Avis juridique important

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31997D0287

97/287/EC: Commission Decision of 2 April 1997 terminating the anti-dumping proceeding concerning imports of ball bearings with a greatest external diameter not exceeding 30 mm originating in Japan

Official Journal L 117 , 07/05/1997 P. 0028 - 0033

COMMISSION DECISION of 2 April 1997 terminating the anti-dumping proceeding concerning imports of ball bearings with a greatest external diameter not exceeding 30 mm originating in Japan (97/287/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 amended by Council Regulation (EC) No 2331/96 (2), and in particular Article 9 and Article 11 (2), (3), and (7) thereof,Following consultations within the Advisory Committee,Whereas:A. PROCEDURE (1) In July 1984, the Council, by Regulation (EEC) No 2089/84 (3), imposed a definitive anti-dumping duty on imports of ball bearings with a greatest external diameter not exceeding 30 mm (hereinafter referred to as 'SBBs`) originating in Japan and Singapore. By notice of 18 June 1988, the Commission initiated a review of the measures in force with regard to imports from Japan (4) which led to the Council amending the anti-dumping duty in force by Regulation (EEC) No 2685/90 (5).(2) On 1 October 1994, the Federation of European Bearing Manufacturers' Associations (Febma) lodged on behalf on Community producers allegedly representing a major proportion of the total Community production of SBBs a request for an interim review of the anti-dumping measures imposed by Regulation (EEC) No 2685/90.(3) The request asserted that the anti-dumping measures in force were not or were no longer sufficient to counteract the dumping which was causing injury since both the dumping and the injury resulting therefrom were alleged to have increased.(4) Considering that there was sufficient evidence to warrant the initiation of an interim review under Article 11 (3) of Council Regulation (EC) No 3283/94 of 22 December 1994 on protection against dumped imports from countries not members of the European Community (6), the Commission published on 23 March 1995 (7) a notice of initiation of an interim review of the anti-dumping measures concerning imports of SBBs originating in Japan.(5) The Commission officially advised the Community producers, the importers and the Japanese producers known to be concerned, as well as the representatives of Japan, of the opening of the investigation and gave the parties concerned the opportunity to make known their views in writing and to request a hearing.(6) The Commission sought and verified all information it deemed to be necessary for the purpose of its determination.(7) The investigation period applied in the present proceeding was from 1 January 1994 to 31 December 1994. For the analysis of the trends of the factors analysed for the purposes of establishing whether the Community industry had suffered injury caused by the imports in question, the period from 1 January 1991 to 31 December 1994 was used.(8) For the analysis of injury and in order to ensure comparability of the data collected for the period mentioned in Recital 7, data pertaining to the Community of Fifteen was applied even for the period prior to the enlargement of the Community to include Sweden, Finland and Austria.(9) The investigation exceeded the normal period because of the complexity of the assessment of the injury and causality aspects of the proceeding, which were mainly caused by the high number and degree of diversity of the types within the product investigated.(10) The Community industry, on behalf of which the request for an interim review was lodged, consists of the following producers:- SKF France SA (France),- SKF Industrie SpA (Italy),- ROL Rolamentos Portugueses SARL (Portugal),- GRW Gebr. Reinfurt GmbH & Co. KG (Germany), and- INA Kugellager Schaeffler KG (Germany).(11) During the investigation period, the following companies exported SBBs from Japan to the Community and cooperated with the Commission in the review investigation:- Sapporo Precision Ltd,- NTN Corporation Ltd,- Nankai Seiko Co., Ltd,- Nachi-Fujikoshi Corp.,- Koyo Seiko Co., Ltd,- NSK Ltd,- Inoue Jikuuke Kogyo Ltd,- Izumoto Seiko Co., Ltd,- Tottori Yamakei Bearing Seisakusho Ltd,- Nakai Bearings Co., Ltd,- Fujino Iron Works Ltd, and- NSK Micro Precision Ltd.(12) The following unrelated importer co-operated with the Commission in the present investigation: ISO Import Standard Office (France).(13) In addition, numerous end-users submitted their comments which were taken into account to the extent that they were substantiated by supporting evidence.B. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT (14) The product covered by the proceeding is single-row deep-groove radial ball bearings with a greatest external diameter not exceeding 30 mm falling within CN code 8482 10 10. The principal application for SBB is as intermediary products used in the assembly of consumer and capital goods or for replacement purposes.(15) In Japan and in the Community, SBBs are mainly sold to two categories of customers, namely industrial users and distributors.(16) It was found that SBBs produced in Japan, sold domestically and exported to the Community and SBBs produced by the Community producers are alike in their physical characteristics and uses. They were therefore considered a like product in accordance with Article 1 (4) of Regulation (EC) No 384/96.C. DEFINITION OF THE COMMUNITY INDUSTRY (17) As for the purposes of Regulation (EEC) No 2685/90 (see recital 32), the Japanese owned companies producing in the Community are not considered part of the Community industry within the meaning of Article 4 (1) (a) of Regulation (EC) No 384/96. This approach was considered justified as the companies are related to exporters from Japan of the product under investigation. The companies sell all their production to sales subsidiaries located in the Community which are also related to exporters from Japan and which are also involved in selling imported SBBs originating in Japan. It is considered that in those circumstances the producing companies located in the Community might therefore benefit from any unfair business practices. In such circumstances, the producers were considered to be behaving not as normal Community producers, but rather as a complementary source of supply for exporters accused of practising dumping.