title: 2006/253/EC: Commission Decision of  6 September 2005  on the adequate protection of personal data contained in the Passenger Name Record of air passengers transferred to the Canada Border Services Agency  (notified under document number C(2005) 3248)   (Text with EEA relevance)

text:
               29.3.2006

               EN

               Official Journal of the European Union

               L 91/49

      COMMISSION DECISION

   of 6 September 2005
   on the adequate protection of personal data contained in the Passenger Name Record of air passengers transferred to the Canada Border Services Agency
   (notified under document number C(2005) 3248)
   (Text with EEA relevance)
   (2006/253/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (1), and in particular Article 25(6) thereof,
   Whereas:

               (1)

               Pursuant to Directive 95/46/EC, Member States are required to provide that the transfer of personal data to a third country may take place only if the third country in question ensures an adequate level of protection and if the Member States’ laws implementing other provisions of the Directive are complied with prior to the transfer.

               (2)

               The Commission may find that a third country ensures an adequate level of protection. In that case, personal data may be transferred from the Member States without additional guarantees being necessary.

               (3)

               Pursuant to Directive 95/46/EC the level of data protection should be assessed in the light of all the circumstances surrounding a data transfer operation or a set of data transfer operations, particular consideration being given to a number of elements relevant for the transfer and listed in Article 25(2) thereof.

               (4)

               In the framework of air transport, the ‘Passenger Name Record’ (PNR) is a record of each passenger’s travel requirements which contains all information necessary to enable reservations to be processed and controlled by the booking and participating airlines (2). For the purposes of this Decision, the terms ‘passenger’ and ‘passengers’ include crew members. ‘Booking airline’ means an airline with which the passenger made his original reservations or with which additional reservations were made after commencement of the journey. ‘Participating airlines’ means any airline on which the booking airline has requested space, on one or more of its flights, to be held for a passenger.

               (5)

               The Canada Border Services Agency (the CBSA) requires each carrier operating passenger flights bound for Canada to provide it with electronic access to PNR to the extent that PNR is collected and contained in the air carrier's automated reservation systems and departure control systems.

               (6)

               The requirements for personal data contained in the PNR of air passengers to be transferred to the CBSA, are based on section 107.1 of the Customs Act and paragraph 148(d) of the Immigration and Refugee Protection Act and upon implementing regulations adopted under those statutes (3).

               (7)

               The Canadian legislation in question concerns the enhancement of security and the conditions under which persons may enter the country, matters on which Canada has the sovereign power to decide within its jurisdiction. The requirements laid down are not, moreover, inconsistent with any international commitments which Canada has undertaken. Canada is a democratic country, governed by the rule of law and with a strong civil liberties tradition. The legitimacy of its law-making process and strength and independence of its judiciary are not in question. Press freedom is a further strong guarantee against the abuse of civil liberties.

               (8)

               The Community is fully committed to supporting Canada in the fight against terrorism within the limits imposed by Community law. Community law provides for striking the necessary balances between security concerns and privacy concerns. For example, Article 13 of Directive 95/46/EC provides that Member States may legislate to restrict the scope of certain requirements of that Directive, where it is necessary to do so for reasons of national security, defence, public security and the prevention, investigation, detection and prosecution of criminal offences.

               (9)

               The data transfers concerned involve specific controllers, namely airlines operating flights from the Community to Canada, and only one recipient in Canada, namely the CBSA.

               (10)

               Any arrangement to provide a legal framework for PNR transfers to Canada, in particular through this Decision should be time-limited. A period of three and a half years has been agreed. During this period, the context may change significantly and the Community and Canada agree that a review of the arrangements will be necessary.

               (11)

               The processing by CBSA of personal data contained in the PNR of air passengers transferred to it is governed by conditions set out in the Commitments by the Canadian Border Services Agency in relation to the application of its PNR program (henceforth referred to as the ‘Commitments’) and in Canadian domestic legislation to the extent indicated in the Commitments.

               (12)

               As regards domestic law in Canada, the Privacy Act, the Access to Information Act and Section 107 of the Customs Act are relevant in the present context in so far as they control the conditions under which the CBSA may resist requests for disclosure and thus keep PNR confidential. The Privacy Act governs the disclosure of PNR to the person whom it concerns, closely linked to the data subject's right of access. The Privacy Act only applies to anyone present in Canada. However, in addition, the CBSA grants access to PNR information held on a foreign national if he or she is not present in Canada.

               (13)

               As regards the Commitments, and as provided in section 43 thereof, the statements in the Commitments either have been incorporated in existing Canadian law, or are enshrined in domestic regulations formulated specifically for that purpose and thus will have legal effect. The Commitments will be published in full in the Canada Gazette. As such, they represent a serious and well-considered commitment on the part of the CBSA and their compliance will be subject to joint review by Canada and the Community. Non-compliance could be challenged as appropriate through legal, administrative and political channels and if persistent, would give rise to the suspension of the effects of this Decision.

               (14)

               The standards by which the CBSA will process passengers' PNR data on the basis of Canadian legislation and the Commitments cover the basic principles necessary for an adequate level of protection for natural persons.

               (15)

               As regards the purpose limitation principle, air passengers' personal data contained in the PNR transferred to the CBSA will be processed for a specific purpose and subsequently used or further communicated only insofar as this is compatible with the purpose of the transfer. In particular, PNR data will be used strictly for purposes of preventing and combating: terrorism and related crimes; other serious crimes, including organised crime, that are transnational in nature.

               (16)

               As regards the data quality and proportionality principle, which needs to be considered in relation to the important public interest grounds for which PNR data are transferred, PNR data provided to the CBSA will not subsequently be changed by it. A maximum of 25 PNR data categories will be transferred and the CBSA will consult and agree with the European Commission regarding revision of the 25 required PNR data elements set out in Attachment A, prior to effecting any such revision. Additional personal information sought as a direct result of PNR data will be obtained from sources outside the government only through lawful channels. As a general rule, PNR will be deleted after a maximum of three years and six months.

               (17)

               As regards the transparency principle, the CBSA will provide information to travellers as to the purpose of the transfer and processing, and the identity of the data controller, as well as other information.

               (18)

               As regards the security principle, technical and organisational security measures are taken by the CBSA, which are appropriate to the risks presented by the processing.

               (19)

               The rights of access, correction and notation are recognized in the Privacy Act to those individuals present in Canada. The CBSA will extend these rights in respect of PNR information in its possession to foreign nationals who are not present in Canada. The exceptions foreseen are broadly comparable with the restrictions which may be imposed by Member States under Article 13 of Directive 95/46/EC.

               (20)

               Onward transfers will be made to other government authorities, including foreign government authorities on a case-by-case basis, for purposes that are identical to or consistent with those set out in the statement of purpose limitation concerning a minimum amount of data. Transfers may also be made for the protection of the vital interest of the data subject or of other persons, in particular as regards significant health risks or in any judicial proceedings or as otherwise required by law. Receiving agencies are obligated by the express terms of disclosure to use the data only for those purposes and may not transfer the data onwards without the agreement of the CBSA. No other foreign, federal, provincial or local authority has direct electronic access to PNR data through the CBSA databases. The CBSA will deny public disclosure of PNR on the basis of exemptions from the relevant provisions of the Access to Information Act and the Privacy Act.

               (21)

               The CBSA does not receive sensitive data in the sense of Article 8 of Directive 95/46/EC.

               (22)

               As regards the enforcement mechanisms to ensure compliance by the CBSA with these principles, the training and information of the CBSA staff is provided for, as well as sanctions with regard to individual staff members. The CBSA’s respect for privacy in general will be under the scrutiny of the independent Office of the Canadian Privacy Commissioner under the conditions set out in the Canadian Charter of Rights and Freedoms and the Privacy Act. The Privacy Commissioner may address complaints referred to it by the data protection authorities in Members States on behalf of residents of the Community, if the resident believes his or her complaint has not been satisfactorily dealt with by the CBSA. Compliance with the Commitments will be the subject of annual joint review to be conducted by the CBSA and a Commission-led team.

               (23)

               In the interest of transparency and in order to safeguard the ability of the competent authorities in the Member States to ensure the protection of individuals as regards the processing of their personal data, it is necessary to specify the exceptional circumstances in which the suspension of specific data flows may be justified, notwithstanding the finding of adequate protection.

               (24)

               The Working Party on Protection of Individuals with regard to the Processing of Personal Data established under Article 29 of Directive 95/46/EC has delivered opinions on the level of protection provided by the Canadian authorities for passengers' data, which has guided the Commission throughout its negotiations with the CBSA. The Commission has taken note of these opinions in the preparation of this Decision (4).

