title: 2014/543/EU: Decision of the European Parliament of 3 April 2014 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2012, Section II — European Council and Council

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/24

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on discharge in respect of the implementation of the general budget of the European Union for the financial year 2012, Section II — European Council and Council
   (2014/543/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2012 (1),

               —

               having regard to the consolidated annual accounts of the European Union for the financial year 2012 (COM(2013) 570 – C7-0275/2013) (2),

               —

               having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2012, 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 2012 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 Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (6), and in particular Articles 164, 165 and 166 thereof,

               —

               having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (7),

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A7-0189/2014),

               1.

               Postpones its decision on granting the Secretary-General of the Council discharge in respect of the implementation of the European Council’s and the Council’s budget for the financial year 2012;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the European Council, the Council, the Commission, the Court of Justice of the European Union, the Court of Auditors, the European Ombudsman and the European Data Protection Supervisor, 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 56, 29.2.2012.

      (2)  OJ C 334, 15.11.2013, p. 1.

      (3)  OJ C 331, 14.11.2013, p. 1.

      (4)  OJ C 334, 15.11.2013, p. 122.

      (5)  OJ L 248, 16.9.2002, p. 1.

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

      (7)  OJ C 373, 20.12.2013, p. 1.


title: Council Decision (CFSP) 2015/1764 of 1 October 2015 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine

text:
               2.10.2015

               EN

               Official Journal of the European Union

               L 257/42

         COUNCIL DECISION (CFSP) 2015/1764
   of 1 October 2015
   amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 31 July 2014, the Council adopted Decision 2014/512/CFSP (1) concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine.

               (2)

               The Council considers that those restrictive measures should not affect the European space industry.

               (3)

               Therefore, certain operations concerning specific pyrotechnics referred to in the Common Military List of the European Union (2), necessary for the use of launchers operated by launch service providers of Member States or established in a Member State, or for the use of launches of space programmes of the Union, its Member States or of the European Space Agency, or for the fuelling of satellites by satellites manufacturers established in a Member State, should be permitted,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2014/512/CFSP is hereby amended as follows:

               (1)

               in Article 2, the following paragraphs are added:
               ‘5.   The prohibitions in paragraphs 1 and 3 shall not apply to:

                           (a)

                           the sale, supply, transfer or export and to the import, purchase or transport of hydrazine (CAS 302-01-2) in concentrations of 70 per cent or more;

                           (b)

                           the import, purchase or transport of unsymmetrical dimethyl hydrazine (CAS 57-14-7);

                           (c)

                           the sale, supply, transfer or export and to the import, purchase or transport of monomethyl hydrazine (CAS 60-34-4);

                     for use of launchers operated by European launch service providers, or for the use of launches of European space programmes, or for the fuelling of satellites by European satellites manufacturers.
               The amount of any export of hydrazine shall be calculated in accordance with the launch or launches or the satellites for which it is made and shall not exceed a total quantity of 800 kg for each individual launch or satellite. The amount of any export of monomethyl hydrazine shall be calculated in accordance with the launch or launches or the satellites for which it is made.
               6.   The prohibitions in paragraph 2 shall not apply to the provision of technical assistance, brokering services or other services, and to the provision of financing or financial assistance, related to the operations referred to in points (a), (b) and (c) of paragraph 5.
               7.   The operations referred to in points (a), (b) and (c) of paragraph 5 and in paragraph 6 shall be subject to prior authorisation by the competent authorities of the Member States. Member States shall duly inform the Council in all cases where they grant an authorisation. The information shall include the details of the amounts transferred and of the end-use.’;

               (2)

               in Article 9(1) the following subparagraph is added:
               ‘Article 2(6) shall apply from 9 October 2015.’

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

      Done at Luxembourg, 1 October 2015.

            For the Council

            The President

         E. SCHNEIDER

      (1)  Decision 2014/512/CFSP of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine (OJ L 229, 31.7.2014, p. 13).

      (2)  OJ C 129, 21.4.2015, p. 1.


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31992D0177

92/177/EEC: Commission Decision of 16 March 1992 accepting an undertaking given by a Japanese producer in connection with the anti-dumping proceeding concerning imports of certain thermal paper originating in Japan, and terminating the investigation with regard to the producer in question

