Avis juridique important

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31986D0020

86/20/EEC: Commission Decision of 31 January 1986 terminating the anti-dumping proceeding concerning imports of hammers originating in the People' s Republic of China

Official Journal L 029 , 04/02/1986 P. 0036 - 0037

*****COMMISSION  DECISION  of 31 January 1986  terminating the anti-dumping proceeding concerning imports of hammers originating in the People's Republic of China  (86/20/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2176/84 of 23 July 1984 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 9 thereof,  After consultation within the Advisory Committee as provided for under the above Regulation,  Whereas:  A. Procedure  1. In 1984 the Commission received a complaint lodged by the European Tool Committee (CEO) on behalf of producers of hammers whose collective output constituted the majority of Community production of the product in question. The complaint contained evidence of dumping and of material injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding. The Commission accordingly announced, by a notice published in the Official Journal of the European Communities (2), the initiation of an anti-dumping proceeding concerning imports into the Community of ball peen, claw, machinist and sledge hammers of base metal falling within Common Customs Tariff heading No ex 82.04, corresponding to Nimexe Code ex 82.04-50, originating in the People's Republic of China, and commenced an investigation.  2. The Commission officially so advised the exporters and importers known to be concerned and the complainants and gave the parties directly concerned the opportunity to make known their views in writing and to request a hearing.  3. The Commission, for the purpose of obtaining all the information it deemed to be necessary, sent questionnaires to 19 German, French and UK firms on whose behalf the complaint was made, in order to allow each firm to demonstrate the injury caused to it by imports of hammers from the People's Republic of China.  4. Replies were received from only nine firms, of which only five supplied the information requested in the questionnaire; two sent their replies incomplete and two replied that they did not regard themselves as having been injured by imports of the products in question from the People's Republic of China.  5. Despite subsequent requests from the Commission to CEO for a more complete response from its members no further replies were received from the other 10 producers. The Commission carried out a detailed analysis of those firms whose replies were received. None of the producers requested to be heard by the Commission. One importer requested and was granted a hearing.  6. The Commission verified the information received to the extent it deemed necessary for the purposes of a preliminary determination and carried out investigations at the premises of the following EEC producers:  - Hermann Bremer KG, Wuppertal, Germany,  - Burgon & Ball Ltd, Sheffield, United Kingdom,  - Goldenberg SA, Saverne, France,  - Outillage MOB, Le Chambon Feugerolles, France,  - Carl Dan. Peddinhaus GMBH & Co. KG, Ennepetal, Germany,  - Joh. Herm Picard, Wuppertal, Germany,  - Spear & Jackson (Tools) Ltd, West Midlands, UK,  - Stanley Tools Ltd, Sheffield, UK,  - WM Whitehouse & Co. (Tools) Ltd, West Midlands, UK.  The complainant requested and received all information available to the Commission to the extent that such information was relevant to the complainant's interest, had been used by the Commission during the investigation and had a decisive influence on its findings.  The information disclosed was not regarded by the Commission as confidential within the meaning of Article 8 of Regulation (EEC) No 2176/84.  B. Injury  7. With regard to the allegation that imports of hammers from the country concerned caused injury to the Community producers of this product, the investigation showed that imports to the Community from the People's Republic of China increased from 3 501 tonnes in 1980 to 4 344 tonnes in 1982 but fell to 4 028 tonnes in 1983, to 3 685 tonnes in 1984 and to 1 184 tonnes during the first half of 1985. This reduction represented a fall in market share from about 40 % in 1982 to 16 % in the first half of 1985.  8. The information received from the complainant firms who cooperated in the investigation showed that their production increased form 2 167 tonnes in 1980 to 2 404 tonnes in 1984. With regard to the allegation that capacity utilization had decreased because of the imports in question, it was found that there was a steady decline up to 1983 followed by an upward trend in 1984 and the first half of 1985. No concrete information could be obtained, even from the companies that cooperated in this proceeding, concerning sales in the Community and sales outside the Community. Nevertheless, considering that the volume of stocks did not change substantially between 1980 and 1984 and that total exports to third countries remained stable, it can be concluded that the market share of Community producers in the Community increased by approximately 5 % between 1980 and 1984.  9. Although the development of prices throughout the Community prior to and during the reference period shows relatively small increases, the Commission considers that, in general, the available evidence on quantities imported from both the country concerned and from other countries, the pricing of those imports and the pricing of the products of Community producers show that the fact that prices did not increase more rapidly cannot be conclusively attributed to the imports in question. The Commission did, however, find isolated regional instances of price depression which could be attributed to certain of the imports in question but the injurious effect of these imports on prices was restricted both in time and to the immediate areas of the port of entry and, taking account of the quantities concerned, could not be considered material on a Community basis. In addition, in their sales of hammers in the Community during the reference period, all but one of the complainant firms that cooperated achieved profitability, and in some cases at a relatively high level in the light of the general economic situation.  10. Thus the Commission, in taking account of the evidence available, is of the opinion that, to the extent to which the complainant firms that cooperated may have sustained injury during the reference period which could be conclusively attributed to the imports in question, the injury cannot be described as material. In addition, despite repeated requests, a substantial number of complainant firms failed to cooperate by providing the necessary data on injury, thereby significantly impeding the investigation. The Commission concluded from this attitude that it was unlikely that any injury which these firms might have sustained was material.  C. Dumping  11. In view of the above findings with respect to injury the Commission considered it unnecessary to investigate the allegation of dumping with regard to the imports in question, since anti-dumping measures may be taken only where examination shows that there has been dumping during the period under investigation, that material injury has been caused thereby and that the interests of the Community call for such measures.  In these circumstances it is considered appropriate that the proceeding be terminated without the imposition of protective measures.  No objection to this course was raised in the Advisory Commitee,  HAS DECIDED AS FOLLOWS:  Sole Article  The anti-dumping investigation concerning imports of hammers originating in the People's Republic of China is hereby terminated.  Done at Brussels, 31 January 1986.  For the Commission  Willy DE CLERCQ  Member of the Commission  (1) OJ No L 201, 30. 7. 1984, p. 1.  (2) OJ No C 96, 17. 4. 1985, p. 3.


title: 2014/645/CFSP: Political and Security Committee Decision EUCAP NESTOR/2/2014 of 24 July 2014 on the acceptance of third States' contributions to the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR)

text:
               6.9.2014

               EN

               Official Journal of the European Union

               L 267/7

         POLITICAL AND SECURITY COMMITTEE DECISION EUCAP NESTOR/2/2014
   of 24 July 2014
   on the acceptance of third States' contributions to the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR)

      (2014/645/CFSP)

   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Decision 2012/389/CFSP of 16 July 2012 on the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) (1), and in particular Article 10(3) thereof,
   Whereas:

               (1)

               Pursuant to Article 10(3) of Decision 2012/389/CFSP, the Council authorised the Political and Security Committee (PSC) to take the relevant decisions on acceptance of proposed contributions by third States.

               (2)

               Following the recommendation on a contribution from Australia by the Civilian Operations Commander, the contribution from Australia should be accepted.

               (3)

               In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The contribution from Australia to the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) is accepted and is considered to be significant.
   2.   Australia is exempted from financial contributions to the budget of EUCAP NESTOR.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 24 July 2014.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 187, 17.7.2012, p. 40.


title: Commission Decision of 6 March 2013 amending Commission Decision of 6 October 2010 setting up the group of experts on the mission evolution of the European navigation satellite systems, the ‘Mission Evolution Advisory Group’  Text with EEA relevance

text:
               7.3.2013

               EN

               Official Journal of the European Union

               C 66/24

         COMMISSION DECISION
   of 6 March 2013
   amending Commission Decision of 6 October 2010 setting up the group of experts on the mission evolution of the European navigation satellite systems, the ‘Mission Evolution Advisory Group’
   (Text with EEA relevance)
   2013/C 66/05
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Whereas:

               (1)

               Commission Decision of 6 October 2010 set up the group of experts on the mission evolution of the European navigation satellite systems, the ‘Mission Evolution Advisory Group’ (1) (hereafter ‘the group’) with a view to providing the Commission with independent advice on EGNOS and Galileo mission evolution matters.

