title: 2006/872/EC: Council Decision of 17 November 2006 on the signature on behalf of the Community of a Protocol to the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and Romania, of the other part, on Conformity Assessment and Acceptance of Industrial Products (PECA)

text:
               5.12.2006

               EN

               Official Journal of the European Union

               L 337/33

         COUNCIL DECISION
   of 17 November 2006
   on the signature on behalf of the Community of a Protocol to the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and Romania, of the other part, on Conformity Assessment and Acceptance of Industrial Products (PECA)
   (2006/872/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 first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and Romania of the other part (1), entered into force on 1 February 1995.

               (2)

               Article 75 of the Europe Agreement provides that cooperation in the fields of standardisation and conformity assessment procedures shall seek to achieve the conclusion of agreements on mutual recognition.

               (3)

               The Protocol to the Europe Agreement on Conformity Assessment and Acceptance of Industrial Products has been negotiated by the Commission on behalf of the Community.

               (4)

               Subject to its possible conclusion at a later date, the Protocol to the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and Romania, of the other part, on Conformity Assessment and Acceptance of Industrial Products (PECA) initialled in Brussels on 18 April 2006 should be signed,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The President of the Council is hereby authorised to designate the person empowered to sign, on behalf of the Community, the Protocol to the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and Romania, of the other part, on Conformity Assessment and Acceptance of Industrial Products (PECA).
   The text of the Protocol is attached to this Decision.

      Done at Luxembourg, 17 November 2006.

            For the Council

            The President

         E. TUOMIOJA

      (1)  OJ L 357, 31.12.1994, p. 2.
    ---documentbreak---

               5.12.2006

               EN

               Official Journal of the European Union

               L 337/34

         PROTOCOL
   to the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and Romania, of the other part, on Conformity Assessment and Acceptance of Industrial Products (PECA)
   THE EUROPEAN COMMUNITY AND ROMANIA,
   hereinafter referred to as ‘the Parties’,
   WHEREAS Romania has applied for membership of the European Union and such membership implies the effective implementation of the acquis of the European Community,
   RECOGNISING that the progressive adoption and implementation of Community law by Romania provides the opportunity to extend certain benefits of the internal market and to ensure its effective operation in certain sectors before accession,
   CONSIDERING that, in the sectors covered by this Protocol, Romanian national law substantially takes over Community law,
   CONSIDERING their shared commitment to the principles of free movement of goods and to promoting product quality, so as to ensure the health and safety of their citizens and the protection of the environment, including through technical assistance and other forms of cooperation between them,
   DESIRING to conclude a Protocol to the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and Romania of the other part, (hereafter referred to as ‘the Europe Agreement’) on Conformity Assessment and Acceptance of Industrial Products (hereafter referred to as ‘this Protocol’) providing for the application of the mutual acceptance of industrial products which fulfil the requirements for being lawfully placed on the market in one of the Parties and of the mutual recognition of the results of conformity assessment of industrial products which are subject to Community or national law, noting that Article 75 of the Europe Agreement provides, where appropriate, for the conclusion of an agreement on mutual recognition,
   NOTING the close relationship between the European Community and Iceland, Liechtenstein and Norway through the Agreement on the European Economic Area, which makes it appropriate to consider the conclusion of a parallel European Conformity Assessment Agreement between Romania and these countries equivalent to this Protocol,
   BEARING IN MIND the Parties' status as Contracting Parties to the Agreement establishing the World Trade Organisation, and conscious in particular of their obligations under the World Trade Organisation Agreement on Technical Barriers to Trade,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Purpose
   The purpose of this Protocol is to facilitate the elimination by the Parties of technical barriers to trade in respect of industrial products. The means to this end is the progressive adoption and implementation by Romania of national law, which is equivalent to Community law.
   This Protocol provides for:

               (a)

               the mutual acceptance of industrial products, listed in the Annexes on mutual acceptance of industrial products, which fulfil the requirements for being lawfully placed on the market in one of the Parties;

               (b)

               the mutual recognition of the results of conformity assessment of industrial products subject to Community law and to the equivalent Romanian national law, both listed in the Annexes on mutual recognition of results of conformity assessment.

         Article 2
   Definitions
   For the purpose of this Protocol,

               (a)

               ‘industrial products’ means products as specified in Article 9 of the Europe Agreement and in Protocol 2 thereto;

               (b)

               ‘Community law’ means any legal act and implementing practice of the European Community applicable to a particular situation, risk or category of industrial products, as interpreted by the Court of Justice of the European Communities;

               (c)

               ‘national law’ means any legal act and implementing practice by which Romania takes over Community law applicable to a particular situation, risk or category of industrial products.

         The terms used in this Protocol shall have the meaning given in Community law and Romanian national law.
   Article 3
   Alignment of legislation
   For the purpose of this Protocol, Romania agrees to take appropriate measures, in consultation with the Commission of the European Communities, to maintain or complete the take-over of Community law, in particular in the fields of standardisation, metrology, accreditation, conformity assessment, market surveillance, general safety of products, and producer liability.
   Article 4
   Mutual acceptance of industrial products
   The Parties agree that, for the purpose of mutual acceptance, industrial products listed in the Annexes on mutual acceptance of industrial products, which fulfil the requirements for being lawfully placed on the market of a Party, may be placed on the market of the other Party, without further restriction. This shall be without prejudice to Article 36 of the Europe Agreement.
   Article 5
   Mutual recognition of the results of conformity assessment procedures
   The Parties agree to recognise the results of conformity assessment procedures carried out in accordance with the Community or national law listed in the Annexes on mutual recognition of the results of conformity assessment. The Parties shall not require procedures to be repeated, nor shall they impose additional requirements, for the purposes of accepting that conformity.
   Article 6
   Safeguard clause
   Where a Party finds that an industrial product placed on the market on its territory by virtue of this Protocol, and used in accordance with its intended use, may compromise the safety or health of users or other persons, or any other legitimate concern protected by legislation identified in the Annexes, it may take appropriate measures to withdraw such a product from the market, to prohibit its placing on the market, putting into service or use, or to restrict its free movement. The Annexes shall provide for the procedure to be applied in such cases.
   Article 7
   Extension of coverage
   As Romania adopts and implements further national law taking over Community law, the Parties may amend the Annexes or conclude new ones, in accordance with the procedure laid down in Article 14.
   Article 8
   Origin
   The provisions of this Protocol shall apply to industrial products irrespective of their origin.
   Article 9
   Obligations of Parties as regards their authorities and bodies
   The Parties shall ensure that authorities under their jurisdiction which are responsible for the effective implementation of Community and national law shall continuously apply it. Further, they shall ensure that these authorities are able, where appropriate, to notify, suspend, remove suspension and withdraw notification of bodies, to ensure the conformity of industrial products with Community or national law or to require their withdrawal from the market.
   The Parties shall ensure that bodies, notified under their respective jurisdiction to assess conformity in relation to requirements of Community or national law specified in the Annexes, continuously comply with the requirements of Community or national law. Further, they shall take all necessary steps to ensure that these bodies maintain the necessary competence to carry out the tasks for which they are notified.
   Article 10
   Notified bodies
   Initially, the bodies notified for the purpose of this Protocol shall be those included in the lists which Romania and the Community have exchanged before the completion of the procedures for entry into force.
   Afterwards, the following procedure shall apply for the notification of bodies to assess conformity in relation to the requirements of Community or national law specified in the Annexes:

               (a)

               a Party shall forward its notification to the other Party in writing;

               (b)

               on the acknowledgement of the other Party, given in writing, the body shall be considered as notified and as competent to assess conformity in relation to the said requirements specified in the Annexes from that date.

         If a Party decides to withdraw the notification of a body under its jurisdiction, it shall inform the other Party in writing. The body will cease to assess conformity in relation to the said requirements specified in the Annexes from the date of its withdrawal at the latest. Nevertheless, conformity assessment carried out before that date shall remain valid, unless otherwise decided by the Association Council.
   Article 11
   Verification of notified bodies
   Each Party may request the other Party to verify the technical competence and compliance of a notified body under its jurisdiction. Such request shall be justified in order to allow the Party responsible for the notification to carry out the requested verification and report speedily to the other Party. The Parties may also jointly examine the body, with the participation of the relevant authorities. To this end, the Parties shall ensure the full cooperation of bodies under their jurisdiction. The Parties shall take all appropriate steps, and use whatever available means may be necessary, with a view to resolving any problems which are detected.
   If the problems cannot be resolved to the satisfaction of both Parties, they may notify the Chairman of the Association Council of their disagreement, giving their reasons. The Association Council may decide on appropriate action.
   Unless and until decided otherwise by the Association Council, the notification of the body and the recognition of its competence to assess conformity in relation to the requirements of Community or national law specified in the Annexes shall be suspended in part or totally from the date on which the disagreement of the Parties has been notified to the Chairman of the Association Council.
   Article 12
   Exchange of information and cooperation
   In order to ensure a correct and uniform application and interpretation of this Protocol, the Parties, their authorities and their notified bodies shall:

               (a)

               exchange all relevant information concerning implementation of law and practice including, in particular, on the procedure to ensure compliance of notified bodies;

               (b)

               take part, as appropriate, in the relevant mechanisms of information, coordination and other related activities of the Parties;

               (c)

               encourage their bodies to cooperate with a view to establishing mutual recognition arrangements in the voluntary sphere.