               (25)

               The measures provided for in this Decision are in accordance with the opinion of the Committee established under Article 31(1) of Directive 95/46/EC,

         HAS ADOPTED THIS DECISION:
   Article 1
   For the purposes of Article 25(2) of Directive 95/46/EC, the Canadian Customs Border Services Agency (herinafter referred to as the CBSA) is considered to ensure an adequate level of protection for PNR data transferred from the Community concerning flights bound for Canada in accordance with the Commitments set out in the Annex.
   Article 2
   This Decision concerns the adequacy of protection provided by the CBSA with a view to meeting the requirements of Article 25(1) of Directive 95/46/EC and shall not affect other conditions or restrictions implementing other provisions of that Directive that pertain to the processing of personal data within the Member States.
   Article 3
   1.   Without prejudice to their powers to take action to ensure compliance with national provisions adopted pursuant to provisions other than Article 25 of Directive 95/46/EC, the competent authorities in Member States may exercise their existing powers to suspend data flows to the CBSA in order to protect individuals with regard to the processing of their personal data in the following cases:

               (a)

               where a competent Canadian authority has determined that the CBSA is in breach of the applicable standards of protection; or

               (b)

               where there is a substantial likelihood that the standards of protection set out in the Annex are being infringed, there are reasonable grounds for believing that the CBSA is not taking or will not take adequate and timely steps to settle the case at issue, the continuing transfer would create an imminent risk of grave harm to data subjects and the competent authorities in the Member State have made reasonable efforts in the circumstances to provide the CBSA with notice and an opportunity to respond.

         2.   Suspension shall cease as soon as the standards of protection are assured and the competent authorities of the Member States concerned are notified thereof.
   Article 4
   1.   Member States shall inform the Commission without delay when measures are adopted pursuant to Article 3.
   2.   The Member States and the Commission shall inform each other of any changes in the standards of protection and of cases where the action of bodies responsible for ensuring compliance with the standards of protection by the CBSA as set out in the Annex fails to secure such compliance.
   3.   If the information collected pursuant to Article 3 and pursuant to paragraphs 1 and 2 of this Article provides evidence that the basic principles necessary for an adequate level of protection for natural persons are no longer being complied with, or that any body responsible for ensuring compliance with the standards of protection by the CBSA as set out in the Annex is not effectively fulfilling its role, the CBSA shall be informed and, if necessary, the procedure referred to in Article 31(2) of Directive 95/46/EC shall apply with a view to repealing or suspending this Decision.
   Article 5
   The functioning of this Decision shall be monitored and any pertinent findings reported to the Committee established under Article 31 of Directive 95/46/EC, including any evidence that could affect the finding in Article 1 of this Decision that protection of personal data contained in the PNR of air passengers transferred to the CBSA is adequate within the meaning of Article 25 of Directive 95/46/EC.
   Article 6
   Member States shall take all the measures necessary to comply with the Decision within four months of the date of its notification.
   Article 7
   This Decision shall expire three years and six months after the date of its notification, unless extended in accordance with the procedure set out in Article 31(2) of Directive 95/46/EC.
   Article 8
   This Decision is addressed to the Member States.

      Done at Brussels, 6 September 2005.

            For the Commission

         Franco FRATTINI

            Vice-President

      (1)  OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

      (2)  For the purposes of this Decision, the term ‘PNR’ includes Advance Passenger Information (API) data as provided in section 4 of the Commitments of the CBSA.

      (3)  Passenger Information (Customs) Regulations and Regulation 269 of the Immigration and Refugee Protection Regulations.

      (4)  Opinion 3/2004 on the level of protection ensured in Canada for the transmission of Passenger Name Record and Advanced Passenger Information from airlines, adopted by the Working Party on 11 February 2004, available at http://europa.eu.int/comm/internal_market/privacy/docs/wpdocs/2004/wp88_en.pdf
   Opinion 1/2005 on the level of protection ensured in Canada for the transmission of Passenger Name Record and Advance Passenger Information from airlines, adopted by the Working Party on 19 January 2005, available at http://europa.eu.int/comm/internal_market/privacy/docs/wpdocs/2005/wp103_en.pdf

      ANNEX
      COMMITMENTS BY THE CANADA BORDER SERVICE AGENCY IN RELATION TO THE APPLICATION OF ITS PNR PROGRAM
      Legal authority to collect API and PNR information

                  1.

                  All carriers are required, under Canadian law to provide the Canada Border Services Agency (CBSA) with Advance Passenger Information (API) and Passenger Name Record (PNR) information relating to all persons on board flights bound for Canada. The lawful authority of the CBSA to obtain and collect such information is found in section 107.1 of the Customs Act, and the Passenger Information (Customs) Regulations made thereunder, and in paragraph 148(1)(d) of the Immigration and Refugee Protection Act and Regulation 269 of the Immigration and Refugee Protection Regulations made thereunder.

            Purpose for which API and PNR information is collected

                  2.

                  API and PNR information will be collected by the CBSA only in respect of flights arriving in Canada. The CBSA will use API and PNR information collected from European and other carriers only to identify persons at risk to import goods related to, or persons who are inadmissible to Canada because of their potential relationship to, terrorism or terrorism-related crimes, or other serious crimes, including organized crime, that are transnational in nature.

                  3.

                  API and PNR information will be used by the CBSA to target persons who will be subjected to closer questioning or examination on arrival in Canada, or who require further investigation, for one of the purposes described in section 2. No enforcement action will be taken by the CBSA or other Canadian law enforcement officials only by reason of the automated processing of API and PNR data.

            API and PNR information collected

                  4.

                  The list of API data elements that will be collected by the CBSA for the purposes set out in section 2 is set out in paragraphs 3(a) to (f) of the Passenger Information (Customs) Regulations made under the Customs Act. (1) The list of PNR data elements that will be collected by the CBSA for the purposes set out in section 2 is set out in Attachment A. For greater certainty, ‘sensitive data elements’ within the meaning of Article 8.1 of Directive 95/46/EC (hereinafter referred to as ‘the Directive’), and all ‘open text’ or ‘general remarks’ fields, will not be included within these 25 data elements.

                  5.

                  The CBSA will not require a carrier to collect PNR information that the carrier does not record for its own purposes, and will not require the carrier to collect any additional information for purposes of making it available to the CBSA. Therefore the CBSA recognizes that it will collect those data elements listed in Attachment A only to the extent that a carrier has chosen to place them in its automated reservation systems and departure control systems (DCS).

                  6.

                  The CBSA will consult and agree with the European Commission regarding revision of the 25 required PNR data elements set out in Attachment A, prior to effecting any such revision,

                              (a)

                              if the CBSA becomes aware of any additional PNR data element that may be available and is of the view that the element is required for the purposes set out in section 2; or

                              (b)

                              if the CBSA at any time becomes aware that a particular PNR data element is no longer required for the purposes set out in section 2.

            Method of accessing API and PNR information

                  7.

                  The CBSA’s Passenger Information System (hereinafter referred to as ‘PAXIS’) has been configured to receive API and PNR information pushed from a carrier.

            Retention of, and access, to API and PNR information

                  8.

                  Where the API and PNR information relates to a person who is not the subject of an investigation in Canada for a purpose described in section 2, it will be retained in the PAXIS system for a maximum of 3.5 years. During this period, the information will be retained in an increasingly de-personalized manner, as follows:

                              (a)

                              From initial receipt to 72 hours, all available API and PNR information will be accessible only to a limited number of CBSA targetters and intelligence officers, who will use the information to identify those who require closer questioning or examination on arrival in Canada, for one of the purposes set out in section 2.

                              (b)

                              After 72 hours to the end of two years from receipt, a person’s PNR record will be retained in the PAXIS system but accessible only by CBSA intelligence officers located at an international airport in Canada or at CBSA national headquarters in Ottawa. The name of the person to whom the information relates will be unavailable for viewing by these officials unless it is required in order to proceed with an investigation in Canada for one of the purposes described in section 2. The PNR record will be re-personalized only where the official reasonably believes that the name of the person is required in order to proceed with the investigation. During this period, the depersonalized information will be used by CBSA intelligence analysts for trend analysis and the development of future risk indicators related to the purposes set out in section 2.

                              (c)

                              After two years from receipt, the PNR record will be retained in the PAXIS system for a further maximum period of 1.5 years, but all data elements which could serve to identify the person to whom the information relates will be available for viewing only if approved by the President of the CBSA for a purpose described in section 2. During this period, the depersonalized information will be used by CBSA intelligence analysts for trend analysis and the development of future risk indicators related to the purposes set out in section 2.

                              (d)

                              API information will be stored separately from PNR information in the PAXIS system. It will be retained in the PAXIS system for a maximum of 3.5 years but during that period, API information relating to a person will not be used to gain access to PNR information about the same person, unless the PNR record is re-personalized in the circumstances described in paragraph b.

