Avis juridique important

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31991D0512

91/512/EEC: Commission Decision of 25 July 1991 accepting undertakings given in connection with the review of anti-dumping measures concerning imports of artificial corundum originating in the Soviet Union, Hungary, Poland, Czechoslovakia and the People's Republic of China and in connection with the anti- dumping proceeding concerning imports of artificial corundum originating in Brazil and Yugoslavia, and terminating the investigation )

Official Journal L 275 , 02/10/1991 P. 0027

COMMISSION DECISION  of 25 July 1991  accepting undertakings given in connection with the review of anti-dumping measures concerning imports of artificial corundum originating in the Soviet Union, Hungary, Poland, Czechoslovakia and the People's  Republic of China and in connection with the anti-dumping proceeding concerning imports of artificial corundum originating in Brazil and Yugoslavia, and terminating the investigation  (91/512/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 10 thereof,  After consultations within the Advisory Committee as provided for in the above Regulation,  Whereas:  A. PROCEDURE  (1) The Commission received the following requests made by the European Council of Chemical Manufacturers' Federation (Cefic) on behalf of producers representing a major proportion of Community production of artificial corundum:  - a request for review of anti-dumping measures (Article 15 (3) of Regulation (EEC) No 2423/88) concerning imports of artificial corundum from Czechoslovakia and the People's Republic of China imposed by Commission Decision 84/650/EEC (2),  - a request for review of anti-dumping measures (Article 14 (1) of Regulation (EEC) No 2423/88) concerning imports of artificial corundum from the Soviet Union, Hungary and Poland imposed by Commission Decision 86/464/EEC (3),  - an anti-dumping complaint concerning imports of artificial corundum from Brazil and Yugoslavia.  Pursuant to Article 15 of Regulation (EEC) No 2423/88 the Commission gave notification of the impending expiry (4) of the anti-dumping measures concerning Czechoslovakia and the People's Republic of China. Cefic's request, as provided for by Article 15  (3) of Regulation (EEC) No 2423/88, showed that the expiry of the existing anti-dumping measures would lead again to injury or threat of injury. As a result the Commission announced its intention to carry out a review (5) in accordance with Article 15  (3) of Regulation (EEC) No 2423/88. With regard to the request for review pursuant to Article 14 (1) of Regulation (EEC) No 2423/88 evidence of changed circumstances sufficient to justify the need for such a review was submitted. The Commission  accordingly announced, by a notice in the Official Journal of the European Communities (6), the initiation of a review of anti-dumping measures concerning imports into the Community of artificial corundum falling within CN code ex 2818 10 00,  originating in the Soviet Union, Hungary, Poland, Czechoslovakia and the People's Republic of China and subsequently commenced an investigation.  With respect to the new complaint, evidence was produced of dumping of the product concerned originating in Brazil and Yugoslavia and of contribution to the injurious situation of the Community industry resulting from these imports, which was considered  sufficient to justify the initiation of this proceeding. Therefore the Commission announced, by a notice in the Official Journal of the European Communities (2), the initiation of an anti-dumping proceeding concerning imports into the Community of  artificial corundum falling within CN code ex 2818 10 00, originating in Brazil and Yugoslavia and subsequently commenced an investigation.  (2) The Commission officially so advised the exporters and importers known to be concerned, the representatives of the exporting countries and the complainants and gave the parties concerned the opportunity to make known their views in writing and to  request a hearing.  All exporters concerned had the opportunity to exercise their rights as provided for in Article 7 (4) of Regulation (EEC) No 2423/88 and most of them availed themselves of this opportunity.  (3) The majority of the known producers and exporters made their views known in writing.  No submissions were made on behalf of producers and exporters from the People's Republic of China and the Soviet Union. However, Government representatives of both countries made representations on behalf of the exporters concerned and had an  opportunity to inspect the information made available to the Commission and to comment thereon.  A considerable number of importers, dealers and an organization representing Community end-users and all complainant Community producers submitted a detailed response to the Commission's questionnaire.  All exporters, Government representatives from the People's Republic of China and the Soviet Union, some importers and one complainant have requested and have been granted hearings.  (4) The Commission sought and verified all information it deemed to be necessary for the purposes of a preliminary determination and carried out investigations at the following premises:  Community producers:  - Huels AG, Germany,  - Rhina Schmelzwerk GmbH, Germany,  - Universal Abrasives Ltd, United Kingdom,  - Pechiney Electrometallurgie, France,  - Samatec SpA, Italy,  - CIA Vascongada de Abrasivas SA, Spain.  These companies were all members of Cefic except for CIA Vascongada de Abrasivas SA, Spain.  Third country exporters:  Brazil  - Elfusa Geral de Eletrofusao Lda., Sao Paulo, Brazil,  - Carborundum SA, Vinhedo, Brazil,  - Norton SA, Sao Paulo, Brazil;  Yugoslavia  - Tovarna Dusika Ruse, Ruse, Yugoslavia.  Importers in the Community:  Related to one Brazilian exporter  - Norton GmbH, Wesseling, Germany,  - Norton plc Materials Division, Ipswich, United Kingdom;  Unrelated  - Smyris Abrasivi SRL, Pero, Italy.  The Commission requested and received detailed written submissions from the complainant Community producers, the abovementioned exporters and a number of importers, and verified the information therein to the extent considered necessary.  Because of the large number of interested parties involved, the number of hearings which had to be granted, the prolongation of time limits requested by some exporters and the extension of the investigation to imports from Brazil and Yugoslavia, the  time for completion of the investigation exceeded a 12-month period.  (5) The investigation of dumping covered the period from 1 January 1989 to 31 December 1989 (investigation period) as far as the review proceeding is concerned (imports from Czechoslovakia, People's Republic of China, Soviet Union, Hungary and Poland).  As regards the proceeding concerning Brazil and Yugoslavia, a prolonged period (1 January 1989 to 30 April 1990) was chosen in order to be in a better position to take account of the effects of extremely high inflation rates in these countries.  B. PRODUCT UNDER CONSIDERATION  (6) The product concerned by these proceedings is fused aluminium oxide, also known as artificial corundum. Artificial corundum is crystalline aluminium oxide. While there are a number of different kinds of artificial corundum, it is effectively  produced in two basic forms:  - brown artificial corundum, consisting of 94 to 97 % aluminium oxide (Al2O3),  - white artificial corundum, consisting of 97,5 to 99,5 % aluminium oxide (Al2O3).  Artificial corundum is produced by melting in electric-arc furnaces at temperatures above 2000 °C. Raw material for the production of brown artificial corundum is bauxite in natural or calcined form. White artificial corundum is produced from calcined  alumina (a processed form of bauxite).  Artificial corundum is a cristalline powder with very specific characteristics (e.g. hardness 9.0 to 9.2), which is predominantly used as abrasive and refractory material by a processing industry for the production of:  - grinding wheels,  - sandpaper, abrasive paper,  - sand-blasting,  - plasma spraying,  - abrasive resistent material for certain floor coverings,  - refractory masses in furnaces and safes.  Artificial corundum is a major component for every kind of grinding, drilling or polishing material with frequent applications in the automobile, steel, energy generating industry etc.  (7) The production process generates a certain amount of second quality artificial corundum containing less than the abovementioned content of aluminium oxide (Al2O3) and a relatively high content of iron oxide (Fe2O3). The use of this by-product of  regular artificial corundum is limited to so-called 'resin-bonded products' such as certain types of grinding wheels and to sand-blasting purposes.  The product is sold mainly in form of grains (cristalline powder). However, a certain amount of lumps (grain size 0 to 100 mm) were sold by Chinese, Polish and Yugoslav exporters during the investigation period. The grains are normally sold following  international quality standards (FEPA in the Community) and depending on customer requirements they may undergo a special heating treatment (calcination) which improves the product durability.  Since the differences between these different types and qualities of artificial corundum are by far outweighed by their similarities, all these types and qualities are considered to form one product for the purposes of this proceeding.  (8) The artificial corundum sold on the respective domestic markets by the exporters concerned and that produced by the Community industry is like in all respects to that imported from the countries in question. While there are minor quality differences  between different types of the product, they are not such as to render these products unlike.  (9) Certain exporters, importers, dealers and end-users have forwarded objections as to the comparability of imported and Community produced artificial corundum. They express the view that imported artificial corundum is generally of a poorer quality  and that, due to these differences in quality, the Community production cannot be considered to be a like product to the imported artificial corundum.  (10) The Commission, however, is of the opinion that the arguments advanced are unfounded. Mere quality differences between products which have the same basic physical characteristics and use are not such as to render these products unlike within the  meaning of Article 2 (12) of Regulation (EEC) No 2423/88. This is corroborated by the fact that the imported material competes with the comparable material produced in the Community.  (11) The customs classification under the CN code for both brown and white artificial corundum is ex 2818 10 00 (artificial corundum).   C. NORMAL VALUE  (12) Czechoslovakia, the Reople's Republic of China, the Soviet Union, Hungary and Poland are to be considered as non-market economy countries within the meaning of Article 2 (5) of Regulation (EEC) No 2423/88. The Commission therefore had to base its  determinations on the normal value in a market economy country.  (13) The complainants alleged dumping on the basis of a comparison of export prices with the domestic prices of producers in the USA. This choice of an analogue country was not considered reasonable by the Commission services. As a more reasonable  alternative, it was decided that normal value should be established on the basis of domestic prices on the Yugoslav market since this market offers close comparability in terms of the basic technical characteristics of the products supplied with those  from Czechoslovakia, the People's Republic of China, the Soviet Union, Hungary and Poland. None of the exporters, importers or Community producers objected to this choice.  (14) The producer of artificial corundum in Yugoslavia was found to operate normal profitability criteria. Sales of brown and white artificial corundum were made at a profit on the domestic Yugoslav market and therefore domestic prices were chosen to  determine normal value. However, since there were no domestic sales of brown lumps and no price level could reasonably be established for this product, normal value was constructed in this case by adding a standard domestic market profit margin to the  full cost of production.  The domestic sales prices were established on the basis of average sales prices for brown and white quality. For lumps, the constructed value was calculated on the basis of average figures for cost and profit. In both cases normal value was established  on a monthly basis in order to take account of the effects of inflation.  (15) Two of the three Brazilian exporters were found producing and selling profitably representative quantities of brown, and one of them also of white, artificial corundum on the domestic market. Normal value could therefore be determined on the basis  of domestic sales prices. These prices were determined on a average basis for both brown and white artificial corundum. In this case, normal value was also calculated on a monthly basis to take account of the effects of high inflation.  For one Brazilian producer, a substantial amount of domestic sales were made at a loss. In this case normal value was constructed by adding a reasonable profit margin to full cost of production.  D. EXPORT PRICES  (16) The Czech, Hungarian and Polish export prices for every export transaction to independent customers in the Community were determined on the basis of the prices actually paid or payable.  (17) With regard to the non-cooperating Chinese exporters, export prices had to be based on best evidence available. For this purpose the Commission used the information made available by importers of the Chinese products in Belgium, Germany and Italy,  representing about 90 % of the Chinese exports during the investigation period. The export prices were derived from the purchase prices paid by the importers cif Community frontier adjusted for transport and ancillary costs to arrive at an ex-works  level.  (18) The export prices of the Soviet exporter which had refused to cooperate also had to be established on the basis of the best available evidence. All exports of artificial corundum from the Soviet Union had been made to Germany. Only one German  importer accounting for about 25 % of Soviet exports cooperated during the proceeding. The Commission used its purchase prices as shown by export contracts and invoices adjusted by estimated transport cost to ex-works level. These prices were considered  to be reasonably accurrate in overall terms since official statistics gave similar results.  (19) The Yugoslav export prices for every single export transaction to independent Community customers were determined on the basis of the prices actually paid or payable.  (20) With regard to Brazilian export prices, in one case, where the exporter only sold to related Community importers, the export price was reconstructed on the basis of the first sales within the Community to independent purchasers, making due  allowance for all costs between importation and resale and a profit margin considered to be a reasonable operating profit in this branch taking account of independent importers profit experience.  In all other cases, the invoiced prices to independent importers within the Community were taken as a basis. Export prices for every export transaction were determined on the basis of the prices actually paid or payable.  E. COMPARISON  (21) Normal values and export prices were adjusted to ex-works level in order to take account of conditions and terms of sale. The different normal values were compared with the export prices on a transaction by transaction basis. Allowances for  transport, credit terms, ancillary costs, salesmen's salaries and agent's commissions were made, where applicable.  To take account of the effects of inflation on Brazilian and Yugoslav domestic prices, normal values were calculated on a monthly basis and compared to export prices for the corresponding product types transaction by transaction.  (22) For the Chinese and Soviet exporters the normal values and the export prices were compared ex-works at the same level of trade. Adjustments were made on the basis of the best evidence available in accordance with Article 7 (7) (b) of Regulation  (EEC) No 2423/88.  