         Article 13
   Confidentiality
   Representatives, experts and other agents of the Parties shall be required, even after their duties have ceased, not to disclose information acquired under this Protocol which is of the kind covered by the obligation of professional secrecy. This information may not be used for purposes other than those envisaged by this Protocol.
   Article 14
   Management of the Protocol
   Responsibility for the effective functioning of this Protocol shall be borne by the Association Council in accordance with Article 106 of the Europe Agreement. In particular, it shall have the power to take decisions regarding:

               (a)

               amending the Annexes;

               (b)

               adding new Annexes;

               (c)

               appointing a joint team or teams of experts to verify the technical competence of a notified body and its compliance with the requirements;

               (d)

               exchanging information on proposed and actual amendments to the Community and national law referred to in the Annexes;

               (e)

               considering new or additional conformity assessment procedures affecting a sector covered by an Annex;

               (f)

               resolving any questions relating to the application of this Protocol.

         The Association Council may delegate the above responsibilities set out under this Protocol, in accordance with Article 110(2) of the Europe Agreement.
   Article 15
   Technical cooperation and assistance
   The European Community may provide technical cooperation and assistance to Romania where necessary in order to support the effective implementation and application of this Protocol.
   Article 16
   Agreements with other countries
   Agreements on conformity assessment concluded by either Party with a country which is not a Party to this Protocol shall not entail an obligation upon the other Party to accept the results of conformity assessment procedures carried out in that third country, unless there is an explicit agreement between the Parties in the Association Council.
   Article 17
   Entry into force
   This Protocol shall enter into force on the first day of the second month following the date on which the Parties have exchanged diplomatic notes confirming the completion of their respective procedures for entry into force of this Protocol.
   Article 18
   Status of the Protocol
   This Protocol shall constitute an integral part of the Europe Agreement.
   This Protocol is drawn up in two originals in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovene, Spanish, Swedish and Romanian languages, each text being equally authentic.

      Hecho en Bucarest, el veintisiete de octubre de dos mil seis.
      V Bukurešti dne dvacátého sedmého října dva tisíce šest.
      Udfærdiget i Bukarest, den syvogtyvende oktober totusind og seks.
      Geschehen zu Bukarest am siebenundzwanzigsten Oktober zweitausendsechs.
      Koostatud kahe tuhande kuuenda aasta oktoobrikuu kahekümne seitsmendal päeval Bukarestis.
      Έγινε στο Βουκουρέστι, στις είκοσι επτά Οκτωβρίου του δύο χιλιάδες έξι.
      Done at Bucharest on the twenty-seventh day of October in the year two thousand and six.
      Fait à Bucarest, le vingt-sept octobre de l’an deux mille six.
      Fatto a Bucarest, addì ventisette ottobre duemilasei.
      Bukarestē, divi tūkstoši sestā gada divdesmit septītajā oktobrī
      Priimta du tūkstančiai šeštų metų spalio dvidešimt septintą dieną Bukarešte
      Kelt Bukarestben, a kétezerhatodik év október havának huszonhetedik napján.
      Magħmul f'Bukarest fis-sebgħa u għoxrin jum ta' Ottubru fis-sena elfejn u sitta.
      Gedaan te Boekarest, de zevenentwintigste oktober tweeduizend zes.
      Sporządzono w Bukareszcie, dnia dwudziestego siódmego października dwa tysiące szóstego roku.
      Feito em Bucareste, aos vinte e sete dias do mês de Outubro do ano de dois mil e seis.
      V Bukurešti dňa dvadsiateho siedmeho októbra dvetisícšesť.
      V Bukarešti, sedemindvajsetega oktobra leta dva tisoč šest
      Tehty Bukarestissa kahdentenakymmenentenäseitsemäntenä päivänä lokakuuta vuonna kaksituhattakuusi.
      Utfärdat i Bukarest den tjugosjunde oktober år tjugohundrasex.
      Întocmit la București în a douăzeci și șaptea zi a lunii octombrie anul două mii șase.

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

         Por Rumanía
         Za Rumunsko
         For Rumænien
         Für Rumänien
         Rumeenia nimel
         Για τη Ρουμανία
         For Romania
         Pour la Roumanie
         Per la Romania
         Rumānijas vārdā
         Rumunijos vardu
         Románia részéről
         Għar-Rumanija
         Voor Roemenië
         W imieniu Rumunii
         Pela Roménia
         Za Rumunsko
         Za Romunijo
         Romanian puolesta
         För Rumänien
         Pentru România

   ANNEX

      ANNEX
      on mutual acceptance of industrial products

         (for the record)

      ANNEX
      on mutual recognition of results of conformity assessment
      Table of contents

                  1.

               Pressure equipment
            PRESSURE EQUIPMENT
      SECTION I
      COMMUNITY AND NATIONAL LAW

                  Community law

                  :

                  Directive 97/23/EC of the European Parliament and of the Council of 29 May 1997 on the approximation of the laws of the Member States concerning pressure equipment.

                  National law

                  :

                  Government Decision No 584/2004 establishing the conditions for placing on the market of pressure equipment, as subsequently amended.

            SECTION II
      NOTIFYING AUTHORITIES
      European Community

                  Belgium

                  :

                  Ministère des Affaires Economiques/Ministerie van Economische Zaken.

                  Czech Republic

                  :

                  Úřad pro technickou normalizaci, metrologii a státní zkušebnictví.

                  Germany

                  :

                  Bundesministerium für Arbeit und Sozialordnung.

                  Estonia

                  :

                  Majandus- ja Kommunikatsiooniministeerium.

                  Greece

                  :

                  Υπουργείο Ανάπτυξης. Γενική Γραμματεία Βιομηχανίας (Ministry of Development. General Secretariat of Industry).

                  Spain

                  :

                  Ministerio de Industria, Turismo y Comercio.

                  France

                  :

                  Ministère de l’emploi et de la solidarité, Direction des relations du travail, Bureau CT 5.

                  Ireland

                  :

                  Department of Enterprise and Employment.

                  Italy

                  :

                  Ministero dell’Industria, del commercio e dell'artigianato.

                  Latvia

                  :

                  Ekonomikas ministrija.

                  Hungary

                  :

                  Gazdasági és Közlekedési Minisztérium.

                  Malta

                  :

                  Under the authority of the Government of Malta: Consumer and Industrial Goods Directorate of the Malta Standards Authority.

                  Austria

                  :

                  Bundesministerium für Wirtschaft und Arbeit.

                  Poland

                  :

                  Ministerstwo Gospodarki, Pracy i Polityki Społecznej.

                  Slovenia

                  :

                  Ministrstvo za gospodarstvo.

                  Slovakia

                  :

                  Úrad pre normalizáciu, metrológiu a skúšobníctvo Slovenskej republiky.

                  Finland

                  :

                  Kauppa- ja teollisuusministeriö/Handels- och industriministeriet.

                  Sweden

                  :

                  Under the authority of the Government of Sweden: Styrelsen för ackreditering och teknisk kontrol (SWEDAC).

                  United Kingdom

                  :

                  Department of Trade and Industry.

                  Romania

                  :

                  Ministerul Economiei si Comertului — Ministry of Economy and Commerce.

            SECTION III
      NOTIFIED BODIES
      European Community
      Bodies which have been notified by the Member States of the European Community in accordance with the Community law of Section I and notified to Romania in accordance with Article 10 of this Protocol.
      Romania
      Bodies which have been designated by Romania in accordance with the Romanian national law of Section I and notified to the European Community in accordance with Article 10 of this Protocol.
      SECTION IV
      SPECIFIC ARRANGEMENTS
      Safeguard clauses
      A.   Safeguard clause relating to industrial products:

                  1.

