title: 2006/423/EC: Commission Decision of  20 June 2006  terminating the anti-dumping proceeding concerning imports of silicon carbide originating in Romania

text:
               21.6.2006

               EN

               Official Journal of the European Union

               L 168/37

      COMMISSION DECISION

   of 20 June 2006
   terminating the anti-dumping proceeding concerning imports of silicon carbide originating in Romania
   (2006/423/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation), and in particular Article 9 thereof,
   After consulting the Advisory Committee,
   Whereas:
   A.   PROCEDURE

               (1)

               On 17 May 2005, the Commission received a complaint concerning the alleged injurious dumping of imports of silicon carbide originating in Romania.

               (2)

               The complaint was lodged by the European Chemical Industry Council (CEFIC) on behalf of Community producers representing 100 % of the total Community production of silicon carbide pursuant to Articles 4(1) and 5(4) of the basic Regulation.

               (3)

               The complaint contained prima facie evidence of the existence of dumping and of material injury resulting therefrom, which was considered sufficient to justify the initiation of an anti-dumping proceeding.

               (4)

               The Commission, by a notice (notice of initiation) published in the Official Journal of the European Union
                   (2), accordingly initiated an anti-dumping proceeding concerning imports into the Community of silicon carbide, currently classifiable within CN code 2849 20 00 and originating in Romania.

               (5)

               The Commission officially advised the exporting producers, importers and associations of importers or exporters known to be concerned, the representatives of the exporting country, users, consumer organisations and the complainant Community producers of the initiation of the investigation. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the notice of initiation and questionnaires were sent to all parties concerned.

         B.   WITHDRAWAL OF THE COMPLAINT AND TERMINATION OF THE PROCEEDING

               (6)

               On 1 March 2006 CEFIC formally withdrew its complaint.

               (7)

               In accordance with Article 9(1) of the basic Regulation, the proceeding may be terminated where the complaint is withdrawn, unless such termination would not be in the Community interest.

               (8)

               The Commission considered that the present proceeding should be terminated since the investigation had not brought to light any considerations showing that such termination would not be in the Community interest. Interested parties were informed accordingly and were given the opportunity to comment. No comments were received indicating that such termination would not be in the Community interest.

               (9)

               The Commission therefore concludes that the anti-dumping proceeding concerning imports into the Community of silicon carbide originating in Romania should be terminated without the imposition of anti-dumping measures,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The anti-dumping proceeding concerning imports of silicon carbide, currently classifiable within CN code 2849 20 00 and originating in Romania, is hereby terminated.

      Done at Brussels, 20 June 2006.

            For the Commission

         Peter MANDELSON

            Member of the Commission

      (1)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

      (2)  OJ C 159, 30.6.2005, p. 4.


Avis juridique important

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31995D0320

95/320/EC: Commission Decision of 12 July 1995 setting up a Scientific Committee for Occupational Exposure Limits to Chemical Agents

Official Journal L 188 , 09/08/1995 P. 0014 - 0015

COMMISSION DECISION of 12 July 1995  setting up a Scientific Committee for Occupational Exposure Limits to Chemical Agents (95/320/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Whereas common rules concerning safety, hygiene and health at work must afford adequate protection  of the health of workers at the place of work within the Community; Whereas the elaboration and amendment of common rules concerning safety, health and hygiene at work  require a scientific evaluation of risk at the place of work and of the measures that need to be  implemented to protect against these risks; Whereas such an evaluation requires the participation of highly qualified scientific persons in all  fields relating to safety, hygiene and health at work; Whereas on the occasion of the adoption of Council Directive 88/642/EEC  (1), which amended  Directive 80/1107/EEC  (2) on the protection of workers against risks associated with exposure to  chemical, physical and biological agents at work, the Council called upon the Commission to set up  a scientific committee responsible for the evaluation of available scientific data required to set  limit values; Whereas the Commission welcomed the request from the Council and since 1990 has consulted  informally a scientific expert group on occupational exposure limits; Whereas in its communication on a programme concerning safety, hygiene and health at work the  Commission has included amongst the objectives for the coming five years the development of  preventative measures in relation with chemical agents; Whereas it is important that the Commission obtain impartial scientific opinions of highly  qualified persons in order to conduct this ongoing examination; Whereas to this end a scientific committee of a consultative nature should be attached to the  Commission, HAS DECIDED AS FOLLOWS: Article 1 There shall be attached to the Commission a Scientific Committee  (hereinafter called the 'Committee`) to examine the health effects of chemical agents on workers at  work. Article 2 1.  The task of the Committee shall be to supply the Commission with opinions at the  latter's request on any matter relating to the toxicological examination of chemicals for their  effects on health of workers. The Committee shall in particular give advice on the setting of Occupational Exposure Limits (OELs)  based on scientific data and where appropriate shall propose values which may include: -  the eight-hour time weighted average (TWA), -  short-term limits/excursion limits (STEL), -  biological limit values. The OELs may be supplemented, as appropriate, by further notations. The Committee shall advise on any absorption of the substance in question via other routes (such as  skin and/or mucous membranes) which is likely to occur. 2.  Any recommendation shall be supported and explained by information on the basic data, a  description of the critical effects, the extrapolation techniques used, and any data on possible  risks to human health. The feasibility of monitoring exposure at any proposed limit value(s) shall  also be noted. 3.  The Committee shall keep under review all relevant scientific factors relating to the setting  of OELs and shall make recommendations to assist the Commission in setting out priorities. 4.  The Committee shall carry out such other actions relating to the toxicological evaluation of  chemical agents as may be requested by the Commission. Article 3 1.  The Committee shall be composed of not more than 21 members drawn from all Member  States and reflecting the full range of scientific expertise which is necessary to fulfil the  mandate in Article 2, including, in particular, chemistry, toxicology, epidemiology, occupational  medicine and industrial hygiene, and general competence in setting OELs. 2.  The Commission shall appoint the members of the Committee, after consulting the respective  Member States, having regard to the need to ensure that the various specific areas are covered. 3.  The Committee shall elect from the members a chairman and two vice-chairmen for a period of  three years. Elections shall be by a majority of two-thirds of the members present. 4.  The term of office for members of the Committee shall be three years. Their appointments may be  renewed. After the expiry of the three-year period members of the Committee shall remain in office  until they are replaced or until their appointments are renewed. In the event of resignation or death of a member of the Committee during a period of appointment  the Commission shall appoint a new member of the Committee in accordance with paragraph 2. Article 4 A list of members shall be published by the Commission, for information purposes, in  the Official Journal of the European Communities. Article 5 1.  The Committee may form working groups from amongst its members, with the agreement  of the representatives of the Commission. 2.  The mandate of the working group shall be to report to the Committee on the subjects referred  to them by it. Article 6 1.  Meetings of the Committee shall take place, in general, four times a year. 2.  The representatives of the Commission may invite individuals having particular expertise in the  subject being studied to participate at the meetings. 3.  The services of the Commission shall act as the secretariat of the Committee and the working  groups. 4.  The representatives of the Commission shall take part in the meetings of the Committee and the  working groups. Article 7 The Committee and its working groups shall normally meet at the headquarters of the  Commission when they are 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 8 1.  The deliberations of the Committee shall relate to the request for an opinion made  by the representatives of the Commission. The representatives of the Commission, in requesting the opinion of the Committee, may fix the  length of time in which the opinion is to be given. 2.  The Committee shall make every endeavour to make its recommendation on the basis of a  consensus. The Committee's deliberations shall not be followed by a vote. 3.  Where the opinion requested is the subject of the unanimous agreement of the members of the  Committee, these latter shall establish the common conclusions. In the absence of unanimous  agreement, the various positions taken in the course of the deliberations shall be entered in a  report drawn up under the auspices of the representatives of the Commission. 4.  Without prejudice to Article 9 (1), the Commission shall publish the opinions of the  Committee. Article 9 Without prejudice to the provisions of Article 214 of the Treaty, members of the  Committee shall be under an obligation not to divulge information coming to their knowledge as a  result of the work of Committee when the Commission informs them that the opinion requested relates  to material of a confidential nature. In such cases, only Committee members and representatives of the Commission shall be present at the  meeting. Done at Brussels, 12 July 1995. For the Commission Pádraig FLYNN Member of the Commission