Official Journal L 081 , 26/03/1992 P. 0022 - 0023

COMMISSION DECISION  of 16 March 1992  accepting an undertaking given by a Japanese producer in connection with the anti-dumping proceeding concerning imports of certain thermal paper originating in Japan, and terminating the investigation with  regard to the producer in question  (92/177/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 10 thereof,  After consultations within the Advisory Committee as provided for by Regulation (EEC) No 2423/88,  Whereas:  A. Provisional measures  (1) The Commission, by Regulation (EEC) No 2805/91 (2), imposed a provisional anti-dumping duty on imports into the Community of certain thermal paper (hereinafter referred to as 'telefax paper') originating in Japan, and falling within CN codes ex 3703  90 90 and ex 4810 11 90. The Council, by Regulation (EEC) No 103/92 (3), extended this duty for a period not exceeding two months.  B. Imposition of a definitive duty  (2) Following the imposition of the provisional anti-dumping duty, the interested parties who so requested were granted an opportunity to be heard by the Commission. They also made written submissions making known their views on the findings.  (3) The Commission pursued its investigation into the dumping and resultant injury. On the basis of its conclusions, the Commission has proposed to the Council to adopt a Regulation imposing a definitive anti-dumping duty on imports of telefax paper  originating in Japan, and definitively collecting the provisional anti-dumping duty imposed on these imports.  C. Undertaking  (4) After all producers concerned were notified of the results of the investigation, Tomoegawa Paper Co. Ltd offered an undertaking in accordance with Article 10 of Regulation (EEC) No 2423/88.  (5) The effect of this undertaking would be to increase export prices by an amount that would be sufficient to eliminate the dumping established. The Commission believes that, administratively, it will be possible to verify that this undertaking is  being respected. In view of this, the Commission considers that the undertaking offered is acceptable and that the investigation concerning the company in question may be closed without imposition of an anti-dumping duty.  (6) Should this undertaking not be complied with or be withdrawn by the producer concerned, the Commission could, in accordance with Article 10 (6) of Regulation (EEC) No 2423/88, immediately impose a provisional duty on the basis of the results and  conclusions of the investigation set out in Council Regulation (EEC) No 729/92 (4). Subsequently, a definitive duty could also be imposed by the Council on the basis of information gathered in this investigation.  (7) When the Advisory Committee was consulted on the acceptance of the undertaking offered, no objections were raised,  HAS DECIDED AS FOLLOWS:  Article 1  The undertaking offered by Tomoegawa Paper Co., Ltd in connection with the anti-dumping proceeding concerning imports of telefax paper originating in Japan, is hereby accepted.  This acceptance shall take effect on the day of entry into force of the definitive duty.  Article 2  The investigation in connection with the anti-dumping proceeding referred to in Article 1 is hereby terminated in respect of Tomoegawa Paper Co., Ltd.Done at Brussels, 16 March 1992.For the Commission  Frans ANDRIESSEN  Vice-President   (1) OJ No L 209, 2. 8. 1988, p. 1.(2) OJ No L 270, 26. 9. 1991, p. 15.(3) OJ No L 11, 17. 1. 1992, p. 33.(4) See page 1 of this Official Journal.


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31988D0452

88/452/EEC: Council Decision of 30 June 1988 concerning the conclusion of an Additional Protocol to the Cooperation Agreement between the European Economic Community and the Kingdom of Morocco

Official Journal L 224 , 13/08/1988 P. 0017 - 0017 Finnish special edition: Chapter 11 Volume 14 P. 0131  Swedish special edition: Chapter 11 Volume 14 P. 0131

COUNCIL DECISIONof 30 June 1988concerning the conclusion of an Additional Protocol to the Cooperation Agreement between the European Economic Community and the Kingdom of Morocco(88/452/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Article 238 thereof,Having regard to the recommendation from the Commission,Having regard to the assent of the  European Parliament (1),Whereas the Additional Protocol to the Cooperation Agreement between the European Economic Community and the Kingdom of Morocco (2), signed at Rabat on 27 April 1976, should be approved,HAS DECIDED AS FOLLOWS:   Article 1 The additional Protocol to the Cooperation Agreement between the European Economic Community and the Kingdom of Morocco is hereby approved on behalf of the Community.  The text of the Protocol is attached to the Decision. Article 2 The President of the Council shall give the notification provided for in Article 8 of the Protocol (3). Article 3 This Decision shall take effect on the day following its publication in the Official Journal of the European Communities.  Done at Luxembourg, 30 June 1988.For the Council The President Ch. SCHWARZ-SCHILLING  (1) OJ No C 187, 18. 7. 1988. (2) OJ No L 264, 27. 9. 1978, p. 2. (3) The date of entry into force of the Protocol will be published in the Official Journal of the European Communities, by the General Secretariat of the Council.


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31995D0345

95/345/EC: Commission Decision of 3 August 1995 terminating the anti-dumping proceeding concerning imports into the United Kingdom of ammonium nitrate originating in Russia and terminating the anti-dumping review investigation concerning imports into the United Kingdom of ammonium nitrate originating in Lithuania