                  Where a Party has taken a measure to deny free access to its market: for industrial products subject to this Annex bearing the CE marking;
                  or,
                  for industrial products subject to this Annex which are referred to in Article 3(3) or Article 14 of Directive 97/23/EC corresponding to Articles 10 and Article 17 respectively of Government Decision No 584/2004, but for which CE marking is not required;
                  it shall immediately inform the other Party, indicating the reasons for its decision and how non compliance has been assessed.

                  2.

                  The Parties shall consider the matter and the evidence brought to their knowledge, and shall report to each other the results of their investigations.

                  3.

                  In the case of agreement, the Parties shall take appropriate measures to ensure that such products are not placed on the market.

                  4.

                  In the case of disagreement on the outcome of such investigations the matter shall be forwarded to the Association Council which may decide to have an expertise carried out.

                  5.

                  Where the Association Council finds that the measure is:

                              (a)

                              unjustified, the national authority of the Party which has taken the measure shall withdraw it;

                              (b)

                              justified, the Parties shall take appropriate measures to ensure that such products are not placed on the market.

            B.   Safeguard clause relating to harmonised standards:

                  1.

                  Where Romania considers that a harmonised standard referred to in the legislation defined in this Annex, does not meet the essential requirements of such legislation, it shall inform the Association Council giving the reasons therefore.

                  2.

                  The Association Council shall consider the matter and may request the Community to proceed in accordance with the procedure provided for in the Community legislation identified in this Annex.

                  3.

                  The Community shall keep the Association Council and the other Party informed of the proceedings.

                  4.

                  The outcome of the procedure shall be notified to the other Party.

   DECLARATION BY THE COMMUNITY ON THE ATTENDANCE OF ROMANIAN REPRESENTATIVES AT COMMITTEE MEETINGS
   In order to ensure a better understanding of the practical aspects of the application of the acquis communautaire, the Community declares that Romania is invited, under the following conditions, to the meetings of the committees established or referred to under the Community law on pressure equipment.
   This participation shall be limited to meetings or parts thereof during which the application of the acquis is discussed; it shall not entail attendance at meetings intended to prepare and issue opinions on implementation or management powers delegated to the Commission by the Council.
   This invitation may be extended, on a case-by-case basis, to groups of experts convened by the Commission.


title: 2008/267/EC: Decision of the European Parliament and of the Council of 11 March 2008 on the mobilisation of the EU Solidarity Fund in application of point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management

text:
               27.3.2008

               EN

               Official Journal of the European Union

               L 85/7

      DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 11 March 2008
   on the mobilisation of the EU Solidarity Fund in application of point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management
   (2008/267/EC)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 26 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 17 May 2006 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 United Kingdom submitted an application to mobilise the Fund, concerning a disaster caused by flooding in June and July 2007,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   For the general budget of the European Union for the financial year 2008, the European Union Solidarity Fund shall be mobilised to provide the sum of EUR 162 387 985 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 11 March 2008.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         J. LENARČIČ

      (1)  OJ C 139, 14.6.2006, p. 1. Agreement as amended by Decision 2008/29/EC of the European Parliament and of the Council (OJ L 6, 10.1.2008, p. 7).

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


Avis juridique important

|

31992D0211

92/211/EEC: Council Decision of 30 March 1992 on the conclusion of an Agreement in the form of an exchange of letters concerning the interim extension for the period from 1 March to 30 April 1992 of the Agreement on relations in the sea-fisheries sector between the European Economic Community and the Kingdom of Morocco and of the Protocol annexed thereto

Official Journal L 091 , 07/04/1992 P. 0027

COUNCIL DECISION  of 30 March 1992  on the conclusion of an Agreement in the form of an exchange of letters concerning the interim extension for the period from 1 March to 30 April 1992 of the Agreement on relations in the sea-fisheries sector  between the European Economic Community and the Kingdom of Morocco and of the Protocol annexed thereto  (92/211/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the Agreement on relations in the sea-fisheries sector between the European Economic Community and the Kingdom of Morocco and to the Protocol annexed thereto (1),  Having regard to the proposal from the Commission,  Whereas the Community and the Kingdom of Morocco have entered into negotiations as provided for in Article 12 (2) of the Agreement to establish the arrangements to be applied after 29 February 1992, the date on which the Agreement and the Protocol  annexed thereto expire;  Whereas the two Parties agreed on 28 February 1992 to extend the said Agreement and the Protocol annexed thereto for an interim period from 1 March to 30 April 1992 pending the result of the said negotiations,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement in the form of an exchange of letters concerning the interim extension for the period from 1 March to 30 April 1992 of the Agreement on relations in the sea-fisheries sector between the European Economic Community and the  Kingdom of Morocco and of the Protocol annexed thereto is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2  The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in the form of an exchange of letters in order to bind the Community. Done at Brussels, 30 March 1992. For the Council  The President  Arlindo MARQUES CUNHA   (1) OJ No L 181, 12. 7. 1988, p. 1.


Avis juridique important

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31991D0252

91/252/EEC: Council Decision of 14 May 1991 extending to Czechoslovakia, Bulgaria and Romania, Decision 90/62/EEC granting the Community guarantee to the European Investment Bank against losses under loans for projects in Hungary and Poland

Official Journal L 123 , 18/05/1991 P. 0044 - 0044 Finnish special edition: Chapter 1 Volume 2 P. 0137  Swedish special edition: Chapter 1 Volume 2 P. 0137

COUNCIL DECISION  of 14 May 1991  extending to Czechoslovakia, Bulgaria and Romania Decision 90/62/EEC granting the Community guarantee to the European Investment Bank against losses under loans for projects in Hungary and Poland  (91/252/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Whereas the European Council at its meeting of 28 April 1990 agreed that action within the framework of the G-24 should be extended to the other central and east European countries;  Whereas the Ministers of the G-24 in their meeting on 4 July 1990 welcomed the Commission's action plan, which envisages, among others, loans from the European Investment Bank, hereafter referred to as 'the Bank';  Whereas the arrangements set out in Decision 90/62/EEC (3) for finance by the Bank for projects in Poland and Hungary should be extended to include projects, notably in the field of infrastructure, to be carried out in Czechoslovakia, Bulgaria and  Romania;  Whereas the Council has invited the Bank, and the Bank has agreed, to make available loans for projects in Czechoslovakia, Bulgaria and Romania under the guarantee provided in this Decision;  Whereas Decision 90/62/EEC should therefore be amended,  HAS DECIDED AS FOLLOWS:  Sole Article  Decision 90/62/EEC is hereby amended as follows:  1. All references to 'Hungary and Poland' shall henceforth be to 'Hungary, Poland, Czechoslovakia, Bulgaria and Romania'.  2. All references to 'the two countries' shall henceforth be to 'the five countries'. Done at Brussels, 14 May 1991. For the Council  The President  J. F. POOS  (1) OJ No C 242, 27. 9. 1990, p. 15. (2) OJ No C 72, 18. 3. 1991. (3) OJ No L 42, 16. 2. 1990, p. 68.    COUNCIL DECISION  of 14 May 1991  extending to Czechoslovakia, Bulgaria and Romania Decision 90/62/EEC granting the Community guarantee to the European Investment Bank against losses under loans for projects in Hungary and Poland  (91/252/EEC)   THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Whereas the European Council at its meeting of 28 April 1990 agreed that action within the framework of the G-24 should be extended to the other central and east European countries;  Whereas the Ministers of the G-24 in their meeting on 4 July 1990 welcomed the Commission's action plan, which envisages, among others, loans from the European Investment Bank, hereafter referred to as 'the Bank';  Whereas the arrangements set out in Decision 90/62/EEC (3) for finance by the Bank for projects in Poland and Hungary should be extended to include projects, notably in the field of infrastructure, to be carried out in Czechoslovakia, Bulgaria and  Romania;  Whereas the Council has invited the Bank, and the Bank has agreed, to make available loans for projects in Czechoslovakia, Bulgaria and Romania under the guarantee provided in this Decision;  Whereas Decision 90/62/EEC should therefore be amended,  HAS DECIDED AS FOLLOWS:  Sole Article  Decision 90/62/EEC is hereby amended as follows:  1. All references to 'Hungary and Poland' shall henceforth be to 'Hungary, Poland, Czechoslovakia, Bulgaria and Romania'.  2. All references to 'the two countries' shall henceforth be to 'the five countries'. Done at Brussels, 14 May 1991. For the Council  The President  J. F. POOS  (1) OJ No C 242, 27. 9. 1990, p. 15. (2) OJ No C 72, 18. 3. 1991. (3) OJ No L 42, 16. 2. 1990, p. 68.