title: Decision of the Management Board of Europol of 4 June 2009 establishing the rules on the selection, extension of the term of office and dismissal of the Director and Deputy Directors of Europol

text:
               29.12.2009

               EN

               Official Journal of the European Union

               L 348/3

      DECISION OF THE MANAGEMENT BOARD OF EUROPOL

   of 4 June 2009
   establishing the rules on the selection, extension of the term of office and dismissal of the Director and Deputy Directors of Europol
   (2009/1011/JHA)
   THE MANAGEMENT BOARD OF EUROPOL,
   Having regard to Council Decision establishing the European Police Office (EUROPOL) of 6 April 2009 (1) (hereinafter referred to as the Europol Decision) and in particular Articles 37(9)(g), 38(1), 38(2), 38(3), 38(7) and 39 thereof,
   Having regard to the Staff Regulations of Officials of the European Communities (hereinafter referred to as the Staff Regulations) and the Conditions of Employment of Other Servants of the European Communities (hereinafter referred to as the Conditions of employment) laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68 (2),
   Having regard to Article 12 of the Conditions of employment concerning the conditions of engagement of temporary staff and to Chapter 9 of Title II of the Conditions of employment on the termination of employment of temporary staff,
   Having regard to Commission Decision SEC(2009) 27/2 of 12 January 2009 containing Guidelines on the selection and appointment of directors of regulatory agencies, executive agencies and joint undertakings,
   Having regard to the Management Board rules of procedure,
   Whereas:

               (1)

               It is for the Management Board to establish the rules applicable to the selection, extension of the term of office and dismissal of the Europol Director and Deputy Directors to be approved by the Council, acting by qualified majority, before their entry into force.

               (2)

               The Director and Deputy Directors should be selected through an objective and transparent procedure without prejudice to the confidentiality of the proceedings and the protection of personal data processed for the purpose of selection procedures.

               (3)

               It is desirable to adopt procedures analogous to those set out in the Commission Decision SEC(2009) 27/2 of 12 January 2009.

               (4)

               The aim of selection procedures is to identify the best qualified candidates for the post to be filled.

               (5)

               Europol is an equal opportunities employer,

         HAS ESTABLISHED THE FOLLOWING RULES:
   CHAPTER 1

      GENERAL PROVISIONS

   Article 1
   1.   These Rules shall apply to the selection, extension of the term of office and dismissal of the Director and Deputy Directors as referred to in Article 38 of the Europol Decision.
   2.   Where the Director is temporarily unable to exercise the functions of his office for a period of more than one month, or where the position of Director is vacant, his functions shall be exercised by a Deputy Director. For this purpose the Management Board shall indicate the order of replacement.
   3.   Any reference in these Rules to a person of the male sex shall be deemed also to constitute a reference to the female sex, and vice-versa, unless the context clearly indicates otherwise.
   CHAPTER 2

      SELECTION PROCEDURES

   Article 2
   The selection procedure shall observe the principles enshrined in Article 12(1) of the Conditions of employment.
   Article 3
   1.   The post of the Director or of a Deputy Director is deemed vacant:

               (a)

               as from nine months before the end of their respective term of office,

               (b)

               upon receipt by the Council of a letter of resignation,

               (c)

               upon a decision by the Council to dismiss the Director or a Deputy Director or otherwise terminate their service in accordance with Chapter 4 of these Rules,

               (d)

               as from nine months before the date on which the Director or a Deputy Director reaches the age of 65, or

               (e)

               upon the death of the Director or a Deputy Director.

         2.   For each vacant post, a vacancy notice shall be drawn up by the Management Board. For the post of a Deputy Director, the vacancy notice is drawn up by the Management Board after having consulted the Director.
   The vacancy notice sets out in clear and detailed terms the following elements:

               (a)

               a general description of Europol’s tasks and mission as laid down in the Europol Decision,

               (b)

               a description of the main functions and duties of the Director or Deputy Director, as the case may be, with appropriate references to the relevant provisions of the Europol Decision,

               (c)

               the eligibility criteria that have to be fulfilled by every candidate,

               (d)

               the profile for the post including any attributes that are considered relevant to the function and which are subsequently used as selection criteria,

               (e)

               an overview of the selection and appointment procedure,

               (f)

               the terms and conditions of employment including the grade at recruitment, the nature of the contract offered and the duration of the term of office,

               (g)

               the modalities and closing date for submitting applications.

         3.   The selection process shall include an assessment to test specific competencies and skills of candidates.
   The Management Board shall specify the characteristics and modalities of the assessment for each vacant post and may decide to have recourse to an external assessment centre.
   4.   The vacancy notice shall further indicate that candidates must submit their applications in writing, accompanied by a detailed curriculum vitae, a letter of motivation and the appropriate character references as to their suitability for the performance of the duties pertaining to the vacant post, to the Chairperson of the Management Board within six weeks of the date of publication of the vacancy notice in the Official Journal of the European Union.
   The vacancy notice shall also provide information on the security screening to be applied to the successful candidate in compliance with the rules adopted pursuant to Article 40 of the Europol Decision.
   Article 4
   1.   The Management Board shall ensure that the vacancy notice referred to in Article 3(2) is published in the Official Journal of the European Union, and in other media, including national newspapers and specialised periodicals, to achieve maximum exposure in all the Member States.
   2.   Europol shall inform the Europol national units of a vacancy for a post of Director or Deputy Director. The national units shall inform the relevant competent authorities of the Members States of the vacancy. The competent authorities shall be responsible for ensuring that the vacancy is brought to the attention of their departments and all the personnel concerned.
   3.   Europol shall send an acknowledgement of receipt to the applicants.
   Article 5
   1.   The Management Board shall set up a selection committee (hereinafter referred to as the Committee) which shall assess the applications received and draw up a reasoned report to be submitted to the Management Board in accordance with Article 6 of these Rules.
   2.   For the post of Director, the Committee shall be composed of the member of the Management Board representing the Commission and of six Management Board members representing the Member States who shall be determined by the drawing of lots by the Management Board.
   3.   For the post of a Deputy Director, the Committee shall be composed of the Director, or a Deputy Director delegated by him, of the member of the Management Board representing the Commission and of five Management Board members representing the Member States who shall be determined by the drawing of lots by the Management Board.
   4.   If a member of the Management Board designated pursuant to paragraphs 2 and 3 cannot participate in the work of the Committee, he shall be replaced by the alternate member of the Management Board representing the Commission or the Member State in question as the case may be.
   5.   Where there is reason to believe that a member of the Committee has a personal relationship with one of the candidates or where any other potential conflict of interest could arise, he shall not participate in the work of the Committee and shall be replaced by the alternate member in accordance with paragraph 4.
   6.   The secretariat of the Management Board shall provide the secretariat of the Committee.
   Article 6
   1.   At its first meeting, the Committee shall choose a chairman from among its members.
   2.   The Committee may be assisted by an external human resources consultant for the performance of its tasks if so decided by the Management Board at its own initiative or upon request from the Committee. The external human resources consultant shall not have the status of member of the Committee.
   3.   The tasks of the Committee shall include:

               (a)

               identifying all candidates who, on the basis of the criteria set out in the vacancy notice, are eligible for the post,

               (b)

               making an initial assessment of the applications of eligible candidates taking into account their professional qualifications, skills, experience and character references in order to decide which ones should be further assessed by the Committee,

               (c)

               organising an assessment of candidates in accordance with Article 3(3) of these Rules,

               (d)

               interviewing candidates with a view to assessing their qualifications and skills against the criteria set out in the vacancy notice, and

               (e)

               drawing up a duly reasoned report on the applications received and the procedure followed by it including:

                           (i)

                           the list of eligible candidates indicating among them those interviewed by the Committee,

                           (ii)

                           a list of candidates, ranked in order of merit, who meet all the eligibility criteria and are considered to match best the selection criteria set out in the vacancy notice.

         4.   The work of the Committee shall be fully documented notably by using evaluation sheets established in accordance with the criteria set out in the vacancy notice and any additional guidelines received from the Management Board. The evaluation sheets and a summary of the overall conclusions of the Committee on each candidate shall be added to the application files.
   5.   The results of any work carried out on behalf of the Committee by its secretariat, by one or more of its members or by an external human resources consultant shall be submitted to the full Committee for its review and endorsement.
   6.   The decision of the Committee establishing the report shall be signed by its chairman and another member of the Committee.
   7.   The chairman of the Committee shall forward to the Management Board, as soon as possible after the interviews have been held, the report drawn up by the Committee as well as the full application file of interviewed candidates.
   Article 7
   Candidates not retained by the Committee shall, after each stage of the selection, be informed in writing by the secretariat of the Committee of the outcome of the procedure.
   Article 8
   1.   The proceedings of the Committee shall be held in The Hague unless otherwise decided by the Management Board.
   2.   Travel and subsistence expenses, including hotel accommodation, shall be reimbursed to the members of the Committee and to candidates invited to the tests and interviews in accordance with the applicable rules.
   Article 9
   1.   The Management Board shall invite the chairman of the Committee to explain the procedure carried out and present the report of the Committee.
   2.   The Management Board may decide to interview the candidates on the ranked list of the Committee and any other eligible candidate interviewed by it.
   3.   On the basis of the report submitted by the Committee and, where applicable, the results of the interviews held in accordance with paragraph 2, the Management Board shall adopt a reasoned opinion:

               (a)

               presenting the list of eligible candidates,

               (b)

               setting out a shortlist of at least three suitable candidates ranked in order of merit, and

               (c)

               confirming that the applicants on the shortlist meet the conditions for engagement provided for in Article 12(2) of the Conditions of employment and all the eligibility criteria set out in the vacancy notice.

         4.   If a member of the Management Board is also on the list of candidates, or where any other potential conflict of interests could arise, he shall not be present when the opinion of the Management Board is drawn up.
   5.   The Chairperson of the Management Board shall forward the opinion of the Management Board and the full application file of each of the shortlisted candidates to the Council to enable the latter to take its decision as foreseen in Article 38 of the Europol Decision on the basis of all relevant information.
   6.   Candidates not retained by the Management Board shall be informed, in writing, by the secretariat of the Management Board of the outcome of the procedure.
   Article 10
   Once the appointment has been made by the Council, every candidate who applied for the post shall receive a formal notification of the outcome of the procedure from the secretariat of the Management Board. The three-month time limit for lodging a complaint pursuant to Article 90 of the Staff Regulations shall run from the date of notification of this letter.
   Article 11
   1.   The proceedings of the Committee and of the Management Board shall be secret.
   2.   Members of the Committee as well as members of the Management Board and any Europol staff, personnel of any external assessment centre or external human resources consultant involved in the selection procedure shall maintain the strictest confidentiality with regard to the work carried out.
   CHAPTER 3

      TERM EXTENSION

   Article 12
   1.   Where the terms of office of the Director or a Deputy Director appointed under Article 38 of the Europol Decision can be extended in accordance with Articles 38(1) or 38(2) of the Europol Decision, the Management Board may decide to derogate from the procedure established in Chapter 2. In such cases the Management Board shall draw up, at the latest twelve months before the term of office ends, an opinion advising the Council to extend the term of office. The opinion of the Management Board shall notably take into account the results achieved by the Director or Deputy Director concerned during the first term, the annual performance appraisal reports drawn up in accordance with Article 15(2) of the Conditions of employment and the mission and needs of Europol in the coming years.
   The opinion of the Management Board advising to extend the term of office of a Deputy Director shall be delivered after having consulted the Director.
   2.   The procedure laid down in Chapter 2 shall be followed when the Management Board decides not to derogate from it, when the Council decides not to extend the term of office of the Director or the Deputy Director concerned or when the Council fails to take a decision in this respect within three months after the receipt of the Management Board opinion.
   CHAPTER 4