                  9.

                  Where the API and PNR information relates to a person who is the subject of an investigation in Canada for a purpose described in section 2, it will be placed in an enforcement database of the CBSA. These databases contain only information with respect to persons who have been investigated or subjected to an enforcement action under CBSA legislation. Access to these databases is made available only to those CBSA officials whose duties require such access and is closely monitored. API and PNR information that is transferred to such an enforcement database will be retained in that system for no longer than is necessary, and in any case for a period of no more than six years, at which time it will be destroyed unless it is required to be retained for an additional period by virtue of the Privacy Act or the Access to Information Act, as explained in paragraph 10 b.

                  10.

                  Where personal information is used by the CBSA for purposes of making a decision affecting the interests of the data subject to whom it relates, it must be retained by the CBSA for a period of two years from the date of such use in order that the data subject may access the information upon which such a decision has been made, unless the individual consents to its earlier disposal or where a request for access to the information has been received, until such time as the individual has had the opportunity to exercise all his rights under the Privacy Act or the Access to Information Act.

                              (a)

                              In the case of information retained in the PAXIS database, this two-year requirement will be subsumed in the maximum 3.5 year period for which the information will be retained in that database.

                              (b)

                              In the case of information retained in an enforcement database, API and PNR information could be retained where necessary for a period of no more than six years for use by the CBSA for the investigative purposes described in section nine, and then a further maximum period of two additional years, during which time it would be available for access by the data subject in accordance with the Privacy Act or the Access to Information Act, but unavailable for administrative use by the CBSA.

                  11.

                  API and PNR information will, at the expiry of the retention periods described in sections 8 through 10, be destroyed in accordance with the provisions of the National Archives Act (2).

            Disclosures of API and PNR information to other Canadian departments and agencies

                  12.

                  All disclosures of API and PNR information by the CBSA are governed by the Privacy Act, the Access toInformation Act and the CBSA’s own legislation. Although the Privacy Act and the Access to Information Act grant a right of access to records unless an exemption or exclusion applies, these Acts do not otherwise require any mandatory disclosure of API and PNR information. A copy of the CBSA's administrative policy governing the disclosure, access to and use of API and PNR information, Memorandum D-1-16-3 entitled Interim Administrative Guidelines for the Disclosure, Access to and Use of Passenger Name Record (PNR)
                     Data, (hereinafter referred to as the ‘CBSA's PNR disclosure policy’) will be published and available for public access on the CBSA website. This policy, further described in section 37 of these Commitments, directs that API and PNR information could be shared with other Canadian government departments only for the purposes set out in section 2, unless the disclosure is made to comply with the subpoena or warrant issued, or an order made by, a court, person or body with jurisdiction in Canada to compel the production of the information or for the purposes of any judicial proceedings.

                  13.

                  API and PNR information will not be disclosed in bulk. The CBSA will only release select API and PNR information on a case-by-case basis and only after assessing the relevance of the specific PNR information to be disclosed. Only those particular API and PNR elements which are clearly demonstrated as being required in the particular circumstances will be provided. In all cases, the minimum amount of information possible will be provided.

                  14.

                  The CBSA will only disclose API and PNR information where the proposed recipients undertake to afford it the same protections which are afforded to the information by the CBSA. Canadian government recipients of PNR information are also bound by the requirements of the Privacy Act to the extent they are listed in the Schedule to this act. The Privacy Act applies to personal information which is information about an identifiable individual, recorded in any form, and under the control of a Canadian federal government department or agency subject to the Act. Such a department or agency is precluded from collecting any personal information unless it ‘relates directly to an operating program or activity of the institution’.

                  15.

                  The CBSA requires, as a matter of practice and as a condition precedent to disclosure, that Canadian federal or provincial law enforcement authorities undertake not to further disclose the information received, without the permission of the CBSA, unless required by law.

            Disclosure of API and PNR information to other countries

                  16.

                  The CBSA can share API and PNR information with the government of a foreign state, in accordance with an arrangement or agreement under subsection 8(2) of the Privacy Act and subsection 107(8) of the Customs Act.

                  17.

                  Such arrangements or agreements could include a memorandum of understanding developed specifically for purposes of the CBSA’s PNR Program, or a treaty pursuant to which CBSA authorities are required to provide assistance and information. In either case, the information will only be shared for a purpose consistent with those set out in section 2, and only if the receiving country undertakes to afford the information with protections consistent with these Commitments. In all cases, the minimum amount of information possible will be provided to the other country.

                  18.

                  API and PNR information retained in PAXIS will be shared only with a country that has received an adequacy finding under the Directive, or is covered by it.

                  19.

                  API and PNR information retained in an enforcement database described in section 9 can be shared in accordance with treaty obligations under a Customs Mutual Assistance Agreement or a Mutual Legal Assistance Agreement. In this case, API and PNR elements will only be shared on a case by case basis and provided that the CBSA is in possession of evidence that directly links the request to the investigation or prevention of crimes referred to in section 2 and only to the extent that the data elements provided are strictly necessary to pursue the specific enquiry in question.

            Disclosure of API and PNR information in the vital interest of the data subject

                  20.

                  Notwithstanding anything in these Commitments to the contrary, the CBSA may disclose API and PNR information to relevant Canadian or other government departments and agencies, where such disclosure is necessary for the protection of the vital interests of the data subject or of other persons, in particular as regards significant health risks.

            Notification to data subject

                  21.

                  The CBSA will provide information to the traveling public regarding the API and PNR requirements and the issues associated with its use, including general information regarding the authority under which the data will be collected, the purpose for the collection, protection that will be afforded to the data, the manner and extent to which the data will be shared, the identity of responsible CBSA officials, procedures available for redress and contact information for persons with questions or concerns.

            Legal review mechanisms of the CBSA’s PNR program

                  22.

                  The PNR program may be subject to compliance reviews and investigations by the Privacy Commissioner of Canada and the Office of the Auditor General of Canada.

                  23.

                  Canada’s independent data protection authority, the Privacy Commissioner of Canada, can investigate the compliance by government departments and agencies with the Privacy Act, and can monitor the extent to which the CBSA complies with these Commitments. Following accepted standard objectives and criteria, the Privacy Practices and Review Branch of the Office of the Privacy Commissioner may conduct compliance reviews and may also conduct investigations. The Privacy Commissioner of Canada may disclose information that, in her opinion, is necessary to carry out an investigation under the Act or establish the grounds for findings and recommendations contained in any report made under the Act.

                  24.

                  The Office of the Auditor General of Canada conducts independent audits of Canadian federal government operations. These audits provide members of the Canadian Parliament and the public with objective information to help them examine the Government’s activities and hold it to account.

                  25.

                  Final copies of the Office of the Privacy Commissioner and Office of the Auditor General reports are made available to the public through annual reports to Parliament and, at their discretion, are readily available on the Internet. The CBSA will provide the Commission with access to copies of any such reports that relate in any way to the PNR program.

            Joint review of the CBSA’s PNR program

                  26.

                  In addition to the above review processes which are provided for under Canadian law, the CBSA will participate on an annual basis or as appropriate, and as agreed with the Commission, in a joint review of the PNR program relating to transfers of API and PNR data to the CBSA.

            Redress
      Legal Framework

                  27.

                  The Canadian Charter of Rights and Freedoms, which is part of the Canadian Constitution, applies to all government actions, including legislation. Section 8 of the Charter provides the right to be secure against unreasonable search and seizure and protects a reasonable expectation of privacy. Section 24 of the Charter permits a person whose rights have been infringed to apply to a court of competent jurisdiction for such remedy as the court considers appropriate and just in the circumstances.

                  28.

                  The right of a foreign national to access records under the control of a Canadian federal government department, by virtue of Extension Order Number 1 of the Access to Information Act (ATIA), is granted to anyone present in Canada. Subject to exemptions in the Act, a foreign national present in Canada or alternatively a person present in Canada with the consent of the foreign national not present in Canada, could make an ATIA request for records concerning the foreign national and be given access to such records, subject to specific and limited exemptions and exclusions in the Act.

                  29.

                  Under the Privacy Act, the right to access personal information and request corrections or notations is extended by virtue of Extension Order Number 2, to anyone present in Canada. Therefore subject to exemptions in the Act, a foreign national may exercise these rights if he were present in Canada.

            Administrative Framework

                  30.

                  In addition, however, the government department who holds personal information about a person may administratively afford access, correction and notation rights to foreign nationals who are not present in Canada. The CBSA will extend these rights in respect of API and PNR information in its possession to EU citizens or other persons that are not present in Canada, provided that the disclosure is otherwise permitted by law.

                  31.