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31984D0219

84/219/EEC: Council Decision of 10 April 1984 giving a discharge to the Commission in respect of the implementation of the operations of the European Development Fund (1963) (Second EDF) for the financial year 1982

Official Journal L 104 , 17/04/1984 P. 0020 - 0021

*****COUNCIL  DECISION  of 10 April 1984  giving a discharge to the Commission in respect of the implementation of the operations of the European Development Fund (1963) (Second EDF) for the financial year 1982  (84/219/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the Convention of Association between the European Economic Community and the African States and Madagascar associated with the Community (1), signed at Yaoundé on 20 July 1963,  Having regard to Council Decision 64/349/EEC of 25 February 1964 relating to the association of the overseas countries and territories with the European Economic Community (2),  Having regard to the Internal Agreement on the financing and administration of Community aid (3), signed at Yaoundé on 20 July 1963, and in particular Article 17 thereof,  Having regard to the Financial Regulation of the European Development Fund set up under the Internal Agreement of the financing and administration of Community aid (4), and in particular Articles 7 and 8 thereof,  Having regard to the Council Decisions of 30 May 1972 and 30 October 1978 on the transfer and utilization of the unexpended balances of the First and Second EDFs,  Having regard to the revenue and expenditure account and the balance sheet relating to the operations of the European Development Fund (1963) (Second EDF) as at 31 December 1982,  Having regard to the report of the Court of Auditors for the financial year 1982 together with the Commission's replies (5),  Recalling that, in accordance with the provisions applicable to the implementation of the European Development Fund (1963) (Second EDF), only the Council, acting by a qualified majority, shall give a discharge to the Commission in respect of the financial administration of the Fund,  Whereas by Decision 80/1184/EEC (6), the European unit of account was replaced by the ECU to express the amounts of financial assistance under the Second ACP-EEC Convention and the previous conventions;  Whereas revenue for the financial year 1982 consisted mainly of the contributions of the Member States, amounting to 730 million ECU and of miscellaneous revenue of the Fund;  Whereas, pursuant to the abovementioned Council Decision of 30 May 1972, an amount of 11 806 540,11 ECU was transferred as the unexpended balance from the First EDF to the Second EDF;  Whereas, pursuant to the abovementioned Council Decision of 30 October 1978, an amount of 8 790 005,56 ECU was transferred as the unexpended balance of the Second EDF to the Third EDF;  Whereas an advance of 2 876 297,78 ECU was paid to the European Development Fund (1975) (Fourth EDF);  Whereas the overall implementation by the Commission of the operations of the European Development Fund (1963) (Second EDF) during the financial year 1982 was such as to warrant its being given a discharge in respect of the implementation of these operations,  HAS DECIDED AS FOLLOWS:  Article 1  The Council shall close the revenue and expenditure accounts of the European Development Fund (1963) (Second EDF) as at 31 December 1982 as follows:  - revenue: at the sum of 733 101 688,59 ECU,  - expenditure (payments): at the sum of 730 225 390,81 ECU.  Article 2  The Council hereby gives a discharge to the Commission in respect of the implementation of the operations of the European Development Fund (1963) (Second EDF) for the financial year 1982.  Done at Luxembourg, 10 April 1984.  For the Council  The President  C. CHEYSSON  (1) OJ No 93, 11. 6. 1964, p. 1431/64.  (2) OJ No 93, 11. 6. 1964, p. 1472/64.  (3) OJ No 93, 11. 6. 1964, p. 1493/64.  (4) OJ No 93, 11. 6. 1964, p. 1498/64.  (5) OJ No C 357, 31. 12. 1983, pp. 131, 159 and 233.  (6) OJ No L 349, 18. 12. 1980, p. 34.


title: Council Decision (CFSP) 2016/596 of 18 April 2016 extending the mandate of the European Union Special Representative for central Asia

text:
               19.4.2016

               EN

               Official Journal of the European Union

               L 103/24

         COUNCIL DECISION (CFSP) 2016/596
   of 18 April 2016
   extending the mandate of the European Union Special Representative for central Asia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 33 and Article 31(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 15 April 2015, the Council adopted Decision (CFSP) 2015/598 (1) appointing Mr Peter BURIAN as the European Union Special Representative (EUSR) for central Asia. The EUSR's mandate is to expire on 30 April 2016.

               (2)

               The mandate of the EUSR should be extended for a further period of 10 months.

               (3)

               The EUSR will implement the mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   European Union Special Representative
   The mandate of Mr Peter BURIAN as the EUSR for central Asia is extended until 28 February 2017. The Council may decide that the mandate of the EUSR be terminated earlier, based on an assessment by the Political and Security Committee (PSC) and a proposal from the High Representative of the Union for Foreign Affairs and Security Policy (HR).
   Article 2
   Policy objectives
   The mandate of the EUSR shall be based on the Union's policy objectives in central Asia. These objectives include:

               (a)

               promoting good and close relations between the Union and the countries of central Asia on the basis of common values and interests as set out in relevant agreements;

               (b)

               contributing to strengthening the stability and cooperation between the countries in the region;

               (c)

               contributing to strengthening democracy, the rule of law, good governance and respect for human rights and fundamental freedoms in central Asia;

               (d)

               addressing key threats, especially specific problems with direct implications for the Union;

               (e)

               enhancing the Union's effectiveness and visibility in the region, including through closer coordination with other relevant partners and international organisations, such as the Organisation for Security and Cooperation in Europe (OSCE) and the United Nations (UN).

         Article 3
   Mandate
   1.   In order to achieve the policy objectives, the mandate of the EUSR shall be to:

               (a)

               promote overall Union political coordination in central Asia and help to ensure consistency of the external actions of the Union in the region;

               (b)

               monitor, on behalf of the HR, together with the European External Action Service (EEAS) and the Commission, the implementation process of the Union strategy for a new partnership with central Asia, complemented by relevant Council conclusions and subsequent progress reports on the implementation of the Union strategy for central Asia, make recommendations and report to relevant Council bodies on a regular basis;

               (c)

               assist the Council in further developing a comprehensive policy towards central Asia;

               (d)

               follow closely political developments in central Asia by developing and maintaining close contacts with governments, parliaments, the judiciary, civil society and mass media;

               (e)

               encourage Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan to cooperate on regional issues of common interest;

               (f)

               develop appropriate contacts and cooperation with the main interested actors in the region, and all relevant regional and international organisations;

               (g)

               contribute to the implementation of the Union's human rights policy in the region in cooperation with the EUSR for Human Rights, including the Union guidelines on human rights, in particular the Union guidelines on children and armed conflict as well as on violence against women and girls and combating all forms of discrimination against them, and Union policy regarding UN Security Council Resolution 1325 (2000) on Women, Peace and Security, including by monitoring and reporting on developments as well as formulating recommendations in this regard;

               (h)

               contribute, in close cooperation with the UN and the OSCE, to conflict prevention and resolution by developing contacts with the authorities and other local actors such as non-governmental organisations, political parties, minorities, religious groups and their leaders;

               (i)

               provide input to the formulation of energy security, border security, countering serious crime, including narcotics and trafficking in human beings, as well as water resource management, environment and climate change aspects of the common foreign and security policy with respect to central Asia;

               (j)

               promote regional security within central Asian borders in the context of the reduction of the international presence in Afghanistan.

         2.   The EUSR shall support the work of the HR and maintain an overview of all activities of the Union in the region.
   Article 4
   Implementation of the mandate
   1.   The EUSR shall be responsible for the implementation of the mandate, acting under the authority of the HR.
   2.   The PSC shall maintain a privileged link with the EUSR and shall be the EUSR's primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the HR.
   3.   The EUSR shall work in close coordination with the EEAS and its relevant departments.
   Article 5
   Financing
   1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR for the period from 1 May 2016 to 28 February 2017 shall be EUR 800 000.
   2.   The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
   3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.
   Article 6
   Constitution and composition of the team
   1.   Within the limits of the EUSR's mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting a team. The team shall include the expertise on specific policy issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly informed of the composition of the team.
   2.   Member States, institutions of the Union and the EEAS may propose the secondment of staff to work with the EUSR. The salary of such seconded personnel shall be covered by the Member State, the institution of the Union concerned or the EEAS, respectively. Experts seconded by Member States to the institutions of the Union or the EEAS may also be posted to the EUSR. International contracted staff shall have the nationality of a Member State.
   3.   All seconded personnel shall remain under the administrative authority of the sending Member State, the sending institution of the Union or the EEAS and shall carry out their duties and act in the interest of the mandate of the EUSR.
   4.   The EUSR staff shall be co-located with the relevant EEAS department in order to ensure coherence and consistency of their respective activities.
   Article 7
   Privileges and immunities of the EUSR and the EUSR's staff
   The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the EUSR's mission and the members of the EUSR's staff shall be agreed with the host countries, as appropriate. Member States and the EEAS shall grant all necessary support to such effect.
   Article 8
   Security of EU classified information
   The EUSR and the members of the EUSR's team shall respect the security principles and minimum standards established by Council Decision 2013/488/EU (2).
   Article 9
   Access to information and logistical support
   1.   Member States, the Commission, the EEAS and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
   2.   The Union delegations in the region and/or the Member States, as appropriate, shall provide logistical support in the region.
   Article 10
   Security
   In accordance with the Union's policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in accordance with the EUSR's mandate and the security situation in the area of responsibility, for the security of all personnel under the EUSR's direct authority, in particular by:

               (a)

               establishing a specific security plan based on guidance from the EEAS, including for specific physical, organisational and procedural security measures governing the management of the secure movement of personnel to, and within, the area of responsibility as well as the management of security incidents, and including a contingency plan and evacuation plan;

               (b)

               ensuring that all personnel deployed outside the Union are covered by high-risk insurance, as required by the conditions in the area of responsibility;

               (c)

               ensuring that all agreed recommendations made following regular security assessments are implemented, and providing the Council, the HR and the Commission with written reports on their implementation and on other security issues within the framework of the progress report and the report on the implementation of the mandate.