Official Journal L 198 , 23/08/1995 P. 0029 - 0030

COMMISSION DECISION of 3 August 1995  terminating the anti-dumping proceeding concerning imports into the United Kingdom of ammonium  nitrate originating in Russia and terminating the anti-dumping review investigation concerning  imports into the United Kingdom of ammonium nitrate originating in Lithuania (95/345/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 3283/94 of 22 December 1994 on protection against  dumped imports from countries not members of the European Community  (1), as last amended by  Regulation (EC) No 1251/95  (2), and in particular Article 23 thereof, Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on production against dumped  as subsidized imports from countries not members of the European Economic Community  (3), as last  amended by Regulation (EC) No 522/94  (4), and in particular Article 9 thereof, After consulting the Advisory Committee, Whereas: A.  PROCEDURE (1)  In November 1992 the Commission initiated an anti-dumping proceeding  concerning imports of ammonium nitrate originating in Belarus, Georgia, Lithuania, Russia,  Turkmenistan, Ukraine and Uzbekistan into the United Kingdom (hereinafter referred to as 'the UK  regional proceeding`)  (5). (2)  In May 1994, the anti-dumping proceeding concerning imports originating in Belarus, Georgia,  Turkmenistan, Ukraine and Uzbekistan was terminated by Commission Decision 94/293/EC  (6). By the  same Decision, the investigation with regard to Lithuania and Russia was terminated by the  acceptance of undertakings concerning imports of ammonium nitrate from both countries. (3)  In June 1994, the Commission initiated an anti-dumping proceeding concerning imports of  ammonium nitrate originating in Lithuania and Russia into the Community as a whole (hereinafter  referred to as 'the Community-wide proceeding`)  (7). (4)  Following the initiation of the Community-wide proceeding, it became clear that should  protective measures prove necessary, such measures would apply to the whole Community, including  the United Kingdom. In such a case, the measures taken in the UK regional proceeding concerning  imports from Russia and/or Lithuania would have to be repealed, since the United Kingdom market  could not be simultaneously protected by two separate anti-dumping measures concerning imports of  the same product from the same origin. In these circumstances, and without prejudice to the outcome of the Community-wide investigation, a  review of Decision 94/293/EC was initiated  (8), in order to allow interested parties to put  forward their views on this issue. (5)  No interested party commented directly on the issue raised in recital 4. B.  CONCLUSION OF COMMUNITY-WIDE INVESTIGATION (6)  The Community-wide investigation was  concluded by Council Regulation (EC) No 2022/95  (9) imposing a definitive anti-dumping duty on  imports of ammonium nitrate originating in Russia, and by Commission Decision 95/344/EC  (10)  terminating the Community-wide proceeding as regards imports originating in Lithuania. C.  AMENDMENT TO DECISION 94/293/EC (7)  In view of the imposition of a Community-wide  anti-dumping duty on imports of ammonium nitrate originating in Russia, the Commission, in order to  prevent the simultaneous imposition of two separate anti-dumping measures on these imports in the  United Kingdom market, should not maintain the anti-dumping measure in the form of an undertaking  concerning Russia and therefore the UK regional proceeding as regards imports of Russian ammonium  nitrate should be terminated with effect from the date of entry into force of the Community-wide  measures. (8)  As regards Lithuania, the review of Decision 94/293/EC was limited to the issue raised in  recital 4. In any event, no interested party has provided any evidence that the removal of the  anti-dumping measure concerning imports from Lithuania in the UK regional proceeding would not lead  again to the existence of injury to the UK industry. In these circumstances, the above measure  should remain in force. (9)  A proposal to take the above action was disclosed to all interested parties. No party objected  to the termination of the regional proceeding as regards Russia; neither did any party contest the  maintenance of regional measures in the case of imports from Lithuania. (10)  No objections to the termination of the UK regional proceeding in respect of imports of  ammonium nitrate originating in Russia were raised in the Advisory Committee; neither were there  any objections to the maintenance of the anti-dumping measure concerning imports of ammonium  nitrate originating in Lithuania, HAS DECIDED AS FOLLOWS: Article 1 The anti-dumping proceeding concerning imports into the United  Kingdom of ammonium nitrate originating in Russia is terminated. Article 2 The review of Decision 94/293/EC, as it relates to imports of ammonium nitrate  originating in Lithuania into the United Kingdom, is terminated. Article 3 This Decision shall take effect on the day following its publication in the Official  Journal of the European Communities. Done at Brussels, 3 August 1995. For the Commission Hans VAN DEN BROEK Member of the Commission


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31992D0549

92/549/EEC: Council Decision of 16 November 1992 on the conclusion of a Protocol on financial and technical cooperation between the European Economic Community and the Syrian Arab Republic

Official Journal L 352 , 02/12/1992 P. 0021 - 0021

COUNCIL DECISION of 16 November 1992 on the conclusion of a Protocol on financial and technical cooperation between the European Economic Community and the Syrian Arab Republic (92/549/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 238 thereof,  Having regard to the recommendation from the Commission,  Having regard to the assent of the European Parliament(1) ,  Whereas the Protocol on financial and technical cooperation between the European Economic Community and the Syrian Arab Republic should be approved,  HAS DECIDED AS FOLLOWS:  Article 1  The Protocol on financial and technical cooperation between the European Econonmic Community and the Syrian Arab Republic is hereby approved on behalf of the Community.  The text of the Protocol is attached to this Decision.  Article 2  The President of the Council shall give the notification provided for in Article 21 of the Protocol(2) .  Article 3  This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Communities.  Done at Brussels, 16 November 1992.  For the Council The President J. GUMMER  (1) Assent delivered on 28 October 1992 (not yet published in the Official Journal).  (2) The date of entry into force of the Protocol will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


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31997D0304

97/304/EC, Euratom: Council Decision of 29 April 1997 appointing a member of the Economic and Social Committee

Official Journal L 126 , 17/05/1997 P. 0028 - 0028

COUNCIL DECISION of 29 April 1997 appointing a member of the Economic and Social Committee (97/304/EC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 195 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,Having regard to the Council Decision 94/660/EC, Euratom of 26 September 1994 appointing the members of the Economic and Social Committee for the period up to 20 September 1998 (1),Whereas a seat as a member of that Committee has fallen vacant following the resignation of Mr Harald Ettl of which the Council was notified on 29 November 1996;Having regard to the nominations submitted by the Austrian Government on 14 February 1997,Having obtained the opinion of the Commission of the European Communities,HAS DECIDED AS FOLLOWS:Sole Article Mr Harald Glatz is hereby appointed a member of the Economic and Social Committee in place of Mr Harald Ettl for the remainder of the latter's term of office, which runs until 20 September 1998.Done at Luxembourg, 29 April 1997.For the CouncilThe PresidentH. VAN MIERLO(1) OJ No L 257, 5. 10. 1994, p. 20.


title: 2006/397/EC: Decision of the European Parliament and of the Council of  27 April 2006  on the mobilisation of the EU Solidarity Fund according to point 3 of the Interinstitutional Agreement of  7 November 2002  between the European Parliament, the Council and the Commission on the financing of the European Union Solidarity Fund supplementing the Interinstitutional Agreement of  6 May 1999  on budgetary discipline and improvement of the budgetary procedure

text:
               8.6.2006

               EN

               Official Journal of the European Union

               L 154/20

      DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 27 April 2006
   on the mobilisation of the EU Solidarity Fund according to point 3 of the Interinstitutional Agreement of 7 November 2002 between the European Parliament, the Council and the Commission on the financing of the European Union Solidarity Fund supplementing the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure
   (2006/397/EC)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Interinstitutional Agreement of 7 November 2002 between the European Parliament, the Council and the Commission on the financing of the European Union Solidarity Fund supplementing the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure (1), and in particular point 3 thereof,
   Having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (2),
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The European Union has created a European Union Solidarity Fund (the Fund) to show solidarity with the population of regions struck by disasters.