               (2)

               When establishing the group, the Commission decided that the group should be composed of individuals appointed in their personal capacity.

               (3)

               According to the Commission's rules on expert groups (2), members appointed in their personal capacity must act independently and in the public interest.

               (4)

               Some of the members of the group, as appointed by the Commission (3), are employees and managers from private companies, which are directly concerned by the work of the group. Therefore, such employees and managers cannot serve as members in a personal capacity; they may participate in the work of the group as representatives of stakeholders.

               (5)

               In light of the above, members of the group should be individuals appointed in their personal capacity, individuals appointed to represent a common interest shared by stakeholders and organisations. In line with the Commission's rules on expert groups (4), the term organisations is understood in the broad sense of the word, referring, inter alia, to companies, associations, non-governmental organisations, trade unions, Union agencies and bodies, as well as international organisations.

               (6)

               Commission Decision of 6 October 2010 setting up the group of experts on the mission evolution of the European navigation satellite systems, the ‘Mission Evolution Advisory Group’ should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   In Article 4 of the Decision of 6 October 2010 setting up the group of experts on the mission evolution of the European navigation satellite systems, the ‘Mission Evolution Advisory Group’, paragraphs 2 and 3 shall be replaced by the following text:

      ‘2.   The members shall be appointed by the Commission from specialists with competence in the areas referred to in Article 2 and from organisations with a record of activity in these areas who have responded to the call for applications.
      3.   The members of the group shall be:

                  —

                  individuals appointed in a personal capacity;

                  —

                  individuals appointed to represent a common interest shared by stakeholders in the satellite navigation domain; they shall not represent an individual stakeholder; or

                  —

                  organisations in the broad sense of the word, including companies, associations, non-governmental organisations, trade unions, Union agencies and bodies, as well as international organisations; organisations shall nominate their representatives.’

   Article 2
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union. It shall apply until 31 December 2014.

      Done at Brussels, 6 March 2013.

            For the Commission

         Antonio TAJANI

            Vice-President

      (1)  OJ C 271, 7.10.2010, p. 2.

      (2)  C(2010) 7649 final, rule 9.

      (3)  C(2011) 3624 final.

      (4)  C(2010) 7649 final, rule 8.


title: 2009/393/EC: Council Decision of 18 May 2009 establishing the position to be adopted, on behalf of the Community, within the International Grains Council as regards the extension of the Grains Trade Convention 1995

text:
               20.5.2009

               EN

               Official Journal of the European Union

               L 124/63

      COUNCIL DECISION

   of 18 May 2009
   establishing the position to be adopted, on behalf of the Community, within the International Grains Council as regards the extension of the Grains Trade Convention 1995
   (2009/393/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the second subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Grains Trade Convention 1995 was concluded by the Community by Council Decision 96/88/EC (1) and was regularly extended for further periods of two-year. It was last extended by decision of the International Grains Council in June 2007 and remains into force until 30 June 2009. A further extension is in the interest of the Community. The Commission, which represents the Community in the Grains Trade Convention, should therefore be authorised to vote in favour of such extension,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The European Community's position within the International Grains Council shall be to vote in favour of the extension of the Grains Trade Convention 1995 for a further period of up to two years.
   The Commission is hereby authorised to express this position within the International Grains Council.

      Done at Brussels, 18 May 2009.

            For the Council

            The President

         J. KOHOUT

      (1)  OJ L 21, 27.1.1996, p. 47.


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32003D0782

2003/782/EC: Council Decision of 27 October 2003 appointing a member of the Committee of the Regions

Official Journal L 286 , 04/11/2003 P. 0017 - 0017

Council Decisionof 27 October 2003appointing a member of the Committee of the Regions(2003/782/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the proposal from the Spanish Government,Whereas:(1) The Council adopted Decision 2002/60/EC of 22 January 2002 appointing the members and alternate members of the Committee of the Regions(1).(2) The seat of a member of the Committee of the Regions has fallen vacant following the expiry of the mandate of Mr Alberto RUIZ-GALLARDON JIMÉNEZ, of which the Council was notified on 6 October 2003,HAS DECIDED AS FOLLOWS:Sole ArticleMr Carlos MAYOR OREJA, Vicepresidente, Comunidad de Madrid, is hereby appointed a member of the Committee of the Regions in place of Mr Alberto RUIZ-GALLARDON JIMÉNEZ for the remainder of his term of office, which ends on 25 January 2006.Done at Luxembourg, 27 October 2003.For the CouncilThe PresidentA. Matteoli(1) OJ L 24, 26.1.2002, p. 38.


title: Council Decision of 4 October 1973 on Community financing of certain expenditure concerning emergency food aid in the form of cereals for Ethiopia and Pakistan

text:
No L 279 / 32                          Official Journal of the European Communities                             5 . 10 . 73
                                                              II
                                          (Acts whose publication is not obligatory)
                                                      COUNCIL
                                                   COUNCIL DECISION
                                                      of 4 October 1973
             on Community financing of certain expenditure concerning emergency food aid
                                  in the form of cereals for Ethiopia and Pakistan
                                                         (73/297/ EEC)
THE COUNCIL OF THE EUROPEAN                                        Whereas, on account of the emergency character of
COMMUNITIES ,                                                      these measures, the Community should bear the cost
                                                                   of transport to the ports of destination ,
Having regard to the Treaty establishing the European
Economic Community ;
                                                                   HAS DECIDED AS FOLLOWS :
Having regard to Council Regulation (EEC) No
                                                                                Sole Article
1703 /72 (') of 3 August 1972 amending Regulation
(EEC) No 2052/69 on Community financing of expen                  For the purpose of implementation of the Commu
diture arising from the implementation of the 1967                 nity emergency food measures involving 20 000
Food Aid Convention and laying down the rules for                  metric tons of cereals for Pakistan comprising 10 000
Community financing of expenditure arising from the                metric tons under the 1971 /72 programme and
implementation of the Food Aid Convention of 1971 ,                 10 000 metric tons under the 1972/ 73 programme
and in particular Article 8(1 ) and Article 10(1 )                 and 5 000 metric tons of cereals for Ethiopia under
thereof ;                                                          the 1972/73 programme . Community financing shall
Having regard to the proposal from the Commission ;                include the cost of transport of the goods to the ports
                                                                   of destination .
Whereas emergency food aid in the form of cereals
should be offered to Ethiopia following the drought                Done at Brussels , 4 October 1 973 .
from which that country has suffered ;
                                                                                For the Council
Whereas, following the recent floods in Pakistan,                                                The President
emergency food aid in the form of cereals should also
be offered to that country ;                                                                    I. N0RGAARD
(') O ) No L 180 , 8 . 8. 1972, p. 1 .