         Article 11
   Reporting
   The EUSR shall regularly provide the HR and the PSC with oral and written reports. The EUSR shall also report to Council working parties, as necessary. Regular reports shall be circulated through the COREU network. The EUSR may provide the Foreign Affairs Council with reports. In accordance with Article 36 of the Treaty, the EUSR may be involved in briefing the European Parliament.
   Article 12
   Coordination
   1.   The EUSR shall contribute to the unity, consistency and effectiveness of the Union's action and shall help ensure that all Union instruments and Member States' actions are engaged consistently, to attain the Union's policy objectives. The activities of the EUSR shall be coordinated with the relevant geographic department of the EEAS, as well as with the Commission, and those of the EUSR for Afghanistan. The EUSR shall provide regular briefings to Member States' missions and the Union's delegations.
   2.   In the field, close liaison shall be maintained with the Member States' Heads of Mission and the Heads of Union delegations. They shall make every effort to assist the EUSR in the implementation of the mandate. The EUSR shall also liaise with other international and regional actors in the field.
   Article 13
   Review
   The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the Council, the HR and the Commission with a progress report by the end of August 2016 and a comprehensive mandate implementation report by the end of November 2016.
   Article 14
   Entry into force
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 18 April 2016.

            For the Council

            The President

         F. MOGHERINI

      (1)  Council Decision (CFSP) 2015/598 of 15 April 2015 appointing the European Union Special Representative for Central Asia (OJ L 99, 16.4.2015, p. 25).

      (2)  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).


Avis juridique important

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31980D0391

80/391/EEC: Council Decision of 17 March 1980 accepting on behalf of the Community an Annex to the International Convention on the simplification and harmonization of customs procedures

Official Journal L 100 , 17/04/1980 P. 0027 - 0031 Finnish special edition: Chapter 2 Volume 2 P. 0162  Swedish special edition: Chapter 2 Volume 2 P. 0162  Greek special edition: Chapter 11 Volume 19 P. 0231  Spanish special edition: Chapter 02 Volume 6 P. 0214  Portuguese special edition Chapter 02 Volume 6 P. 0214

COUNCIL DECISION  of 17 March 1980  accepting on behalf of the Community an Annex to the International Convention on the simplification and harmonization of customs procedures  (80/391/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the recommendation from the Commission,  Whereas, in accordance with Decision 75/199/EEC (1), the Community is a party to the International Convention on the simplification and harmonization of customs procedures;  Whereas the Annex to the said Convention concerning reimportation in the same state can be accepted by the Community;  Whereas it is nevertheless advisable to make such acceptance subject to certain reservations in order to take account of the special requirements of the customs union,  HAS DECIDED AS FOLLOWS:    Article 1 Annex B.3 concerning reimportation in the same state to the International Convention on the simplification and harmonization of customs procedures is hereby accepted on behalf of the Community, with reservations on standard 2 and the recommended practices 8, 11, 12 and 24.  The text of the said Annex is annexed to this Decision.   Article 2 The President of the Council shall designate the person entitled to notify the Secretary-General of the Customs Cooperation Council of the acceptance by the Community, subject to the reservations referred to in Article 1, of the Annex concerning reimportation in the same state.     Done at Brussels, 17 March 1980.  For the Council  The President  J. SANTER  (1)OJ No L 100, 21.4.1975, p. 1.     ANNEX B.3  ANNEX CONCERNING REIMPORTATION IN THE SAME STATE INTRODUCTION  Goods are often reimported into the country whence they were exported in the same state as they were before exportation. In many cases, this reimportation was foreseeable at the time of exportation, in which case the goods may have been exported with notification of intended return. However, in certain cases, goods are reimported owing to circumstances which arise after their exportation.  The national legislation of most States includes provisions enabling such reimported goods to enter free of import duties and taxes and provides for the repayment of any export duties and taxes paid on exportation. The customs procedure which provides for such duty-free importation and repayment is that of reimportation in the same state. This procedure is granted subject to the condition that the identity of the goods can be established. Any sums chargeable as a result of repayment or remission of or conditional relief from duties and taxes or of any subsidies or other amounts granted at exportation, must be paid.  This Annex does not apply to the reimportation of travellers' personal effects or of means of transport for private use.  DEFINITIONS  For the purposes of this Annex:    (a) the term "reimportation in the same state" means the customs procedure under which goods which were exported and were in free circulation or were compensating products may be taken into home use free of import daties and taxes, provided that they have not undergone any manufacturing, processing or repairs abroad. Any sums chargeable as a result of repayment or remission of or conditional relief from duties and taxes or of any subsidies or other amounts granted at exportation, must be paid;       (b) the term "clearance for home use" means the customs procedure which provides that imported goods may remain permanently in the customs territory. This procedure implies the payment of any import duties and taxes chargeable and the accomplishment of all the necessary customs formalities;       (c) the term "import duties and taxes" means the customs duties and all other duties, taxes, fees or other charges which are collected on or in connection with the importation of goods, but not including fees and charges which are limited in amount to the approximate cost of services rendered;       (d) the term "export duties and taxes" means customs duties and all other duties, taxes, fees or other charges which are collected on or in connection with the exportation of goods, but not including fees and charges which are limited in amount to the approximate cost of services rendered;       (e) the term "goods exported with notification of intended return" means goods specified by the declarant as intended for reimportation, in respect of which identification measures may be taken by the customs to facilitate reimportation in the same state;  Note:  Goods exported with notification of intended return may be regarded as placed under a customs procedure described as "temporary exportation";       (f) the term "goods in free circulation" means goods which may be disposed of without customs restriction;       (g) the term "compensating products" means the products obtained during or as a result of the manufacturing, processing or repair of the goods temporarily admitted for inward processing;       (h) the term "goods declaration" means a statement made in the form prescribed by the customs, by which the persons interested indicate the customs procedure to be applied to the goods and furnish the particulars which the customs require to be declared for the application of that procedure;       (ij) the term "person" means both natural and legal persons, unless the context otherwise requires.  PRINCIPLES      1. Standard  Reimportation in the same state shall be governed by the provisions of this Annex.           2. Standard  National legislation shall specify the conditions to be fulfilled and the customs formalities to be accomplished for reimportation in the same state.  Note:  Reimportation in the same state is subject to identification of the goods as the exported goods to the satisfaction of the customs authorities.   GENERAL PROVISIONS           3. Standard  Reimportation in the same state shall be allowed even if only a part of the exported goods is reimported.           