentenced more than a hundred political prisoners, human rights activists and demonstrators to lengthy prison sentences.

                     12.4.2011

                     33.

                     ABBASZADEH-MESHKINI, Mahmoud

                     Secretary of the Human Right Council. Former governor of Ilam Province. Former Interior Ministry's political director. As Head of the Article 10 Committee of the Law on Activities of Political Parties and Groups he was in charge of authorising demonstrations and other public events and registering political parties.
                     In 2010, he suspended the activities of two reformist political parties linked to Mousavi — the Islamic Iran Participation Front and the Islamic Revolution Mujahedeen Organisation.
                     From 2009 onwards he has consistently and continuously prohibited all non-governmental gatherings, therefore denying a constitutional right to protest and leading to many arrests of peaceful demonstrators in contravention of the right to freedom of assembly.
                     He also denied in 2009 the opposition a permit for a ceremony to mourn people killed in protests over the Presidential elections.

                     10.10.2011

                     35.

                     AKHARIAN Hassan

                     Former keeper of Ward 1 of Radjaishahr prison, Karadj. Several former detainees have denounced the use of torture by him, as well as orders he gave to prevent inmates receiving medical assistance. According to a transcript of one reported detainee in the Radjaishahr prison, wardens all beat him severely, with Akharian's full knowledge. There is also at least one reported case of the death of a detainee, Mohsen Beikvand, under Akharian's wardenship.

                     10.10.2011

                     36.

                     AVAEE Seyyed Ali-Reza (Aka: AVAEE Seyyed Alireza)

                     Director of the special investigations office. Until July 2016 deputy Minister of Interior and head of the Public register. Advisor to the Disciplinary Court for Judges since April 2014. Former President of the Tehran Judiciary. As President of the Tehran Judiciary he has been responsible for human rights violations, arbitrary arrests, denials of prisoners' rights and an increase in executions.

                     10.10.2011

                     38.

                     FIRUZABADI Maj-Gen Dr Seyyed Hasan (Aka: FIRUZABADI Maj-Gen Dr Seyed Hassan; FIROUZABADI Maj-Gen Dr Seyyed Hasan; FIROUZABADI Maj-Gen Dr Seyed Hassan)

                     POB: Mashad.
                     DOB: 3.2.1951

                     As former Chief of Staff of Iran's Armed Forces, he was the highest military commander responsible for directing all military divisions and policies, including the Islamic Revolutionary Guards Corps (IRGC) and police. Forces under his formal chain of command brutally suppressed peaceful protestors and perpetrated mass detentions.
                     Also member of the Supreme National Security Council (SNSC) and the Expediency Council.

                     10.10.2011

                     39.

                     GANJI Mostafa Barzegar

                     Former Prosecutor-General of Qom. Likely to be currently in a process of reassignment to another function. He is responsible for the arbitrary detention and maltreatment of dozens of offenders in Qom. He is complicit in a grave violation of the right to due process, contributing to the excessive and increasing use of the death penalty and a sharp increase in executions since the beginning of the year.

                     10.10.2011

                     40.

                     HABIBI Mohammad Reza

                     Head of the Ministry of Justice office in Yazd. Former Deputy Prosecutor of Isfahan. Likely to be currently in a process of reassignment to another function. Complicit in proceedings denying defendants a fair trial — such as Abdollah Fathi executed in May 2011 after his right to be heard and mental health issues were ignored by Habibi during his trial in March 2010. He is, therefore, complicit in a grave violation of the right to due process, contributing to the excessive and increasing use of the death penalty and a sharp increase in executions since the beginning of 2011.

                     10.10.2011

                     41.

                     HEJAZI Mohammad

                     POB: Ispahan
                     DOB: 1956

                     General in Pasdaran, he has played a key role in intimidating and threatening Iran's “enemies”, and the bombing of Iraqi Kurdish villages. Former Head of the IRGC's Sarollah Corps in Tehran, and former Head of the Basij Forces, he played a central role in the post-election crackdown of protesters.

                     10.10.2011

                     46.

                     KAMALIAN Behrouz
                     (Aka: Hackers Brain)

                     POB: Tehran
                     DOB: 1983

                     Head of the IRGC- linked “Ashiyaneh” cyber group. The “Ashiyaneh” Digital Security, founded by Behrouz Kamalian, is responsible for an intensive cyber-crackdown both on domestic opponents and reformists and foreign institutions. On 21 June 2009, the internet site of the Revolutionary Guard's Cyber Defence Command 32 posted still images of the faces of 26 people, allegedly taken during post-election demonstrations. Attached was an appeal to Iranians to “identify the rioters”.