F. MARGINS  (23) This comparison revealed, with regard to all exporters, that the prices for most export transactions were below normal value. The dumping amounts (difference between normal value and export price) were aggregated for all export transactions and for  brown and white artificial corundum. The total weighted average dumping margins expressed as a percentage of the exporters' 'cif Community-border' export price, are outlined hereunder by exporter:   - Czechoslovak Ceramics Company Ltd, Prague, Czechoslovakia  39,1 %  - Machine Tool and Tool Branch Chamber of China Chamber of Commerce for Machinery and Electronic Products Import and Export, Beijing, China  47,4 %  - V/O Stankoimport, Moscow,  USSR  9,8 %  - Hungarian Aluminium Corporation, Budapest, Hungary  31,3 %  - Inter-Vis Co. Ltd, Warsaw, Poland  24,5 %  - Elfusa Geral De Eletrofusao Lda, Sao Paulo, Brazil  20 %  - Carborundum SA, Vinhedo, Brazil  4,5 %  - Norton SA, Sao Paulo, Brazil   53,4 %  - Tovarna Dusika Ruse, Ruse, Yugoslavia  28,7 %. G. INJURY  (24) The evidence available to the Commission shows that the combined imports into the Community from Czechoslovakia, the People's Republic of China, the Soviet Union, Hungary, Poland, Brazil and Yugoslavia of artificial corundum increased from 32 480  tonnes in 1986 to 39 220 tonnes in 1989, i.e. an increase of 20,75 %. The increase in imports for the individual countries ranged between 7,9 % (Soviet Union) and 145,7 % (China) during this period. Only imports from Brazil decreased by 25,2 %. There  was a slight increase in the total market share held by all seven exporting countries concerned from 19,5 % in 1986 to 19,7 % in 1989, the individual market shares being increased over that period except for Brazil which shows a decrease from 5,3 % to  3,3 %.  The total sales of the main Community producers increased between 1986 and 1989 by 18,4 % which corresponds to a slight increase in market share from 62,3 % to 63,2 %. At the same time, consumption in the Community of artificial corundum increased by  19,7 % between 1986 and 1989.  (25) The Commission established price undercutting by comparing the exporters' prices of artificial corundum with the corresponding weighted average prices for artificial corundum sold by the Community producers. Given the existing price transparency on  the Community market, it was considered appropriate to carry out the comparison between the prices cif Community border, customs cleared for every transaction made by the exporters during the investigation period and the Community industry's ex-works  prices. With regard to the non-cooperating Chinese and Soviet exporters average sales prices were used in accordance with Article 7 (7) (b) of Regulation (EEC) No 2423/88 which was considered, in the absence of other information, to be the best evidence  available.  Since some exporters, importers and the Association of German Producers of Abrasives (Verein Deutscher Schleifmittelwerke eV) pointed to quality differences between certain grades of imported artificial corundum and the Community product, the Commission  based its undercutting calculation on comparable qualities excluding high priced specialities.  The weighted average price undercutting margins established by exporter are:   - Czechoslovak Ceramics Company Ltd, Prague, Czechoslovakia  25,7 %  - Machine Tool and Tool Branch Chamber of China Chamber of Commerce for Machinery and Electronic Products Import and Export, Beijing, China  30,8 %  - V/O Stankoimport, Moscow,  USSR  32,0 %  - Hungarian Aluminium Corporation, Budapest, Hungary  12,0 %  - Inter-Vis Co. Ltd, Warsaw, Poland  29,4 %  - Elfusa Geral De Eletrofusao Ltda., Sao Paulo, Brazil  10,6 %  - Carborundum SA, Vinhedo, Brazil  27,7 %  - Norton SA, Sao Paulo,  Brazil  14,9 %  - Tovarna Dusika Ruse, Ruse, Yugoslavia  25,9 %. Cumulation  (26) The Commission is of the opinion that for the determination of the impact on the Community industry, the cumulative effect of all the imports concerned has to be taken into consideration. In analysing whether cumulation was appropriate in each  case, the Commission considered the comparability of the imported products and took further into consideration the extent to which each imported product competed in the Community with the like product of the Community industry. In addition, it was  considered that the behaviour on the Community market of all exporters was similar (shown in considerable price undercutting) and that their market position was not negligible. The relatively low market share held by the Chinese product has to be seen  in the light of the measures already in force.  On the basis of this overall analysis, the Commission took the view that all exports from the countries concerned, i.e. Czechoslovakia, the People's Republic of China, the Soviet Union, Hungary, Poland, Brazil and Yugoslavia were made under such  conditions, that should the Commission treat any exporter in isolation, it would be acting in a discriminatory manner against the others. Accordingly, the Commission concluded that regard should be paid to the effect of the dumped imports on the  Community industry cumulated from all the exporters concerned.  Situation of the Community industry  (27) (a) Production and sales of Community producers developed almost in line with the increase of apparent Community consumption, thus maintaining their market share at the level reached when anti-dumping measures were first introduced in 1984.  (b) While no breach of the price undertakings has been found, it has to be borne in mind that production costs in the Community for artificial corundum increased between 1986 and 1989 so that the import prices could still have had a negative effect on  prices without infringing the undertakings.  (c) The continuous presence of low-priced dumped imports in substantial quantities in relation to increased production costs forced Community producers to align their prices downward in order to conserve their market share in a period of increasing  demand. In many cases they were, as a consequence, prevented from recovering in full the rise in production cost following a dramatic increase in raw material prices.  (d) As a result of the price depression combined with increasing costs, the main Community producers suffered financial losses or operated at marginal profit margins over the period 1986 to 1989.  This precarious profit situation persisted despite the increase of sales of the main Community producers by 18,5 % in a growing market with Community consumption being up 19,8 % during that period.   Causality (28) (a) The inspection of the Community industry's cost accounts and sales documents revealed that the industry in the investigation period was constantly confronted during sales negotiations with low price offers being made by importers of  artificial corundum from all seven countries involved, leaving them the choice of either reducing their prices drastically or losing contracts. The industry produced evidence that, in numerous cases, they lost contracts despite reducing prices below  variable production costs due to price offers from Czechoslovakia, the People's Republic of China, the Soviet Union, Hungary, Poland, Brazil and Yugoslavia, which were in no way related to the increased raw material costs and, thus, production costs.  The investigation has shown that the prices of dumped imports have undercut and suppressed the prices of the Community industry and prevented it from generating reasonable profits. The Commission has therefore concluded that the imports under  consideration have, through the effects of dumping, considerably impaired the situation of the Community industry and hampered its recovery.  (b) The Commission has also considered whether this situation might have been caused by factors other than the dumped imports, such as the volume and prices of imports originating in other third countries or by a drop in demand. It was found that  imports from other third countries had also increased but distinctly slower than the imports under investigation. In addition these imports were made at considerably higher prices than in the case of Czechoslovakia, the People's Republic of China, the  Soviet Union, Hungary, Poland, Brazil and Yugoslavia and there was also no indication of these imports being dumped.  Regarding demand it was found that Community consumption of artificial corundum had increased between 1986 and the investigation period by 19,8 % and that Community producers also extended their production and sales. This was, however, only possible  through considerable price concessions and loss of profitability.  