               (2)

               The Interinstitutional Agreement of 7 November 2002 allows the mobilisation of the Fund within the annual ceiling of EUR 1 billion.

               (3)

               Regulation (EC) No 2012/2002 contains the provisions whereby the Fund may be mobilised.

               (4)

               Bulgaria, Romania and Austria submitted applications to mobilise the Fund, concerning five disasters caused by flooding,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   For the general budget of the European Union for the financial year 2006, the European Union Solidarity Fund shall be mobilised to provide the sum of EUR 106 357 627 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 27 April 2006.

            For the European Parliament

            The President

         J. BORRELL FONTELLES

            For the Council

            The President

         H. WINKLER

      (1)  OJ C 283, 20.11.2002, p. 1.

      (2)  OJ L 311, 14.11.2002, p. 3.


title: Commission Decision of 14 December 2009 amending Decision 2007/230/EC on a form concerning social legislation relating to road transport activities (notified under document C(2009) 9895) (Text with EEA relevance)

text:
               16.12.2009

               EN

               Official Journal of the European Union

               L 330/80

      COMMISSION DECISION

   of 14 December 2009
   amending Decision 2007/230/EC on a form concerning social legislation relating to road transport activities
   (notified under document C(2009) 9895)
   (Text with EEA relevance)
   (2009/959/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on European Union and to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC (1), and in particular Articles 11(3) and 13 thereof,
   Whereas:

               (1)

               The primary source of information at the roadside checks is the recordings made in the tachograph. The lack of records should only be justified where tachograph records, including manual entries, were not possible for objective reasons. In such cases the attestation confirming such reasons should be established.

               (2)

               The form of attestation provided in the Annex to Commission Decision 2007/230/EC (2) proved to be insufficient to cover all cases where it is technically impossible to record a driver’s activities on the recording equipment.

               (3)

               In order to enhance the efficiency and effectiveness of the checking by Member States of compliance with the provisions of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (3), the form should be modified by the insertion of additional elements to those indicated in Article 11(3) of Directive 2006/22/EC.

               (4)

               The form of attestation should be used only if the tachograph records, for objective technical reasons, are unable to demonstrate that the provisions of Regulation (EC) No 561/2006 have been respected.

               (5)

               The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 18(1) of Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (4),

         HAS ADOPTED THIS DECISION:
   Article 1
   The Annex to Decision 2007/230/EC is replaced by the text in the Annex to this Decision.
   Article 2
   This Decision is addressed to the Member States.

      Done at Brussels, 14 December 2009.

            For the Commission

         Antonio TAJANI

            Vice-President

      (1)  OJ L 102, 11.4.2006, p. 35.

      (2)  OJ L 99, 14.4.2007, p. 14.

      (3)  OJ L 102, 11.4.2006, p. 1.

      (4)  OJ L 370, 31.12.1985, p. 8.

      ANNEX


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31974D0584

74/584/EEC, Euratom, ECSC: Council Decision of 26 November 1974 on the adjustment of Article 32 of the ECSC Treaty, Article 165 of the EEC Treaty and Article 137 of the Euratom Treaty

Official Journal L 318 , 28/11/1974 P. 0022 - 0022 Finnish special edition: Chapter 1 Volume 1 P. 0110  Swedish special edition: Chapter 1 Volume 1 P. 0110

COUNCIL DECISION  of 26 November 1974  on the adjustment of Article 32 of the ECSC Treaty, Article 165 of the EEC Treaty and Article 137 of the Euratom Treaty  (74/584/EEC, Euratom, ECSC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the final paragraph of Article 32 of the Treaty establishing the ECSC, the final paragraph of Article 165 of the Treaty establishing the EEC and the final paragraph of Article 137 of the Treaty establishing the EAEC;  Having regard to the joint declaration on the Court of Justice annexed to the final act of the conference between the European Communities and the States which have applied for accession to those Communities;  Having regard to the request by the Court of Justice;  Whereas the provisions of the third paragraph of Article 32 of the Treaty establishing the ECSC, the third paragraph of Article 165 of the Treaty establishing the EEC and the third paragraph of Article 137 of the Treaty establishing the EAEC should be adapted so as to enable the Court of Justice to assign, within the framework of its Rules of Procedure, certain classes of preliminary rulings to its chambers,  HAS DECIDED AS FOLLOWS:    Article 1 The third paragraph of Article 32 of the Treaty establishing the ECSC shall be replaced by the following:  "Whenever the Court of Justice hears cases brought before it by a Member State or by one of the institutions of the Community or, to the extent that the chambers of the court do not have the requisite jurisdiction under the Rules of Procedure, has to give preliminary rulings on questions submitted to it pursuant to Article 41, it shall sit in plenary session."  The third paragraph of Article 165 of the Treaty establishing the EEC shall be replaced by the following:  "Whenever the Court of Justice hears cases brought before it by a Member State or by one of the institutions of the Community or, to the extent that the chambers of the court do not have the requisite jurisdiction under the Rules of Procedure, has to give preliminary rulings on questions submitted to it pursuant to Article 177, it shall sit in plenary session."  The third paragraph of Article 137 of the Treaty establishing the EAEC shall be replaced by the following:  "Whenever the Court of Justice hears cases brought before it by a Member State or by one of the institutions of the Community or, to the extent that the chambers of the court do not have the requisite jurisdiction under the Rules of Procedure, has to give preliminary rulings on questions submitted to it pursuant to Article 150, it shall sit in plenary session."   Article 2 This Decision shall be published in the Official Journal of the European Communities.     Done at Brussels, 26 November 1974.  For the Council  The President  J. LECANUET