      TERMINATION OF SERVICE

   Article 13
   1.   Apart from cessation on death, the service of the Director or a Deputy Director shall cease, in accordance with Article 47(a) of the Conditions of employment, at the end of the month in which the person concerned reaches the age of 65 years.
   2.   The termination of service of the Director or a Deputy Director shall be decided upon by the Council, acting by qualified majority after obtaining the opinion of the Management Board, in accordance with Articles 15 and 17 of these Rules.
   3.   The opinion of the Management Board on the termination of service of a Deputy Director shall be drawn up after having consulted the Director.
   Article 14
   1.   A Director or Deputy Director who wishes to resign before the end of his term of office shall state unequivocally in writing his intention to leave the service of Europol, proposing the date on which his resignation should take effect in accordance with Article 47(b)(ii) of the Conditions of employment.
   2.   The letter of resignation shall be addressed to the President of the Council, with a copy to the Chairperson of the Management Board and to the Director in the case of a resignation of a Deputy Director.
   Article 15
   1.   Upon request of the Management Board, the service of the Director or a Deputy Director may be terminated by the Council pursuant to Article 47(b) of the Conditions of employment subject to observing the period of notice and other conditions referred to in subpoint (ii) or in subpoint (iii) of the said Article.
   2.   The service of the Director or a Deputy Director may be terminated without notice by the Council upon request of the Management Board, where the conditions referred to in Article 48(a) or (b) of the Conditions of employment are met.
   3.   The service of the Director or a Deputy Director shall be terminated without notice by the Council where the conditions referred to in Article 50 of the Conditions of employment are met. In such cases the Council shall, after hearing the person concerned, and after the disciplinary procedure referred to in Article 16(2) of these Rules has been followed, declare that his employment is terminated.
   Before their employment is terminated, the Director or the Deputy Director concerned may be suspended, the former by the Management Board and the latter by the Director, in accordance with Article 50(2) of the Conditions of employment and Articles 23 and 24 of Annex IX to the Staff Regulations.
   Article 16
   1.   Any intentional or negligent failure by the Director or a Deputy Director to comply with his obligations under the Europol Decision or the Conditions of employment shall render him liable to disciplinary action in accordance with Article 50a of the Conditions of employment, Title VI of the Staff Regulations and where applicable Annex IX to the Staff Regulations.
   Such a failure shall, inter alia, include the proven deliberate furnishing of false information as to either his professional ability or the requirements of Article 12(2) of the Conditions of employment, where the false information furnished was a determining factor in his being engaged.
   2.   Disciplinary proceedings shall be initiated and take place in accordance with Annex IX to the Staff Regulations.
   Article 17
   1.   After the disciplinary procedure provided for in Annex IX to the Staff Regulations has been followed, the service of the Director or of a Deputy Director may be terminated by the Council without notice on disciplinary grounds, in accordance with Article 49 of the Conditions of employment, in serious cases of intentional or negligent failure of the Director or a Deputy Director to comply with his obligations.
   Before their employment is terminated, the Director or the Deputy Director concerned may be suspended, the former by the Management Board and the latter by the Director, in accordance with Article 50(2) of the Conditions of employment and Articles 23 and 24 of Annex IX to the Staff Regulations.
   2.   Upon receipt of the report from the Disciplinary Board referred to in Article 18 of Annex IX to the Staff Regulations, the Management Board shall decide whether an opinion is to be submitted to the Council with a view to terminate the service of the Director in accordance with Article 38(7) of the Europol Decision. In such cases, the Management Board shall deliver, within one month of the date of receipt of the report of the Disciplinary Board, a duly reasoned opinion as regards the penalty to which the facts complained of should give rise to or any other measure that should be taken by the Council in accordance with these Rules. Before drawing up its opinion the Management Board shall give the Director the opportunity to be heard. The Chairperson of the Management Board shall forward the opinion of the Management Board to the Council as envisaged by Article 38(7) of the Europol Decision, and a copy thereof to the Director charged.
   Should the Management Board decide that no opinion is to be submitted to the Council in accordance with Article 38(7) of the Europol Decision, it shall have the right to impose one of the penalties foreseen in Article 9(1) of Annex IX to the Staff Regulations other than the removal of the Director from his post. After hearing the Director, the Management Board shall take its decision as provided for in Articles 9 and 10 of Annex IX to the Staff Regulations, within two months of the date of receipt of the opinion of the Disciplinary Board. Reasons must be given for the decision.
   3.   Upon receipt of the report from the Disciplinary Board referred to in Article 18 of Annex IX to the Staff Regulations, the Director shall, without undue delay, submit to the Management Board a duly reasoned draft opinion as regards the penalty to which the facts complained of should give rise to or any other measure that should be taken by the Council in respect of a Deputy Director in accordance with these Rules.
   The Management Board shall decide whether an opinion is to be submitted to the Council with a view to terminate the service of the Deputy Director concerned in accordance with Article 38(7) of the Europol Decision. Before drawing up its opinion the Management Board shall give the Deputy Director concerned the opportunity to be heard. The opinion of the Management Board shall be delivered within one month of the date of receipt by the Director of the report of the Disciplinary Board. The Chairperson of the Management Board shall forward the opinion of the Management Board to the Council as envisaged by Article 38(7) of the Europol Decision, and a copy thereof to the Deputy Director charged.
   Should the Management Board decide that no opinion is to be submitted to the Council in accordance with Article 38(7) of the Europol Decision, the Director shall have the right to impose one of the penalties foreseen in Article 9(1) of Annex IX to the Staff Regulations other than the removal of the Deputy Director concerned from his post. After hearing the Deputy Director concerned, the Director shall take his decision as provided for in Articles 9 and 10 of Annex IX to the Staff Regulations, within two months of the date of receipt of the opinion of the Disciplinary Board. Reasons must be given for the decision.
   4.   Upon receipt of an opinion of the Management Board, as referred to in paragraphs 2 or 3 of this Article, the Council shall, after having heard the Director or Deputy Director concerned, decide whether to remove the Director or a Deputy Director from his post in accordance with Article 9(1)(h) of Annex IX to the Staff Regulations or otherwise terminate his service at Europol.
   Should the Council decide to remove the Director or a Deputy Director from his post or otherwise terminate his service, it shall indicate in its decision the precise nature of the measure as well as the date from which the measure is to be applied. The decision shall be duly reasoned and shall be notified to the person concerned and to Europol.
   A decision of the Council to remove the Director or a Deputy Director from his post pursuant to Article 9 of Annex IX to the Staff Regulations shall be taken within two months of the date of receipt of the opinion of the Disciplinary Board referred to in Article 18 of Annex IX to the Staff Regulations.
   5.   Should the Council decide not to remove the Director or Deputy Director concerned from his post in accordance with Article 9(1)(h) of Annex IX to the Staff Regulations or otherwise terminate his service at Europol, the matter shall be referred back to the Management Board in the case of the Director or to the Management Board and to the Director in the case of a Deputy Director.
   If the case of the Director is referred back to the Management Board, it shall have the right to impose one of the penalties foreseen in Article 9(1) of Annex IX to the Staff Regulations other than the removal of the Director from his post. After hearing the Director, the Management Board shall take its decision without undue delay. Reasons must be given for the decision.
   If the case of a Deputy Director is referred back to the Management Board and to the Director, the latter shall have the right to impose one of the penalties foreseen in Article 9(1) of Annex IX to the Staff Regulations other than the removal of the Deputy Director from his post. After hearing the Deputy Director concerned, the Director shall take his decision without undue delay. Reasons must be given for the decision.
   CHAPTER 5

      FINAL PROVISIONS

   Article 18
   1.   These Rules shall enter into force on the same day as the date of application of the Europol Decision.
   2.   Within three years following their entry into force, these Rules shall be evaluated by the Management Board.
   3.   Any proposal for amendments to these Rules shall be considered by the Management Board with a view to their adoption by the Council in accordance with the procedure provided for in Articles 38(3) and 38(7) of the Europol Decision.

      The Hague, 4 June 2009.
      Approved by the Council on 30 November 2009.

            The President

         S. CLERTON

      (1)  OJ L 121, 15.5.2009, p. 37.

      (2)  OJ L 56, 4.3.1968, p. 1.