4. Recommended practice  When circumstances so justify, reimportation in the same state should be allowed even if the goods are reimported by a person other than the person who exported them.           5. Standard  Reimportation in the same state shall not be refused on the grounds that the goods have been used or damaged, or have deteriorated during their stay abroad.           6. Standard  Reimportation in the same state shall not be refused on the grounds that, during their stay abroad, the goods have undergone operations necessary for their preservation or maintenance provided, however, that their value at the time of exportation has not been enhanced by such operations.           7. Standard  Reimportation in the same state shall not be limited to goods imported directly from abroad but shall also be authorized for goods which are under another customs procedure.           8. Recommended practice  Economic prohibitions and restrictions on importation should not be applied to goods reimported in the same state which were in free circulation when exported.           9. Recommended practice  Reimportation in the same state should not be refused on the grounds of the country whence the goods were consigned.           10. Standard  Reimportation in the same state shall not be refused on the grounds that the goods were exported without notification of intended return.  TIME LIMIT FOR REIMPORTATION IN THE SAME STATE           11. Recommended practice  Where time limits are fixed in national legislation beyond which reimportation in the same state will not be granted, such limits should be of sufficient duration to take account of the differing circumstances pertaining to each type of case in which reimportation in the same state may be granted and should not be less than one year.  REPAYMENT OF EXPORT DUTIES AND TAXES           12. Recommended practice  Any export duties and taxes paid should be repaid as soon as possible after the goods have been reimported in the same state.  COMPETENT CUSTOMS OFFICES           13. Standard  Customs offices at which goods may be declared for home use shall also be competent to grant reimportation in the same state.           14. Standard  Provision shall be made to permit goods reimported in the same state to be declared at a customs office other than that through which they were exported.  GOODS DECLARATION           15. Recommended practice  Goods declaration forms used for reimportation in the same state should be harmonized with those used for clearance for home use.  Notes:        1. In some countries the goods declaration for exportation with notification of intended return may also be used for reimportation in the same state.               2. Where goods have been exported under cover of an ATA carnet in accordance with the Customs Convention on the ATA carnet for the temporary admission of goods, done at Brussels on 6 December 1961, reimportation in the same state takes place under cover of that carnet.                          16. Recommended practice  No written goods declaration should be required for the reimportation in the same state of packings, containers, pallets and commercial road vehicles which are in use for the international transport of goods, subject to the satisfaction of the customs authorities that they were in free circulation at the time of exportation.  DOCUMENTATION TO BE PRESENTED IN SUPPORT OF THE DECLARATION FOR REIMPORTATION IN THE SAME STATE           17. Standard  In support of the declaration for reimportation in the same state the customs authorities shall require the production of only such documents as are considered necessary to ensure that the conditions laid down for the application of the procedure are fulfilled.   Note:  The customs authorities may require production of the export declaration, other export documents, invoices, contracts, etc. relating to the exported goods, and correspondence exchanged in respect of the return of the goods.           18. Recommended practice  Where goods to be reimported in the same state were exported with notification of intended return, the customs authorities should normally not require in support of the declaration of reimportation in the same state any document other than the goods declaration or the identification document issued at exportation.  Notes:        1. In certain countries the declaration for exportation with notification of intended return is the only document required for reimportation in the same state.               2. The identity of the goods may be established by the customs authorities on the basis of the identification measures taken on exportation.   GOODS EXPORTED WITH NOTIFICATION OF INTENDED RETURN  (a) Goods to be exported with notification of intended return           19. Recommended practice  The customs authorities should, at the request of the declarant, allow goods to be exported with notification of intended return, and should take any necessary steps to facilitate reimportation in the same state.  (b) Customs offices competent for exportation with notification of intended return           20. Standard  Customs offices at which goods may be exported outright shall also be competent to authorize exportation with notification of intended return.  (c) Goods declaration for exportation with notification of intended return           21. Recommended practice  The goods declaration forms used for exporting goods with notification of intended return should be harmonized with those used for outright exportation.  Note:  Exportation with notification of intended return may also be authorized under cover of an ATA carnet in lieu of a national customs document.  (d) Documentation to be presented in support of the declaration for exportation with notification of intended return           22. Standard  In support of the declaration for exportation with notification of intended return the customs authorities shall require only those documents considered necessary by them to permit control of the operation and to ensure compliance with all requirements relating to the application of relevant restrictions or other regulations.  (e) Identification of goods exported with notification of intended return           23. Standard  When determining the nature of the identification measures to be taken with respect to goods exported with notification of intended return, the customs authorities shall take account in particular of the nature of the goods and the revenue interests involved.  Note:  For the identification of goods to be exported with notification of intended return, the customs authorities may affix customs marks (seals, stamps, perforations, etc.), or rely on marks, numbers or other indications permanently affixed to the goods or on the description of the goods, scale plans or photographs, or take samples.  (f) Facilities granted to goods exported with notification of intended return           24. Recommended practice  Goods exported with notification of intended return should be granted conditional relief from any export duties and taxes applicable.  Note:  The declarant may be required to provide security for recovery of the sums that would be chargeable if the goods were not reimported within any time limit specified.           25. Standard  At the request of the person concerned, the customs authorities shall allow exportation with notification of intended return to be converted to definitive exportation, subject to compliance with the relevant conditions and formalities.  Notes:        1. Any export duties and taxes not paid become chargeable.               2. Normally, any repayment of or exemption from duties and taxes which could not be obtained because the goods were exported with notification of intended return is allowed.                           26. Recommended practice  Where the same goods are to be exported with notification of intended return and reimported in the same state several times, the customs authorities should, at the request of the declarant, allow the declaration for exportation with notification of intended return lodged on the first exportation to cover the subsequent reimportations and exportations of the goods during a specified period.  Note:  The subsequent reimportations and exportations may be recorded on the goods declaration by the customs authorities, by stamping or by appropriate endorsement.   INFORMATION CONCERNING REIMPORTATION IN THE SAME STATE           27. Standard  The customs authorities shall ensure that all relevant information regarding reimportation in the same state is readily available to any person interested.