                     10.10.2011

                     49.

                     MALEKI Mojtaba

                     Deputy head of the Ministry of Justice in the Khorasan Razavi province. Former prosecutor of Kermanshah. Has played a role in the dramatic increase in death sentences being passed in Iran, including prosecuting the cases of seven prisoners convicted of drug trafficking who were hanged on the same day on 3 January 2010 in Kermanshah's central prison.

                     10.10.2011

                     51.

                     SALARKIA Mahmoud

                     Former director of Tehran Football Club “Persepolis”

                     Head of the Petrol and Transport commission of the City of Tehran. Deputy to the Prosecutor-General of Tehran for Prison Affairs during the crackdown of 2009.
                     As Deputy to the Prosecutor-General of Tehran for Prison Affairs he was directly responsible for many of the arrest warrants against innocent, peaceful protesters and activists. Many reports from human rights defenders show that virtually all those arrested are, on his instruction, held incommunicado without access to their lawyer or families, and without charge, for varying lengths of time, often in conditions amounting to enforced disappearance. Their families are often not notified of the arrest.

                     10.10.2011

                     53.

                     TALA Hossein (Aka: TALA Hosseyn)

                     Former Iranian MP. Former Governor-General (“Farmandar”) of Tehran Province until September 2010, he was responsible for the intervention of police forces and therefore for the repression of demonstrations. He received a prize in December 2010 for his role in the post-election repression.

                     10.10.2011

                     56.

                     BAHRAMI Mohammad- Kazem

                     Head of the administrative justice court. He was complicit in the repression of peaceful demonstrators as head of the judiciary branch of the armed forces.

                     10.10.2011

                     73.

                     FAHRADI Ali

                     Deputy head of Inspectorate of Legal Affairs and Public Inspection of the Ministry of Justice of Tehran. Prosecutor of Karaj. Responsible for grave violations of human rights, including prosecuting trials in which the death penalty is passed. There have been a high number of executions in Karaj region during his time as prosecutor.

                     23.3.2012

                     74.

                     REZVANMA- NESH Ali

                     Deputy prosecutor province of Karaj, region of Alborz. Responsible for grave violation of human rights, including involvement in the execution of a juvenile.

                     23.3.2012

                     76.

                     SADEGHI Mohamed

                     Colonel and Deputy of IRGC technical and cyber intelligence and in charge of the centre of analysis and fight against organised crime within the Pasdaran. Responsible for the arrests and torture of bloggers/journalists.

                     23.3.2012

                     79.

                     RASHIDI AGHDAM, Ali Ashraf

                     Former head of Evin Prison, appointed in mid-2012. Since his appointment, conditions in the prison deteriorated and reports referenced intensified ill-treatment of prisoners. In October 2012, nine female prisoners went on hunger strike in protest of the violation of their rights and violent treatment by prison guards.

                     12.3.2013

                     82.

                     SARAFRAZ, Mohammad (Dr.) (aka: Haj-agha Sarafraz)

                     POB: Tehran
                     DOB: appr. 1963
                     Place of Residence: Tehran

                     Member of the Supreme Cyberspace Council. Former president of the Islamic Republic of Iran Broadcasting (IRIB). Former Head of IRIB World Service and Press TV, responsible for all programming decisions. Closely associated with the state security apparatus. Under his direction Press TV, along with IRIB, has worked with the Iranian security services and prosecutors to broadcast forced confessions of detainees, including that of Iranian-Canadian journalist and film-maker Maziar Bahari, in the weekly programme “Iran Today”. Independent broadcast regulator OFCOM fined Press TV in the UK GBP 100 000  for broadcasting Bahari's confession in 2011, which was filmed in prison whilst Bahari was under duress. Sarafraz therefore is associated with violating the right to due process and fair trial.

                     12.3.2013

                     86.

                     MUSAVI- TABAR, Seyyed Reza

                     Former head of the Revolutionary Prosecution of Shiraz. Responsible for illegal arrests and ill treatment of political activists, journalists, human rights defenders, Baha'is and prisoners of conscience, who were harassed, tortured, interrogated and denied access to lawyers and due process. Musavi-Tabar signed judicial orders in the notorious No 100 Detention Centre (a male prison), including an order to detain female Baha'i prisoner Raha Sabet for three years in solitary confinement.