                  The Privacy Commissioner may initiate a complaint if the Commissioner is ‘satisfied that there are reasonable grounds to investigate a matter under [the Privacy] Act’ and has broad powers of investigation in respect of any complaint. Additionally, the Privacy Commissioner may address complaints referred to it by the Data Protection Authorities (DPAs) of any of the Member States of the European Union (EU) on behalf of an EU resident, to the extent such resident has authorized the DPA to act on his or her behalf and believes that his or her data protection complaint regarding API and PNR information has not been satisfactorily dealt with by CBSA as set out in paragraph 30 above. The Privacy Commissioner will report its conclusions and advise the DPA or DPAs concerned regarding actions taken, if any.

                  32.

                  The Privacy Commissioner also has special powers to investigate the extent to which Canadian government departments and agencies are complying with the Privacy Act, with respect to the collection, retention, use, disclosure and disposal of personal information.

            Security of Information

                  33.

                  Access to the PAXIS system will only be provided only to a restricted number of CBSA targetters or intelligence officers located in passenger targeting units in Canadian regional offices and at the CBSA’s Headquarters in Ottawa, Canada. These officers will access the PAXIS system in secure work locations that are inaccessible to members of the public.

                  34.

                  In order to access the PAXIS system, officers will be required to use two separate logins, using a system-generated user ID and password. The first login will provide access to the CBSA’s Local Area Network, while the second will provide access to the Integrated Customs System platform, which in turn provides access to the PAXIS application. Access to the CBSA network and any data contained in the PAXIS system will be strictly controlled and restricted to the selected user group, and every query and review of passenger data in the system will be audited. The audit record generated will contain the user name, the work location of the user, the date and time of access and the PNR file locator number for the information accessed. The CBSA will also restrict access to particular API and PNR data elements within the system on a ‘need to know’ (user type/profile basis). These access controls will ensure that access to API and PNR information is provided only to the persons described in section 33, for the purposes set out in section 2.

                  35.

                  Access, use and disclosure of API and PNR information is governed by the Privacy Act, the Access to Information Act as well as by section 107 of the Customs Act and the administrative policy described in section 37 of these Commitments, which reflect the protections and safeguards outlined in the present document. Section 160 of the Customs Act and internal codes of conduct provide for criminal and other sanctions in the event that these policies are not respected and, as noted above, the Privacy Commissioner is empowered under the Privacy Act to commence an investigation in respect of the disclosure of personal information.

                  36.

                  The CBSA’s PNR disclosure policy sets out the procedures which must be followed by all CBSA employees who have access to API and PNR information. The policy of the CBSA is to protect the confidentiality of the information and to manage it in accordance with the authorities in Canadian legislation, as well as CBSA and Canadian Government policies related to the management and security of information, as described in section 38.

                  37.

                  The CBSA’s PNR disclosure policy provides:

                              (a)

                              that an official may disclose, allow access to or use API and PNR information only when authorized to do so by law and in accordance with the policy;

                              (b)

                              that officials should take all appropriate means to ensure that only essential information is disclosed to third parties;

                              (c)

                              that information will only be disclosed for a specific authorized purpose and limited to the minimum amount of information required for that purpose;

                              (d)

                              that information will only be provided to or accessed by individuals with an operational requirement to see it; and

                              (e)

                              that, subject to the Privacy Act, the Access to Information Act and the National Archives Act, any information disclosed will be destroyed or returned once it has been used, in accordance with CBSA and Treasury Board of Canada information management policies.

                  38.

                  The CBSA’s PNR disclosure policy falls under the umbrella of several CBSA-wide policies for the protection and management of information collected under the various statutes administered by the CBSA. In addition all CBSA employees are bound by Government of Canada security policies in respect of the protection of electronic systems and data protection. (3)

                  39.

                  All CBSA employees are familiar with these policies and the consequences of non-compliance, and adherence with them is a condition of their employment.

            Reciprocity

                  40.

                  The Aeronautics Act allows Canadian air carriers operating flights from any destination, or any carriers operating flights departing from Canada, to provide a foreign state with information concerning persons on board such flights and bound for that state, where the laws of that state require the information to be provided.

                  41.

                  In the event that the European Community, the European Union or any of its Member States decides to adopt an airline passenger identification system and passes legislation which would require all air carriers to provide European authorities with access to API and PNR data for persons whose current travel itinerary includes a flight to the European Union, section 4.83 of the Aeronautics Act would permit air carriers to comply with this requirement.

            Review and termination of commitments

                  42.

                  These Commitments will apply for a term of three years and six months (3.5 years), beginning on the date upon which an agreement enters into force between Canada and the European Community, authorizing the processing of API and PNR data by carriers for purposes of transferring such data to the CBSA, in accordance with the Directive. After these Commitments have been in effect for two years and six months (2.5 years), the CBSA will initiate discussions with the Commission with the goal of extending the Commitments and any supporting arrangements, upon mutually acceptable terms. If no mutually acceptable arrangements can be concluded prior to the expiration date of these Commitments, the Commitments will no longer apply to any data collected from that moment onwards. Data collected while these Commitments were in force will remain protected by the terms of these Commitments until any such data is deleted.

                  43.

                  CBSA fulfils its Commitments via the application of existing Canadian law, or, where not already covered by Canadian legislation, in regulations formulated specifically for that purpose or through administrative processes.

         (1)  Paragraphs 3 (a) to (f) contain the following API data: (a) a person’s surname, first name and any middle names; (b) date of birth; (c) gender; (d) citizenship or nationality; (e) the type of travel document that identifies that person, the name of the country in which the travel document was issued and the number of the travel document; (f) the reservation record locator number, if any, and in the case of a person on charge of the commercial conveyance or any other crew member without a reservation record locator number, notification of their status as a crew member.

         (2)  This Act sets out the formalities that must be followed before government records are destroyed.

         (3)  Referenced policies include: the Government Security Policy published by the Treasury Board of Canada Secretariat on February 1, 2002 and the Operational Security Standard: Management of Information Technology Security (MITS) published by the Treasury Board of Canada Secretariat on May 31, 2004.

         ATTACHMENT ‘A’
         PNR DATA ELEMENTS REQUIRED BY CBSA FROM AIR CARRIERS

                     1.

                     Name

                     2.

                     API data

                     3.

                     PNR record locater code

                     4.

                     Date of intended travel

                     5.

                     Date of reservation

                     6.

                     Date of ticket issuance

                     7.

                     Travel agencies

                     8.

                     Travel agent

                     9.

                     Contact telephone information

                     10.

                     Billing address

                     11.

                     All forms of payment information

                     12.

                     Frequent Flyer Information

                     13.

                     Ticketing Field Information

                     14.

                     Ticket number

                     15.

                     Split/divided PNR

                     16.

                     Go show information

                     17.

                     No show history

                     18.

                     All travel Itinerary Information

                     19.

                     Standby Information

                     20.

                     Other names on PNR

                     21.

                     Order of check in

                     22.

                     Bag tag numbers

                     23.

                     Seat information

                     24.

                     Seat number

                     25.

                     One way tickets


title: Council Decision (CFSP) 2016/1071 of 1 July 2016 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine

text:
               2.7.2016

               EN

               Official Journal of the European Union

               L 178/21

         COUNCIL DECISION (CFSP) 2016/1071
   of 1 July 2016
   amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 31 July 2014, the Council adopted Decision 2014/512/CFSP (1).

               (2)

               On 19 March 2015, the European Council agreed that the necessary measures would be taken to clearly link the duration of the restrictive measures to the complete implementation of the Minsk agreements, bearing in mind that the complete implementation was foreseen for 31 December 2015.

               (3)

               On 21 December 2015, the Council renewed Decision 2014/512/CFSP until 31 July 2016 in order to enable it to further assess the implementation of the Minsk agreements.

               (4)

               Having assessed the implementation of the Minsk agreements, Decision 2014/512/CFSP should be renewed for a further six months in order to enable the Council to further assess their implementation.

               (5)

               Decision 2014/512/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   The first subparagraph of Article 9(1) of Decision 2014/512/CFSP is replaced by the following:

      ‘1.   This Decision shall apply until 31 January 2017.’.

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

      Done at Brussels, 1 July 2016.

            For the Council

            The President

         M. LAJČÁK

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


title: Council Decision (CFSP) 2017/972 of 8 June 2017 updating and amending the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and amending Decision (CFSP) 2017/154

text:
               9.6.2017

               EN

               Official Journal of the European Union

               L 146/139

         COUNCIL DECISION (CFSP) 2017/972
   of 8 June 2017
   updating and amending the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and amending Decision (CFSP) 2017/154
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 27 December 2001, the Council adopted Common Position 2001/931/CFSP (1).

               (2)

               On 27 January 2017, the Council adopted Decision (CFSP) 2017/154 (2) updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP (‘the list’).

               (3)

               The Council has determined that there are no longer grounds for keeping one of those entities on the list.