(18) One of the Community producers mentioned above in recital 10 did not submit a response to the Commission's questionnaire within the deadline set by the Commission. In view of its non-cooperation, the company in question was excluded from the Community industry as determined by the complaint and thus from the Commission's injury determination in connection with the present investigation. For the remainder of this analysis, the term Community industry refers to the cooperating Community producers which supported the complaint, whose collective output of SBBs constitutes a major proportion of total Community production within the meaning of Article 4 (1) of Regulation (EC) No 384/96.D. INJURY Consumption (19) Between 1991 and 1994, the consumption of SBBs in the Community of Fifteen increased from around 390 million pieces to around 536 million pieces, i.e. by around 38 %. The expansion of the market is the result of the influence of the general business cycle on the SBBs market during which the size of the SBBs market varies according to the general level of activity on the part of the users of SBBs.Volume and market share of imports (20) Between 1991 and the investigation period, imports of SBBs originating in Japan decreased from 808 tonnes to 618 tonnes, i.e. by 23,5 %. The sales in the Community of SBBs originating in Japan, measured in pieces, decreased from 19,6 million pieces to 18,7 million pieces, i.e. by 4,5 % in the same period.(21) In line with this decrease and contrary to the allegations by the Community industry, the market share of the imports under consideration has decreased steadily since 1991. Their market share has decreased from 5,1 % in 1991 to 3,5 % in 1994.Prices of imports (22) The prices charged for certain types by a representative selection of the Japanese producers that had submitted data on sales prices were compared with the prices charged for identical types by the Community producers, by category of customer in four Member States (Germany, the United Kingdom, France and Italy). Given their overall size and in line with past investigations concerning ball or roller bearings, these markets were considered representative for the situation in the entire Community. Based on this analysis, it was found that there is a certain amount of undercutting by Japanese imports as was determined in Regulation (EEC) No 2685/90 (see recitals 35 and 36). However, it was not considered appropriate to draw any conclusions from this analysis due to the fact that the Japanese companies involved sell too small a number of types which are identical or directly comparable to those manufactured by the Community producers in sufficient quantities for a comparison with Community producers to be meaningful. In those circumstances, as in Regulation (EEC) No 2685/90, no individual margins for price undercutting have been established for each company involved.The situation of the Community industry Sales and market shares(23) The sales of SBBs manufactured in the Community by the Community industry increased from 81,6 million pieces to 103,1 million pieces between 1991 and the investigation period, i.e. by 26,2 %. The market share of the Community industry decreased in the same period from 21,1 % to 19,2 %.Prices(24) The Community industry has claimed that the undercutting or lower price offers on the part of the Japanese exporters have had the effect of imposing pressure on prices which forced the Community SBB producers to follow the prices downwards in order to defend their market shares at great financial cost. According to the Community industry, this undercutting prevented it from obtaining price increases during 1994 which was a period of upturn after a period of recession.(25) The evolution of prices between 1991 and the end of the investigation period (1994) in the Community of the SBBs sold by the Community producers was analysed in detail for each category of customer in Germany, the United Kingdom, France and Italy in respect of types the turnover of which represented 50 % of their total turnover in the Community. On that basis, it was found that between 1991 and 1994, prices decreased on average (sales to all categories of customers) by 3,9 %. Between 1993 and 1994, however, prices increased by 1,4 %. On a customer category basis, for sales to large industrial manufacturers, which represent a majority of total turnover of the Community producers, prices decreased between 1991 and 1994 by 4,2 % and increased between 1993 and 1994 by 1,7 %. For sales to distributors, there was a price decrease of 3,1 % between 1991 and 1994 and of 0,4 % between 1993 and 1994.(26) Since the Community industry's sales volumes increased, thus reducing its production cost, the relatively stable prices benefited the Community industry. In any way, it is considered that the very limited price undercutting did not exert material downward price pressure on the Community industry. That is supported by the fact that the Commission found that the weighted average price of SBBs of Japanese origin sold in the Community increased notably during the period under investigation for the determination of injury.Profitability(27) According to the Community industry, the price undercutting and the resulting evolution of prices had significant effects on its financial results. However, an analysis of the data submitted by the Community producers in connection with the present review shows that, on the contrary, the profitability specifically relating to the product under investigation, net of any extraordinary income or cost item, rose from a profit of 1 % in 1991 to a 13 % profit