Conclusions  (29) In these circumstances, the Commission considers that the anti-dumping measures in force with regard to the People's Republic of China and Czechoslovakia cannot be allowed to lapse pursuant to Article 15 of Regulation (EEC) No 2423/88 because the  expiry of the measures threatens to seriously aggravate, the injurious effects of these imports and would therefore lead to additional injury. Regarding imports from Poland, Hungary and the Soviet Union, the investigation has shown that in the light of  changed circumstances in the market situation the anti-dumping measures taken have been insufficient to prevent further injury and to re-establish a healthy situation for the Community industry.  The Commission therefore considers that the anti-dumping measures in force concerning imports of artificial corundum from the People's Republic of China, Czechoslovakia, Poland, Hungary and the Soviet Union are to be maintained or revised in accordance  with the findings of the investigation.  (30) Concerning imports of artificial corundum from Brazil and Yugoslavia, the Commission is of the opinion that the volume and market share of these imports combined with significant price undercutting have considerably contributed to the injurious  situation caused to the Community industry and that these effects cannot be isolated from those generated by the imports from the other five countries without discrimination. It is therefore considered that defensive action should also be taken in  respect of the dumped imports in question originating in Brazil and Yugoslavia.  H. COMMUNITY INTEREST  (31) In assessing whether it is in the interest of the Community to take measures against dumped imports, the Commission considers that because of the unsatisfactory profit situation over a very long period, the future existence of this industry is at  risk. The production of artificial corundum with its final applications in vital industries like automobiles, steel etc., is of considerable technological, economic and strategic importance for the Community. Apart from being an important employer, the  industry is highly innovative and competitive due to considerable investment (including exemplary investment in anti-pollution installations) in the last few years, this process only being jeopardized by unjustified low import prices from  Czechoslovakia, the People's Republic of China, the Soviet Union, Hungary, Poland, Brazil and Yugoslavia.  (32) The Commission also took account of the interests of users and processors of artificial corundum in the Community whose input prices might increase after the imposition of protective measures. It is considered that the necessary price increases,  which are likely to restore the profitability of the Community producers of artificial corundum, will have only limited effects on the total cost of the final processed products.  Based on cost estimates provided by processors of artificial corundum, the Commission is of the opinion that the benefits accruing to Community producers will by far outweigh the disadvantages which in certain instances may occur for users and  processors.  (33) The Commission further notes that anti-dumping measures would remedy the distortion in competition brought about by unfair trading practices and that supplies from other non-dumped sources would not be affected. In this content it should be borne  in mind that the price advantages, which certain buyers previously enjoyed, are the result of unfair business practices and that there is no justification for allowing them to persist.  In view of the difficulties facing the Community artificial corundum industry, the Commission has come to the conclusion that it is in the Community's interest that action be taken sufficient to protect the Community industry from unfair competition and  to recover from an unhealthy situation.  I. LEVEL OF MEASURES REQUIRED  (34) The Commission, having established that in the case of the non-existence of anti-dumping measures a recurrence of injury would be likely and that indeed the measures previously in force had been insufficient to eliminate the injurious effects  caused by the dumped imports and having established that the dumped imports from Brazil and Yugoslavia contribute to these effects and prevented the recovery of the Community industry, considers that anti-dumping measures should be imposed on imports  from all the countries concerned.  However, the measures should not exceed the margins of dumping found. Since the main cause of the injurious situation is the price undercutting of the Community industry's prices by the exporters, it is considered sufficient to eliminate, where  possible, these price undercutting margins. Indeed, without price undercutting the Community industry would be able to regain viability. Therefore, the prices of the exporters should be increased by their price undercutting margin or their dumping  margin, whatever is the lower. On this basis the Commission considers that, if anti-dumping duties would have to be imposed, these should amount to the following rates:  Czechoslovakia 25,7 %  People's Republic of China 30,8 %  Soviet Union 9,8 %  Hungary 12,0 %  Poland 24,5 %  Brazil  Carborundum 4,5 %  Elfusa 10,6 %  Norton 14,9 %  Yugoslavia 25,9 %.  J. UNDERTAKINGS  (35) Having been informed of the essential facts and considerations on the basis of which it was intended to take protective measures, all exporters concerned offered price undertakings.  The Commission regards these undertakings as acceptable because they will have the effect of bringing the prices of exports to the Community up to a level or keeping them at a level which the Commission considers sufficient to eliminate the injury  suffered by the Community industry.  Moreover, the Commission notes that, in case of violation of these price undertakings, it can immediately impose provisional duties pursuant to Article 10 (6) of Regulation (EEC) No 2423/88 and the Council can subsequently impose definitive duties based  on the facts established in the present investigations concerning dumping and injury resulting therefrom.  (36) The Advisory Committee has been consulted on this course of action. The Representatives of France and the United Kingdom raised objections as to the proposed course of action. The Commission therefore submitted its proposal to the Council for  approval in accordance with Articles 9 (1) and 10 (1) of Regulation (EEC) No 2423/88.  The Commission proposal has been accepted because the Council did not decide otherwise, acting by a qualified majority, within the one month period laid down in Article 9 (1) of Regulation (EEC) No 2423/88,  HAS DECIDED AS FOLLOWS:  Article 1  The undertakings offered by:  - Czechoslovak Ceramics Company Ltd, Prague, Czechoslovakia,  - Machine Tool and Tool Branch Chamber of China Chamber of Commerce for Machinery and Electronic Products Import and Export, Beijing, China,  - V/O Stankoimport, Moscow, USSR,  - Hungarian Aluminium Corporation, Budapest, Hungary,  - Inter-Vis Co. Ltd, Warsaw, Poland,  - Elfusa Geral De Eletrofusao Lda, Sao Paulo, Brazil,  - Carborundum SA, Vinhedo, Brazil,  - Norton SA, Sao Paulo, Brazil,  - Tovarna Dusika Ruse, Ruse, Yugoslavia,  in connection with the review of anti-dumping measures concerning imports of artificial corundum falling within CN code ex 2818 10 00 and originating in the Soviet Union, Hungary, Poland, Czechoslovakia and the People's Republic of China and in  connection with the anti-dumping proceeding concerning imports of artificial corundum falling within CN code ex 2818 10 00 and originating in Brazil and Yugoslavia are hereby accepted.  Article 2  The investigation in connection with the review of anti-dumping measures concerning imports of artificial corundum originating in the Soviet Union, Hungary, Poland, Czechoslovakia and the People's Republic of China and in connection with the  anti-dumping proceeding concerning imports of artificial corundum originating in Brazil and Yugoslavia is hereby terminated.  Done at Brussels, 25 July 1991.  For the Commission  Frans ANDRIESSEN  Vice-President   (1) OJ No L 209, 2. 8. 1988, p. 1. (2) OJ No L 340, 28. 12. 1984, p. 82. (3) OJ No L 271, 23. 9. 1986, p. 26. (4) OJ No C 163, 30. 6. 1989, p. 5. (5) OJ No C 303, 2. 12. 1989, p. 11. (6) OJ No C 67, 17. 3. 1990, p. 7. (7) OJ No C 159, 29. 6.  1990, p. 5.