Avis juridique important

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41984D0653

84/653/Euratom, ECSC, EEC: Decision of the representatives of the Governments of the Member States of the European Communities of 17 December 1984 appointing a Vice-President of the Commission of the European Communities

Official Journal L 341 , 29/12/1984 P. 0088 - 0088

*****DECISION  OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES  of 17 December 1984  appointing a Vice-President of the Commission of the European Communities  (84/653/Euratom, ECSC, EEC)  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities, and in particular Article 14 thereof,  Whereas Mr Edgard Pisani, Member and Vice-President of the Commission, tendered his resignation by letter dated 3 December 1984;  Whereas, in its Decision of 11 December 1984, the Council decided that it was not necessary to replace Mr Pisani in his capacity as Member of the Commission;  Whereas a Vice-President of the Commission should be appointed for the remainder of the term of office of Mr Pisani,  Having consulted the Commission,  HAVE DECIDED AS FOLLOWS:  Sole Article  Mr Richard Burke is hereby appointed Vice-President of the Commission of the European Communities for the period up to and including 5 January 1985.  Done at Brussels, 17 December 1984.  The President  P. BARRY


title: 2009/744/EC: Council Decision of 24 September 2009 appointing one Irish member of the Committee of the Regions

text:
               9.10.2009

               EN

               Official Journal of the European Union

               L 265/39

      COUNCIL DECISION

   of 24 September 2009
   appointing one Irish member of the Committee of the Regions
   (2009/744/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal of the Irish Government,
   Whereas:

               (1)

               On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

               (2)

               A member’s seat on the Committee of the Regions has become vacant following the expiry of the mandate of Mr Seamus MURRAY,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following is hereby appointed to the Committee of the Regions as a member for the remainder of the current term of office, which runs until 25 January 2010:
   Ms Fiona O’LOUGHLIN, member of Kildare County Council.
   Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Brussels, 24 September 2009.

            For the Council

            The President

         M. OLOFSSON

      (1)  OJ L 56, 25.2.2006, p. 75.


Avis juridique important

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31997D0162

97/162/EC: Commission Decision of 18 February 1997 on the initiation of international consultation and dispute settlement procedures concerning changes to United States rules of origin for textile products resulting in the non-conferral of Community origin on certain products processed in the European Community

Official Journal L 062 , 04/03/1997 P. 0043 - 0045

COMMISSION DECISION of 18 February 1997 on the initiation of international consultation and dispute settlement procedures concerning changes to United States rules of origin for textile products resulting in the non-conferral of Community origin on certain products processed in the European Community (97/162/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organization (WTO) (1), as amended by Regulation (EC) No 356/95 (2), and in particular Articles 13 and 14 thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE (1) On 11 October 1996 a compliant was submitted to the Commission about an obstacle to trade resulting from changes to United States legislation on rules of origin for textile products. The complainant alleged that the new rules refuse Community originating status to products which have been dyed, printed and finished in the Community on loom-state fabrics produced in non-member countries. Under previous US legislation, that is prior to July 1995, these products had Community origin. According to the complainant, this change threatens Community exports of textile products.(2) The complaint was lodged by the association Federtessile, Italy, on behalf of the association representing the Italian silk industry and the association representing the Italian luxury finishing textile industry. The complaint contained sufficient evidence to justify the initiation of a procedure under Regulation (EC) No 3286/94.(3) An examination procedure was initiated on 22 November 1996 (3). Federtessile's allegations were included in the notice of initiation.B. ALLEGATIONS OF OBSTACLES TO TRADE (4) The complainant alleged that the changes made by the US to their rules of origin legislation for textile products, following the entry into force of the WTO Agreements, constituted an obstacle to trade within the meaning of Article 2 (1) of Regulation (EC) No 3286/94. More specifically, the complainant referred to two Agreements annexed to the WTO Agreement: Article 4 (2) of the Agreement on Textiles and Clothing and Article 2 (b) and (c) of the Agreement on Rules of Origin.(5) The Commission considers that Article 4 (2) of the Agreement on Textiles and Clothing could provide the basis for an action for all Community textile exports to the US which will or may be subject to the quantitative restrictions imposed by the US on fibre producers. This situation is expressly provided for by Article 4 (2), which states that: 'the introduction of changes [ . . . ] in rules [ . . . ] in the implementation or administration of those restrictions notified or applied under this Agreement should not: [ . . . ] adversely affect the access available to a Member [ . . . ] or disrupt trade under this Agreement`.(6) The Commission also considers that a significant aspect of the problem lies in the requirement to label the products in question as originating in the country which produced the loom-state fabric and not in the European Community or one of its Member States. This practice is likely to turn the US consumer away from Community exports of the textiles in question because he is no longer able to identify them. Hence the Commission considers that the Agreement on Rules of Origin should be used as a basis of the action, particularly as a matter of principle is at stake. Article 2 of the Agreement on Rules of Origin provides that: 'rules of origin shall not be used as instruments to pursue trade objectives directly or indirectly [ . . . ] and shall not themselves create restrictive, distorting or disruptive effects on international trade`.(7) The Commission nonetheless considers that reference to these two legal bases does not rule out recourse to other provisions of the two Agreements, or any other pertinent provision of the Agreement establishing the WTO and the Agreements annexed to it, which could be of use in procedures before the WTO.C. ADVERSE TRADE EFFECTS (8) On publishing the notice of initiation of the examination procedure, the Commission commenced an investigation to determine the actual extent to which exports of Community textiles would be affected by the new US rules.(9) This investigation is currently under way. However, the factual information so far gathered by the Commission already provide sufficient proof of certain adverse trade effects and their possible build-up. While the investigation should continue with a view to establishing more accurately the effects of the US practice on Community exports of the products in question, there is therefore no need to wait until the end of the investigation to decide on the specific infringement constituted by the practice resulting from the new US rules of origin.D. COMMUNITY INTEREST (10) It is not just the interests of a few individual enterprises which are threatened but an entire Community sector of activity and hence a significant number of enterprises located in several different regions of the European Community.In addition, one of the priorities of the European Commission is to ensure that all non-member countries comply with their multilateral undertakings. This compliance is particularly important in the textiles sector where the progressive liberalization provided for in the WTO means it is even more vital to avoid disruptions to trade flows which could be caused by new barriers to trade.(11) It is in the Community's interest for the Commission to act rapidly against the US to protect the exports in question. Since the practices in question fall within the scope of disciplines established at multilateral level, the WTO would be the most appropriate international legal framework for the Community's action.E. CONCLUSIONS AND MEASURES TO BE TAKEN (12) Well before the examination procedure was formally initiated, many consultations had been held between representatives of the European Commission and the US to seek a satisfactory solution to the problem. These bilateral discussions have since continued in the framework of the investigation but have not led to a result acceptable to the European Community. The US representatives have offered only temporary assurances which provided only very partial solutions to the problems.(13) It emerged from these consultations that only a further change to US legislation on origin rules for textiles would restore the security of Community exporters. Thus until the US Congress examines such an amendment, further consultations with the US administration will not produce final and satisfactory results since it does not have the power to enter into any undertaking.(14) Therefore, unless a bill to amend US rules of origin for textiles is put before the US Congress and results in the adoption of legislation in full compliance with US commitments arising from the Uruguay Round, the Commission considers that it must take official action against the US under the two Agreements of the WTO under which a right of action has been identified by the complainant and confirmed by the Commission's examination.(15) The Commission will therefore request consultations pursuant to the Agreement on Textiles and Clothing and if necessary it will bring this case before the Textiles Monitoring Body (TMB) for thorough consideration of the matter and the formulation of recommendations in accordance with Article 8 (5) et seq. of the Agreement.(16) At the same time, consultations will be requested with the US under the aegis of the WTO Agreement on Rules of Origin, in order to discuss with the US the conditions of application of Article 2 of that Agreement to their rules of origin.(17) Pursuant to Article 13 (2) of Regulation (EC) No 3286/94, the decision to initiate formal international consultation or dispute settlement procedures must be taken in accordance with Article 14. This states that the Commission must adopt a decision which it shall communicate to the Member States and which shall apply after a period of 10 days if during this period no Member State has referred the matter to the Council,HAS DECIDED AS FOLLOWS:Article 1 1. The appropriate consultation procedures, followed if necessary by referral to the Textiles Monitoring Body provided for in Article 8 of the Agreement on Textiles and Clothing annexed to the Agreement establishing the World Trade Organization, and subsequently by recourse to the WTO dispute settlement body, shall be initiated in respect of the US rules of origin for textiles and clothing, in accordance with Title III, Sub-section D, Section 334 of the Uruguay Round Agreements Act.2. The appropriate consultation procedures, followed if necessary by the dispute settlement procedures provided for in Articles 7 and 8 of the Agreement on Rules of Origin, annexed to the Agreement establishing the World Trade Organization, shall be initiated in respect of the US rules of origin for textiles and clothing, in accordance with Title III, Sub-section D, Section 334 of the Uruguay Round Agreements Act.Article 2 1. Application of the provisions of Article 1 (1) and (2) shall be suspended if a bill is laid before the US Congress by 4 April 1997 proposing amendments to US legislation on rules of origin for textiles and clothing which would bring it into full compliance with US undertakings as established by the Uruguay Round.2. If after a period of four months following the submission to the US Congress of the bill referred to in Article 2 (1), the US Congress does not adopt an amendment to the legislation on rules of origin for textiles and clothing which would bring it into full compliance with US undertakings as established by the Uruguay Round, the provisions of Article 1 (1) and (2) will once again apply.Article 3 This Decision shall apply from the date of its publication in the Official Journal of the European Communities.Done at Brussels, 18 February 1997.For the CommissionLeon BRITTANVice-President(1) OJ No L 349, 31. 12. 1994, p. 71.(2) OJ No L 41, 23. 2. 1995, p. 3.(3) OJ No C 351, 22. 11. 1996, p. 6.