title: 2014/619/EU: Decision of the European Parliament of 3 April 2014 on discharge in respect of the implementation of the budget of the European GNSS Agency for the financial year 2012

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/307

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on discharge in respect of the implementation of the budget of the European GNSS Agency for the financial year 2012
   (2014/619/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European GNSS Agency for the financial year 2012,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European GNSS Agency for the financial year 2012, together with the Agency’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 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 (EU) No 912/2010 of the European Parliament and of the Council of 22 September 2010 setting up the European GNSS Agency (4), and in particular Article 14 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 (A7-0223/2014),

               1.

               Grants the Executive Director of the European GNSS Agency 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 GNSS Agency, 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. 261.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 276, 20.10.2010, p. 11.

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

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


Avis juridique important

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31984D0407

84/407/EEC: Commission Decision of 10 August 1984 accepting undertakings given in connection with the anti-dumping proceeding concerning imports of certain kraft liner paper and board originating in Spain and terminating that proceeding

Official Journal L 224 , 21/08/1984 P. 0030 - 0031

*****COMMISSION  DECISION  of 10 August 1984  accepting undertakings given in connection with the anti-dumping proceeding concerning imports of certain kraft liner paper and board originating in Spain and terminating that proceeding  (84/407/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 10 thereof,  After consultation within the Advisory Committee as provided for under the above Regulation,  Whereas:  A. Procedure  (1) On 21 August 1982 the Commission announced (2) that it had commenced a review of the anti-dumping proceeding concerning imports of kraft liner paper and board originating in Austria, Canada, Finland, Portugal, the USSR, Sweden and the United States of America.  (2) On 10 March 1983 the Council imposed a definitive anti-dumping duty on kraft liner paper and board originating in the United States of America and accepted undertakings concerning exports from Austria, Canada, Finland, Portugal, the USSR and Sweden (3).  (3) In December 1983 the Commission received a supplementary complaint lodged by the Groupement européen des fabricants de papiers pour ondulé on behalf of the Community producer of kraft liner paper and board, whose output constitutes all Community production of the product in question. The complaint contained evidence of dumping and of material injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding. The Commission accordingly announced, by a notice published in the Official Journal of the European Communities (4), the initiation of an anti-dumping proceeding concerning imports into the Community of certain kraft liner paper and board originating in Spain and falling within subheading ex 48.01 C II of the Common Customs Tariff, corresponding to NIMEXE codes 48.01-30, 32 and ex 34.  (4) The Commission officially so advised the exporters and importers known to be concerned and the representatives of the exporting country and the complainants and gave the parties directly concerned the opportunity to make known their views in writing and to request a hearing.  (5) All of the known producers and exporters and some importers made their views known in writing. The two Spanish exporters requested and have been granted a hearing.  (6) Submissions were made on behalf of Community processors of kraft liner paper and board.  (7) The Commission sought and verified all information it deemed to be necessary for the purposes of a preliminary determination and carried out investigations at the premises of the following:  - La Cellulose du Pin SA, Bordeaux, France,  - Industrias del Papel y de la Celulosa SA, Barcelona, Spain,  - Celulosas del Nervion SA, Durango, Spain.  (8) The investigation of dumping covered the calendar year 1983.  B. Normal value  (9) The normal value was determined on the basis of the weighted average ex-works selling price on the Spanish domestic market. The investigation showed that these domestic prices covered all production costs.  C. Export price  (10) Export prices were determined on the basis of the prices actually paid or payable for kraft liner paper and board sold for export to the Community.  D. Comparison  (11) In comparing normal value with export prices the Commission took account, where appropriate, of differences affecting price comparability; this was the case for conditions and terms of sale where such differences could be satisfactorily demonstrated. These differences concerned in particular  credit terms, transport, insurance, handling, loading and duties. All comparisons were made at ex-works level.  E. Margins  (12) The above preliminary examination of the facts shows the existence of dumping in respect of Industrias del Papel y de la Celulosa SA, Barcelona, and Celulosas del Nervion SA, Durango, the margin of dumping being equal to the amount by which the normal value as established exceeds the price for export to the Community.  (13) These margins vary according to the exporter, the importing Member State and the grammage of the kraft liner concerned, the weighted average margin for each exporter being as follows:  1.2 // - Industrias del Papel y de la Celulosa SA:  // 10,0 %  // - Celulosas del Nervion SA:  // 8,2 %  F. Injury  (14) The Community industry in respect of which the dumped imports must be assessed is the sole producer of kraft liner paper and board in the Community namely La Cellulose du Pin SA.  (15) With regard to the injury caused by the dumped imports, the evidence available to the Commission shows that imports into the Community from Spain of kraft liner paper and board increased from 33 165 tonnes in 1981 to 36 740 tonnes in 1983. The market share increased from 1,4 to 1,7 % in the same period. The market share held by all dumped imports, i.e. those originating in Austria, Canada, Finland, Portugal, Spain, Sweden, the USA and the USSR, consequently amounted to 73 %. The weighted average resale prices of these imports undercut the prices of the Community producer during the investigation period by up to 16 %.  (16) Although the situation of the sole Community producer had improved as a result of the action taken by the Council at the beginning of 1983, this producer was nevertheless faced with price disruption on the Community market caused by the price undercutting of Spanish imports, which were jeopardizing the overall minimum price system established by the Council.  G. Community interest  (17) Community processing industries have argued that the extension of the protective measures to include Spain would not be in the Community's interest because it would make them less competitive. The Commission has come to the conclusion that it is in the Community's interest that action be taken in order to prevent the overall minimum price system established by the Council from being jeopardized by low-priced Spanish imports.  H. Undertakings  (18) The exporters concerned were informed of the main findings of the preliminary investigation and commented on them. Undertakings were subsequently offered by Industrias del Papel y de la Celulosa SA and Celulosa del Nervion SA concerning their exports of kraft liner paper and board to the Community.  The effect of these undertakings will be to increase export prices to the Community to the level which the Commission, having taken into account, on the one hand, the selling prices 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 proceeding may, therefore, be terminated without imposition of anti-dumping duties.  (19) No objection to this course was raised in the Advisory Committee,  HAS DECIDED AS FOLLOWS:  Article 1  The undertakings given by Industrias del Papel y de la Celulosa SA and Celulosas del Nervion SA in connection with the anti-dumping proceeding concerning imports of certain kraft liner paper and board originating in Spain and falling within subheading ex 48.01 C II of the Common Customs Tariff, corresponding to NIMEXE codes 48.01-30, 32 and ex 34, are hereby accepted.  Article 2  The anti-dumping proceeding referred to in Article 1 is hereby terminated.  Done at Brussels, 10 August 1984.  For the Commission  Étienne DAVIGNON  Vice-President  (1) OJ No L 201, 30. 7. 1984, p. 1.  (2) OJ No C 217, 21. 8. 1982, p. 2.  (3) OJ No L 64, 10. 3. 1983, p. 25.  (4) OJ No C 21, 28. 1. 1984, p. 2.


title: 2008/469/EC: Decision of the European Parliament and of the Council of 5 June 2008 on the mobilisation of the EU Solidarity Fund in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management

text:
               21.6.2008

               EN

               Official Journal of the European Union

               L 162/30

      DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 5 June 2008
   on the mobilisation of the EU Solidarity Fund in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management
   (2008/469/EC)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 26 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 17 May 2006 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)

               Greece submitted an application to mobilise the Fund, concerning a disaster caused by forest fires in August 2007.

               (5)

               Slovenia submitted an application to mobilise the Fund, concerning a disaster caused by flooding in September 2007,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   For the general budget of the European Union for the financial year 2008, the European Union Solidarity Fund shall be mobilised to provide the sum of EUR 98 023 212 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 5 June 2008.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         J. LENARČIČ

      (1)  OJ C 139, 14.6.2006, p. 1. Agreement as last amended by Decision 2008/371/EC of the European Parliament and of the Council (OJ L 128, 16.5.2008, p. 8).

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


Avis juridique important

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31980D1313

80/1313/EEC, Euratom, ECSC: Council Decision of 22 December 1980 on the adjustments to the Treaties made necessary by the increase in the number of Judges

Official Journal L 380 , 31/12/1980 P. 0006 - 0006 Finnish special edition: Chapter 1 Volume 2 P. 0010  Greek special edition: Chapter 01 Volume 3 P. 0065  Swedish special edition: Chapter 1 Volume 2 P. 0010  Spanish special edition: Chapter 01 Volume 3 P. 0067  Portuguese special edition Chapter 01 Volume 3 P. 0067

COUNCIL DECISION  of 22 December 1980  on the adjustments to the Treaties made necessary by the increase in the number of Judges  (80/1313/EEC, Euratom, ECSC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty concerning the accession of the Hellenic Republic to the European Economic Community and to the European Atomic Energy Community signed on 28 May 1979 and to the Council Decision of 24 May 1979 on the accession of the Hellenic Republic to the European Coal and Steel Community, and in particular Article 16 of the Act attached thereto,  Whereas the first paragraph of Article 32 of the Treaty establishing the European Coal and Steel Community, the first paragraph of Article 165 of the Treaty establishing the European Economic Community and the first paragraph of Article 137 of the Treaty establishing the European Atomic Energy Community should be amended in order to increase by one the number of Judges constituting the Court of Justice;  Whereas the second paragraph of Article 32b of the Treaty establishing the European Coal and Steel Community, the second paragraph of Article 167 of the Treaty establishing the European Economic Community and the second paragraph of Article 139 of the Treaty establishing the European Atomic Energy Community should be amended so that the partial replacement on each occasion concerns five Judges,  HAS DECIDED AS FOLLOWS:    Article 1 In Article 32 of the Treaty establishing the European Coal and Steel Community, Article 165 of the Treaty establishing the European Economic Community and Article 137 of the Treaty establishing the European Atomic Energy Community, the first paragraph shall be replaced by the following:  "The Court of Justice shall consist of 10 Judges."   Article 2 In Article 32b of the Treaty establishing the European Coal and Steel Community, Article 167 of the Treaty establishing the European Economic Community and Article 139 of the Treaty establishing the European Atomic Energy Community, the second paragraph shall be replaced by the following:  "Every three years there shall be a partial replacement of the Judges. Five Judges shall be replaced on each occasion."     Done at Brussels, 22 December 1980.  For the Council  The President  J. SANTER


title: 2010/398/Euratom: Commission Decision of 15 July 2010 on the conclusion of a Memorandum of Understanding between the European Commission and the International Atomic Energy Agency concerning the EURDEP (EUropean Radiological Data Exchange Platform)

text:
               16.7.2010

               EN

               Official Journal of the European Union

               L 182/15

         COMMISSION DECISION
   of 15 July 2010
   on the conclusion of a Memorandum of Understanding between the European Commission and the International Atomic Energy Agency concerning the EURDEP (EUropean Radiological Data Exchange Platform)
   (2010/398/Euratom)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 199, thereof,
   Whereas:

               (1)

               Under the Treaty establishing the European Atomic Energy Community Article 35 Member States are obliged to establish facilities to carry out continuous monitoring of the radioactivity in the environment on their territory, and the Commission has the right of access to such facilities.

               (2)

               The European Commission has, in this context, developed a common data format called EURDEP (EUropean Radiological Data Exchange Platform) as well as an appropriate Internet based network in order to facilitate continuous and seamless exchange of data provided by the national automatic dose rate monitoring networks and the environment radiation surveillance programmes, that have been in use in the European Atomic Energy Community for several years and are now considered mature enough for expansion.

               (3)

               The European Commission and the International Atomic Energy Agency (IAEA) have expressed a mutual determination to significantly reinforce the quality and intensity of their cooperation in a Joint Statement signed in 2008.

               (4)

               Radiation protection, including making worldwide real time radiation monitoring data available, has been identified as one of the specific priority areas of cooperation.

               (5)

               Using the proven technology developed by the European Commission for EURDEP is an excellent way to facilitate automatic exchange of data, and represents an important contribution to the global development of environmental radioactivity monitoring.