title: Council Decision (EU) 2016/803 of 7 May 2015 on the signing, on behalf of the Union and its Member States, and provisional application of a Protocol amending the Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, to take account of the accession to the European Union of the Republic of Croatia

text:
               21.5.2016

               EN

               Official Journal of the European Union

               L 132/79

         COUNCIL DECISION (EU) 2016/803
   of 7 May 2015
   on the signing, on behalf of the Union and its Member States, and provisional application of a Protocol amending the Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, to take account of the accession to the European Union of the Republic of Croatia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2), in conjunction with Article 218(5) thereof,
   Having regard to the Act of Accession of Croatia, and in particular the second subparagraph of Article 6(2) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 14 September 2012, the Council authorised the Commission to open negotiations, on behalf of the Union and its Member States and the Republic of Croatia, to conclude a Protocol amending the Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part (1), to take account of the accession to the European Union of the Republic of Croatia (‘the Protocol’).

               (2)

               Those negotiations were successfully completed on 24 April 2014.

               (3)

               The Protocol should be signed on behalf of the Union and its Member States, subject to its conclusion at a later date.

               (4)

               The Protocol should be applied provisionally,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Protocol amending the Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, to take account of the accession to the European Union of the Republic of Croatia is hereby authorised on behalf of the Union and its Member States, subject to the conclusion of the said Protocol.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union and its Member States.
   Article 3
   The Protocol shall be applied on a provisional basis, in accordance with Article 3(2) thereof, as from the signing thereof by the parties (2), pending its entry into force.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 7 May 2015.

            For the Council

            The President

         E. RINKĒVIČS

      (1)  The text of the Agreement is published in OJ L 334, 6.12.2012, p. 3.

      (2)  The date from which the Protocol will be provisionally applied will be published in the Official Journal of the European Union by the General Secretariat of the Council.


title: Decision (EU) 2015/1672 of the European Parliament of 29 April 2015 on the closure of the accounts of the European Railway Agency for the financial year 2013

text:
               30.9.2015

               EN

               Official Journal of the European Union

               L 255/296

      DECISION (EU) 2015/1672 OF THE EUROPEAN PARLIAMENT
      of 29 April 2015
      on the closure of the accounts of the European Railway Agency for the financial year 2013
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Railway Agency for the financial year 2013,

                  —

                  having regard to the Court of Auditors' report on the annual accounts of the European Railway Agency for the financial year 2013, together with the Agency's replies (1),

                  —

                  having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2013, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to the Council's recommendation of 17 February 2015 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2013 (05304/2015 — C8-0054/2015),

                  —

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

                  —

                  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3),

                  —

                  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 (4), and in particular Article 208 thereof,

                  —

                  having regard to Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European Railway Agency (5), and in particular Article 39 thereof,

                  —

                  having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (6),

                  —

                  having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (7), and in particular Article 108 thereof,

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A8-0078/2015),

         1.

            Notes that the final annual accounts of the European Railway Agency are as annexed to the Court of Auditors' report;

         2.

            Approves the closure of the accounts of the European Railway Agency for the financial year 2013;

         3.

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

               The President

            Martin SCHULZ

               The Secretary-General

            Klaus WELLE

         (1)  OJ C 442, 10.12.2014, p. 232.

         (2)  See footnote 1.

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

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

         (5)  OJ L 164, 30.4.2004, p. 1.

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

         (7)  OJ L 328, 7.12.2013, p. 42.


Avis juridique important

|

31989D0669

89/669/EEC: Council Decision of 24 July 1989 concerning the provisional application of the Agreed Minutes amending the Agreement between the European Economic Community and the Republic of India on trade in textile products

Official Journal L 396 , 30/12/1989 P. 0005 - 0005

COUNCIL DECISION of 24 July 1989 concerning the provisional application of the Agreed Minutes amending the Agreement between the European Economic Community and the Republic of India on trade in textile products (89/669/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas, pending the completion of the procedures necessary for its conclusion, the Agreement between the European Economic Community and the Republic of India on trade in textile products, initialled on 31 October 1986, has been provisionally applied  since 1 January 1987 in accordance, having regard to the Community, with Decision 88/495/EEC (1);  Whereas that Agreement provides for the possibility of re-examining, in the light of recent developments, quantitative adjustments to the quotas for certain categories, in order to allow for the introduction of the harmonized system;  Whereas, at the end of consultations between the Community and the Republic of India, Agreed Minutes amending the quotas on category 7 and 27, products provided for in the Agreement were initialled on 25 April 1989;  Whereas pending the completion of the procedure necessary for the conclusion of the Agreement and the Agreed Minutes, the Agreed Minutes should be applied provisionally, with effect from 1 January 1988, provided that there is a reciprocal provisional  application on the part of the Republic of India,  HAS DECIDED AS FOLLOWS:    Article 1 Pending the completion of the procedures necessary for its conclusion, the Agreed Minutes amending the Agreement between the European Economic Community and the Republic of India on trade in textile products shall be applied provisionally in  the Community, with effect from 1 January 1988, provided that there is reciprocal provisional application on the part of the Republic of India.  The text of the Agreed Minutes is attached to this Decision.  Article 2 The Commission is invited to seek the agreement of the Government of the Republic of India on the provisional application of the Agreed Minutes referred to in Article 1 and to notify the Council thereof.   Done at Brussels, 24 July 1989.  For the Council The President H. NALLET   (1) OJ No L 267, 27. 9. 1988, p. 1.


title: 2014/583/EU: Decision of the European Parliament of 3 April 2014 on discharge in respect of the implementation of the budget of the European Food Safety Authority for the financial year 2012

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/216

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on discharge in respect of the implementation of the budget of the European Food Safety Authority for the financial year 2012
   (2014/583/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Food Safety Authority for the financial year 2012,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Food Safety Authority for the financial year 2012, together with the Authority’s replies (1),

               —

               having regard to the Council’s recommendation of 18 February 2014 (05849/2014 - C7-0054/2014),

               —

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

               —

               having regard to the Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council establishing a European Food Safety Authority (4), and in particular Article 44 thereof,

               —

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

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (6), and in particular Article 108 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0219/2014),

               1.

               Grants the Executive Director of the European Food Safety Authority discharge in respect of the implementation of the Authority’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 Executive Director of the European Food Safety Authority, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 365, 13.12.2013, p. 120.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 31, 1.2.2002, p. 1.

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

      (6)  OJ L 328, 7.12.2013, p. 42.


title: Council Decision (EU) 2017/1842 of 9 October 2017 on the open data policy of the Council and the reuse of Council documents

text:
               12.10.2017

               EN

               Official Journal of the European Union

               L 262/1

         COUNCIL DECISION (EU) 2017/1842
   of 9 October 2017
   on the open data policy of the Council and the reuse of Council documents
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 240 thereof,
   Whereas:

               (1)

               New information and communication technologies have created unprecedented opportunities for aggregating and combining content from different sources. The trend towards an information and knowledge society influences the life of all citizens across the Union by enabling them to gain new ways of accessing and acquiring knowledge.

               (2)

               Public sector information is an important source of knowledge and innovation in the private sector, supporting the creation of better digital services for citizens and companies across Europe.

               (3)

               The Council and other EU institutions collect, produce and disseminate a wide range of information relating to the policies and areas of activity of the Union. The EU institutions hold documents which could be reused in digital products and services and which could become a useful content resource for citizens and companies alike.

               (4)

               Directive 2003/98/EC of the European Parliament and of the Council (1) sets out minimum rules for the reuse of public sector information in the Member States and encourages Member States to go beyond those minimum rules and to adopt open data policies.

               (5)

               Following the adoption of Commission Decision 2011/833/EU (2), in 2012 the European Commission set up the European Union Open Data Portal (‘EU ODP’) which aims to be a single point of access to data from the EU institutions and other bodies of the Union.