in 1994, showing a significant recovery in that year.Production, capacity and capacity utilization(28) Between 1991 and 1994, the production of the Community industry increased from 93 million pieces to 135 million pieces, i.e. by 45 %. In the same period, the capacity of the Community industry, expressed in tonnes, increased slightly by 0,5 % and capacity utilization, also expressed in tonnes, increased from 74,9 % to 85,8 %.Employment(29) Between 1991 and the investigation period, employment in the Community industry decreased from 1 418 to 1 177 employees, i.e. by 17 %. It should be noted that during the investigation it appeared that significant restructuring efforts had been undertaken by most of the Community producers during the period under consideration in order to increase productivity in general. In view of public statements made by major Community producers, it is considered that restructuring was necessary to overcome structural deficiencies and to increase productivity in the long term. A comparison of the development of capacity, capacity utilization and production shows that this was accomplished - a fact which is reflected in the improved profitability.Conclusion on injury (30) An analysis of the above-mentioned injury factors such as the Community industry's profitability, production, capacity, capacity utilization and sales shows a positive trend for those factors whilst employment shows a negative trend. As to profitability, the results of the Community industry meet, or in some instances even exceed, internal targets set by certain major Community producers. This leads to the conclusion that the Community industry did not experience economic or financial difficulties.E. CAUSALITY (31) The Community industry has argued that the imports from Japan have had an injurious impact on its results, which would allegedly have been better if it had not been forced to align its prices downwards in order to meet the competition from the prices of the Japanese exporters.(32) In accordance with the provisions of Regulation (EC) No 384/96, the Commission therefore investigated whether the volumes and prices of the imports concerned were responsible for the situation of the Community industry and had an impact thereon to a degree which enables it to be classified as material within the meaning of Article 3 (6) of Regulation (EC) No 384/96. In this investigation, care was taken to ensure that any impact on the Community industry caused by other factors was not attributed to the imports concerned.(33) In this regard, firstly, the detailed analysis of the prices applied by the Community producers over the period under consideration, as outlined above, demonstrates that the imports in question did not have any material effects on the prices applied by the Community producers, nor therefore on their financial results or on any of the other factors listed above.(34) Second, it should be recalled that imports from Japan have decreased both in absolute terms and in terms of market share during the period under investigation. It is acknowledged that the market share of the Community industry also decreased, but the decrease in the market share of the Japanese imports was steeper in percentage terms than that of the Community industry. It therefore seems reasonable to conclude that, contrary to the allegations of the Community industry, it did not lose any market share to Japanese imports.(35) Third, the entire period of investigation was characterised by significant imports from countries other than Japan, the market share of such imports increasing from 51,65 % in 1991 to 63,68 % in 1994.(36) Fourth, the share of Japanese companies producing in the Community and affiliated to the exporters concerned by the present proceeding was significant throughout the period, decreasing from 12,2 % in 1991 to 10,2 % in 1994.(37) Fifth, the Community industry has argued that, weakened by past dumping, it was unable, in a period of economic upturn, to meet the demand of its customers and that, in order to invest in new capacity, it would require a substantial higher return on sales than what was registered during the investigation. However, the Commission is of the opinion that it is normal business behaviour to reduce costs, particularly when the industry is in an economic recession. On the other hand, in a booming market, it may also be normal to increase capacity and to finance this by normal financial resources. This capacity restriction should therefore not be attributed to the imports in question.(38) Finally, regarding the decrease in employment, it should be noted that during the investigation it appeared that significant restructuring efforts had been undertaken to increase productivity in general by most of the Community producers during the period under consideration. In view of public statements made by major Community producers, it is considered that the restructuring was necessary to overcome structural deficiencies and to increase productivity in the long term. A comparison of the development of capacity, capacity utilization and production shows that this was accomplished - a fact which is reflected in the improved profitability.Conclusion on causation (39) Given the above findings, it is concluded that the imports in question did not, in isolation, have a material impact on the situation of the Community industry and the allegations in the Community industry's request for an interim review that the measures in force were insufficient to offset increased injury are therefore rejected. The fact that the Community industry did not have even better results may rather be attributable to other third country imports and Japanese production in the Community.F. CIRCUMSTANCES SET OUT IN ARTICLE 11 (2) OF REGULATION (EC) No 384/96 (40) The five-year period provided for in the first subparagraph of Article 11 (2) of Regulation (EC) No 384/96 expired in September 1995. By virtue of Article 11 (7) of Regulation (EC) No 384/96, the present interim review should therefore also cover the circumstances set out in Article 11 (2) of that Regulation. The first subparagraph of Article 11 (2) of Regulation (EC) No 384/96 provides that a definitive anti-dumping measure is to expire five years from its imposition or five years from the date of the conclusion of the most recent review which covered both dumping and injury unless it is determined that the expiry would be likely to lead to a continuation or recurrence of dumping and injury. The second subparagraph of Article 11 (2) states that such a likelihood may, for example, be indicated by evidence that the removal of the injury is partly or solely due to the existence of measures or evidence that the circumstances of the exporters, or market conditions, are such that they would indicate the likelihood of further injurious dumping.