title: Council Decision (EU) 2017/262 of 6 February 2017 determining, for the General Secretariat of the Council, the appointing authority and the authority empowered to conclude contracts of employment, and repealing Decision 2013/811/EU

text:
               16.2.2017

               EN

               Official Journal of the European Union

               L 39/4

         COUNCIL DECISION (EU) 2017/262
   of 6 February 2017
   determining, for the General Secretariat of the Council, the appointing authority and the authority empowered to conclude contracts of employment, and repealing Decision 2013/811/EU
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union, as laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68 (1), and in particular Article 2 of those Staff Regulations and Article 6 of those Conditions of Employment,
   Whereas:

               (1)

               Under the first subparagraph of Article 240(2) of the Treaty on the Functioning of the European Union, the General Secretariat of the Council comes under the responsibility of a Secretary-General.

               (2)

               In order to promote administrative simplification and the effective management of staff, the Secretary-General should have broader scope to delegate his powers as regards the application of the Staff Regulations of Officials of the European Union (‘the Staff Regulations’) and of the Conditions of Employment of Other Servants of the European Union (‘the Conditions of Employment’) to the Director-General of Administration. Moreover, the Secretary-General should be authorised to delegate to all Directors-General the power to decide on internal reassignments and transfers according to staffing needs within their Directorates-General.

               (3)

               Council Decision 2013/811/EU (2) should be repealed,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The powers conferred by the Staff Regulations on the appointing authority and by the Conditions of Employment on the authority competent to conclude contracts of employment shall, as regards the General Secretariat of the Council, be exercised:

               (a)

               by the Council in relation to the Secretary-General;

               (b)

               by the Council, on a proposal from the Secretary-General, in relation to the application of Articles 1a, 30, 34, 41, 49, 50 and 51 of the Staff Regulations to Directors-General;

               (c)

               by the Secretary-General in other cases.

         2.   The Secretary-General is authorised to delegate, in whole or in part, to the Director-General of Administration any or all of his powers as regards the application of the Staff Regulations and of the Conditions of Employment.
   3.   The Secretary-General is authorised to delegate to all Directors-General the power regarding reassignments and transfers in the interest of the service within their respective Directorates-General in accordance with the first subparagraph of Article 7(1) of the Staff Regulations.
   Article 2
   Decision 2013/811/EU is hereby repealed.
   Article 3
   This Decision shall enter into force on 1 March 2017.

      Done at Brussels, 6 February 2017.

            For the Council

            The President

         F. MOGHERINI

      (1)  Council Regulation (EEC, Euratom, ECSC) No 259/68 of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission (OJ L 56, 4.3.1968, p. 1).

      (2)  Council Decision 2013/811/EU of 17 December 2013 determining for the General Secretariat of the Council the appointing authority and the authority empowered to conclude contracts of employment and repealing Decision 2011/444/EU (OJ L 355, 31.12.2013, p. 91).


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41978D1040

Decision of the Representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council, of 19 December 1978 establishing supervision for imports of certain products originating in Sweden (1979)

Official Journal L 377 , 30/12/1978 P. 0037 - 0038

++++DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY , MEETING WITHIN THE COUNCIL ,  OF 19 DECEMBER 1978  ESTABLISHING SUPERVISION FOR IMPORTS OF CERTAIN PRODUCTS ORIGINATING IN SWEDEN ( 1979 )   ( 78/1040/ECSC )  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY , MEETING WITHIN THE COUNCIL ,  IN AGREEMENT WITH THE COMMISSION ,  HAVE DECIDED AS FOLLOWS :  ARTICLE 1  1 . IMPORTS OF CERTAIN PRODUCTS ORIGINATING IN SWEDEN AND INDICATED IN ARTICLES 1 AND 2 OF PROTOCOL 1 TO THE AGREEMENT BETWEEN THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY AND THE EUROPEAN COAL AND STEEL COMMUNITY , OF THE ONE PART , AND THE KINGDOM OF SWEDEN , OF THE OTHER PART , SHALL BE SUBJECT TO ANNUAL INDICATIVE CEILINGS AND TO COMMUNITY SUPERVISION FROM 1 JANUARY TO 31 DECEMBER 1979 .  THE DESCRIPTION OF THE PRODUCTS REFERRED TO IN THE PRECEDING SUBPARAGRAPH , THEIR TARIFF HEADINGS AND STATISTICAL NUMBERS AND THE LEVELS OF THE INDICATIVE CEILINGS ARE GIVEN IN COUNCIL REGULATION ( EEC ) NO 3177/78 OF 19 DECEMBER 1978 ESTABLISHING INDICATIVE CEILINGS AND COMMUNITY SUPERVISION FOR IMPORTS OF CERTAIN PRODUCTS ORIGINATING IN SWEDEN ( 1 ) .  2 . AMOUNTS SHALL BE SET OFF AGAINST THE INDICATIVE CEILINGS AS AND WHEN THE GOODS ARE ENTERED WITH CUSTOMS AUTHORITIES FOR HOME USE AND ARE ACCOMPANIED BY A MOVEMENT CERTIFICATE CONFORMING TO THE RULES CONTAINED IN THE AGREEMENT REFERRED TO IN PARAGRAPH 1 .  GOODS SHALL BE SET OFF AGAINST THE INDICATIVE CEILING ONLY IF THE MOVEMENT CERTIFICATE HAS BEEN SUBMITTED BEFORE THE DATE ON WHICH CUSTOMS DUTIES ARE REIMPOSED .  THE REACHING OF A CEILING SHALL BE DETERMINED AT COMMUNITY LEVEL ON THE BASIS OF IMPORTS SET OFF AGAINST IT IN THE MANNER DEFINED IN THE PRECEDING SUBPARAGRAPH .  THE MEMBER STATES SHALL PERIODICALLY INFORM THE COMMISSION OF IMPORTS EFFECTED IN ACCORDANCE WITH THE ABOVE RULES ; SUCH INFORMATION SHALL BE SUPPLIED UNDER THE CONDITIONS LAID DOWN IN PARAGRAPH 4 .  3 . AS SOON AS THE CEILINGS HAVE BEEN REACHED , THE MEMBER STATES MAY , AT THE REQUEST OF ONE OF THEM OR OF THE COMMISSION , REIMPOSE , UNTIL THE END OF THE CALENDAR YEAR , EACH IN RESPECT OF ITS OWN TERRITORY , THE CUSTOMS DUTIES APPLICABLE TO THIRD COUNTRIES , ADJUSTED , WHERE APPROPRIATE , BY THE PERCENTAGES LAID DOWN IN ARTICLE 2 ( E ) OF PROTOCOL 1 TO THE AGREEMENT REFERRED TO IN PARAGRAPH 1 .  WITHIN THE FRAMEWORK OF THE PROVISIONS OF THE FIRST SUBPARAGRAPH , THE COMMISSION SHALL COORDINATE THE PROCEDURES FOR REINTRODUCING CUSTOMS DUTIES APPLICABLE TO THIRD COUNTRIES , IN PARTICULAR , BY NOTIFYING THE DATE COMMON TO THE WHOLE OF THE COMMUNITY AND DIRECTLY APPLICABLE IN EACH MEMBER STATE . THIS NOTIFICATION SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  4 . MEMBER STATES SHALL FORWARD TO THE COMMISSION NOT LATER THAN THE 15TH DAY OF EACH MONTH STATEMENTS OF THE AMOUNTS SET OFF DURING THE PRECEDING MONTH . THEY SHALL , IF THE COMMISSION SO REQUESTS , MAKE UP SUCH STATEMENTS FOR PERIODS OF 10 DAYS AND FORWARD THEM WITHIN FIVE CLEAR DAYS OF EXPIRY OF THE PRECEDING 10-DAY PERIOD .  ARTICLE 2  1 . IMPORTS OF PRODUCTS ORIGINATING IN SWEDEN WHICH ARE MENTIONED IN ARTICLES 1 AND 2 OF PROTOCOL 1 TO THE AGREEMENT AND INDICATED IN ANNEX II TO REGULATION ( EEC ) NO 3177/78 , SHALL BE SUBJECT TO COMMUNITY SUPERVISION .  2 . MEMBER STATES SHALL FORWARD TO THE COMMISSION NOT LATER THAN THE 15TH DAY OF EACH MONTH STATEMENTS OF IMPORTS OF THE PRODUCTS IN QUESTION EFFECTED DURING THE PRECEDING MONTH ; ONLY PRODUCTS SUBMITTED TO THE CUSTOMS AUTHORITIES UNDER COVER OF AN ENTRY FOR HOME USE AND ACCOMPANIED BY A MOVEMENT CERTIFICATE CONFORMING TO THE RULES CONTAINED IN PROTOCOL 3 TO THE AGREEMENT SHALL BE TAKEN INTO CONSIDERATION FOR THIS PURPOSE .  ARTICLE 3  FOR THE IMPLEMENTATION OF THIS DECISION THE MEMBER STATES SHALL TAKE ALL NECESSARY MEASURES IN CLOSE COOPERATION WITH THE COMMISSION .  ARTICLE 4  THE MEMBER STATES SHALL TAKE ALL MEASURES REQUIRED TO IMPLEMENT THIS DECISION .  DONE AT BRUSSELS , 19 DECEMBER 1978 .  THE PRESIDENT  H . -D . GENSCHER  ( 1 ) SEE PAGE 25 OF THIS OFFICIAL JOURNAL .