Avis juridique important

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31996D0412

96/412/EC: Council Decision of 25 June 1996 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the results of the World Trade Organization negotiations on financial services and on the movement of natural persons

Official Journal L 167 , 06/07/1996 P. 0023 - 0054

COUNCIL DECISION of 25 June 1996 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the results of the World Trade Organization negotiations on financial services and on the movement of natural persons (96/412/EC) THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 54, 57, 63, 66, 73b to 73f, 99, 100, 100a and 113, in conjunction with the second sentence of Article 228 (2) and the first subparagraph of Article 228 (3) thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament (1),Having regard to the opinion of the Economic and Social Committee (2),Whereas the Marrakesh Agreement establishing the World Trade Organization and its related agreements as well as the Ministerial Decisions and Declarations and the Understanding on Commitments in Financial Services were approved by a Council Decision of 22 December 1994 (3);Whereas the overall commitments on financial services negotiated by the Commission, on behalf of the European Community and its Member States, constitute a satisfactory and balanced outcome for the interim period concerned;Whereas some commitments were negotiated by the Commission, on behalf of the European Community and its Member States, on the movement of natural persons for the purpose of supplying services;Whereas on 26 July 1995 the Council authorized the Commission to approve, on behalf of the European Community and its Member States, the Decision of the Committee on Trade in Financial Services adopting the Second Protocol annexed to the General Agreement on Trade in Services, the Decision of the Council for Trade in Services on Commitments on Financial Services and the second Decision of the Council for Trade in Services on Financial Services as well as the Decision of the Council for Trade in Services on movement of natural persons commitments, adopting the Third Protocol to the General Agreement on Trade in Services;Whereas the competence of the Community to conclude international agreements derives not only from explicit conferral by the Treaty but may also derive from other provisions of the Treaty and from acts adopted pursuant to those provisions by Community institutions;Whereas, where Community rules have been adopted in order to achieve the aims of the Treaty, Member States may not, outside the framework of the common institutions, enter into commitments liable to affect those rules or alter their scope;Whereas some commitments on financial services fall within the competence of the Community under Article 113 of the Treaty; whereas, furthermore, other commitments on financial services as well as the commitments on the movement of natural persons affect Community rules adopted on the basis of Articles 54, 57, 63, 66, 99, 100 and 100a, and may therefore only be entered into by the Community alone;Whereas, in particular, the use of Article 100 of the Treaty as a legal base for this Decision is justified to the extent that the aforementioned commitments on financial services affect Council Directive 90/434/EEC of 23 July 1990 on the common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States (4) and Council Directive 90/435/EEC of 23 July 1990 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States (5), which are based on Article 100 of the Treaty;Whereas, with regard to capital movement commitments contained in the list of specific commitments of the Community and of the Member States and in the present state of Community law, Member States remain competent to act, within the limit laid down by the provisions of Article 73c of the Treaty;Whereas, by their nature, the Agreement establishing the World Trade Organization and the Protocols to the General Agreement on Trade in Services, are not likely to be directly invoked before Community or Member States' courts,HAS DECIDED AS FOLLOWS:Article 1 1. The Second Protocol to the General Agreement on Trade in Services concerning financial services is hereby approved on behalf of the European Community with regard to that portion of it which falls within the competence of the European Community.2. The text of the Second Protocol, together with the schedule of specific commitments and the list of the exemptions of the Community and the Member States are attached to this Decision, as are also the following Decisions:- the Decision of the Committee on Trade on Financial Services adopting the Second Protocol to the General Agreement on Trade in Services,- the Decision of the Council for Trade in Services on Commitments in Financial Services,- the second Decision of the Council for Trade in Services on Financial Services.3. The President of the Council is hereby authorized to designate the person empowered to sign the Second Protocol to the General Agreement on Trade in Services in order to bind the European Community with regard to that portion of the Protocol falling within its competence.Article 2 1. The Third Protocol to the General Agreement on Trade in Services concerning movement of natural persons is hereby approved on behalf of the European Community with regard to that portion of it which falls within the competence of the European Community.2. The text of the Third Protocol, together with the schedule of specific commitments of the Community and the Member States, and the Decision of the Council for Trade in Services on movement of natural persons commitments are attached to this Decision.3. The President of the Council is hereby authorized to designate the person empowered to sign the Third Protocol to the General Agreement on Trade in Services in order to bind the European Community with regard to that portion of the Protocol falling within its competence.Done at Luxembourg, 25 June 1996.For the CouncilThe PresidentE. RONCHI(1) Opinion of the European Parliament of 6 June 1996 (not yet published in the Official Journal).(2) Opinion of the Economic and Social Committee of 30 May 1996 (not yet published in the Official Journal).(3) OJ No L 336, 23. 12. 1994, p. 1.(4) OJ No L 225, 20. 8. 1990, p. 1.(5) OJ No L 225, 20. 8. 1990, p. 6.ANNEX SECOND PROTOCOL TO THE GENERAL AGREEMENT ON THE TRADE IN SERVICES MEMBERS OF THE WORLD TRADE ORGANIZATION (hereinafter referred to as the 'WTO`) whose Schedules of Specific Commitments and Lists of Exemptions from Article II of the General Agreement on Trade in Services concerning financial services are annexed to this Protocol (hereinafter referred to as 'Members concerned`),HAVING CARRIED out negotiations under the terms of the Ministerial Decision on financial services adopted at Marrakesh on 15 April 1994,HAVING REGARD to the Second Annex on financial services, and to the Decision on the application of that Annex adopted by the Council for Trade in Services on 30 June 1995,AGREE AS FOLLOWS:1. A schedule of specific commitments and a list of exemptions from Article II concerning financial services annexed to this Protocol relating to a Member shall, upon the entry into force of this Protocol for that Member, replace the financial services sections of the Schedule of Specific Commitments and the List of Article II Exemptions of that Member.2. This Protocol shall be open for acceptance, by signature or otherwise, by the Members concerned until 30 June 1996.3. This Protocol shall enter into force on the 30th day following the date of its acceptance by all Members concerned. If by 1 July 1996 it has not been accepted by all Members concerned, those Members which have accepted it before that date may, within a period of 30 days thereafter, decide on its entry into force.4. This Protocol shall be deposited with the Director-General of the WTO. The Director-General of the WTO shall promptly furnish to each Member of the WTO a certified copy of this Protocol and notifications of acceptances thereof pursuant to paragraph 3.5. This Protocol shall be registered in accordance with the provisions of Article 102 of the Charter of the United Nations.Done at Geneva this . . . day of [month] one thousand nine hundred and ninety-five, in a single copy in the English, French and Spanish languages, each text being authentic, except as otherwise provided for in respect of the schedules annexed hereto.THE EUROPEAN COMMUNITY AND ITS MEMBER STATES SCHEDULE OF SPECIFIC COMMITMENTS Supplement 1 Revision (This is authentic in English only) This text replaces the Financial Services section contained in:pages 61 to 77 of document GATS/SC/31,pages 24 to 29 of document GATS/SC/7,pages 23 to 26 of document GATS/SC/33 andpages 30 to 32 of document GATS/SC/82.EUROPEAN COMMUNITY AND ITS MEMBER STATES SCHEDULE OF SPECIFIC COMMITMENTSModes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons>TABLE>EUROPEAN COMMUNITIES AND THEIR MEMBER STATES FINAL LIST OF ARTICLE II (EXEMPTIONS) (This is authentic in English only) EUROPEAN COMMUNITIES AND THEIR MEMBER STATES >TABLE>DECISION ADOPTING THE SECOND PROTOCOL TO THE GENERAL AGREEMENT ON TRADE IN SERVICES Adopted by the Committee on Trade in Financial Services on 21 July 1995 THE COMMITTEE ON TRADE IN FINANCIAL SERVICES,HAVING REGARD to the results of the negotiations conducted under the terms of the Decision on financial services adopted at Marrakesh on 15 April 1994,HAVING REGARD to the Second Annex on financial services, and to the Decision on the application of that Annex adopted by the Council for Trade in Services on 30 June 1995,DECIDES AS FOLLOWS:1. To adopt the text of the Second Protocol to the General Agreement on Trade in Services.2. Commencing immediately and continuing until the date of entry into force of the Second Protocol to the General Agreement on Trade in Services, Members concerned shall, to the fullest extent consistent with their existing legislation, not take measures which would be inconsistent with their undertakings resulting from these negotiations.3. The Committee on Trade in Financial Services shall monitor the acceptance of the Protocol by Members concerned and shall, at the request of a Member, examine any concerns raised regarding the application of paragraph 2.DECISION ON COMMITMENTS IN FINANCIAL SERVICES Adopted by the Council for Trade in Services on 21 July 1995 THE COUNCIL FOR TRADE IN SERVICES,HAVING REGARD to the Second Annex on financial services, and the Second Services adopted by the Council for Trade in Services,HAVING REGARD to the Decision on the Application of the Second Annex on financial services adopted by the Council for Trade in Services on 30 June 1995,NOTING the results of the negotiations carried out under the terms of the Decision on financial services adopted at Marrakesh on 15 April 1994,DECIDES AS FOLLOWS:1. If the Second Protocol to the General Agreement on Trade in Services (GATS) does not enter into force in accordance with paragraph 3 therein:(a) Notwithstanding Article XXI of the GATS, a Member may during a period of 60 days beginning on 1 August 1996, modify or withdraw all or part of the specific commitments on financial services inscribed in its schedule.(b) Notwithstanding Article II of the GATS and paragraphs 1 and 2 of the Annex on Article II exemptions, a Member may, during the period referred to in point (a), list in that Annex measures relating to financial services which are inconsistent with paragraph 1 of Article II of the GATS.2. The Committee on Trade in Financial Services shall establish any procedures for the implementation of paragraph 1.SECOND DECISION ON FINANCIAL SERVICES Adopted by the Council for Trade in Services on 21 July 1995 THE COUNCIL FOR TRADE IN SERVICES,HAVING REGARD to the Second Annex on financial services,NOTING the results of the negotiations carried out under the terms of the Decision on financial services adopted at Marrakesh on 15 April 1994,HAVING REGARD to the Decision on the application of the Second Annex on financial services adopted by the Council for Trade in Services on 30 June 1995,DECIDES AS FOLLOWS:1. Notwithstanding Article XXI of the General Agreement on Trade in Services (GATS), a Member may during a period of 60 days beginning on 1 November 1997, modify or withdraw all or part of the specific commitments on financial services inscribed in its schedule.2. Notwithstanding Article II of the GATS and paragraphs 1 and 2 of the Annex on Article II exemptions, a Member may, during the same period referred to in paragraph 1, list in that Annex measures relating to financial services which are inconsistent with paragraph 1 of Article II of the GATS.3. The Committee on Trade in Financial Services shall oversee any negotiations that may take place prior to the date specified in paragraph 1. It shall also establish any procedures necessary for the application of paragraphs 1 and 2.4. The application of this Decision shall be contingent upon the entry into force of the Second Protocol to the General Agreement on Trade in Services.THIRD PROTOCOL TO THE GENERAL AGREEMENT ON TRADE IN SERVICES MEMBERS OF THE WORLD TRADE ORGANIZATION whose schedules of specific commitments to the General Agreement on Trade in Services relating to movement of natural persons are annexed to this Protocol,HAVING CARRIED out negotiations under the terms of the Ministerial Decision on negotiations on movement of natural persons adopted at Marrakech on 15 April 1994,HAVING REGARD to the results of such negotiations,HAVING REGARD to the Decision on the movement of natural persons adopted by the Council for Trade in Services on 30 June 1995,AGREE AS FOLLOWS:1. The commitments on movement of natural persons annexed to this Protocol relating to a Member shall, upon the entry into force of this Protocol for that Member, replace or supplement the relevant entries on movement of natural persons in the schedule of specific commitments of that Member.2. This Protocol shall be open for acceptance, by signature or otherwise, by Members concerned until 30 June 1996.3. This Protocol shall enter into force on the 30th day after 1 January 1996 for those Members which have accepted it by that date, and for those accepting it after that date, which date shall not be beyond 30 June 1996, it shall enter into force on the 30th day following the date of each acceptance. If a Member whose schedule is annexed to this Protocol does not accept it by that date, the matter shall be referred to the Council for Trade in Services for consideration and appropriate action.4. This Protocol shall be deposited with the Director-General of the World Trade Organization. The Director-General shall promptly furnish to each Member a certified copy of this Protocol and notifications of acceptances thereof pursuant to paragraph 3.5. This Protocol shall be registered in accordance with the provisions of Article 102 of the Charter of the United Nations.Done at Geneva this . . . day of [month] one thousand nine hundred and ninety-five, in a single copy in the English, French and Spanish languages, each text being authentic, except as otherwise provided for in respect of the schedules annexed hereto.EUROPEAN COMMUNITY AND ITS MEMBER STATES SCHEDULE OF SPECIFIC COMMITMENTS Supplement 2 (This is authentic in English only) This text supplements the entries relating to the movement of natural persons section contained on pages 7 to 11 document GATS/SC/31.EUROPEAN COMMUNITY AND ITS MEMBER STATES SCHEDULE OF SPECIFIC COMMITMENTSModes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons>TABLE>DECISION ON MOVEMENT OF NATURAL PERSONS COMMITMENTS Adopted by the Council for Trade in Services on 21 July 1995 THE COUNCIL FOR TRADE IN SERVICES,HAVING REGARD to the results of the negotiations conducted under the terms of the Decision on movement of natural persons adopted in Marrakesh on 15 April 1994,HAVING REGARD to the Decision on the movement of natural persons adopted by the Council for Trade in Services on 30 June 1995,DECIDES AS FOLLOWS:1. To adopt the text of the Third Protocol to the General Agreement on Trade in Services.2. Commencing immediately and continuing until the date of entry into force of the Third Protocol to the General Agreement on Trade in Services, Members concerned shall, to the fullest extent consistent with their existing legislation, not take measures which would be inconsistent with their undertakings resulting from these negotiations.3. The Council for Trade in Services shall monitor the acceptance of the Protocol by Members concerned and shall, at the request of a Member, examine any concerns raised regarding the application of paragraph 2 above.