                     12.3.2013’


title: 2009/798/EC,Euratom: Council Decision of 27 October 2009 appointing one Dutch member of the European Economic and Social Committee

text:
               31.10.2009

               EN

               Official Journal of the European Union

               L 285/41

      COUNCIL DECISION

   of 27 October 2009
   appointing one Dutch member of the European Economic and Social Committee
   (2009/798/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,
   Having regard to Council Decision 2006/651/EC, Euratom (1),
   Having regard to the proposal of the Dutch Government,
   Having regard to the opinion of the Commission,
   Whereas a member’s seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr J.W. VAN DEN BRAAK,
   HAS DECIDED AS FOLLOWS:
   Article 1
   Ms J.A. VAN DEN BANDT-STEL, permanent gedelegeerde VNO-NCW te Brussel (Group I — Employers' Group), as indicated by the Dutch Minister for Economic Affairs is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2010.
   Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Luxembourg, 27 October 2009.

            For the Council

            The President

         C. BILDT

      (1)  OJ L 269, 28.9.2006, p. 13.


Avis juridique important

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31984D0229

84/229/EEC: Commission Decision of 13 April 1984 accepting undertakings given in connection with the anti-dumping proceeding concerning imports of propan-1-ol (propyl alcohol) originating in the United States of America, and terminating that proceeding