               (4)

               The list should therefore be updated accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Annex to Decision (CFSP) 2017/154 is amended as set out in the Annex to this Decision.
   Article 2
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Luxembourg, 8 June 2017.

            For the Council

            The President

         U. REINSALU

      (1)  Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (OJ L 344, 28.12.2001, p. 93).

      (2)  Council Decision (CFSP) 2017/154 of 27 January 2017 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2016/1136 (OJ L 23, 28.1.2017, p. 21).

      ANNEX
      The entity listed below is deleted from the list set out in the Annex to Decision (CFSP) 2017/154:
      II.   GROUPS AND ENTITIES

                  11.

                  ‘Hofstadgroep’.


Avis juridique important

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31981D0083

81/83/ECSC: Council Decision of 20 January 1981 designating Greek representative organizations required to draw up lists of candidates for the Consultative Committee of the European Coal and Steel Community

Official Journal L 058 , 05/03/1981 P. 0028 - 0029 Finnish special edition: Chapter 1 Volume 2 P. 0011  Swedish special edition: Chapter 1 Volume 2 P. 0011

*****COUNCIL  DECISION  of 20 January 1981  designating Greek representative organizations required to draw up lists of candidates for the Consultative Committee of the European Coal and Steel Community  (81/83/ECSC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to Article 18 of the Treaty establishing the European Coal and Steel Community,  Whereas, by its Decisions of 2 August 1978 (1) and 16 October 1978 (2), as amended by point XVI. 2 of Annex I to the Act of Accession (3), the Council designated the representative organizations with a view to the renewal of the Consultative Committee of the ECSC for a period of two years;  Whereas, by its Decision of 16 October 1978 (4), the Council appointed the Members of the Consultative Committee for the period extending from 16 October 1978 to 15 October 1980;  Whereas, by its Decision of 20 October 1980 (5), the Council designated the producers' and workers' organizations referred to in the third paragraph of that Article;  Whereas, by its Decision of 25 November 1980 (6), the Council appointed the members of the Consultative Committee for the period extending from 25 November 1980 to 24 November 1982;  Whereas the Decision of 20 October 1980, referred to in the third recital above, should be supplemented as regards Greece by designating two Greek representative organizations which are required to draw up lists of twice as many candidates as there are seats allotted to them, in order that the Consultative Committee may be completed for the period ending on 24 November 1982,  HAS DECIDED AS FOLLOWS:  Sole Article  The representative organizations of producers and workers listed in the table annexed to this Decision are hereby designated to draw up lists of candidates on the basis of which two Greek members of the Consultative Committee of the European Coal and Steel Community shall be appointed in numbers equal to those shown in the aforesaid table in respect of those same organizations.  Done at Brussels, 20 January 1980.  For the Council  The President  Ch. A. van der KLAAUW  (1) OJ No L 226, 17. 8. 1978, p. 20.  (2) OJ No L 314, 8. 11. 1978, p. 5.  (3) OJ No L 291, 19. 11. 1979, p. 113.  (4) OJ No L 314, 8. 11. 1978, p. 6.  (5) OJ No L 283 28. 10. 1980, p. 28.  (6) OJ No L 326, 2. 12. 1980, p. 20.  ANNEX  1.2.3 //   //   //   // Country  // Name of organization  // Number of seats  //   //   //   //   // 1. Producers' organizations  //   // Greece  // Sýndesmos Ellinikón Viomichanión  // 1 (1)  //   // 2. Workers' organizations  //  // Greece  // Genikí Synomospondía Ergatón Elladós  // 1 (1)  //   //   //  (1) The total figure in the third column of the Decision of 20 October 1980 is increased to 28.


title: Decision (EU) 2016/2099 of the European Parliament and of the Council of 23 November 2016 on the mobilisation of the European Globalisation Adjustment Fund (following an application from Estonia — EGF/2016/003 EE/petroleum and chemicals)

text:
               1.12.2016

               EN

               Official Journal of the European Union

               L 326/14

         DECISION (EU) 2016/2099 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 23 November 2016
   on the mobilisation of the European Globalisation Adjustment Fund (following an application from Estonia — EGF/2016/003 EE/petroleum and chemicals)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 (1), and in particular Article 15(4) thereof,
   Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (‘EGF’) aims to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis, or as a result of a new global financial and economic crisis, and to assist them with their reintegration into the labour market.

               (2)

               The EGF is not to exceed a maximum annual amount of EUR 150 million (2011 prices), as laid down in Article 12 of Council Regulation (EU, Euratom) No 1311/2013 (3).

               (3)

               On 11 May 2016, Estonia submitted an application to mobilise the EGF, in respect of redundancies in Eesti Energia AS, Nitrofert AS and Viru Keemia Grupp AS in Estonia. It was supplemented by additional information provided in accordance with Article 8(3) of Regulation (EU) No 1309/2013. That application complies with the requirements for determining a financial contribution from the EGF as laid down in Article 13 of Regulation (EU) No 1309/2013.

               (4)

               In accordance with Article 4(2) of Regulation (EU) No 1309/2013, the application from Estonia is considered admissible since the redundancies have a serious impact on employment and the local and regional economy.

               (5)

               The EGF should, therefore, be mobilised in order to provide a financial contribution of EUR 1 131 358 in respect of the application submitted by Estonia.

               (6)

               In order to minimise the time taken to mobilise the EGF, this decision should apply from the date of its adoption,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the Union for the financial year 2016, the European Globalisation Adjustment Fund shall be mobilised to provide the amount of EUR 1 131 358 in commitment and payment appropriations.
   Article 2
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union. It shall apply from 23 November 2016.

      Done at Strasbourg, 23 November 2016.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         I. KORČOK

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

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

      (3)  Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).


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32002D0196

2002/196/EC: Council Decision of 17 December 2001 on the conclusion of an Additional Protocol laying down the trade arrangements for certain fish and fishery products to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Slovak Republic, of the other part

Official Journal L 066 , 08/03/2002 P. 0015 - 0015

Council Decisionof 17 December 2001on the conclusion of an Additional Protocol laying down the trade arrangements for certain fish and fishery products to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Slovak Republic, of the other part(2002/196/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) It is desirable to complete by means of an Additional Protocol the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Slovak Republic, of the other part(1), so as to provide for preferential conditions for the importation into the Community of certain fish and fishery products originating in the Slovak Republic, and into the Slovak Republic of certain fish and fishery products originating in the Community.(2) To that end a new Protocol laying down the trade arrangements for certain fishery products should be added to the said Europe Agreement.(3) The Protocol should be approved,HAS DECIDED AS FOLLOWS:Article 1The Additional Protocol laying down the trade arrangements for certain fish and fishery products to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Slovak Republic, of the other part, is hereby approved on behalf of the Community.The text of the Protocol is attached to this Decision.Article 2The President of the Council is hereby authorised to designate the person empowered to sign the Protocol in order to bind the Community.Done at Brussels, 17 December 2001.For the CouncilThe PresidentA. Neyts-Uyttebroeck(1) OJ L 359, 31.12.1994, p. 2.


title: Appointment of a member of the Court of Auditors - Ms Kersti Kaljulaid European Parliament decision of 25 March 2010 on the nomination of Kersti Kaljulaid as a Member of the Court of Auditors (C7-0016/2010 – 2010/0804(NLE))

text:
               7.1.2011

               EN

               Official Journal of the European Union

               CE 4/66

         Thursday 25 March 2010Appointment of a member of the Court of Auditors - Ms Kersti Kaljulaid
   P7_TA(2010)0076
   European Parliament decision of 25 March 2010 on the nomination of Kersti Kaljulaid as a Member of the Court of Auditors (C7-0016/2010 – 2010/0804(NLE))
   2011/C 4 E/15
   (Consultation)

      The European Parliament,
   having regard to Article 286(2) of the Treaty on the Functioning of the EU, pursuant to which the Council consulted Parliament (C7-0016/2010),
   having regard to the fact that, at its meeting of 16 March 2010, the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors,
   having regard to Rule 108 of its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A7-0045/2010),

               A.

               whereas Kersti Kaljulaid fulfils the conditions laid down in Article 286(1) of the Treaty on the Functioning of the EU,

               1.

               Delivers a favourable opinion on the nomination of Kersti Kaljulaid as a Member of the Court of Auditors;

               2.

               Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States.


title: 2011/191/EU: Council Decision of 21 March 2011 appointing ten Greek members and nine Greek alternate members of the Committee of the Regions

text:
               29.3.2011

               EN

               Official Journal of the European Union

               L 81/12

         COUNCIL DECISION
   of 21 March 2011
   appointing ten Greek members and nine Greek alternate members of the Committee of the Regions
   (2011/191/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Greek Government,
   Whereas:

               (1)

               On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

               (2)

               Ten members’ seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Panagiotis PSOMIADIS, Mr Yannis SGOUROS, Mr Konstantinos TZATZANIS, Mr Konstantinos TATSIS, Mr Andreas FOURAS, Mr Dimitris KALOGEROPOULOS, Ms Evangelina SCHOINARAKI-ILIAKI, Mr Dimitrios TSIGKOUNIS, Mr Georgios PAPASTERGIOU and Mr Grigorios ZAFEIROPOULOS. Eight alternate members’ seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Panagiotis OIKONOMIDIS, Mr Ioannis MACHAIRIDIS, Mr Dimitrios DRAKOS, Mr Polydoros LAMPRINOUDIS, Mr Miltiadis KLAPAS, Mr Spyros SPYRIDON, Mr Lukas KATSAROS and Mr Konstantinos KONTOYORGOS. One alternate member’s seat will become vacant following the appointment of Mr Georgios KOTRONIAS as member of the Committee of the Regions,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

               (a)

               as members:

                           —

                           Stavros ARNAOUTAKIS, Head of the Region of Crete,

                           —

                           Grigorios ZAFEIROPOULOS, Councillor of the Region of Attica,

                           —

                           Dimitrios KALOGEROPOULOS, Municipal Councillor of Aigaleo,

                           —

                           Georgios KAMINIS, Mayor of Athens,

                           —

                           Apostolos KATSIFARAS, Head of the Region of Western Greece,

                           —

                           Georgios KOTRONIAS, Mayor of Lamia,

                           —

                           Ioannis BOUTARIS, Mayor of Thessaloniki,

                           —

                           Nikolaos PAPANDREOU, Councillor of the Region of Sterea Ellada,

                           —

                           Ioannis SGOUROS, Head of the Region of Attica,

                           —

                           Panagiotis PSOMIADIS, Head of the Region of Central Macedonia;

                     and

               (b)

               as alternate members:

                           —

                           Pavlos ALTINIS, Councillor of the Region of West Macedonia,

                           —

                           Athanasios GIAKALIS, Head of the Region of North Aegean,

                           —

                           Aristeidis GIANNAKIDIS, Head of the Region of Eastern Macedonia-Thrace,

                           —

                           Dimitrios DRAKOS, Councillor of the Region of Peloponnesus,

                           —

                           Polydoros LAMPRINOUDIS, Mayor of Chios,

                           —

                           Christos LAPPAS, Mayor of Trikala,

                           —

                           Ioannis MACHAIRIDIS, Head of the Region of South Aegean,

                           —

                           Dimitrios BIRMPAS, Municipal Councillor of Aigaleo,

                           —

                           Spyros SPYRIDON, Councillor of the Region of Attica.

         Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 21 March 2011.

            For the Council

            The President

         MARTONYI J.

      (1)  OJ L 348, 29.12.2009, p. 22.

      (2)  OJ L 12, 19.1.2010, p. 11.


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31981D0002

81/2/Euratom, ECSC, EEC: Commission Decision of 6 January 1981 amending the provisional rules of procedure of the Commission of 6 July 1967

Official Journal L 008 , 08/01/1981 P. 0016 - 0016 Spanish special edition: Chapter 01 Volume 3 P. 0068  Portuguese special edition Chapter 01 Volume 3 P. 0068

++++COMMISSION DECISION  OF 6 JANUARY 1981  AMENDING THE PROVISIONAL RULES OF PROCEDURE OF THE COMMISSION OF 6 JULY 1967   ( 81/2/EURATOM , ECSC , EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO ARTICLE 16 OF THE TREATY ESTABLISHING A SINGLE COUNCIL AND A SINGLE COMMISSION OF THE EUROPEAN COMMUNITIES ,  WHEREAS ARTICLE 134 ( 2 ) OF THE ACT CONCERNING THE CONDITIONS OF ACCESSION OF THE HELLENIC REPUBLIC AND THE ADJUSTMENTS TO THE TREATIES ( 1 ) LAYS DOWN THAT THE COMMISSION SHALL MAKE SUCH ADAPTATIONS TO ITS RULES OF PROCEDURE AS ARE MADE NECESSARY BY THE ACCESSION OF THE HELLENIC REPUBLIC ;  WHEREAS , THIS BEING SO , IT IS NECESSARY TO AMEND ARTICLE 2 OF THE PROVISIONAL RULES OF PROCEDURE OF THE COMMISSION OF 6 JULY 1967 ( 2 ) , AS LAST AMENDED BY THE DECISION OF 23 JULY 1975 ( 3 ) ,  DECIDES AS FOLLOWS :  ARTICLE 1  ARTICLE 2 OF THE PROVISIONAL RULES OF PROCEDURE OF THE COMMISSION OF 6 JULY 1967 SHALL BE REPLACED BY THE FOLLOWING TEXT :   " 1 . THE QUORUM OF MEMBERS REQUIRED TO BE PRESENT FOR THE COMMISSION TO TAKE VALID DECISIONS SHALL BE FIXED AT EIGHT .  2 . IN CONFORMITY WITH ARTICLE 17 , FIRST PARAGRAPH , OF THE TREATY ESTABLISHING A SINGLE COUNCIL AND A SINGLE COMMISSION OF THE EUROPEAN COMMUNITIES , THE CONCLUSION OF THE COMMISSION SHALL BE DEEMED TO BE ADOPTED WHEN THERE HAVE BEEN AT LEAST EIGHT VOTES IN FAVOUR . "  ARTICLE 2  THIS DECISION SHALL COME INTO FORCE ON 6 JANUARY 1981 .  DONE AT BRUSSELS , 6 JANUARY 1981 .  FOR THE COMMISSION  THE PRESIDENT  GASTON THORN  ( 1 ) OJ NO L 291 , 19 . 11 . 1979 , P . 17 .  ( 2 ) OJ NO L 147 , 11 . 7 . 1967 , P . 1 .  ( 3 ) OJ NO L 199 , 30 . 7 . 1975 , P . 43 .


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32000D0356

2000/356/EC: Commission Decision of 26 May 2000 terminating the review of the anti-dumping measures concerning imports of certain magnetic disks (3,5" microdisks) originating in Taiwan (notified under document number C(2000) 1393)

Official Journal L 127 , 27/05/2000 P. 0058 - 0059

Commission Decisionof 26 May 2000terminating the review of the anti-dumping measures concerning imports of certain magnetic disks (3,5'' microdisks) originating in Taiwan(notified under document number C(2000) 1393)(2000/356/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1), as last amended by Regulation (EC) No 905/98(2), and in particular Articles 9 and 11 thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE(1) By Regulation (EEC) No 2861/93(3), as amended by Council Regulation (EC) No 2537/1999(4), the Council imposed a definitive anti-dumping duty on imports of 3,5" microdisks used to record and store encoded digital computer information falling within CN code ex 8523 20 90 and originating, inter alia, in Taiwan.(2) An "expiry" review of the abovementioned anti-dumping measures, pursuant to Article 11(2) of Regulation (EC) No 384/96 (hereinafter "the basic Regulation"), was initiated in October 1998(5), following a request lodged by the Committee of European Diskette Manufacturers (Diskma). This review is presently ongoing.(3) On 26 June 1999, the Commission, after consultation, published in the Official Journal of the European Communities(6) a notice initiating an "interim review" of the abovementioned measures, pursuant to Article 11(3) of the basic Regulation.(4) This "interim review" investigation was initiated following a request submitted by CIS Technology Inc. (hereinafter also referred to as "the applicant"), a Taiwanese exporting producer which declared that it produced and sold for export to the Community the product concerned. The request contained sufficient prima facie evidence that a significant change in circumstances had taken place, the alleged effect of which was that the applicant's exports to the Community were no longer made at dumped prices.(5) As the applicant did not submit any request concerning changed circumstances with regard to injury, the interim review was limited to dumping.(6) The Commission officially advised the authorities of the exporting country concerned. Interested parties were given an opportunity to make their views known in writing and to request a hearing within the time limits set in the notice of initiation. A questionnaire was sent to the applicant, which submitted a complete reply.B. WITHDRAWAL OF THE REQUEST AND TERMINATION OF THE INVESTIGATION(7) By letter of 11 January 2000, the applicant informed the Commission of its decision to withdraw the request for a review.(8) Interested parties were informed of the withdrawal and given an opportunity to comment. No comments were received.(9) In accordance with Articles 11(5) and 9(1) of the basic Regulation, where the application is withdrawn, the investigation may be terminated unless such termination would not be in the Community interest. The investigation did not bring to light any considerations showing that such termination would not be in the Community interest,HAS ADOPTED THIS DECISION:Sole ArticleThe interim review of the anti-dumping measures concerning imports of certain magnetic disks (3,5" microdisks) currently classifiable within CN code ex 8523 20 90 and originating in Taiwan, limited to the microdisks produced and sold for export to the Community by CIS Technology Inc., is hereby terminated.Done at Brussels, 26 May 2000.For the CommissionPascal LamyMember of the Commission(1) OJ L 56, 6.3.1996, p. 1.(2) OJ L 128, 30.4.1998, p. 18.(3) OJ L 262, 21.10.1993, p. 4.(4) OJ L 307, 2.12.1999, p. 1.(5) OJ C 322, 21.10.1998, p. 4.(6) OJ C 181, 26.6.1999, p. 21.