title: The work of the Plenary and initiative reports (amendment of the Rules of Procedure) European Parliament decision of 8 July 2008 on amendment of Parliament's Rules of Procedure in light of the proposals by the Working Party on Parliamentary Reform concerning the work of the Plenary and initiative reports (2007/2272(REG))

text:
               3.12.2009

               EN

               Official Journal of the European Union

               CE 294/86

         Tuesday 8 July 2008The work of the Plenary and initiative reports (amendment of the Rules of Procedure)
   P6_TA(2008)0334
   European Parliament decision of 8 July 2008 on amendment of Parliament's Rules of Procedure inlight of the proposals by the Working Party on Parliamentary Reform concerning the work of thePlenary and initiative reports (2007/2272(REG))
   2009/C 294 E/22

      The European Parliament,
   having regard to the decisions of the Conference of Presidents of 25 October and 12 December 2007,
   having regard to the letters from its President of 15 November 2007 and 31 January 2008,
   having regard to the First Interim Report of the Working Party on Parliamentary Reform concerning ‘The plenary and the calendar of activities’ submitted to the Conference of Presidents on 6 September 2007, and to its conclusions concerning initiative reports,
   having regard to Article 199 of the EC Treaty,
   having regard to Rules 201 and 202 of its Rules of Procedure,
   having regard to the report of the Committee on Constitutional Affairs (A6-0197/2008),

               1.