(41) As was demonstrated above, the facts established show that the measures under review reduced the injurious impact of the imports in question below a material degree within the meaning of Article 3 (6) of Regulation (EC) No 384/96.(42) The Community industry has submitted that if the measure currently in force expires it is likely that material injury caused by the imports in question would recur. The Community industry bases its arguments on the following considerations: first, imports from Japan increased, in absolute terms, after the investigation period and were further depressing or suppressing prices. In spite of the data submitted by the Community industry, it cannot be concluded on the basis of the facts available that any increased import volumes will affect the trend in the development of market shares and prices of the Community industry to a material extent. Second, it claims that the imports in question will have a continuing detrimental impact irrespective of their relatively low market share and the significant market shares of the Japanese producers located in the Community. In this respect, it should be recalled that, first, the market share of Japanese imports is decreasing, second, imports from countries other than Japan are increasing and, third, Japanese production facilities located in the Community have a significant and stable market share.(43) In view of those economic trends and the above conclusion that the impact of Japanese imports on the situation of the Community industry during the period under investigation was not material and that the Community industry has recovered from past dumping, the Commission considers that it is not likely that the expiry of the anti-dumping measures currently in force would create a situation in which a materially injurious impact of these imports would recur.(44) As to the circumstances of the exporters, official statistics demonstrate that production capacity for bearings in Japan remained stable from 1990 to 1994 and subsequently increased in connection with the recovery of demand world-wide, thus supporting the above conclusion.(45) With regard to the market conditions it should be reiterated that the situation for the Community industry during 1994 showed a significant recovery in the market for SBBs. That led to increased profitability. That development was sustained and further improved after the investigation period as illustrated by general results of the major Community producers published for 1995. It is not likely that the situation will change as a result of the expiry of the current measures.G. DUMPING (46) In view of the above conclusion, the Commission did not consider it necessary to analyse whether the imports in question were dumped, and if so, whether or not the dumping margin had increased since this would not have any relevance to the above analysis and would consequently not alter the conclusions reached.H. CONCLUSION (47) In view of those findings, it is considered that the result of the interim review of the anti-dumping measures in force with respect to imports of SBBs originating in Japan is that the anti-dumping proceeding regarding those imports should be terminated in accordance with Article 9 of Regulation (EC) No 384/96 and that the anti-dumping measures presently in force should consequently expire in accordance with Article 11 (2) of Regulation (EC) No 384/96.(48) The Commission informed the interested parties, including the Community industry, of its findings. After being informed by the Commission of the above facts, findings and conclusions, representatives of the Community industry made further representations, both in writing and orally, concerning the impact of the Japanese imports in question on the Community industry. The Commission considered those representations, but concluded that they could not reverse its conclusions as mentioned above. Certain Member States raised objections to this course of action within the Advisory Committee. In accordance with Article 9 (2) of Regulation (EC) No 384/96 the Commission submitted to the Council a report on the result of the consultation, together with a proposal that the interim review be terminated and the measures in force allowed to expire. Since the Council, acting by qualified majority, did not decide otherwise within one month, the proceeding is deemed terminated,HAS DECIDED AS FOLLOWS:Article 1 The anti-dumping proceeding concerning imports of ball bearings with a greatest external diameter not exceeding 30 mm falling within CN code No 8482 10 10 originating in Japan is hereby terminated with the result that the anti-dumping measures in force concerning such imports shall expire.Article 2 This Decision shall apply as from the day following that of its publication in the Official Journal of the European Communities.Done at Brussels, 2 April 1997.For the CommissionLeon BRITTANVice-President(1) OJ No L 56, 6. 3. 1996, p. 1.(2) OJ No L 317, 6. 12. 1996, p. 1.(3) OJ No L 193, 21. 7. 1984, p. 1.(4) OJ No C 159, 18. 6. 1988, p. 2.(5) OJ No L 256, 20. 9. 1990, p. 1.(6) OJ No L 349, 31. 12. 1994, p. 1, replaced by Regulation (EC) No 384/96.(7) OJ No C 71, 23. 3. 1995, p. 4.