title: 2007/739/EC: Council Decision of 22 October 2007 concerning the conclusion of an agreement between the European Community and the Russian Federation on trade in certain steel products

text:
               17.11.2007

               EN

               Official Journal of the European Union

               L 300/51

         COUNCIL DECISION
   of 22 October 2007
   concerning the conclusion of an agreement between the European Community and the Russian Federation on trade in certain steel products
   (2007/739/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 Russian Federation (1), hereinafter referred to as ‘the PCA’, entered into force on 1 December 1997.

               (2)

               Article 21(1) of the PCA provides that trade in certain steel products is governed by Title III of that Agreement with the exception of Article 15 thereof, and by the provisions of an agreement on quantitative arrangements.

               (3)

               For the years 1995-2006, 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 Russian Federation 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 Luxembourg, 22 October 2007.

            For the Council

            The President

         J. SILVA

      (1)  OJ L 327, 28.11.1997, p. 3.
    ---documentbreak---

               17.11.2007

               EN

               Official Journal of the European Union

               L 300/52

         AGREEMENT
   between the European Community and the Russian Federation on trade in certain steel products
   THE EUROPEAN COMMUNITY,
   of the one part, and
   THE RUSSIAN FEDERATION,
   of the other part,
   being the Parties to this Agreement,
   WHEREAS the Partnership and Cooperation Agreement (hereinafter referred to as the ‘PCA’) establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part (1), entered into force on 1 December 1997;
   WHEREAS the Parties are desirous to promote the orderly and equitable development of trade in steel between the European Community (hereinafter referred to as the ‘community’) and the Russian Federation (hereinafter referred to as ‘Russia’);
   WHEREAS Article 21 of the PCA provides that trade in the steel products of the former European Coal and Steel Community, hereinafter referred to as ‘ECSC’, shall be governed by Title III, save for Article 15 thereof, and by the provisions of an agreement;
   WHEREAS this Agreement is the agreement referred to in Article 21 of the PCA;
   BEARING in mind the process of accession of Russia to the World Trade Organisation (WTO) and Community support for the integration of Russia into the international trading system;
   WHEREAS for the years 1995-2006 trade in certain steel products was the subject of agreements; it is appropriate to put in place a new agreement which takes account of developments in the relationship between the Parties;
   WHEREAS this Agreement should be accompanied by cooperation between the Parties in respect of their steel industries, including appropriate exchanges of information, within the Contact Group on coal and steel as foreseen in Protocol 1 to 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 the period of validity of the present Agreement for each calendar year quantitative arrangements fixing the limits set out in Annex II on Russian exports to the Community of the products set out in Annex I. Such exports shall be subject to a double-checking system as specified in Protocol A attached to this Agreement.
   2.   The Parties agree that imports into the Community from Russia of products included in Annex I as from 1 January 2007 until the entry into force of this Agreement shall be deducted from the quantitative limits set out in Annex II.
   3.   Imports of quantities in excess of those mentioned in Annex II shall be authorised where the Community’s steel industry is unable to meet the internal demand which results in a shortage of supply for one or more products listed 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 quantitative limits set out in Annex II.
   4.   In the case where candidate countries for membership of the European Union accede before the termination of this Agreement, the Parties agree to consider increasing the quantitative limits set out in Annex II.
   Article 3
   1.   Imports into the customs territory of the Community for free circulation of the products set out 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 Russia, and to proof of origin in accordance with the provisions of Protocol A attached to this Agreement.
   2.   Imports into the customs territory of the Community of the products set out 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.   Carry-over to the corresponding quantitative limits for the following calendar year of the amounts of quantitative limits not used during the first calendar year is authorised up to 7 % of the relevant quantitative limit set out in Annex II for a product group in question for the year in which it was not used. Russia shall notify the Community no later than 31 March of the following year if it intends to make use of this provision.
   4.   Up to 7 % of the quantitative limit for a given product group may be transferred to one or more other groups within the same product category, that is to say within categories SA or SB. Furthermore, transfers between SA and SB categories are permitted up to 25 000 tonnes. In addition, up to another 25 000 tonnes may be transferred between SA and SB following agreement between the Parties. After Russia’s request to transfer this additional 25 000 tonnes, the Community shall inform Russia of its decision within a reasonable period of time, if possible within 60 days from the date of receipt of the request. Such transfers can take place once in the course of a calendar year. Any adjustments to the quantitative limits resulting from transfers shall only affect the calendar year in progress. Russia shall notify the Community no later than 1 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 Community authorities shall inform Russia by the 28th of each month of the import authorisations issued during the preceding month,

               —

               the Russian authorities shall inform the Community by the 28th of each month of the export licences 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, the Community and Russia agree to take all necessary steps to prevent, to investigate and to take any necessary legal and/or administration action against circumvention, notably 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. Accordingly, the Community and Russia 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 the Community believe on the basis of information available that this Agreement is being circumvented, the Community may request consultations with Russia which shall be held immediately.
   4.   Pending the results of the consultations referred to in paragraph 3, Russia shall, as a precautionary measure, and if so requested by the Community, take all necessary measures to ensure that, where sufficient evidence of circumvention is provided, adjustments of the quantitative limits liable to be agreed following the consultations referred to in paragraph 3 shall be 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:

               (a)

               where there is sufficient evidence that products covered by this Agreement originating in Russia have been imported in circumvention of this Agreement, to set off the relevant quantities against the quantitative limits established under the Agreement;

               (b)

               where sufficient evidence shows false declaration concerning quantities, description or classification has occurred, to refuse to import the products in question.