Official Journal L 106 , 19/04/1984 P. 0055 - 0058

*****COMMISSION  DECISION  of 13 April 1984  accepting undertakings given in connection with the anti-dumping proceeding concerning imports of propan-1-ol (propyl alcohol) originating in the United States of America, and terminating that proceeding  (84/229/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 3017/79 of 20 December 1979 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), as amended by Regulation (EEC) No 1580/82 (2), and in particular Article 10 thereof,  After consultations within the Advisory Committee as provided for under the above Regulation,  Whereas:  A. Procedure  (1) In September 1983 the Commission received a complaint lodged by the European Council of Chemical Manufacturers' Federations (CEFIC) on behalf of producers representing all Community production of the product in question. The complaint contained evidence of dumping and of material injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding. The Commission accordingly announced, by a notice published in the Official Journal of the European Communities (3), the initiation of an anti-dumping proceeding concerning imports into the Community of propan-1-ol (propyl alcohol) falling within subheading ex 29.04 A II of the Common Customs Tariff, corresponding to NIMEXE code ex 29.04-12 and originating in the United States of America, and commenced an investigation.  (2) The Commission officially so advised the exporters and importers known to be concerned and the representatives of the exporting country and the complainants and gave the parties directly concerned the opportunity to make known their views in writing and to request a hearing.  (3) Shortly after the opening of the proceeding, one of the exporting companies requested the Commission that it be excluded from the dumping investigation, since it was of the opinion that it had not caused any injury to the Community industry. However, the Commission considered it inappropriate to grant such a request at the initial stage of a proceeding, since a decision concerning the exclusion of a company cannot be taken as long as the prima facie evidence submitted by the complainants has not been verified.  (4) All of the known exporters and some of the importers made their views known in writing. Furthermore, one exporter and one of the main importers requested and were granted a hearing.  (5) A submission was made by one of the main Community purchasers of the product concerned.  (6) The Commission sought and verified all information it deemed to be necessary for the purposes of a preliminary determination and carried out investigations at the premises of the following companies:  (a) Community producers:  BASF AG, D-Ludwigshafen,  Hoechst AG, D-Frankfurt am Main, which distributes the product manufactured by Ruhr Chemie AG, D-Oberhausen;  (b) US exporters:  Celanese Chemical Company, Texas,  Eastman Chemical International Company, Tennessee,  Union Carbide, Connecticut;  (c) Importer:  Celanese SA, B-Brussels;  (d) User:  Virchem SA, B-Brussels.  (7) The investigation of dumping covered the period 1 October 1982 to 30 September 1983.  B. Normal value  (8) Normal value was provisionally determined on the basis of domestic prices to independent customers of those producers who exported to the EEC.  (9) Although Eastman Chemical International Company was not in a position to submit evidence showing that the prices at which the product concerned was sold for consumption in the country of origin were not less than all costs in the ordinary course of trade, both fixed and variable, of material and manufacture, plus a reasonable amount for selling, administrative and other general expenses as well as a reasonable margin of profit, the Commission has in view of the information available no reasonable grounds for believing or suspecting that such sales were not made at profitable prices. Therefore, the prices of this exporter for sales on the domestic market are considered as constituting the appropriate basis for determining normal value.  C. Export price  (10) With regard to the exports of the product concerned made by Celanese Chemical Company to the Community, the great majority of the sales were made for the purpose of inward processing under cover of customs document T 1 to a related company which processes the product into propylamine. The derived product is afterwards mainly sold to another company within the Community which uses it for the manufacture of herbicides destined for export outside the EEC. Although Celanese's sales are made to a related company, the prices actually paid for these exports may be considered as reasonable, since they were almost identical to those charged during the period of investigation by the main competitor of the same company.  Celanese contested the fact that the Commission took account of the sales made to a related company under the inward-processing regime. However, neither the GATT anti-dumping code nor Regulation (EEC) No 3017/79 provide for the exclusion of goods exported in such circumstances to the EEC. Furthermore, the exclusion of T 1 imports from the basis of calculation of export prices would offer considerable scope for abuse in anti-dumping proceedings, since the subsequent release of such goods for consumption within the EEC could easily be decided on by the companies concerned and would be difficult for the Commission or the Member States to substantiate. In this respect account has to be taken of the fact that this company related to Celanese has put part of the T 1 goods purchased for inward processing into consumption within the Community, as well as of the fact that the bulk of the processed goods are resold to another company within the EEC.  (11) With regard to the other exports of the product concerned made by Celanese to the Community, the export price was calculated on the basis of the prices at which the imported product was first resold to an independent buyer, suitably adjusted to take account of all costs incurred between importation and resale and a reasonable profit margin.  (12) With regard to the exports of the product concerned made by Eastman to the Community, the export price was calculated on the basis of the prices actually paid.  (13) Since the exports of the product concerned made by Union Carbide to the Community were made to a related company, the export price was calculated on the basis of the price at which the imported product was first resold to an independent buyer, duly adjusted to take account of all costs incurred between importation and resale and a reasonable profit margin. D. Comparison  (14) In comparing normal value with export prices the Commission took account, where appropriate, of differences affecting price comparability resulting from differences in conditions and terms of sale, i.e. transport, insurance, handling, loading and ancillary costs.  (15) All comparisons were made at ex-works level.  E. Margin  (16) The above preliminary determination of the facts shows the existence of dumping in respect of the US exporters, the margin of dumping being equal to the amount by which the normal value as established exceeds the price for export to the Community.  (17) The weighted average margins with regard to each of the exporters are as follows:  - Celanese 24,7 %,  - Eastman 23,3 %,  - Union Carbide 18,5 %.  