title: Council Decision (EU) 2017/790 of 25 April 2017 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Annex XX (Environment) to the EEA Agreement

text:
                  9.5.2017

                  EN

                  Official Journal of the European Union

                  L 119/16

            COUNCIL DECISION (EU) 2017/790
      of 25 April 2017
      on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Annex XX (Environment) to the EEA Agreement
      THE COUNCIL OF THE EUROPEAN UNION,
      Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) in conjunction with Article 218(9) thereof,
      Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,
      Having regard to the proposal from the European Commission,
      Whereas:

                  (1)

                  The Agreement on the European Economic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994.

                  (2)

                  Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Annex XX (Environment) to the EEA Agreement.

                  (3)

                  Regulation (EU) No 510/2011 of the European Parliament and of the Council (3) is to be incorporated into the EEA Agreement.

                  (4)

                  Commission Delegated Regulation (EU) No 205/2012 (4) is to be incorporated into the EEA Agreement.

                  (5)

                  Commission Implementing Regulation (EU) No 293/2012 (5) is to be incorporated into the EEA Agreement.

                  (6)

                  Commission Delegated Regulation (EU) No 114/2013 (6) is to be incorporated into the EEA Agreement.

                  (7)

                  Commission Delegated Regulation (EU) No 1047/2013 (7) is to be incorporated into the EEA Agreement.

                  (8)

                  Regulation (EU) No 253/2014 of the European Parliament and of the Council (8) is to be incorporated into the EEA Agreement.

                  (9)

                  Commission Delegated Regulation (EU) No 404/2014 (9) is to be incorporated into the EEA Agreement.

                  (10)

                  Commission Implementing Regulation (EU) No 410/2014 (10) is to be incorporated into the EEA Agreement.

                  (11)

                  Commission Implementing Regulation (EU) No 427/2014 (11) is to be incorporated into the EEA Agreement.