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32002D0604

2002/604/EC: Commission Decision of 9 July 2002 terminating the examination procedures concerning obstacles to trade, within the meaning of Council Regulation (EC) No. 3286/94, consisting of trade practices maintained by the United States of America in relation to imports of prepared mustard

Official Journal L 195 , 24/07/2002 P. 0072 - 0073

Commission Decisionof 9 July 2002terminating the examination procedures concerning obstacles to trade, within the meaning of Council Regulation (EC) No. 3286/94, consisting of trade practices maintained by the United States of America in relation to imports of prepared mustard(2002/604/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 3286/94 of 22 December 1994 (hereinafter "the Regulation") laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organisation(1), as amended by Regulation (EC) No 356/95(2), and in particular Article 11(1) thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURAL BACKGROUND(1) On 7 June 2001 the Federation of the French Condiment Industries (FICF) lodged a complaint pursuant to Article 4 of the Regulation.(2) FICF alleged that Community exports of prepared mustard to the United States of America are hindered by an obstacle to trade within the meaning of Article 2(1) of the Regulation.(3) The alleged obstacle to trade was constituted by the United States decision to apply the suspension of trade concessions imposed on prepared mustard, following the Hormones Case, only to exports originating in certain Community Member States (the United Kingdom is included).(4) The Commission decided, after consultation of the Advisory Committee established by the Regulation, that the complaint contained sufficient evidence to justify the initiation of an examination procedure. Consequently, an examination procedure was initiated on 1 August 2001(3).B. FINDINGS OF THE INVESTIGATION(5) Article 1 of the Regulation states that "this Regulation establishes Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules [...] which [...] are aimed at: (a) [...]; (b) responding to obstacles to trade that have an effect on the market of a third country, with a view to removing the adverse trade effects resulting therefrom". Furthermore, Article 4(1) of the Regulation provides that a written complaint may be lodged by Community enterprises that are considered to "have suffered adverse trade effects as a result of obstacles to trade that have an effect on the market of a third country".(6) The examination procedure led to the conclusion that the alleged adverse trade effects do not appear to stem from the obstacle to trade claimed in the complaint, i.e. the United States of America practice of applying withdrawal of concessions selectively against some but not all the Member States (selective sanctioning). In fact, the investigation did not provide any evidence of the fact that making the suspension of concessions also applicable to the United Kingdom would result in greater export opportunities for the complainant for prepared mustard to the United States market. Therefore, no adverse trade effect, as defined in the Regulation, can be attributed to the obstacle to trade claimed by the complaint, other than the trade effects resulting from the suspension of concessions which are authorised and lawfully applied by the United States of America under the WTO Agreement. Therefore, in accordance with Article 11, the examination procedure has demonstrated that the interests of the Community do not require that a specific action be taken against the alleged obstacle to trade under the Regulation.C. CONCLUSIONS AND RECOMMENDATIONS(7) The examination procedure did not provide sufficient evidence that the interests of the Community require a specific action to be taken under the Regulation against the adverse trade effects produced by the alleged obstacle to trade. The examination procedure should therefore be terminated.(8) The measures provided for in this Decision are in accordance with the opinion of the Advisory Committee established by the Regulation.HAS ADOPTED THIS DECISION:Sole ArticleThe examination procedure concerning obstacles to trade, within the meaning of the Regulation, consisting of trade practices maintained by the United States of America in relation to imports of prepared mustard initiated on 1 August 2001 is hereby terminated.Done at Brussels, 9 July 2002.For the CommissionPascal LamyMember of the Commission(1) OJ L 349, 31.12.1994, p. 71.(2) OJ L 41, 23.2.1995, p. 3.(3) OJ C 215, 1.8.2001, p. 2.


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32003D0785

2003/785/EC: Decision of the European Parliament and of the Council of 9 October 2003 on the mobilisation of the EU Solidarity Fund in accordance with 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 (damage caused by the Prestige oil tanker, by the earthquake in Molise and Apulia, and by the eruption of Mount Etna)

Official Journal L 290 , 08/11/2003 P. 0040 - 0040

Decision of the European Parliament and of the Councilof 9 October 2003on the mobilisation of the EU Solidarity Fund in accordance with 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 (damage caused by the Prestige oil tanker, by the earthquake in Molise and Apulia, and by the eruption of Mount Etna)(2003/785/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) The damage caused by the Prestige oil tanker, by the earthquake in Molise and Apulia, and by the eruption of Mount Etna meets the conditions for mobilising the Fund,HAVE DECIDED AS FOLLOWS:Article 1For the general budget of the European Union for the financial year 2003, the European Union Solidarity Fund shall be mobilised to provide the sum of EUR 56,250 million in commitment appropriations.Article 2This Decision shall be published in the Official Journal of the European Union.Done at Brussels, 9 October 2003.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentF. Frattini(1) OJ C 283, 20.11.2002, p. 1.(2) OJ L 311, 14.11.2002, p. 3.


title: 2013/159/CFSP: Political and Security Committee Decision Atalanta/1/2013 of 22 March 2013 on the appointment of an EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta)

text:
               27.3.2013

               EN

               Official Journal of the European Union

               L 87/12

         POLITICAL AND SECURITY COMMITTEE DECISION ATALANTA/1/2013
   of 22 March 2013
   on the appointment of an EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta)
   (2013/159/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular Article 38 thereof,
   Having regard to Council Joint Action 2008/851/CFSP of 10 November 2008 on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (1), and in particular Article 6 thereof,
   Whereas:

               (1)

               Pursuant to Article 6 (1) of Joint Action 2008/851/CFSP, the Council authorised the Political and Security Committee (PSC) to take decisions on the appointment of the EU Force Commander.