         6.   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 established under this Agreement 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 customers), 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.   Russia shall endeavour to ensure that exports into the Community of products set out 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 Russian 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 Russian authorities may continue to issue export licences for the products set out in Annex I provided they do not exceed the quantities set out in Annex II.
   Article 6
   1.   Where any product set out in Annex I is being imported into the Community from Russia under such conditions as to cause or threaten to cause substantial injury to Community producers of like products, the Community shall supply Russia with all relevant information with a view to seeking a solution acceptable to both Parties. The Parties shall commence consultations promptly.
   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 18 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’. Any amendment to the Combined Nomenclature (CN) made in accordance with the procedures in force in the Community concerning the products set out in Annex I or any decision relating to the classification of goods shall not have the effect of reducing the quantitative limits of the products 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 Russia and shall not have the effect of reducing the quantitative limits of this Agreement. The procedures for control of the origin of the products referred to above are laid down in Protocol A attached to this Agreement.
   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 available statistical information relating to trade in the products set out 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 and 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 provided for 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 Party. 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 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 endeavour to arrive at a mutually acceptable result within one month of their commencement, unless the period is extended by agreement between the Parties.

         Article 10
   1.   This Agreement shall enter into force on the day of its signature. It shall remain in force until 31 December 2008 subject to any modifications agreed by the Parties and unless it is denounced or terminated in accordance with the provisions of paragraphs 3 or 4. After 31 December 2008 this Agreement shall be automatically renewed year by year provided that neither Party gives the other Party written notice of denunciation of the Agreement at least six months before it expires. With each yearly renewal, quantities in every product group shall be increased by 2,5 %.
   2.   Either Party may at any time propose modifications to this Agreement which shall require the mutual consent of the Parties and take effect as agreed by them.
   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 limits established by this Agreement 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 Russia accedes to the WTO before the expiration of this Agreement, the Agreement shall be terminated as of the date of accession.
   5.   The Annexes, the agreed minute, the declarations and Protocol A attached to this Agreement shall form an integral part thereof.

      This Agreement shall be drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Russian languages, each of these texts being equally authentic.
      Изготвено в Мафра на двадесет и шести октомври, две хиляди и седма година.
      Hecho en Mafra, el veintiseis de octubre de dos mil siete.
      V Mafře dne dvacátého šestého října dva tisíce sedm.
      Udfærdiget i Mafra, den seksogtyvende oktober to tusind og syv.
      Geschehen zu Mafra am sechsundzwanzigsten Oktober zweitausendsieben.
      Sõlmitud Mafras kahekümne kuuendal oktoobril kahe tuhande seitsmendal aastal.
      Έγινε στη Μάφρα, στις είκοσι έξι Οκτωβρίου δύο χιλιάδες επτά.
      Done at Mafra on the twenty-sixth day of October in the year two thousand and seven.
      Fait à Mafra, le vingt-six octobre deux mille sept.
      Fatto a Mafra, addì ventisei ottobre duemilasette.
      Mafrā, divi tūkstoši septītā gada divdesmit sestajā oktobrī.
      Priimta Mafroje, du tūkstančiai septintųjų metų spalio dvidešimt šeštą dieną.
      Kelt Mafrában, a kétezer-hetedik év október havának huszonhatodik napján.
      Magħmul f'Mafra, fis-sitta u għoxrin jum ta' Ottubru fis-sena elfejn u sebgħa.
      Gedaan te Mafra, de zesentwintigste oktober tweeduizendzeven.
      Sporządzono w Mafrze dnia dwudziestego szóstego października dwa tysiące siódmego roku.
      Feito em Mafra, em vinte e seis de Outubro de dois mil e sete.
      Întocmit la Mafra la douăzeci și șase octombrie două mii șapte.
      V Mafre dvadsiateho šiesteho októbra dvetisícsedem.
      V Mafri, šestindvajsetega oktobra leta dva tisoč sedem.
      Tehty Mafrassa kahdentenakymmenentenäkuudentena päivänä lokakuuta vuonna kaksituhattaseitsemän.
      Som skedde i Mafra den tjugosjätte oktober år tjugohundrasju.
      Совершено в г. Мафра двадцать шестого октября 2007 г.

         За Европейската общност
         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-Komunitá Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Pentru Comunitatea Europeană
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         På Europeiska gemenskapens vägnar
         За Европейскoe coобщнeстbo

         За Руската Федерация
         Por la Federación de Rusia
         Za Ruskou federaci
         For Den Russiske Føderation
         Für die Russische Föderation
         Venemaa Föderatsiooni nimel
         Για τη Ρωσική Ομοσπονδία
         For the Russian Federation
         Pour la Fédération de Russie
         Per la Federazione russa
         Krievijas Federācijas vārdā
         Rusijos Federacijos vardu
         Az Orosz Föderáció részéről
         Għall-Federazzjoni Russa
         Voor de Russische Federatie
         W imieniu Federacji Rosyjskiej
         Pela Federação da Rússia
         Pentru Federația Rusă
         Za Ruskú federáciu
         Za Rusko federacijo
         Venäjän federaation puolesta
         På ryska federationen vägnar
         За Pоссийскую Федерацико