                  (12)

                  Annex XX (Environment) to the EEA Agreement should therefore be amended accordingly.

                  (13)

                  The position of the Union within the EEA Joint Committee should therefore be based on the attached draft decision,

            HAS ADOPTED THIS DECISION:
      Article 1
      The position to be adopted, on behalf of the Union, within the EEA Joint Committee on the proposed amendment to Annex XX (Environment) to the EEA Agreement, shall be based on the draft decision of the EEA Joint Committee attached to this Decision.
      Article 2
      This Decision shall enter into force on the date of its adoption.

         Done at Luxembourg, 25 April 2017.

               For the Council

               The President

            I. BORG

         (1)  OJ L 305, 30.11.1994, p. 6.

         (2)  OJ L 1, 3.1.1994, p. 3.

         (3)  Regulation (EU) No 510/2011 of the European Parliament and of the Council of 11 May 2011 setting emission performance standards for new light commercial vehicles as part of the Union's integrated approach to reduce CO2 emissions from light-duty vehicles (OJ L 145, 31.5.2011, p. 1).

         (4)  Commission Delegated Regulation (EU) No 205/2012 of 6 January 2012 amending Annex II to Regulation (EU) No 510/2011 of the European Parliament and of the Council with regard to the data source and the data parameters to be reported by Member States (OJ L 72, 10.3.2012, p. 2).

         (5)  Commission Implementing Regulation (EU) No 293/2012 of 3 April 2012 on monitoring and reporting of data on the registration of new light commercial vehicles pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council (OJ L 98, 4.4.2012, p. 1).

         (6)  Commission Delegated Regulation (EU) No 114/2013 of 6 November 2012 supplementing Regulation (EU) No 510/2011 of the European Parliament and of the Council with regard to rules for the application for a derogation from the specific CO2 emissions targets for new light commercial vehicles (OJ L 38, 9.2.2013, p. 1).

         (7)  Commission Delegated Regulation (EU) No 1047/2013 of 21 August 2013 amending Commission Delegated Regulation (EU) No 114/2013 for the purpose of correcting the 2010 average specific CO2 emissions specified for the manufacturer Piaggio (OJ L 285, 29.10.2013, p. 1).

         (8)  Regulation (EU) No 253/2014 of the European Parliament and of the Council of 26 February 2014 amending Regulation (EU) No 510/2011 to define the modalities for reaching the 2020 target to reduce CO2 emissions from new light commercial vehicles (OJ L 84, 20.3.2014, p. 38).

         (9)  Commission Delegated Regulation (EU) No 404/2014 of 17 February 2014 amending Annex II to Regulation (EU) No 510/2011 of the European Parliament and of the Council as regards the monitoring of CO2 emissions from new light commercial vehicles type-approved in a multi-stage process (OJ L 121, 24.4.2014, p. 1).

         (10)  Commission Implementing Regulation (EU) No 410/2014 of 23 April 2014 amending Implementing Regulation (EU) No 293/2012 as regards the monitoring of CO2 emissions from new light commercial vehicles type-approved in a multi-stage process (OJ L 121, 24.4.2014, p. 21).

         (11)  Commission Implementing Regulation (EU) No 427/2014 of 25 April 2014 establishing a procedure for the approval and certification of innovative technologies for reducing CO2 emissions from light commercial vehicles pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council (OJ L 125, 26.4.2014, p. 57).

         DRAFT
         DECISION OF THE EEA JOINT COMMITTEE No …
         of …
         amending Annex XX (Environment) to the EEA Agreement
         THE EEA JOINT COMMITTEE,
         Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,
         Whereas:

                     (1)

                     Regulation (EU) No 510/2011 of the European Parliament and of the Council of 11 May 2011 setting emission performance standards for new light commercial vehicles as part of the Union's integrated approach to reduce CO2 emissions from light-duty vehicles (1) is to be incorporated into the EEA Agreement.

                     (2)

                     Commission Delegated Regulation (EU) No 205/2012 of 6 January 2012 amending Annex II to Regulation (EU) No 510/2011 of the European Parliament and of the Council with regard to the data source and the data parameters to be reported by Member States (2) is to be incorporated into the EEA Agreement.