               (2)

               On 27 November 2012, the PSC adopted Decision Atalanta/3/2012 (2) appointing Rear Admiral Ángel GARCĺA DE PAREDES PÉREZ DE SEVILLA as EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta).

               (3)

               The EU Operation Commander has recommended the appointment of Commodore Jorge NOVO PALMA as the new EU Force Commander for Atalanta to succeed Rear Admiral Ángel GARCĺA DE PAREDES PÉREZ DE SEVILLA.

               (4)

               The EU Military Committee supports that recommendation.

               (5)

               In accordance with Article 5 of the Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications,

         HAS ADOPTED THIS DECISION:
   Article 1
   Commodore Jorge NOVO PALMA is hereby appointed EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast as from 6 April 2013.
   Article 2
   Decision Atalanta/3/2012 is hereby repealed.
   Article 3
   This Decision shall enter into force on 6 April 2013.

      Done at Brussels, 22 March 2013.

            For the Political and Security Committee

            The Chairperson

         O. SKOOG

      (1)  OJ L 301, 12.11.2008, p. 33.

      (2)  Political and Security Committee Decision Atalanta/3/2012 of 27 November 2012 on the appointment of an EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) (OJ L 332, 4.12.2012, p. 20).


title: Decision (EU) 2015/1710 of the European Parliament of 29 April 2015 on the closure of the accounts of the ENIAC Joint Undertaking for the financial year 2013

text:
               30.9.2015

               EN

               Official Journal of the European Union

               L 255/429

      DECISION (EU) 2015/1710 OF THE EUROPEAN PARLIAMENT
      of 29 April 2015
      on the closure of the accounts of the ENIAC Joint Undertaking for the financial year 2013
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the ENIAC Joint Undertaking for the financial year 2013,

                  —

                  having regard to the Court of Auditors' report on the annual accounts of the ENIAC Joint Undertaking for the financial year 2013, together with the Joint Undertaking'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 joint undertaking in respect of the implementation of the budget for the financial year 2013 (05306/2015 — C8-0049/2015),

                  —

                  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 209 thereof,

                  —

                  having regard to Council Regulation (EC) No 72/2008 of 20 December 2007 setting up the ENIAC Joint Undertaking (5),

                  —

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

                  —

                  having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (7),

                  —

                  having regard to Commission Delegated Regulation (EU) No 110/2014 of 30 September 2013 on the model financial regulation for public-private partnership bodies referred to in Article 209 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (8),

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control (A8-0104/2015),

         1.

            Postpones the closure of the accounts of the ENIAC Joint Undertaking for the financial year 2013;

         2.

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

               The President

            Martin SCHULZ

               The Secretary-General

            Klaus WELLE

         (1)  OJ C 452, 16.12.2014, p. 26.

         (2)  OJ C 452, 16.12.2014, p. 27.

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

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

         (5)  OJ L 30, 4.2.2008, p. 21.

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

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

         (8)  OJ L 38, 7.2.2014, p. 2.


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E1996C1121(02)

Authorization of State aid pursuant to Article 61 of the EEA Agreement and Article 11 of the Act referred to in point 1b of Annex XV to the EEA Agreement EFTA Surveillance Authority decision not to raise objections

Official Journal C 350 , 21/11/1996 P. 0006 - 0006

Authorization of State aid pursuant to Article 61 of the EEA Agreement and Article 11 of the Act referred to in point 1b of Annex XV to the EEA Agreement EFTA Surveillance Authority decision not to raise objections (96/C 350/05)>TABLE>


title: Council Decision (EU) 2016/828 of 21 April 2016 on the conclusion, on behalf of the Union, of the Amending Protocol to the Agreement between the European Community and the Republic of San Marino providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments

text:
               27.5.2016

               EN

               Official Journal of the European Union

               L 140/1

         COUNCIL DECISION (EU) 2016/828
   of 21 April 2016
   on the conclusion, on behalf of the Union, of the Amending Protocol to the Agreement between the European Community and the Republic of San Marino providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 115 in conjunction with Article 218(6)(b) and the second subparagraph of Article 218(8),
   Having regard to the proposal from the European Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               In accordance with Council Decision (EU) 2015/2469 (2), the Amending Protocol to the Agreement between the European Community and the Republic of San Marino providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments (the ‘Amending Protocol’) was signed on 8 December 2015, subject to its conclusion at a later date.

               (2)

               The text of the Amending Protocol, which is the result of negotiations, duly reflects the negotiating directive issued by the Council as it aligns the Agreement between the European Community and the Republic of San Marino providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments (3) (the ‘Agreement’) with the latest developments at international level concerning automatic exchange of information, namely, with the Global Standard for automatic exchange of financial account information in tax matters developed by the Organisation for Economic Cooperation and Development (OECD). The Union, the Member States and the Republic of San Marino have actively participated in the work of the Global Forum of the OECD for supporting the development and implementation of that Standard. The text of the Agreement, as amended by this Amending Protocol, is to be the legal basis for implementing the Global Standard in the relations between the Union and the Republic of San Marino.

               (3)

               The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 of the European Parliament and of the Council (4).

               (4)

               The Amending Protocol should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Amending Protocol to the Agreement between the European Community and the Republic of San Marino providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments is hereby approved on behalf of the Union (5).
   Article 2
   1.   The President of the Council shall, on behalf of the Union, give the notification provided for in Article 2(1) of the Amending Protocol.
   2.   The Commission shall notify the Republic of San Marino and the Member States of the notifications received in accordance with Article l(l)(d) of the Agreement as resulting from the Amending Protocol.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 21 April 2016.

            For the Council

            The President

         G.A. VAN DER STEUR

      (1)  Opinion of 3 March 2016 (not yet published in the Official Journal).

      (2)  Council Decision (EU) 2015/2469 of 8 December 2015 on the signing, on behalf of the Union, and provisional application of the Amending Protocol to the Agreement between the European Community and the Republic of San Marino providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments (OJ L 346, 31.12.2015, p. 1).

      (3)  OJ L 381, 28.12.2004, p. 33.