F. Injury  (18) With regard to the injury caused by the dumped imports, the evidence available to the Commission shows that total imports into the Community from the United States of America of propan-1-ol increased from 3 992 tonnes in 1979 to 8 489 tonnes in 1980 and to 9 723 tonnes in 1981, which represents an increase of 113 % between 1979 and 1980 and of 15 % between 1980 and 1981; in 1982 these imports showed a slight decrease to 9 527 tonnes, but they amounted to 8 738 tonnes during the first nine months of 1983, which on an annual basis represents an increase of 22 %. The figures concerning the imports of the product concerned relate not only to goods which were released for free circulation under cover of customs document T 2 but also to the transactions which were carried out for the purposes of inward processing under cover of customs document T 1. The latter constituted a reduction in outlets available to the Community industry and had a downward effect on the prices charged by the Community producers.  (19) The market share held by US imports increased from 44 % in 1979 to 67 % in 1980, which represents an increase of 52 %. It remained stable in 1981 and increased further to 70 % in 1982 and to 72 % during the first nine months of 1983.  (20) The resale prices of these imports undercut the prices of the Community producers during the investigation period by up to 25 %.  (21) The consequent impact on the Community producers concerned has been a significant reduction of their production, which decreased by 52 % between 1981 and 1982. Although the level of production of the Community industry increased during the first months of 1983, it is still below the level of 1980.  (22) The capacity utilization of the Community producers dropped from 46 % in 1980 to 45 % in 1981 and decreased further to 21 % in 1982, which represents a decrease of 53 % between 1981 and 1982. Although the capacity utilization of Community producers increased during the first nine months of 1983, it is still significantly below the level in 1980.  (23) Sales by Community producers concerned in the EEC dropped by 18 % between 1979 and 1980; between 1981 and 1982, their sales dropped by 16 %. Although sales by Community producers increased during the first nine months of 1983, they were still significantly below their earlier levels.  (24) The market share of the imported product increased continuously between 1979 and 1983 (see recital 19), whilst the market share of the Community producers decreased over the same period by 50 % despite an increase of 35 % in the size of the market.  (25) With regard to the prices charged by the Community producers concerned to their customers, a significant price depression occurred in the period 1982/83, particularly in the Federal Republic of Germany, Belgium and Luxembourg.  (26) During the period from 1979 to 1983, the profits of the main Community producer dropped substantially and losses were even incurred. The improvement which took place during the first nine months of 1983 does not make up for the reduced profits and the losses, which occurred following a significant increase of the dumped imports from the United States of America, in 1980 and 1981.  (27) The substantial increase in dumped imports, the substantial loss of market share of the Community producers, particularly in view of the increase of the size of the market in the EEC, and the prices at which the dumped imports are offered for sale in the Community led the Commission to determine that the effect of the dumped imports originating in the United States of America have to be considered as constituting material injury to the Community industry concerned. (28) With regard to the request from Union Carbide to be excluded from any measure on the basis that the exports to the EEC by this company would not have caused any injury to the Community industry, the Commission is of the opinion that such request cannot be granted since these exports, although they did not constitute the main cause of injury, have at least contributed to the injury suffered by the Community industry as determined in recitals 18 to 26.  Furthermore, the Commission is of the opinion that it is appropriate to cumulate the factors of injury caused by several exporters from one particular exporting country, since a possible exclusion from an anti-dumping measure would grant the other exporters of the same country a competitive disadvantage for the future, which is not the object of an anti-dumping proceeding. In addition, the practice of cumulating injury to which several exporters of the same exporting country contributed is not contrary to GATT rules nor to the provisions of Regulation (EEC) No 3017/79. It is also in line with the practice of the Community's major trading partners, such as the United States of America.  G. Community interest  (29) Some users and processors of the product concerned have argued that the introduction of protective measures would not be in the Community interest because it would deprive them of an external source of supply and make them dependent on one Community supplier. However, the introduction of protective measures is not intended to eliminate the imported product from the Community market but its object is to increase export prices to such extent that the dumping margin or the injury, if this is lower than the dumping margin, be eliminated  Furthermore, the argument according to which users would become dependent on one Community supplier should be rejected, since another supplier established in the Community with a large production capacity is operational and started selling on the EEC market in 1983.  (30) In view of the significant reduction of profits and the fact that the main Community producer incurred losses because of the dumped imports, the Commission has come to the conclusion that it is in the Community's interest that action be taken.  H. Undertakings  (31) The exporters concerned were informed of the main findings of the preliminary investigation and commented on them. Undertakings were subsequently offered by Celanese Chemical Company (Texas), Eastman Chemical International Company (Tennessee) and Union Carbide (Connecticut) concerning their exports of propan-1-ol (propyl alcohol) to the Community, originating in the United States of America.  (32) The effect of the said undertakings will be to increase the export prices to the Community to the level necessary to eliminate the dumping margin or, depending on the exporter concerned, the injury.  (33) In these circumstances, the undertakings offered are considered acceptable and the proceeding may, therefore, be terminated without the imposition of an anti-dumping duty.  (34) No objection to this course was raised in the Advisory Committee,  HAS DECIDED AS FOLLOWS:  Article 1  The undertakings given by Celanese Chemical Company (Texas), Eastman Chemical International Company (Tennessee) and Union Carbride (Connecticut) in connection with the anti-dumping proceeding concerning propan-1-ol (propyl alcohol) falling within subheading ex 29.04 A II of the Common Customs Tariff and corresponding to NIMEXE code ex 29.04-12, originating in the United States of America, are hereby accepted.  Article 2  The anti-dumping proceeding referred to in Article 1 is hereby terminated.  Done at Brussels, 13 April 1984.  For the Commission  Wilhelm HAFERKAMP  Vice-President  (1) OJ No L 339, 31. 12. 1979, p. 1.  (2) OJ No L 178, 22. 6. 1982, p. 9.  (3) OJ No C 275, 14. 10. 1983, p. 3.