                     (3)

                     Commission Implementing Regulation (EU) No 293/2012 of 3 April 2012 on monitoring and reporting of data on the registration of new light commercial vehicles pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council (3) is to be incorporated into the EEA Agreement.

                     (4)

                     Commission Delegated Regulation (EU) No 114/2013 of 6 November 2012 supplementing Regulation (EU) No 510/2011 of the European Parliament and of the Council with regard to rules for the application for a derogation from the specific CO2 emissions targets for new light commercial vehicles (4) is to be incorporated into the EEA Agreement.

                     (5)

                     Commission Delegated Regulation (EU) No 1047/2013 of 21 August 2013 amending Commission Delegated Regulation (EU) No 114/2013 for the purpose of correcting the 2010 average specific CO2 emissions specified for the manufacturer Piaggio (5) is to be incorporated into the EEA Agreement.

                     (6)

                     Regulation (EU) No 253/2014 of the European Parliament and of the Council of 26 February 2014 amending Regulation (EU) No 510/2011 to define the modalities for reaching the 2020 target to reduce CO2 emissions from new light commercial vehicles (6) is to be incorporated into the EEA Agreement.

                     (7)

                     Commission Delegated Regulation (EU) No 404/2014 of 17 February 2014 amending Annex II to Regulation (EU) No 510/2011 of the European Parliament and of the Council as regards the monitoring of CO2 emissions from new light commercial vehicles type-approved in a multi-stage process (7) is to be incorporated into the EEA Agreement.

                     (8)

                     Commission Implementing Regulation (EU) No 410/2014 of 23 April 2014 amending Implementing Regulation (EU) No 293/2012 as regards the monitoring of CO2 emissions from new light commercial vehicles type-approved in a multi-stage process (8) is to be incorporated into the EEA Agreement.

                     (9)

                     Commission Implementing Regulation (EU) No 427/2014 of 25 April 2014 establishing a procedure for the approval and certification of innovative technologies for reducing CO2 emissions from light commercial vehicles pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council (9) is to be incorporated into the EEA Agreement.

                     (10)

                     Annex XX to the EEA Agreement should therefore be amended accordingly,

               HAS ADOPTED THIS DECISION:
         Article 1
         The following is inserted after point 21av (Directive 2009/33/EC of the European Parliament and of the Council) of Annex XX to the EEA Agreement:

                     ‘21aw.

                        32011 R 0510: Regulation (EU) No 510/2011 of the European Parliament and of the Council of 11 May 2011 setting emission performance standards for new light commercial vehicles as part of the Union's integrated approach to reduce CO2 emissions from light-duty vehicles (OJ L 145, 31.5.2011, p. 1), as amended by:

                                 —

                                    32012 R 0205: Commission Delegated Regulation (EU) No 205/2012 of 6 January 2012 (OJ L 72, 10.3.2012, p. 2),

                                 —

                                    32014 R 0253: Regulation (EU) No 253/2014 of the European Parliament and of the Council of 26 February 2014 (OJ L 84, 20.3.2014, p. 38),

                                 —

                                    32014 R 0404: Commission Delegated Regulation (EU) No 404/2014 of 17 February 2014 (OJ L 121, 24.4.2014, p. 1).

                           The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:

                                 (a)

                                 The following subparagraph shall be added in Article 7(2):
                                 ‘If the pool includes only manufacturers established in the EFTA States, the manufacturers shall file the information with the EFTA Surveillance Authority. If the pool includes at least one manufacturer established in the Union and at least one manufacturer established in the EFTA States, the manufacturers shall file the information with the Commission and the EFTA Surveillance Authority.’.

                                 (b)

                                 The following subparagraph shall be added in Article 7(3):
                                 ‘The EFTA Surveillance Authority shall notify manufacturers established in the EFTA States.’.

                                 (c)

                                 The following subparagraph shall be added in Article 7(4):
                                 ‘If the pool includes only manufacturers established in the EFTA States, the manufacturers shall jointly inform the EFTA Surveillance Authority. If the pool includes or is extended to include at least one manufacturer established in the Union and at least one manufacturer established in the EFTA States, the manufacturers shall jointly inform both the Commission and the EFTA Surveillance Authority.’.