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31988D0435

88/435/ECSC, EEC, Euratom: Council Decision of 26 July 1988 fixing the period for the third election of representatives to the European Parliament by direct universal suffrage

Official Journal L 210 , 03/08/1988 P. 0025 - 0025

*****COUNCIL  DECISION  of 26 July 1988  fixing the period for the third election of representatives to the European Parliament by direct universal suffrage  (88/435/ECSC, EEC, Euratom)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Act of 20 September 1976 concerning the election of the representatives of the European Parliament by direct universal suffrage, and in particular the second subparagraph of Article 10 (2) thereof,  Having regard to the opinion of the European Parliament (1),  Whereas by its Decision 78/639/Euratom, ECSC, EEC of 25 July 1978 fixing the period for the first election of representatives of the European Parliament by direct universal suffrage (2), the Council fixed the period for this first election from 7 to 10 June 1979;  Whereas it proves to be impossible to hold the third election during the corresponding period of 1989; whereas another period should therefore be set,  HAS DECIDED AS FOLLOWS:  Article 1  The period referred to in Article 9 (1) of the Act of 20 September 1976 concerning the election of the representatives of the European Parliament by direct universal suffrage shall be from 15 to 18 June for the third election.  Article 2  This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.  Done at Brussels, 26 July 1988.  For the Council  The President  Y. PAPANTONIOU  (1) Opinion delivered on 7 July 1988 (not yet published in the Official Journal).  (2) OJ No L 205, 29. 7. 1978, p. 75.


title: Council Decision of 24 February 1976 replacing a member of the Advisory Committee of the Euratom Supply Agency

text:
11 . 3 . 76                        Official Journal of the European Communities                      No L 63/23
                                                              II
                                       (Acts whose publication is not obligatory)
                                                      COUNCIL
                                                  COUNCIL DECISION
                                                    of 24 February 1976
               replacing a member of the Advisory Committee of the Euratom Supply Agency
                                                      (76/294/ Euratom)
            THE COUNCIL OF THE EUROPEAN COMMUNITIES,
             Having regard to the Statutes of the Euratom Supply Agency ( 1), as amended by Decision
             73/45/Euratom (2), and in particular Article X thereof,
             Having regard to Council Decision 75/ 1 18/ Euratom of 20 January 1975 replacing the
             members of the Advisory Committee of the Euratom Supply Agency (3),
             Having regard to the opinion of the Commission,
            Whereas a seat has become vacant on the Advisory Committee of the Euratom Supply
            Agency following the resignation of Mr Y. Girard ; whereas the French Government has
             proposed that he be replaced by Mr P. Leonardi,
             HAS DECIDED AS FOLLOWS :
                                                          Article 1
            Mr P. Leonardi is hereby appointed member of the Advisory Committee of the Euratom
            Supply Agency in place of Mr Y. Girard, who has resigned, for the remainder of the
            latter's term of office, which runs until 31 December 1976.
                                                          Article 2
            This appointment shall take effect on the date on which the Council receives Mr P.
             Leonardi's acceptance.
            Done at Brussels, 24 February 1976.
                                                                         For the Council
                                                                           The President
                                                                             M. MART
            (') OJ No 27, 6 . 12. 1958 , p. 534/ 58 .
            {2) OJ No L 83, 30 . 3 . 1973 , p. 20 .
            (3 ) OJ No L 46, 20 . 2. -1975, p. 25.


title: Council Decision of 16 June 2014 appointing half of the members of the Management Board of the European Food Safety Authority

text:
               21.6.2014

               EN

               Official Journal of the European Union

               C 192/2

         COUNCIL DECISION
   of 16 June 2014
   appointing half of the members of the Management Board of the European Food Safety Authority
   2014/C 192/02
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 25(1) thereof,
   Having regard to the list of candidates submitted to the Council by the European Commission,
   Having regard to the views expressed by the European Parliament,
   Whereas:

               (1)

               It is vital to ensure the independence, high scientific quality, transparency and efficiency of the European Food Safety Authority (EFSA). Cooperation with Member States is also indispensable.

               (2)

               The term of office of seven members of the Management Board of the Authority expires on 30 June 2014.

               (3)

               The list submitted by the Commission has been examined with a view to appointing seven new members of the Management Board of the Authority on the basis of the documentation provided by the Commission and in the light of the views expressed by the European Parliament. The aim is to secure the highest standard of competence, a broad range of relevant expertise, for instance in management and public administration, and the broadest possible geographical distribution within the Union.

               (4)

               Article 25 of Regulation (EC) No 178/2002 requires that four of the members of the Management Board of the Authority must have their background in organisations representing consumers and other interests in the food chain. The term of office of three members of the Management Board with such a background expires on 30 June 2014 and those members should therefore be replaced,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following persons are appointed as members of the Management Board of the European Food Safety Authority for the period from 1 July 2014 to 30 June 2018:
   Stella CANNA MICHAELIDOU
   Iñaki EGUILEOR
   Jan MOUSING (2)

   Raymond O’ROURKE (3)

   András SZÉKÁCS
   Robert Van GORCOM
   Pieter VANTHEMSCHE (4)

   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 16 June 2014.

            For the Council

            The President

         G. KARASMANIS

      (1)  OJ L 31, 1.2.2002, p. 1.

      (2)  Background in organisations representing other interests in the food chain.

      (3)  Background in organisations representing consumers.

      (4)  Background in organisations representing other interests in the food chain.


title: 2014/35/EU: Council Decision of 10 May 2012 on the signature, on behalf of the Union, and provisional application of the Agreement between the European Union and the Government of the Macao Special Administrative Region of the People’s Republic of China on certain aspects of air services

text:
                  24.1.2014

                  EN

                  Official Journal of the European Union

                  L 21/1

         COUNCIL DECISION
         of 10 May 2012
         on the signature, on behalf of the Union, and provisional application of the Agreement between the European Union and the Government of the Macao Special Administrative Region of the People’s Republic of China on certain aspects of air services
         (2014/35/EU)
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2), in conjunction with Article 218(5) thereof,
         Having regard to the proposal from the European Commission,
         Whereas:

                     (1)

                     By its Decision of 5 June 2003, the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with an agreement at Union level.

                     (2)

                     On behalf of the Union, the Commission has negotiated an Agreement with the Government of the Macao Special Administrative Region of the People's Republic of China on certain aspects of air services (‘the Agreement’) in accordance with the mechanisms and directives in the Annex to the Council Decision of 5 June 2003.

                     (3)

                     The Agreement should be signed and applied on a provisional basis, pending the completion of the procedures for its conclusion,

               HAS ADOPTED THIS DECISION:

            Article 1
            The signing on behalf of the Union of the Agreement between the European Union and the Government of the Macao Special Administrative Region of the People’s Republic of China on certain aspects of air services is hereby authorised, subject to the conclusion of the said Agreement. The text of the Agreement is attached to this Decision.

            Article 2
            The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.

            Article 3

               1.   Pending its entry into force, the Agreement shall be applied on a provisional basis, in accordance with Article 8(2) of the Agreement, as from the first day of the month following the date on which the Parties have notified each other of the completion of the necessary procedures for this purpose (1).

               2.   The President of the Council is hereby authorised to make the notification provided for in Article 8(2) of the Agreement.

            Article 4
            This Decision shall enter into force on the date of its adoption.

            Done at Brussels, 10 May 2012.

                  For the Council

                  The President

               U. ELBÆK

            (1)  The date from which the Agreement will be applied on a provisional basis will be published in the Official Journal of the European Union by the General Secretariat of the Council.