      (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)  The text of the Amending Protocol has been published in OJ L 346, 31.12.2015, p. 3, together with the decision on signature and provisional application.


title: Council Decision of 3 October 1974 on the conclusion of the Agreement between the European Economic Community and the Democratic Republic of Somalia on the supply of flour of common wheat and husked rice as food aid

text:
17 . 6 . 75                      Official Journal of the European Communities                      No L 155/ 21
                                             COUNCIL DECISION
                                               of 3 October 1974
            on the conclusion of the Agreement between the European Economic Commu
            nity and the Democratic Republic of Somalia on the supply of flour of common
                                      wheat and husked rice as food aid
                                                   (75/347/EEC)
            THE COUNCIL OF THE EUROPEAN COMMUNITIES,
            Having regard to the Treaty establishing the European Economic Community, and in
            particular Articles 113, 114 and 228 thereof ;
            Having regard to the recommendation from the Commission ;
            Whereas the European Economic Community has concluded the 1971 Food Aid Conven
            tion ;
            Whereas the Democratic Republic of Somalia, by letter of 3 December 1973, has
            requested food aid ;
            Whereas in view of the cereal situation in the Democratic Republic of Somalia that
            country should be accorded, by way of gift, 2 500 metric tons of common wheat in the
            form of 1 655 metric tons of flour of common wheat and 2 500 metric tons of husked
            rice, under the Community food-aid programme for 1973/74,
            HAS DECIDED AS FOLLOWS :
                                                     Article 1
            The Agreement between the European Economic Community and the Democratic Repu
            blic of Somalia on the supply of flour of common wheat and husked rice as food aid, the
            text whereof is annexed hereto, is hereby concluded on behalf of the European Economic
            Community.
                                                     Article 2
            The President of the Council is hereby authorized to designate the persons empowered to
            sign the Agreement, and to confer on them the powers necessary to bind the Community.
            Done at Luxembourg, 3 October 1974.
                                                                       For the Council
                                                                        The President
                                                                          P. ABELIN


title: Council Decision of 9 July 2013 appointing the President of the Boards of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs)

text:
               11.7.2013

               EN

               Official Journal of the European Union

               C 199/2

         COUNCIL DECISION
   of 9 July 2013
   appointing the President of the Boards of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs)
   2013/C 199/03
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (1), and in particular Article 136 thereof,
   Having regard to the candidatures presented by the Administrative Board of the Office for Harmonization in the Internal Market (Trade Marks and Designs) on 31 May 2013,
   HAS ADOPTED THIS DECISION:
   Article 1
   Mr Théophilos MARGELLOS, born in Athens on 21 November 1953, is hereby appointed President of the Boards of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) for a term of five years.
   Article 2
   The date on which the five-year term referred to in Article 1 shall commence shall be determined by the Administrative Board of the Office for Harmonization in the Internal Market (Trade Marks and Designs).
   Article 3
   This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 9 July 2013.

            For the Council

            The President

         R. ŠADŽIUS

      (1)  OJ L 78, 24.3.2009, p. 1.


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E1996C0523(03)

Authorization of State aid pursuant to Article 61 of the EEA Agreement and Article 1 (3) of Protocol 3 to the Surveillance and Court Agreement EFTA Surveillance Authority decision not to raise objections

Official Journal C 149 , 23/05/1996 P. 0010 - 0010

Authorization of State aid pursuant to Article 61 of the EEA Agreement and Article 1 (3) of Protocol 3 to the Surveillance and Court Agreement EFTA Surveillance Authority decision not to raise objections (96/C 149/07)>TABLE>


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31984D0404

84/404/EEC: Commission Decision of 25 July 1984 accepting undertakings given in connection with the anti-dumping proceeding concerning imports of copper sulphate originating in Yugoslavia and terminating the proceeding

Official Journal L 215 , 11/08/1984 P. 0016 - 0018

*****COMMISSION  DECISION  of 25 July 1984  accepting undertakings given in connection with the anti-dumping proceeding concerning imports of copper sulphate originating in Yugoslavia and terminating the proceeding  (84/404/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 3017/79 of 20 December 1979 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), as amended by Regulation (EEC) No 1580/82 (2), and in particular Article 10 thereof,  After consultation within the Advisory Committee as provided for by the said Regulation,  Whereas:  A. Procedure  (1) In March 1983 the Council imposed a definitive anti-dumping duty (3) on imports of copper sulphate originating in Yugoslavia, and following extension of the procedure a definitive duty (4) was imposed in October 1983 on imports of copper sulphate from Czechoslovakia and the USSR and an undertaking (5) offered by one Czech exporter was accepted. In September 1983 the Commission received a request from the authorities of a Member State, Italy, requesting the re-opening of the proceeding and alleging that imports of copper sulphate from Yugoslavia were again being dumped and thereby causing renewed injury to the Community industry. Accordingly the Commission announced, by a notice published in the Official Journal of the European Communities (6), the re-opening of the anti-dumping proceeding concerning imports into the Community of copper sulphate originating in Yugoslavia, and falling within subheading ex 28.38 A II of the Common Customs Tariff, corresponding to NIMEXE code 28.38-27, and commenced an investigation.  (2) The Commission officially so advised the exporters and importers known to be concerned, the respresentatives of the exporting country and the complainants and gave the parties directly concerned the opportunity to make known their views in writing and to request a hearing.  The majority of the known producers, one exporter and some importers made their views known in writing.  No submissions were made by Community purchasers or processors of copper sulphate.  (3) The Commission sought and verified all information it deemed to be necessary and carried out investigations at the premises of the following EEC producer: Manica SpA, Rovereto, Italy.  The Commission requested and received detailed written submissions from Community producers and verified the information therein to the extent considered necessary. One exporter, Zorka-Sabac, submitted its views in writing but did not supply the requested information and evidence on volumes, prices and costs and thus the Commission was obliged in accordance with Article 7 (7) (b) of Regulation (EEC) No 3017/79 to use the facts available to it in order to establish normal value and make the appropriate comparison with export prices. The investigation covered the period from the imposition of the definitive duty (March 1983) until November 1983.  B. Normal value  (4) The Commission, during the previous investigation, established that the exporters' sales in the domestic Yugoslav market were made at a loss and accordingly based normal value on a constructed value calculated by taking the exporters' costs of materials and manufacture, including overheads, and adding a reasonable margin for profit. In view of the non-cooperation of the Yugoslav exporters in the present case the Commission, in establishing a normal value on the same basis, has taken account of the best evidence available to it, being that submitted by the Italian authorities and by the Community industry. This evidence showed a significant increase, since the previous investigation, in the cost of raw materials required for the production of copper sulphate and in particular the cost of copper, which accounts for 75 % of the production costs.  In addition, account was taken of increased costs for labour, other materials and overheads on the basis of the published statistics on the Yugoslav economy. A normal value for the reference period was established by updating the figures relating to the constructed normal value for the previous investigation to cover the present reference period.  C. Export price  (5) Export prices were determined on the basis of the prices actually paid or payable for the products sold for export to the Community.  D. Comparison  (6) In order that an appropriate comparison could be made the Commission estimated, on the basis of the information available to it, the costs incurred in transporting the product from the factory to the Community frontier. These costs were deducted from the export prices and the comparisons were accordingly made at an ex-works level.  E. Margins  (7) The above comparison shows the existence of dumping in respect of the exporter which made itself known to the Commission, the margin of dumping being equal to the amount by which the normal value as established exceeds the price for export to the Community i.e. 61 %.  For those exporters who neither replied to the Commission's questionnaire nor made themselves known otherwise in the course of the investigation, dumping was determined on the same basis, and accordingly it was considered appropriate to use the same dumping margin for this group of exporters.  F. Injury  (8) With regard to the injury caused by the dumped imports, the evidence available to the Commission shows that imports into the Community (Italy and Greece) of copper sulphate from Yugoslavia remained at a similar level in 1983 (6 070 tonnes) to that in 1982 (6 110 tonnes). Thus Yugoslav imports maintained their market share in the Community (about 14 %) despite the imposition of a provisional anti-dumping duty of 15,4 % in November 1982 and a definitive anti-dumping duty of 19,5 % in March 1983. The resale prices of these imports undercut the prices of the Community producers during the present reference period by up to 30 %. These resale prices were lower than those required to cover the costs of Community producers and provide a reasonable profit and in some instances were lower even than the cost to the Community producers of the raw material required to produce their copper sulphate.  (9) The Community industry in respect of which the impact of the dumped imports must be assessed is particularly that situated in Italy, whose traditional markets have been Italy and Greece. Since the imposition, at the end of 1982, of the anti-dumping measures on imports of Yugoslav copper sulphate, the Italian producer has increased sales mainly in the Italian market, which accounts for 84 % of its sales in the Community. This increase, however, merely reflects the increase in consumption in this market between 1982 and 1983 and, despite the improvement, capacity utilization levels have remained low (50 % in 1983) leading to high unit costs which, combined with the price depression caused by the dumped imports, have led to continued losses on sales of copper sulphate in the Community.  (10) In addition, the effect of the dumped Yugoslav imports on the remaining Community producers has also been significant as regards their sales in Italy and potential sales in Greece. In the rest of the Community Yugoslav prices have had a depressive effect both directly on those of the Community producers and indirectly where the Italian producer has been forced to attempt to sell increasing quantities of the product concerned in areas other than its traditional markets where it can no longer compete with the dumped imports.  (11) The Commission has considered whether injury has been caused by other factors such as the volume and prices of imports from other sources or the reduction in consumption in the Community. It has, however, been established that the major source of imports in the Italian and Greek markets has been Yugoslavia. Elesewhere in the Community the major sources have been the USSR and Czechoslovakia, and anti-dumping measures were imposed in 1983 with regard to these imports. Accordingly, the continued high volume of Yugoslav imports and the prices at which they are offered for sale in the Community led the Commission to determine that the effects of the dumped imports of copper sulphate originating in Yugoslavia taken in isolation, have to be considered as constituting material injury to the Community industry concerned.  G. Community interest  (12) In view of the particularly serious difficulties facing the Community industry concerned, the Commission has come to the conclusion that it is in the Community's interests that action be taken in order to eliminate the injury being caused to this industry.  H. Undertakings  (13) The Yugoslav authorities, having been informed of the results of the investigation, requested that the matter be discussed in the Cooperation Council as provided for by the Cooperation Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia (1).  The two exporters concerned, Zorka-Sabac and Zupa, subsequent to discussions within the Cooperation Council, offered undertakings concerning their exports of copper sulphate to the Community.  The effect of the said undertakings will be to increase import prices to the Community to the level which the Commission, having taken into account, on the one hand, the selling price necessary to provide an adequate return to Community producers and, on the other hand, the purchase price of the Community importers and their costs and profit margin considered necessary to eliminate injury. These increases in no case exceed the dumping margins found in the investigation.  In these circumstances, the undertakings offered are considered acceptable and the proceedings may, therefore, be terminated without the continued imposition of anti-dumping duties.  No objection to this course was raised in the Advisory Committee.  HAS DECIDED AS FOLLOWS:  Article 1  The undertakings given by Hemijska Industrija 'Zorka-Sabac', Sabac, Yugoslavia and Zupa, Krusevac, Yugoslavia in connection tiwht the anti-dumping proceeding concerning copper sulphate originating in Yugoslavia and falling within Common Customs Tariff subheading ex 28.38 A II, corresponding to NIMEXE code 28.38-27 are hereby accepted.  Article 2  The anti-dumping proceeding referred to in Article 1 is hereby terminated.  Done at Brussels, 25 July 1984.  For the Commission  Wilhelm HAFERKAMP  Vice-President  (1) OJ No L 339, 31. 12. 1979, p. 1.  (2) OJ No L 178, 22. 6. 1982, p. 9.  (3) OJ No L 55, 2. 3. 1983, p. 4.  (4) OJ No L 274, 7. 10. 1983, p. 1.  (5) OJ No L 281, 13. 10. 1983, p. 22.  (6) OJ No C 301, 8. 11. 1983, p. 2.  (1) OJ No L 41, 14. 2. 1983, p. 1.