               (6)

               In June 2013, the Union endorsed the G8 Open Data Charter and undertook to implement a number of open data activities identified in the G8 Collective Action Plan under that Charter.

               (7)

               In its Conclusions of 24 and 25 October 2013, the European Council identified open data as an untapped resource with a huge potential for building stronger, more interconnected societies that better meet the needs of the citizens and called for the active promotion of the reuse of public sector information.

               (8)

               In its Conclusions of 2 March 2015, the Council highlighted that full and efficient exploitation of tools and services such as open data can drive for better productivity and better services and should be facilitated. Furthermore, in its Conclusions of 29 May 2015, the Council encouraged the development of a data-friendly policy environment in the Union which promotes interoperability, the use and re-use of government data for research and innovation purposes while ensuring the necessary data protection.

               (9)

               The EU ODP currently contains a large number of data sets and links to Open Data Portals of the Member States. The Council has participated in the EU ODP since 2015, using the following three datasets: metadata of the Council's Public Register, metadata of requests for public access to Council documents and the Council's votes on legislative acts.

               (10)

               To date, the Council has participated in the EU ODP through pilot projects. As those pilot projects have been successful, an open data policy for Council documents should be laid down in order to capitalise on and maximise the experience gained so far and to allow the Council to define the conditions governing the publication and reuse of its documents.

               (11)

               An open data policy for Council documents would improve the flow of information between the Council and the general public; it would lead to the wider use and spread of information about the Union; it would enhance the Council's reputation for openness and transparency; and it would strengthen the accountability of the Council as a public institution.

               (12)

               The open data policy for Council documents should promote the development of tools and applications that help users search for and identify documents for reuse.

               (13)

               This Decision should not apply to documents for which the Council is not in a position to allow reuse in view of third party intellectual property rights or access rights regimes in Member States.

               (14)

               The right of access to Council documents remains regulated by Regulation (EC) No 1049/2001 of the European Parliament and of the Council (3).

               (15)

               This Decision should be without prejudice to and should be implemented and applied in compliance with the rules on the protection of individuals with regard to the processing of personal data, as well as with the security rules for protecting EU classified information,

         HAS ADOPTED THIS DECISION:
   Article 1
   Subject matter and objective
   1.   This Decision establishes an open data policy of the Council (‘the open data policy’) by defining the principles, conditions and limits governing the reuse and the practical means of facilitating the reuse of documents held and produced by the Council, as defined in Article 2(1).
   2.   The open data policy shall have the following objectives:

               (a)

               to improve the flow of information between the Council and the general public; and

               (b)

               to facilitate the wide reuse of information.

         Article 2
   Scope
   1.   This Decision applies to documents held and produced by the Council which have been made public by the Council.
   2.   This Decision shall not apply to documents held and produced by the Council for which the Council is not in a position to allow reuse in view of:

               (a)

               intellectual property rights of third parties; or

               (b)

               access rights regimes in Member States.

         3.   This Decision is without prejudice to and shall be implemented and applied in accordance with:

               (a)

               the rules on the protection of individuals with regard to the processing of personal data, and in particular Regulation (EC) No 45/2001 of the European Parliament and of the Council (4);

               (b)

               the rules on public access to Council documents, and in particular Regulation (EC) No 1049/2001; and

               (c)

               the security rules for protecting EU classified information, and in particular Council Decision 2013/488/EU (5).

         Article 3
   Definitions
   For the purposes of this Decision, the following definitions shall apply:

               (1)

               ‘document’ means:

                           (a)

                           any content whatever its medium (written on paper or stored in electronic form or as a sound, visual or audiovisual recording) concerning a matter relating to the policies, activities and decisions falling within the institutional sphere of responsibility of the Council;

                           (b)

                           any part of such content;

               (2)

               ‘reuse’ means the use by persons or legal entities of documents for commercial or non-commercial purposes other than the initial purpose for which the document was produced;

               (3)

               ‘personal data’ means data as defined in point (a) of Article 2 of Regulation (EC) No 45/2001;

               (4)

               ‘open format’ means a file format that is platform-independent and made available to the public without any restriction that impedes the reuse of documents;

               (5)

               ‘machine-readable format’ means a format structured for software applications to identify reliably individual statements of fact and their internal structure.

         Article 4
   General principles
   The General Secretariat of the Council (‘the GSC’) shall ensure that documents are made available for reuse:

               (a)

               by all;

               (b)

               without the need to make an individual application;

               (c)

               free of charge; and

               (d)

               for commercial and non-commercial purposes.

         Article 5
   Non-discrimination and exclusive rights
   1.   Any applicable conditions for the reuse of documents shall be non-discriminatory for comparable categories of reuse.
   2.   The reuse of documents shall be open to all potential actors in the market. No exclusive rights shall be granted.
   Article 6
   Conditions for reuse
   1.   Documents shall be made available for reuse under the following conditions:

               (a)

               the obligation for the reuser to acknowledge the source of the documents;

               (b)

               the obligation not to distort the original meaning or message of the documents;

               (c)

               the non-liability of the Council for any consequence stemming from the reuse.

         2.   If necessary, the GSC may apply other conditions to a particular type of document.
   3.   The GSC shall take appropriate measures to protect the rights, interests and public image of the Council in all appropriate fora.
   Article 7
   Available formats
   1.   The GSC shall make documents available:

               (a)

               in any existing format or language version held by the Council;

               (b)

               on the internet; and

               (c)

               where possible and appropriate, in open and machine-readable formats.

         2.   The GSC shall not be obliged to:

               (a)

               create, adapt or update documents;

               (b)

               provide extracts, if doing so would involve a disproportionate effort, going beyond a simple operation;

               (c)

               translate documents into any official language versions other than those already available; or

               (d)

               continue to produce certain types of documents or to preserve the documents in a given format with a view to their reuse.

         Article 8
   Report
   By 10 October 2022, the GSC shall submit a report to the Council on the application of this Decision, including the implementing actions taken by the GSC in order to make documents available for reuse in open and machine readable formats.
   Article 9
   Entry into force
   This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

      Done at Luxembourg, 9 October 2017.

            For the Council

            The President

         S. KIISLER

      (1)  Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information (OJ L 345, 31.12.2003, p. 90).

      (2)  Commission Decision 2011/833/EU of 12 December 2011 on the reuse of Commission documents (OJ L 330, 14.12.2011, p. 39).

      (3)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

      (4)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

      (5)  Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).


title: 2014/814/EU: Decision of the European Parliament and of the Council of 22 October 2014 on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 13 of 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 (application EGF/2014/002 NL/Gelderland-Overijssel construction from the Netherlands)

text:
               20.11.2014

               EN

               Official Journal of the European Union

               L 333/15

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 22 October 2014
   on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 13 of 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 (application EGF/2014/002 NL/Gelderland-Overijssel construction from the Netherlands)

      (2014/814/EU)

   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 (1), and in particular Article 15(4) thereof,
   Having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (2), and in particular Article 12 thereof,
   Having regard to the Interinstitutional Agreement between the European Parliament, the Council and the Commission of 2 December 2013 on budgetary discipline, on cooperation in budgetary matters and on sound financial management (3), and in particular point 13 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (EGF) was established to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.