               (6)

               Making EURDEP technology available to the IAEA is in the European Atomic Energy Community’s interest, since through the IAEA contribution the European network participants will have access to the environmental radioactivity monitoring data from all over the world.

               (7)

               In this context, the present Memorandum of Understanding has been developed, in the context of the relations between Euratom and the IAEA, to cover the technical aspects of the cooperation between the IAEA and Euratom on EURDEP.

               (8)

               No financial implications or legal obligations are incurred on the basis of the present Memorandum of Understanding,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Memorandum of Understanding in annex between the European Commission and the International Atomic Energy Agency concerning the EURDEP (EUropean Radiological Data Exchange Platform) is approved.
   Article 2
   The Commissioner for Energy Günther Oettinger signs the Memorandum of Understanding between the European Commission and the International Atomic Energy Agency concerning the EURDEP (EUropean Radiological Data Exchange Platform) on behalf of the Commission.

      Done at Brussels, 15 July 2010.

            For the Commission

         Günther OETTINGER

            Member of the Commission

      ANNEX

         Memorandum of Understanding between the European Commission and the International Atomic Energy Agency concerning the EURDEP (European Radiological Data Exchange Platform)
         The European Commission, hereinafter referred to as ‘the Commission’, and the International Atomic Energy Agency, hereinafter referred to as ‘the IAEA’ (jointly hereinafter referred to as ‘the Sides’),

            HAVE AGREED AS FOLLOWS:

         Article 1
         Purpose of this Memorandum of Understanding
         1.   Under this Memorandum of Understanding, the Commission and the IAEA agree to cooperate in the area of global real time radiation data exchange for verification and other emergency purposes.
         2.   The Sides also agree that they will act in close cooperation and consult each other in regard to matters of common interest whenever this may be appropriate in the light of their respective mandates.
         Article 2
         Institutional arrangements
         1.   The Commission and the IAEA will establish the appropriate channels of communication to facilitate their cooperation.
         2.   The Commission and the IAEA will each appoint a focal point to be responsible for the coordination of activities as laid out in Article 3 below of this Memorandum of Understanding.
         3.   The IAEA will become a member of the ECURIE-EURDEP Working Group and participate in planning further EURDEP activities and in approving any updates or changes, including any necessary data-format changes, to the EURDEP related software.
         4.   The IAEA will participate and co-assist the Commission in the organisation of future EURDEP workshops.
         Article 3
         Specific areas of cooperation
         The Sides, subject to their respective Financial Regulations and Rules, policies and procedures and subject to the availability of funds, agree to cooperate in specific areas including but not limited to the following:

                     (a)

                     without prejudice to its intellectual property rights therein, the Commission will share the software, including any updates or changes thereto, developed for collecting and presenting real time radiation levels within the European area (the European Radiological Data Exchange Platform (EURDEP, http://eurdep.jrc.it)) with the IAEA;

                     (b)

                     the Commission and the IAEA will seek to ensure that all radiation data is freely available in the same manner to all national data providers;

                     (c)

                     the IAEA will coordinate support to and promote the exchange of real time radiological monitoring data with all of its Member States that do not already have an agreement with the Commission, with a view to establishing a joint Commission-IAEA global system under a different name based on the EURDEP technology;

                     (d)

                     mirrors of the EURDEP website will be implemented and operated by the Commission and the IAEA. The IAEA will promote regional mirror data sites and will make the software and technology available only to organisations mirroring the data;

                     (e)

                     the Commission and the IAEA will coordinate to ensure that there are no inconsistencies jeopardising the global exchange of radiation monitoring data.

               Article 4
         Financial arrangements
         Nothing in this Memorandum of Understanding shall give rise to a financial obligation upon either Side. Where measures taken to implement this Memorandum of Understanding may give rise to any financial or legal obligations, the Sides should conclude a separate agreement, subject to both Sides’ Financial Regulations and Rules, prior to such measures being undertaken.
         Article 5
         Personnel
         Any personnel employed by the Sides shall remain subject to the regulations and rules of their respective institutions in all matters of employment, medical and life insurance and employee rights and benefits. Nothing contained in this Memorandum of Understanding shall be deemed to constitute or create any employer/employee relationship between the IAEA and the Commission.
         Article 6
         Dissemination of information
         The Commission and the IAEA will support the widest possible dissemination of unclassified information provided or exchanged under this Memorandum of Understanding, subject to the need to protect proprietary information. The Commission and the IAEA will ensure the confidentiality of information classified by the other Party as restricted or confidential.
         Article 7
         Intellectual property
         The Commission and the IAEA will cooperate to ensure that the intellectual property and rights thereto, including, without limitation, all copyrights and patents, in and to any material or invention produced by either Party, their employees and subcontractors arising from the cooperation between the Commission and the IAEA in the implementation of this Memorandum of Understanding can be used to further the IAEA statutory function of fostering the exchange of information among its Member States.
         Article 8
         Use of name, emblem or official seal
         1.   The IAEA will not use the name, emblem or official seal of the Commission for any purpose other than as expressly authorised in writing by the Commission.
         2.   The Commission will not use the name, emblem or official seal of the IAEA for any purposes other than as expressly authorised in writing by the IAEA.
         Article 9
         Privileges and immunities
         Nothing in or related to this Memorandum of Understanding shall be deemed to constitute any waiver, express or implied, of the immunities, privileges, exemptions and facilities enjoyed by the Commission or the IAEA under international law, international conventions or agreements, including the Agreement on the Privileges and Immunities of the IAEA, or the domestic legislation and laws of their respective Member States.
         Article 10
         Disputes
         Any dispute between the Sides arising out of or relating to the interpretation or implementation of this Memorandum of Understanding will be amicably settled among the Sides.
         Article 11
         Commencement and end of cooperation and status
         1.   Cooperation under this Memorandum of Understanding will start with the signature by the Sides for a duration of 3 calendar years, which will be renewed unless notice to the contrary is given by either Side. Where signature takes place on two different dates, the cooperation starts on the date of the second signature.
         2.   The provisions of this Memorandum of Understanding may be modified by written agreement between the Sides.
         3.   This cooperation under this Memorandum of Understanding may be terminated by either Side giving 60 days’ written notice to the other Side. Where notice of termination is given, the Sides take immediate steps to bring all joint activities to a close in a prompt and orderly manner.
         4.   Nothing in this Memorandum of Understanding is intended to give rise to a legal obligation upon either Side.


Avis juridique important

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E1994C0032

EFTA SURVEILLANCE AUTHORITY DECISION No 32/94/COL of 29 April 1994 establishing the status of EFTA States or regions with regard to Newcastle disease

Official Journal L 138 , 02/06/1994 P. 0048 - 0049

EFTA SURVEILLANCE AUTHORITY DECISION No 32/94/COL of 29 April 1994 establishing the status of EFTA States or regions with regard to Newcastle disease THE EFTA SURVEILLANCE AUTHORITY,Having regard to the Agreement on the European Economic Area, as adjusted by the Protocol Adjusting the Agreement on the European Economic Area, in particular Article 17 and Protocol 1 (4) (d) thereof,Having regard to the Act referred to in point 4 of Chapter I of Annex I to the Agreement on the European Economic Area on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (Council Directive 90/539/EEC; hereinafter referred to as the Poultry Act), and in particular Article 12 (2) thereof,Having regard to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, as adjusted by the Protocol Adjusting the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, and in particular Article 5 (2) (d) and Protocol 1, Article 1 (e) thereof,Whereas Finland, as stated in a letter dated 28 December 1993, and Sweden, as stated in a letter dated 14 December 1993, consider themselves to fulfil the requirements in Article 12 (2) of the Poultry Act;Whereas in Finland and Sweden no outbreaks of Newcastle disease have been detected and vaccination against Newcastle disease has been prohibited for more than a year;Whereas in Finland and Sweden breeding flocks have been monitored at least once a year for the presence of Newcastle disease;Whereas in Finland and Sweden the holdings contain no poultry which have been vaccinated against Newcastle disease,HAS ADOPTED THIS DECISION:1. EFTA States or regions thereof, listed in the Annex, fulfil the requirements laid down in Article 12 (2) of the Act referred to in point 4 of Chapter I of Annex I to the Agreement on the European Economic Area on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (Council Directive 90/539/EEC).2. This Decision shall enter into force on 1 July 1994.3. This Decision is addressed to the EFTA States.4. This Decision shall be authentic in the English language.Done at Brussels, 29 April 1994.For the EFTA Surveillance AuthorityPekka SÄILÄCollege MemberANNEX Regions which fulfil the requirements in Article 12 (2) of the Poultry Act Finland: all regionsSweden: all regions