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31989D0431

89/431/EEC: Council Decision of 3 May 1989 on the conclusion of the Third Additional Protocol to the Agreement between the European Economic Community and the Republic of Austria consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community

Official Journal L 206 , 18/07/1989 P. 0001 - 0001

COUNCIL DECISION of 3 May 1989 on the conclusion of the Third Additional Protocol to the Agreement between the European Economic Community and the Republic of Austria consequent on the accession of the Kingdom of Spain and the Portuguese Republic  to the Community (89/431/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 a total suspension by the Republic of Austria of duties on imports from Spain would facilitate trade between the two countries;  Whereas the Additional Protocol to the Agreement between the European Economic Community and the Republic of Austria (1) consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community, signed in Brussels on 22 July 1972  does not make provision for the Republic of Austria to suspend customs duties on goods imported from Spain;  Whereas it is therefore necessary to approve a Third Additional Protocol to the abovementioned Agreement in order to provide for the total suspension of duties on products covered by that Agreement imported into Austria from Spain,  HAS DECIDED AS FOLLOWS:    Article 1 The Third Additional Protocol to the Agreement between the European Economic Community and the Republic of Austria consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community 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 3 of the Protocol (2).  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 May 1989.  For the Council The President P. SOLBES   (1) OJ No L 300, 31. 12. 1971, p. 2. (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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31999D1217(01)

Council Decision of 2 December 1999 adjusting the remuneration and allowances applicable to Europol employees

Official Journal C 364 , 17/12/1999 P. 0001 - 0002

COUNCIL DECISIONof 2 December 1999adjusting the remuneration and allowances applicable to Europol employees(1999/C 364/01)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Council Act of 3 December 1998 laying down the Staff Regulations applicable to Europol employees(1), and in particular Article 44 thereof,Having regard to the opinion of the European Parliament(2),Having regard to the review of remuneration of officials of Europol by the Management Board of Europol,Whereas:(1) In the aforementioned review the Management Board took account of the changes in the cost of living in The Hague, as well as of the changes in salaries in the public service in the Member States and the needs of recruitment to Europol;(2) The said review justifies an increase of 8,5 % of remuneration for the period between the date when the initial remuneration was established and 1 July 1999;(3) It is for the Council, acting unanimously, to adjust the remuneration and allowances of Europol employees on the basis of the review;(4) The present adjustment does not preclude further adjustments applicable from the date when Europol takes up its activities, should the costs of living in The Hague justify such adjustments,HAS DECIDED AS FOLLOWS:Article 1With effect from 1 July 1999, the Council Act of 3 December 1998 shall be amended as follows:(a)>TABLE>(b) in Article 59(3) the amount "NLG 1650" shall be replaced by: "NLG 1790,25";(c) in Article 59(3) the amount "NLG 3300" shall be replaced by: "NLG 3580,50";(d) in Article 60(1) the amount "NLG 440" shall be replaced by: "NLG 477,40";(e) in Appendix 5, Article 2(1), the amount "NLG 460" shall be replaced by: "NLG 499,10";(f) in Appendix 5, Article 3(1), the amount "NLG 20000" shall be replaced by: "NLG 21700";(g) in Appendix 5, Article 3(1), the amount "NLG 4500" shall be replaced by: "NLG 4882,50";(h) in Appendix 5, Article 3(2), the amount "NLG 27000" shall be replaced by: "NLG 29295";(i) in Appendix 5, Article 4(1), the amount "NLG 2000" shall be replaced by: "NLG 2170";(j) in Appendix 5, Article 4(1), the amount "NLG 1500" shall be replaced by: "NLG 1627,50";(k) in Appendix 5, Article 4(1), the amount "NLG 1000" shall be replaced by: "NLG 1085";(l) in Appendix 5, Article 4(1), the amount "NLG 800" shall be replaced by: "NLG 868";(m) in Appendix 5, Article 5, the amount "NLG 3000" shall be replaced by: "NLG 3255";(n) in Appendix 5, Article 5, the amount "NLG 4000" shall be replaced by: "NLG 4340";(o) in Appendix 5, Article 5, the amount "NLG 5000" shall be replaced by: "NLG 5425";(p) in Appendix 5, Article 7(3), the amount "NLG 0,40" shall be replaced by: "NLG 0,43";Article 2This Decision shall be published in the Official Journal of the European Communities.Article 3This Decision shall enter into force the day following its adoption by the Council.Done at Brussels, 2 December 1999.For the CouncilThe PresidentK. HÄKÄMIES(1) OJ C 26, 30.1.1999, p. 23.(2) Opinion delivered on 6 October 1999 (not yet published in the Official Journal).