               (2)

               The EGF shall not exceed a maximum annual amount of EUR 150 million (2011 prices), as laid down in Article 12 of Regulation (EU, Euratom) No 1311/2013.

               (3)

               The Netherlands submitted an application to mobilise the EGF, in respect of redundancies in 89 enterprises operating in the NACE Revision 2 Division 41 (Construction of buildings) (4) in the NUTS 2 level contiguous regions of Gelderland and Overijssel, on 20 February 2014 and supplemented it by additional information as provided by Article 8(3) of Regulation (EU) No 1309/2013. This application complies with the requirements for determining a financial contribution from the EGF as laid down in Article 13 of Regulation (EU) No 1309/2013.

               (4)

               The EGF should, therefore, be mobilised in order to provide a financial contribution of an amount of EUR 1 625 781 for the application submitted by the Netherlands,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2014, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 1 625 781 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 22 October 2014.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         B. DELLA VEDOVA

      (1)  OJ L 347, 20.12.2013, p. 855.

      (2)  OJ L 347, 20.12.2013, p. 884.

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

      (4)  Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC regulations on specific statistical domains(OJ L 393, 30.12.2006, p. 1).


title: 2005/202/EC: Council Decision of 31 January 2005 on the conclusion of an Additional Protocol to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union

text:
               12.3.2005

               EN

               Official Journal of the European Union

               L 66/22

         COUNCIL DECISION
   of 31 January 2005
   on the conclusion of an Additional Protocol to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union
   (2005/202/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Articles 57(2), 71, 80(2), 133(1), 133(5) and 181 in conjunction with Article 300(2) first subparagraph, first and second sentence, and the first subparagraph of Article 300(3) thereof,
   Having regard to the 2003 Act of Accession, and in particular to Article 6(2) (1) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament,
   Whereas:

               (1)

               The Additional Protocol to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union (2) has been signed on behalf of the European Community and its Member States on 29 April 2004.

               (2)

               The Additional Protocol should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Additional Protocol to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union, is hereby approved on behalf of the European Community and its Member States.
   The text of the Additional Protocol is attached to this Decision.
   Article 2
   The President of the Council shall give the notification provided for in Article 5 of the Additional Protocol.

      Done at Brussels, 31 January 2005.

            For the Council

            The President

         J. ASSELBORN

      (1)  OJ L 236, 23.9.2003, p. 34.

      (2)  See page 24 of this Official Journal.
   ADDITIONAL PROTOCOL
   to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union
   THE KINGDOM OF BELGIUM,
   THE KINGDOM OF DENMARK,
   THE FEDERAL REPUBLIC OF GERMANY,
   THE HELLENIC REPUBLIC,
   THE KINGDOM OF SPAIN,
   THE FRENCH REPUBLIC,
   IRELAND,
   THE ITALIAN REPUBLIC,
   THE GRAND DUCHY OF LUXEMBOURG,
   THE KINGDOM OF THE NETHERLANDS,
   THE REPUBLIC OF AUSTRIA,
   THE PORTUGUESE REPUBLIC,
   THE REPUBLIC OF FINLAND,
   THE KINGDOM OF SWEDEN,
   THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
   hereinafter referred to as ‘European Community Member States’,
   THE EUROPEAN COMMUNITY,
   hereinafter referred to as the ‘Community’,
   THE UNITED MEXICAN STATES,
   hereinafter referred to as ‘Mexico’,
   and
   THE CZECH REPUBLIC,
   THE REPUBLIC OF ESTONIA,
   THE REPUBLIC OF CYPRUS,
   THE REPUBLIC OF LATVIA,
   THE REPUBLIC OF LITHUANIA,
   THE REPUBLIC OF HUNGARY,
   THE REPUBLIC OF MALTA,
   THE REPUBLIC OF POLAND,
   THE REPUBLIC OF SLOVENIA,
   THE SLOVAK REPUBLIC,
   hereinafter referred to as ‘the New Member States’,
   WHEREAS the Economic Partnership, Political Coordination and Cooperation Agreement between the Community and its Member States, of the one part, and Mexico, of the other part, hereinafter referred to as ‘the Agreement’, was signed in Brussels on 8 December 1997 and entered into force on 1 October 2000;
   WHEREAS the Treaty concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union (hereinafter referred to as ‘Treaty of Accession’) was signed in Athens on 16 April 2003;
   WHEREAS, pursuant to Article 6(2) of the Treaty of Accession the incorporation of the New Member States to the Agreement shall be formalised by the conclusion of a protocol to the Agreement;
   WHEREAS Article 55 of the Agreement states: ‘For the purposes of this Agreement, “the parties” shall mean, on the one hand, the Community or its Member States or the Community and its Member States, in accordance with their respective areas of competence, as derived from the Treaty establishing the European Community and, on the other hand, Mexico’;
   WHEREAS Article 56 of the Agreement states: ‘This Agreement shall apply to the territory in which the Treaty establishing the European Community is applied under the conditions laid down in that Treaty, on the one hand, and to the territory of the United Mexican States, on the other’;
   WHEREAS Article 59 of the Agreement states: ‘This Agreement is drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, each of these texts being equally authentic’;
   WHEREAS the Community, in view of the date of accession of the New Member States to the European Union, may need to apply the provisions of this Protocol before having completed all internal procedures required for its entry into force;
   WHEREAS Article 5(3) of the present Protocol would allow for the provisional application of the Protocol by the European Community and its Member States before having completed their internal procedures required for its entry into force;
   HAVE AGREED AS FOLLOWS:
   Article 1
   The Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic are hereby incorporated as Parties to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part.
   Article 2
   Within six months of the initialling of this Protocol the European Community shall communicate to the Member States and to Mexico the Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovak and Slovenian language versions of the Agreement. Subject to the entry into force of this Protocol the new language versions shall become authentic under the same conditions as the versions drawn up in the present languages of the Agreement.
   Article 3
   This Protocol shall form an integral part of the Economic Partnership, Political Coordination and Cooperation Agreement.
   Article 4
   This Protocol is drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic.
   Article 5
   1.   This Protocol shall be approved by the European Community, by the Council of the European Union on behalf of the Member States and by the United Mexican States in accordance with their own procedures.
   2.   This Protocol shall enter into force on the first day of the month following the date on which the Parties notify each other of the completion of the procedures necessary for this purpose.
   3.   Notwithstanding paragraph 2, the Parties agree that, pending the completion of the internal procedures of the European Community and its Member States for the entry into force of the Protocol, they shall apply the provisions of this Protocol for a maximum period of 12 months from the first day of the month following the date on which the European Community and its Member States give notification of the completion of their procedures necessary for that purpose and Mexico gives notification of the completion of its procedures necessary for entry into force of the Protocol.
   4.   Notification shall be sent to the Secretary General of the Council of the European Union who shall be the depositary for the Agreement.