Avis juridique important

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31993D0490

93/490/Euratom, ECSC, EEC: Commission Decision of 4 August 1993 adjusting the weightings applicable from 1 December 1992 to the renumeration of officials of the European Communities serving in countries outside the Community

Official Journal L 228 , 09/09/1993 P. 0047 - 0048

COMMISSION DECISION of 4 August 1993 adjusting the weightings applicable from 1 December 1992 to the renumeration of officials of the European Communities serving in countries outside the Community(93/490/Euratom, ECSC, EEC)THE  COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities,  Having regard to the Staff Regulations of the Officials of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (EEC, Euratom, ECSC) No 3761/92 (2), and in particular the second paragraph of  Article 13 of Annex X thereto,  Whereas pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations Council Regulation (Euratom, ECSC, EEC) No 1419/93 (3) laid down the weightings to be applied from 1 July 1992 to the remuneration of officials serving in  countries outside the Community payable in the currency of their country of employment;  Whereas the Commission has made a number of adjustments to these weightings in recent months, pursuant to the second paragraph of Article 13 of Annex X to the Staff Regulations (4);  Whereas, some of these weightings should be adjusted with effect from 1 December 1992 given that the statistics available to the Commission show that in certain countries outside the Community the variation in the cost of living measured on the basis of  the weigthing and the corresponding exchange rate has exceeded 5 % since weightings were last laid down,  DECIDES:   Sole Article  With effect from 1 December 1992 the weightings applicable to the remuneration of officials serving in countries outside the Community payable in the currency of their country of employment are adjusted as shown in the Annex.  The exchange rates for the payment of such remuneration shall be those used for implementation of the budget of the European Communities during the month preceding the date on which this Decision takes effect.  Done at Brussels, 4 August 1993.  For the Commission René STEICHEN Member of the Commission  (1) OJ No L 56, 4. 3. 1968, p. 1.  (2) OJ No L 383, 29. 12. 1992, p. 1.  (3) OJ No L 140, 11. 6. 1993, p. 1.  (4) OJ No L 131, 28. 5. 1993. pp. 53 to 62.      ANNEX    /* Tables: see OJ */


title: 2014/586/EU: Decision of the European Parliament of 3 April 2014 on the closure of the accounts of the European Institute for Gender Equality for the financial year 2012

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/226

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on the closure of the accounts of the European Institute for Gender Equality for the financial year 2012
   (2014/586/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Institute for Gender Equality for the financial year 2012,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Institute for Gender Equality for the financial year 2012, together with the Institute’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 (EC) No 1922/2006 of the European Parliament and of the Council of 20 December 2006 on establishing a European Institute for Gender Equality (4), and in particular Article 15 thereof,

               —

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

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Women’s Rights and Gender Equality (A7-0230/2014),

               1.

               Approves the closure of the accounts of the European Institute for Gender Equality for the financial year 2012;

               2.

               Instructs its President to forward this Decision to the Director of the European Institute for Gender Equality, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 365, 13.12.2013, p. 127.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 403, 30.12.2006, p. 9.

      (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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31982D0543

82/543/EEC: Commission Decision of 6 August 1982 accepting an undertaking given in connection with the anti-dumping proceeding concerning paracetamol (INN) crystals or powder originating in China and terminating the proceeding

Official Journal L 236 , 11/08/1982 P. 0023 - 0024

*****COMMISSION  DECISION  of 6 August 1982  accepting an undertaking given in connection with the anti-dumping proceeding concerning paracetamol (INN) crystals or powder originating in China and terminating the proceeding  (82/543/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 3017/79 of 20 December 1979 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), as amended by Regulation (EEC) No 1508/82 (2), and in particular Article 10 thereof,  Whereas in September 1981 the Commission received a complaint lodged by the European Council of Chemical Manufacturers Federations (CEFIC) on behalf of a majority of Community producers of paracetamol; whereas the complaint contained evidence of the existence of dumping in respect of the like product originating in China and of material injury resulting therefrom;  Whereas the said evidence was sufficient to justify initiating an investigation;  Whereas the Commission accordingly announced, by a notice published in the Official Journal of the European Communities (3), the initiation of a proceeding concerning imports of paracetamol originating in China and commenced an investigation of the matter at Community level;  Whereas the Commission officially so advised the exporters and importers known to be concerned;  Whereas the Commission has given the parties directly concerned the opportunity to make known their views in writing and to be heard orally, and to meet so that opposing views might be presented and arguments put forward in rebuttal;  Whereas the majority of the parties concerned have taken this opportunity;  Whereas since China is not a market economy the normal value suggested in the complaint was based on the price at which the like product was sold on the domestic market of the USA; whereas the Chinese exporter contested this basis for establishing the normal value claiming that market conditions in operation in the USA did not allow a proper comparison with the paracetamol exported by China;  Whereas the Commission decided that the normal value might be more suitably determined by reference to the constructed value of the like product in a more comparable market economy third country and therefore contacted two producers in India who agreed to cooperate in the examination of the facts; whereas allowances were made in the normal value established to take account of duties paid on imports of raw materials into India;  Whereas, in order to arrive at a preliminary determination of the existence of dumping the Commission compared the export prices of Sinochem, China National Chemicals Import and Export Corporation, Beijing, China, with the normal value as established above; whereas these comparisons were made at the ex-factory level for sales made during the period 1 January to 31 December 1981;  Whereas the investigation on dumping showed that there were varying dumping margins with the weighted average margin being 42 %;  Whereas in order to arrive at a preliminary determination of the existence of injury the Commission contacted a number of agents and importers and carried out investigations at the premises of Arnold Suhr Holding AG, Antwerp, Belgium, LPC Chemicals & Dyes Ltd, UK-London, Harbottle Ltd, Barking and Agripharm Ltd, UK-Benfleet; whereas the Commission also carried out investigations at the premises of the main complainant Community producers, namely, in the United Kingdom, Sterling Organics Ltd, Cramlington and Hartington Chemicals Ltd, Chesterfield;  Whereas, with regard to the injury caused to the Community industry, the evidence available to the Commission shows that total imports into the Community of paracetamol from China rose from approximately 82 tonnes in 1979 to 379 tonnes in 1981 and were likely to be even higher in 1982;  Whereas, in the absence of separate production and import figures relating to paracetamol, it is difficult to gauge exactly the size of the Community market for this product; whereas, nevertheless, the best information available suggests that Chinese exports to the Community are very much concentrated on the United Kingdom and to a lesser extent on Germany and that from 1979 to 1981 the Chinese market share rose from less than 1 to 14 % in the United Kingdom and from 15 to 20 % in Germany;  Whereas the resale prices in the Community of paracetamol originating in China undercut those of the Community manufacturers by 10 to 20 %;  Whereas the consequent impact on the Community industry is characterized by depression of Community prices or prevention of price increases which otherwise would have occurred;  Whereas all of the complainant Community firms are consequently making considerably reduced profits or even losses on paracetamol and the profitability of this industry as a whole is, therefore, at risk; whereas the best information available suggests that since 1979 there has been a reduction of 19 % in the numbers employed in the manufacture of paracetamol;  Whereas the main paracetamol producer in Germany who had originally supported the complaint later withdrew as a complaining party;  Whereas, nevertheless, the Commission has determined that injury was suffered by the remaining Community producers who supported the complaint and who represented a major part of the Community production of paracetamol;  Whereas the Commission has considered the injury caused by other factors which, individually or in combination, may also be affecting the Community industry; whereas it was determined that the level of demand and consumption in the Community remained relatively stable over the last three years; whereas the information available suggests that imports from other countries have been at considerably lower volumes than those from China;  Whereas the preliminary examination of the facts shows that there is dumping of paracetamol exported by Sinochem, China National Chemicals Import and Export Corporation, and that these dumped imports have in themselves consequences which have to be considered as material injury to the Community industry;  Whereas the exporter concerned was informed of the main findings of the preliminary investigation and commented on them; whereas an undertaking was subsequently offered by Sinochem, China National Chemicals Import and Export Corporation, concerning imports originating in China;  Whereas the effect of the said undertaking will be to increase import prices to the level necessary to eliminate injury; whereas these increases in no case exceed the dumping margin;  Whereas the Commission has, therefore, determined that it is not now necessary to take protective action in respect of imports of paracetamol (INN) crystals or powder originating in China;  Whereas, in these circumstances, the undertaking offered is considered acceptable and the proceeding may, therefore, be terminated without imposition of anti-dumping duties;  Whereas no objection to this course was raised in the Advisory Committee,  HAS DECIDED AS FOLLOWS:  Article 1  The Commission hereby accepts the undertaking given by Sinochem, China National Chemicals Import and Export Corporation, in connection with the anti-dumping proceeding concerning paracetamol (INN) crystals or powder falling within Common Customs Tariff subheading 29.25 III ex b) and corresponding to NIMEXE code 29.25-53, originating in China.  Article 2  The anti-dumping proceeding concerning imports of paracetamol (INN) crystals or powder originating in China is hereby terminated.  Done at Brussels, 6 August 1982.  For the Commission  Edgard PISANI  Member of the Commission  (1) OJ No L 339, 31. 12. 1979, p. 1.  (2) OJ No L 178, 22. 6. 1982, p. 9.  (3) OJ No C 337, 24. 12. 1981, p. 6.