               Decides to amend its Rules of Procedure as shown below;

               2.

               Points out that the amendments will enter into force on the first day of the next part-session, except for points 2 and 3 of the new Annex IIa, which will enter into force on the first day of its parliamentary term starting in July 2009; points out that Rule 45(1a) shall equally apply to reports authorised before this provision has entered into force;

               3.

               Decides that amendment 5 concerning Rule 39(2) in its decision of 13 November 2007 on the amendment of Parliament's Rules of Procedure in light of the Statute for Members (1) will enter into force on the first day of the next part-session;

               4.

               Decides, pursuant to Rule 204(c), to publish the decision of the Conference of Presidents on the Rules and Practices concerning own-initiative reports as modified by its decisions of 12 December 2007 and of 14 February 2008 as an annex to the Rules of Procedure; instructs its Secretary General to update this annex in accordance with future decisions by the Conference of Presidents concerning this matter;

               5.

               Instructs its President to forward this decision to the Council and the Commission, for information.

               PRESENT TEXT

               AMENDMENTS

                  Amendment 1

                  Parliament's Rules of Procedure

                  Rule 38a (new)

                     Rule 38a

                     Rights of initiative conferred on Parliament by the Treaties

                     In cases where the Treaties confer a right of initiative on Parliament, the committee responsible may decide to draw up an own-initiative report.

                     The report shall comprise:

                                 (a)

                                 a motion for a resolution;

                                 (b)

                                 where appropriate, a draft decision or a draft proposal;

                                 (c)

                                 an explanatory statement including, where appropriate, a financial statement.

                     Where the adoption of an act by Parliament requires the approval or the consent of the Council and the opinion or the consent of the Commission, Parliament may, following the vote on the proposed act, and on a proposal by the rapporteur, decide to postpone the vote on the motion for a resolution until the Council or the Commission have stated their position.

                  Amendment 2

                  Parliament's Rules of Procedure

                  Rule 45 — paragraph 1a (new)

                                 1a.

                                 Motions for a resolution contained in own-initiative reports shall be examined by Parliament pursuant to the short presentation procedure set out in Rule 131a. Amendments to such motions for a resolution shall not be admissible for consideration in plenary unless tabled by the rapporteur to take account of new information, but alternative motions for a resolution may be tabled in accordance with Rule 151(4). This paragraph shall not apply where the subject of the report qualifies for a key debate in plenary, where the report is drawn up pursuant to the right of initiative referred to in Rule 38a or 39, or where the report can be considered a strategic report according to the criteria set out by the Conference of Presidents

                               (2).

                  Amendment 3

                  Parliament's Rules of Procedure

                  Rule 45 — paragraph 2 — subparagraph 1

                           2.

                              The provisions of this Rule shall apply mutatis mutandis in cases where the Treaties attribute the right of initiative to Parliament.

                           2.

                              Where the subject of the report comes under the right of initiative referred to in Rule 38a, authorisation may be withheld only on the grounds that the conditions set out in the Treaties are not met.

                  Amendment 4

                  Parliament's Rules of Procedure

                  Rule 45 — paragraph 2 — subparagraph 2

               In
                     such
                   cases, the Conference of Presidents shall take a decision within two months.

                                 2a.

                           In
                                 the
                               cases
                                 referred to in Rule 38a and Rule 39
                              , the Conference of Presidents shall take a decision within two months.

                  Amendment 5

                  Parliament's Rules of Procedure

                  Rule 110 — paragraph 1

                           1.

                              Questions for written answer may be put by any Member to the Council or the Commission. The content of questions shall be the sole responsibility of their authors.

                           1.

                              Any Member may put questions for written answer to the Council or the Commission in accordance with guidelines laid down in an annex to these Rules of Procedure

                               (3). The content of questions shall be the sole responsibility of their authors.

                  Amendment 6

                  Parliament's Rules of Procedure

                  Rule 110 — paragraph 2

                           2.

                           Questions shall be submitted in writing to the President who shall forward them to the institution concerned.

                           2.

                           Questions shall be submitted in writing to the President who shall forward them to the institution concerned.
                                 Doubts concerning the admissibility of a question shall be settled by the President. His decision shall be notified to the questioner.

                  Amendment 7

                  Parliament's Rules of Procedure

                  Rule 111 — paragraph 1

                           1.

                           Any Member may put questions for written answer to the European Central Bank.

                           1.

                           Any Member may put questions for written answer to the European Central Bank
                                 in accordance with guidelines laid down in an annex to these Rules of Procedure

                               (4).

                  Amendment 8

                  Parliament's Rules of Procedure

                  Rule 131a (new)

                     Rule 131a

                     Short presentation

                     At the request of the rapporteur or on a proposal of the Conference of Presidents, Parliament may also decide that an item not needing a full debate be dealt with by means of a short presentation in plenary by the rapporteur. In that event, the Commission shall have the opportunity to intervene and any Member shall have the right to react by handing in an additional written statement pursuant to Rule 142(7).

                  Amendment 9

                  Parliament's Rules of Procedure

                  Rule 142 — paragraph 5

                           5.

                           The Commission and Council shall be heard in the debate on a report as a rule immediately after its presentation by the rapporteur.
                                 However, in a debate on a Commission proposal, the President shall invite the Commission to speak first in order to briefly present its proposal, and when debating a text originating from the Council, the President may invite the Council to speak first, in each case to be followed by the rapporteur.
                               The Commission
                                 and
                               Council may be heard again, in particular to respond to the statements made by Members.

                           5.

                           The Commission and Council shall be heard in the debate on a report as a rule immediately after its presentation by the rapporteur. The Commission
                                 , the
                               Council
                                 and the rapporteur
                               may be heard again, in particular to respond to the statements made by Members.

                  Amendment 10

                  Parliament's Rules of Procedure

                  Rule 151 — paragraph 4

                           4.

                           A political group may table an alternative motion for a resolution to a non-legislative motion for a resolution contained in a committee report.

                           4.

                           A political group
                                 or at least forty members
                               may table an alternative motion for a resolution to a non-legislative motion for a resolution contained in a committee report.

               In such a case, the group may not table amendments to the motion for a resolution by the committee responsible. The
                     group's
                   motion for a resolution may not be longer than the committee's motion for a resolution. It shall be put to a single vote in Parliament without amendment.

               In such a case, the group
                     or the members concerned
                   may not table amendments to the motion for a resolution by the committee responsible. The
                     alternative
                   motion for a resolution may not be longer than the committee's motion for a resolution. It shall be put to a single vote in Parliament without amendment.

                     Rule 103(4) shall apply mutatis mutandis.

                  Amendment 11

                  Parliament's Rules of Procedure

                  Annex IIa (new)

                     ANNEX IIa

                     Guidelines for questions for written answer under Rules 110 and 111

                                 1.

                              Questions for written answer shall:

                                       —

                                             fall within the competence and sphere of responsibility of the institution concerned and be of general interest;

                                       —

                                             be concise and contain an understandable interrogation;

                                       —

                                             not contain offensive language;

                                       —

                                             not relate to strictly personal matters.

                                 2.

                              If a question does not comply with these guidelines, the Secretariat shall provide the author with advice on how the question may be drafted in order to be admissible.

                                 3.

                              If an identical or similar question has been put and answered during the preceding six months, the Secretariat shall transmit a copy of the previous question and answer to the author. The renewed question shall not be forwarded to the institution concerned unless the author invokes new significant developments or is seeking further information.