Avis juridique important

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41998D0416(01)

Decision of the Board of Governors - Enlargement of the European Union: EIB pre-accession facility

Official Journal C 116 , 16/04/1998 P. 0010 - 0012

BOARD OF GOVERNORS Enlargement of the European Union: EIB preaccession facility (98/C 116/09)1. At its January ECOFIN meeting the Council decided on the amounts to be proposed for EIB external lending mandates. With regard to the Bank's activity in Central and Eastern Europe, the Council proposed a three-year envelope of ECU 3 520 million and, in addition, it invited the Bank to propose a substantial preaccession support facility, to be presented to the Bank's Governors later this year. In the conclusions of the Council, taken up in the preamble of the Council Decision of 14 April 1997 on the Community guarantee arrangements (1) (as being at the basis of the regional ceilings agreed for the lending mandates), it is stipulated that 'Member States and the Commission unanimously declare that they agree to the creation of a substantial preaccession support facility. They invite the EIB to propose such a facility to the Board of Governors later this year. The facility will enter into force as soon as possible in the light of future accession. The facility will be approved under Article 18 of the EIB statute and will carry no guarantee from the Community budget or from the Member States`.2. The above proposal was communicated to the Bank by a letter dated 15 April 1997 from the Council to the President of the Bank forming the basis of the Board of Governors subsequent unanimous decision, acting on a proposal by the Board of Directors and in conformity with the second paragraph of Article 18(1) of the Statute, to authorise lending by the Bank to the Central and East European countries, Mediterranean countries, Latin American and Asian countries and South Africa.3. Following the conclusion of the IGC and in line with the above Council decision as well as the conclusions of the European Council in Amsterdam, the Board of Directors proposes to the Board of Governors that it authorise the Bank, in conformity with the second paragraph of Article 18(1) of the Statute, to establish a preaccession facility, as requested by the Council, so that the Bank contributes appropriately to the economic integration of the countries of Central and Eastern Europe which have applied for EU membership and of Cyprus.4. An amount of up to ECU 3,5 billion has been set to cover the period until 31 January 2000. This amount will double the existing mandate running over the same period and should be sufficient to cover the Bank's reinforced preaccession action in favour of all applicant countries during the said period. It should be noted that this overall amount reflects the needs and absorptive capacity of the countries concerned as well as the capacity of the Bank.5. The facility shall be used only for financing projects which meet the Bank's normal banking requirements, notably those concerning security arrangements. The Bank will ensure that, by managing the facility together with the existing CEEC mandate, there will be no discrimination between the applicant countries. Non-government lending will be based on the quality of the underlying operation and the related security arrangements.6. The facility, as well as the lending mandate, shall be used in order to facilitate and accelerate progress in all sectors normally eligible for EIB financing, notably in areas of key European Union policy objectives. Emphasis shall be given to integration projects and those facilitating the adoption of the acquis communautaire, (with particular priority to be given to environmental protection), in areas like the development of transport, telecommunication and energy links (particularly TENs), the development of industrial competitiveness and the regional development. The Bank shall continue to apply its normal project-based approach and will take fully into account the priorities adopted by the European Council in the Accession Partnership Agreements being finalised with each applicant country. The Bank shall ensure close cooperation with the Commission to develop the maximum possible synergies between the Communities' main financial instruments for the region, namely the PHARE programme and EIB loans. Whenever appropriate, the Bank shall also continue to cooperate closely with other IFIs, bilateral as well as domestic and international banking institutions, taking appropriate account also of the availability of private capital and other sources of funding.In accordance with its general policy, projects to be financed by the Bank shall satisfy its normal criteria of intervention notably those concerning economic, technical and financial aspects and shall provide for appropriate terms and conditions (e.g. in relation to tariff structures, financial and general management, monitoring, etc.) in order to enhance performance and ensure viability of investments.7. Lending under the facility shall be at the Bank's own risk and off the 10 % guideline for lending to third countries. The decision to this effect is annexed.(1) Council Decision 97/256/EC of 14 April 1997 granting a Community guarantee to the European Investment Bank against losses under loans for projects outside the Community (Central and East European countries, Mediterranean countries, Latin American and Asian countries and South Africa) (OJ L 102, 19.4.1997, p. 33).ANNEX DECISION OF THE BOARD OF GOVERNORS Enlargement of the European Union: EIB preaccession facility (Decision of 28 January 1998) THE BOARD OF GOVERNORS:WHEREAS the Council of the European Union, by the letter of its President dated 15 April 1997 invited the Bank to propose a substantial preaccession support facility;WHEREAS, by Council Decision 97/256/CE of 14 April 1997, the Member States and the Commission unanimously declared that they agree to the creation of a substantial preaccession support facility, which would enter into force as soon as possible in the light of future accession;WHEREAS, such facility shall aim at enabling the Bank to continue and strengthen its support for the efforts of the applicant countries towards achieving EU membership;WHEREAS, such a task is in line with EIB's mission as a house bank of the European Union and has been successfully performed during previous enlargements;HEREBY UNANIMOUSLY DECIDES, on a proposal from the Board of Directors in accordance with the second paragraph of Article 18(1) of the Statute:1. The Bank shall be authorised to grant loans from its own resources to Cyprus and to the countries of Central and Eastern Europe which have applied to the European Union with a view to adhering to it.Such loans shall be used in order to facilitate and accelerate progress in all sectors normally eligible for EIB financing, notably in areas of key European Union policy objectives. Emphasis shall be given to integration projects and those facilitating the adoption of the acquis communautaire (with particular priority to be given to environmental protection), in areas like the development of transport, telecommunication and energy links (particularly TENs), the development of industrial competitiveness and regional development.The Bank shall continue to apply its normal project-based approach and will take fully into account the priorities adopted by the European Council in the Accession Partnership Agreements being finalised with each applicant country. The Bank shall ensure close cooperation with the Commission to develop the maximum possible synergies between the Communities' main financial instruments for the region, namely the PHARE programme and EIB loans. Whenever appropriate, the Bank shall also continue to cooperate closely with other IFIs, bilateral as well as domestic and international banking institutions, taking appropriate account also of the availability of private capital and other sources of funding.In accordance with its general policy, projects to be financed by the Bank shall satisfy its normal criteria of intervention notably those concerning economic, technical and financial aspects and shall provide for appropriate terms and conditions (e.g. in relation to tariff structures, financial and general management, monitoring, etc.) in order to enhance performance and ensure viability of investments.An amount of up to ECU 3,5 billion is set for a period concurrent with the present mandate, i.e. until 31 January 2000; together with the existing EU mandate, the facility will enable the Bank to support priority investments in all applicant countries of Central and Eastern Europe and in Cyprus as long as the Bank's requirements, as foreseen under Article 18 of the Bank's statutes, notably security arrangements, are met.2. Lending under the facility shall be at the Bank's own risk and off the 10 % guideline for lending to third countries.3. Individual projects under present authorisation will be decided by the Board of Directors.4. The text of the decision shall be communicated by the President of the Bank to the Council of the European Union, in reply to the letter of 15 April 1997, and to the President of the European Commission.