      (1)  OJ L 327, 28.11.1997, 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

               7225303010

               7225401510

               7225502010

               7225301000

               7225309000

         SA2. Heavy plate

               7208400010

               7208512010

               7208512091

               7208512093

               7208512097

               7208512098

               7208519100

               7208519810

               7208519891

               7208519899

               7208529100

               7208521000

               7208529900

               7208531000

               7211130000

         SA3. Other flat-rolled products

               7208400090

               7208539000

               7208540000

               7208908010

               7209150000

               7209161000

               7209169000

               7209171000

               7209179000

               7209181000

               7209189100

               7209189900

               7209250000

               7209261000

               7209269000

               7209271000

               7209279000

               7209281000

               7209289000

               7209908010

               7210110010

               7210122010

               7210128010

               7210200010

               7210300010

               7210410010

               7210490010

               7210500010

               7210610010

               7210690010

               7210701010

               7210708010

               7210903010

               7210904010

               7210908091

               7211140090

               7211190090

               7211233091

               7211238091

               7211290010

               7211908010

               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

         SA4. Alloyed products

               7226200010

               7226912000

               7226919100

               7226919900

               7226997010

         SA5. Alloyed quarto plates

               7225401230

               7225404000

               7225406000

               7225990010

         SA6. Alloyed cold-rolled and coated sheets

               7225508000

               7225910010

               7225920010

               7226920010

         SB. Long products
   SB1. Beams

               7207198010

               7207208010

               7216311000

               7216319000

               7216321100

               7216321900

               7216329100

               7216329900

               7216331000

               7216339000

         SB2. Wire rod

               7213100000

               7213200000

               7213911000

               7213912000

               7213914100

               7213914900

               7213917000

               7213919000

               7213991000

               7213999000

               7221001000

               7221009000

               7227100000

               7227200000

               7227901000

               7227905000

               7227909500

         SB3. Other longs

               7207191210

               7207191291

               7207191299

               7207205200

               7214200000

               7214300000

               7214911000

               7214919000

               7214991000

               7214993100

               7214993900

               7214995000

               7214997100

               7214997900

               7214999500

               7215900010

               7216100000

               7216210000

               7216220000

               7216401000

               7216409000

               7216501000

               7216509100

               7216509900

               7216990010

               7218992000

               7222111100

               7222111900

               7222118100

               7222118900

               7222191000

               7222199000

               7222309710

               7222401000

               7222409010

               7224900289

               7224903100

               7224903800

               7228102000

               7228201010

               7228201091

               7228209110

               7228209190

               7228302000

               7228304100

               7228304900

               7228306100

               7228306900

               7228307000

               7228308900

               7228602010

               7228608010

               7228701000

               7228709010

               7228800010

               7228800090

               7301100000

         ANNEX II
   QUANTITATIVE LIMITS

               (tonnes)

               Products

               Year 2007

               Year 2008

               SA. Flat products

                  SA1. Coils

               1 042 090

               1 035 000

                  SA2. Heavy plate

               270 820

               275 000

                  SA3. Other flat products

               565 770

               595 000

                  SA4. Alloyed products

               94 860

               105 000

                  SA5. Alloyed quarto plates

               20 460

               25 000

                  SA6. Alloyed cold-rolled and coated sheets

               105 000

               110 000

               SB. Long products

                  SB1. Beams

               55 800

               55 000

                  SB2. Wire rod

               275 000

               324 000

                  SB3. Other long products

               474 200

               507 000

                  Note: SA and SB are product categories.
               SA1 to SA6 and SB1 to SB3 are product groups.

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

               —

               in pursuance of the exchange of information provided for 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,

               —

               if the Parties are unable to reach a satisfactory solution during the consultations provided for in Article 5(2), Russia will cooperate, if so requested by the Community, by not issuing export licences for an intended destination where imports pursuant to such licences would aggravate the problems resulting from sudden and prejudicial changes in traditional trade flows, it being understood that Russia may continue to issue licences for other Community destinations,

               —

               the Parties will cooperate closely in order to prevent sudden and prejudicial changes in traditional trade flows in respect of coils (product group SA1); Russia will give priority to deliveries to its traditional customers for these products in order to avoid disturbing the Community market, and both Parties will inform the other immediately in the event of any emerging problems, and

               —

               Russia 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.