                                 4.

                              If a question seeks factual or statistical information that is already available to Parliament's library, the latter shall inform the Member, who may withdraw the question.

                                 5.

                              Questions concerning related matters may be answered together.

      (1)  Texts adopted, P6_TA(2007)0500.

      (2)
         See the relevant decision of the Conference of Presidents, reproduced in Annex […] to the Rules of Procedure.

      (3)
         See Annex IIa.

      (4)
         See Annex IIa.


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32003D0167

2003/167/EC: Commission Decision of 11 March 2003 terminating the anti-dumping proceeding concerning imports of certain filament yarns of cellulose acetate originating in Lithuania and the United States of America and releasing the amounts secured by way of the provisional duties imposed

Official Journal L 067 , 12/03/2003 P. 0020 - 0021

Commission Decisionof 11 March 2003terminating the anti-dumping proceeding concerning imports of certain filament yarns of cellulose acetate originating in Lithuania and the United States of America and releasing the amounts secured by way of the provisional duties imposed(2003/167/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1), as last amended by Regulation (EC) No 1972/2002(2), and in particular Article 9 thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE(1) On 12 November 2001, the Commission received a complaint concerning the alleged injurious dumping by imports of certain filament yarns of cellulose acetate (product concerned) originating in Lithuania and the United States of America (USA).(2) The complaint was lodged by the Comité International de la Rayonne et des Fibres Synthétiques (CIRFS) acting on behalf of the Community producers responsible for over 90 % of the total Community production of the product concerned pursuant to Articles 4(1) and 5(4) of Council Regulation (EC) No 384/96 (the basic Regulation).(3) The complaint contained prima facie evidence of the existence of dumping and of material injury resulting therefrom, which was considered sufficient to justify the initiation of an anti-dumping proceeding.(4) The Commission, after consultation, by a notice published in the Official Journal of the European Communities(3), accordingly initiated an anti-dumping proceeding concerning imports into the Community of the product concerned, currently classifiable within CN codes 5403 33 10, 5403 33 90 and 5403 42 00 and originating in Lithuania and the USA.(5) The Commission officially advised the exporting producers and importers known to be concerned, the representatives of the exporting country, the representative users, raw material suppliers and the complainant Community producers. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the notice of initiation.B. WITHDRAWAL OF THE COMPLAINT AND TERMINATION OF THE PROCEEDING(6) By a letter of 6 February 2003 to the Commission, CIRFS formally withdrew its complaint.(7) In accordance with Article 9(1) of the basic Regulation, the proceeding may be terminated where the complaint is withdrawn, unless such termination would not be in the Community interest.(8) The Commission considered that the present proceeding should be terminated since the investigation had not brought to light any considerations showing that such termination would not be in the Community interest. Interested parties were informed accordingly and were given the opportunity to comment. No comments were received indicating that such termination would not be in the Community interest.(9) The Commission therefore concludes that the anti-dumping proceeding concerning imports into the Community of the product concerned originating in Lithuania and the USA should be terminated without the imposition of anti-dumping measures.(10) Any duties provisionally secured on the basis of Commission Regulation (EC) No 1662/2002(4), as amended by Regulation (EC) No 158/2003(5), for the product concerned should be released,HAS DECIDED AS FOLLOWS:Article 1The anti-dumping proceeding concerning imports of certain non-textured artificial filament yarn of cellulose acetate, falling within CN codes 5403 33 10, 5403 33 90 and 5403 42 00 and originating in Lithuania and the United States of America, is hereby terminated.Article 2The amounts secured by way of the provisional anti-dumping duty imposed pursuant to Regulation (EC) No 1662/2002 shall be released.Article 3This 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 March 2003.For the CommissionPascal LamyMember of the Commission(1) OJ L 56, 6.3.1996, p. 1.(2) OJ L 305, 7.11.2002, p. 1.(3) OJ C 364, 20.12.2001, p. 3.(4) OJ L 251, 19.9.2002, p. 9; corrigendum OJ L 258, 26.9.2002, p. 35.(5) OJ L 25, 30.1.2003, p. 35.


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32002D0914(01)

Decision of the Management Board of Europol of 11 July 2002 agreeing to the conditions and procedures laid down by Europol adapting the amounts mentioned in the Appendix to the Decision of the Europol Management Board of 16 November 1999 regarding taxes applicable to salaries and emoluments paid to Europol staff members for the benefit of Europol

Official Journal C 218 , 14/09/2002 P. 0001 - 0001

Decision of the Management Board of Europolof 11 July 2002agreeing to the conditions and procedures laid down by Europol adapting the amounts mentioned in the Appendix to the Decision of the Europol Management Board of 16 November 1999 regarding taxes applicable to salaries and emoluments paid to Europol staff members for the benefit of Europol(2002/C 218/01)THE MANAGEMENT BOARD OF EUROPOL,Having regard to the Protocol drawn up on the basis of Article K.3 of the Treaty on European Union and Article 41(3) of the Europol Convention, on the privileges and immunities of Europol, the members of its organs, the deputy directors and employees of Europol(1), and in particular Article 10 thereof,Whereas:(1) The Council decided on 13 June 2002 to adapt the salaries and emoluments for Europol officials with 5,2 % with retroactive effect as of 1 July 2001.(2) The Management Board decided through a written procedure on 11 July 2002 to effect an increase in the amounts mentioned in Article 4 of the Appendix to the Decision of the Management Board of 16 November 1999(2) by the same percentage and as of the same date as determined by the Council Decision of 13 June 2002 mentioned under point 1.(3) In accordance with the same decision of the Management Board of 11 July 2002 the values thus established should be published in the Official Journal of the European Communities,HAS DECIDED AS FOLLOWS:Article 1With effect from 1 July 2001:1. The value mentioned in the first sentence of Article 4 of the Appendix to the Decision of the Europol Management Board of 16 November 1999 shall be replaced by EUR 101,29.2. The values in euro units of the table included in Article 4 of the Appendix to the Decision of the Europol Management Board of 16 November 1999 shall be replaced by the following:8 % to amounts between EUR 101,30 and EUR 1784,32,10 % to amounts between EUR 1784,33 and EUR 2457,64,12,5 % to amounts between EUR 2457,65 and EUR 2816,59,15 % to amounts between EUR 2816,60 and EUR 3198,67,17,5 % to amounts between EUR 3198,68 and EUR 3557,63,20 % to amounts between EUR 3557,64 and EUR 3905,57,22,5 % to amounts between EUR 3905,58 and EUR 4264,52,25 % to amounts between EUR 4264,53 and EUR 4612,47,27,5 % to amounts between EUR 4612,48 and EUR 4971,43,30 % to amounts between EUR 4971,44 and EUR 5319,38,32,5 % to amounts between EUR 5319,39 and EUR 5678,33,35 % to amounts between EUR 5678,34 and EUR 6026,82,40 % to amounts between EUR 6026,83 and EUR 6385,79,45 % to amounts above EUR 6385,80.Article 2This Decision shall be published in the Official Journal of the European Communities.Article 3This Decision shall enter into force the day following that of its adoption.Done at The Hague, 11 July 2002.J. ScharfChairman of the Management Board(1) OJ C 221, 19.7.1997, p. 2.(2) OJ C 65, 28.2.2001, p. 8.