         DECLARATION No 1
   In the case Russian operators were to set up service centres in the Community that would further process products covered by this Agreement imported from Russia, Russia declares that it could request an increase of quantitative limits mentioned in Annex II. In this case, the Community will examine such request of increase and the Parties will enter into consultations if required.
   DECLARATION No 2
   The Parties declare that they aim at achieving complete liberalisation of trade in steel products. Both Parties also 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 Russia, the Community shall provide technical assistance, within relevant earmarked budgetary limits, to help Russia to adopt and implement legislative provisions compatible with those adopted and applied by the Community. The technical assistance shall be channelled through detailed projects agreed by both Parties.
   DECLARATION No 3
   The Parties agree that they shall not apply with respect to the other Party quantitative restrictions, customs duties, charges or any similar measures on the export of ferrous waste and scrap under the EC Combined Nomenclature heading 7204, without prejudice to the provisions of Article 19 of the PCA.
   Without prejudice to the previous paragraph, Russia applies currently a tax on exports of ferrous waste and scrap under the EC Combined Nomenclature 7204. The tax is currently set at 15 % but not less than EUR 15 per tonne for all products of 7204, except for product 7204 41 00 where the tax is set at 5 %.
   The Parties agree to continue the discussion to find a satisfactory solution. Furthermore, it is understood that the quantitative limits set out in Annex II of the Agreement would be increased by 12 % if Russia removes completely the tax or by a lower percentage to be determined if such tax is reduced, provided that no other measures that would constitute an obstacle to free export are introduced by Russia.
   The products of particular interest for the Community are: 7204 10 00, 7204 21 10, 7204 41 10, 7204 49 10, 7204 49 30, 7204 49 91 and 7204 49 99.
   PROTOCOL A
   TITLE I
   CLASSIFICATION
   Article 1
   The competent authorities of the Community undertake to inform Russia of any changes in the Combined Nomenclature (CN) with complete description of products covered by this Agreement at least one month before the date of their entry into force in the Community.
   TITLE II
   ORIGIN
   Article 2
   1.   Products covered by this Agreement originating in Russia (origin as defined by the relevant Community Regulations) to be exported to the Community in accordance with the arrangements established by this Agreement shall be accompanied by a certificate of Russian origin conforming to the model annexed to this Protocol.
   2.   The certificate of origin shall be certified by the competent Russian organisations authorised under Russian legislation as to whether the products in question can be considered products originating in that country.
   Article 3
   The certificate of origin shall be issued only on application in writing by the exporter or, under the exporter’s responsibility, by his authorised representative. The competent Russian organisations authorised under Russian legislation shall ensure that the certificate of origin is properly completed and for this purpose they shall request any necessary documentary evidence or carry out any checking 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 necessary 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 Russian governmental authorities shall issue an export licence in respect of all consignments from Russia of steel products covered by the Agreement up to the relevant quantitative limits set out in Annex II to 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 to 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 transport as evidenced by their bill of lading or other transport document.
   SECTION II
   Importation
   Article 9
   The release for free circulation into the Community of the products covered by the Agreement shall be subject to the presentation of an import authorisation.
   Article 10
   1.   The presentation by the importer of an export licence shall be made not later than 31 March of the year following that in which the goods covered by the licence have been shipped.
   2.   The competent authorities of the Community shall issue the import authorisation referred to in Article 9, within 10 working days of the presentation by the importer of the original of the corresponding export licence.
   3.   The import authorisations shall be valid for four months from the date of their issue for importation throughout the customs territory of the Community.
   4.   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 11
   If the competent authorities of the Community find that the total quantity of the products covered by export licences issued by the competent authorities of Russia exceeds the limits set out in Annex II to the Agreement, the Community authorities shall suspend the further issue of import authorisations. In this event, the competent authorities of the Community shall immediately inform the competent authorities of Russia 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 12
   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 printed script.
   These documents shall measure 210 × 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: RU,

               —

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

                           BE

                           =

                           Belgium

                           BG

                           =

                           Bulgaria

                           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

                           RO

                           =

                           Romania

                           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. ‘7’ for year 2007,

               —

               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 13
   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 14
   1.   In the event of the theft, loss or destruction of an export licence or a certificate of origin, the exporter may apply to the competent Russian authorities which issued the document 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 15
   The Community and Russia 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 16
   In order to ensure the correct application of this Protocol, the Community and Russia offer mutual assistance for the checking of the authenticity and the accuracy of export licences issued and certificates of origin issued or of any declarations made within the terms of this Protocol.
   Article 17
   Russia shall send the Community (European Commission) the names and addresses of the competent Russian governmental authorities which are authorised to issue and to verify export licences and the competent Russian organisations authorised under Russian legislation to issue certificates of origin together with specimens of the stamps and signatures they use. Russia shall also notify the Community (European Commission) of any change in these particulars.
   Article 18
   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 Russian 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 of this Protocol.
   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 or licence 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.
   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 competent Russian organisations 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 19
   1.   Where the verification procedure referred to in Article 18 or where information available to the competent authorities of the Community or of Russia indicates or appears to indicate that the provisions of this 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 Russian 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. Russia 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 Community and Russia, 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 Russia shall exchange any information considered by either Party to be of use in preventing circumvention or infringement of the provisions of this Agreement. These exchanges may include information on the trade in the type of products covered by this Agreement between Russia 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 Russia 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 Russia and the Community may agree to take any measures necessary to prevent a recurrence of such circumvention or infringement.


Avis juridique important

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31994D0044

94/44/EC: Council Decision of 20 December 1993 on the conclusion of the Additional Protocol to the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community, of the one part, and the Republic of Poland, of the other part, and to the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part

Official Journal L 025 , 29/01/1994 P. 0001 - 0001 Finnish special edition: Chapter 11 Volume 28 P. 0012  Swedish special edition: Chapter 11 Volume 28 P. 0012

COUNCIL DECISION of 20 December 1993 on the conclusion of the Additional Protocol to the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community, of the one part, and  the Republic of Poland, of the other part, and to the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part (94/44/EC)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with Article 228 (2) thereof,  Having regard to the conclusions of the European Council which took place in Copenhagen on 21 and 22 June 1993,  Having regard to the proposal from the Commission,  Whereas the Commission has negotiated on behalf of the Communities an Additional Protocol to the Interim Agreement on trade and trade-related matters and to the Europe Agreement with the Republic of Poland;  Whereas it is necessary to approve this Additional Protocol,  HAS DECIDED AS FOLLOWS:   Article 1  The Additional Protocol to the Interim Agreement on trade and trade related matters between the European Economic Community and the European Coal and Steel Community, of the one part, and the Republic of Poland, of the other part, and to the Europe  Agreement between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part, is hereby approved on behalf of the European Community.  The text of the Additional Protocol is attached to this Decision.   Article 2  The President of the Council is hereby authorized to designate the person empowered to sign the Additional Protocol on behalf of the European Community.  The President of the Council shall give the notification provided for in Article 8 of the Additional Protocol on behalf of the European Community.  Done at Brussels, 20 December 1993.  For the Council The President W. CLAES