                                 (d)

                                 In Article 7(5), the words ‘Articles 101 and 102 TFEU’ shall read ‘Articles 53 and 54 of the EEA Agreement’ and the word ‘Union’ shall read ‘EEA’.

                                 (e)

                                 In Article 7(7) and Article 10(1), the words ‘or the EFTA Surveillance Authority’ shall be inserted after the word ‘Commission’.

                                 (f)

                                 The data reported by the EFTA States shall also be kept in the central register referred to in Article 8(4).

                                 (g)

                                 The following subparagraph shall be added in Article 8(4):
                                 ‘The EFTA Surveillance Authority shall make the calculations set out in the first subparagraph for manufacturers established in the EFTA States and notify each manufacturer established in the EFTA States in accordance with the second subparagraph.’.

                                 (h)

                                 Without prejudice to Protocol 1 to the Agreement, in Article 8(5) and (6), Article 11(3), (4), (5) and (6), the words ‘or the EFTA Surveillance Authority, as the case may be,’ shall be inserted after the word ‘Commission’.

                                 (i)

                                 The following subparagraphs shall be added in Article 9(1):
                                 ‘Where the manufacturer or pool manager is established in an EFTA State, the EFTA Surveillance Authority shall impose the excess emissions premium.
                                 The amounts of the excess emissions premium shall be distributed between the Commission and the EFTA Surveillance Authority proportionally to the share of the registrations of new light commercial vehicles in the EU or in the EFTA States, respectively, relative to the total number of new light commercial vehicles registered in the EEA.’.

                                 (j)

                                 The following subparagraphs shall be added in Article 9(3):
                                 ‘The European Commission shall use its established means for collecting excess emissions premiums as stipulated in Commission Decision 2012/99/EU under paragraph 1 also in relation to the registrations in EFTA States of manufacturers established in the EU.
                                 The EFTA Surveillance Authority shall determine the means for collecting excess emissions premiums under paragraph 1. These means shall be based on the Commission's means.’.

                                 (k)

                                 The following subparagraph shall be added in Article 9(4):
                                 ‘For the EFTA States, the EFTA States shall determine the allocation of the amounts of the excess emissions premium.’.

                                 (l)

                                 Without prejudice to Protocol 1 to the Agreement, in Article 11(2), the words ‘, or, in the case of a manufacturer established in the EFTA States, to the EFTA Surveillance Authority,’ shall be inserted after the word ‘Commission’.

                                 (m)

                                 The following subparagraph shall be added in Article 12(2):
                                 ‘Suppliers or manufacturers established in the EFTA States shall send applications pursuant to this Article to the Commission. The Commission shall give the same priority to such applications as to other applications pursuant to this article.’.

                                 (n)

                                 The following subparagraph shall be added in Article 12(4):
                                 ‘Commission Decisions approving innovative technologies pursuant to this Article are generally applicable and shall be incorporated into the EEA Agreement.’.

                                 (o)

                                 This Regulation shall not apply to Liechtenstein.

                     21awa.

                        32012 R 0293: Commission Implementing Regulation (EU) No 293/2012 of 3 April 2012 on monitoring and reporting of data on the registration of new light commercial vehicles pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council (OJ L 98, 4.4.2012, p. 1), as amended by:

                                 —

                                    32014 R 0410: Commission Implementing Regulation (EU) No 410/2014 of 23 April 2014 (OJ L 121, 24.4.2014, p. 21).

                           The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:

                                 (a)

                                 In Articles 9 and 10, the words ‘, or, in the case of a manufacturer established in the EFTA States, to the EFTA Surveillance Authority,’ shall be inserted after the word ‘Commission’.

                                 (b)

                                 Article 10 (a) (3) shall not apply as regards the EFTA Surveillance Authority.

                     21awb.

                        32013 R 0114: Commission Delegated Regulation (EU) No 114/2013 of 6 November 2012 supplementing Regulation (EU) No 510/2011 of the European Parliament and of the Council with regard to rules for the application for a derogation from the specific CO2 emissions targets for new light commercial vehicles (OJ L 38, 9.2.2013, p. 1), as amended by:

                                 —

                                    32013 R 1047: Commission Delegated Regulation (EU) No 1047/2013 of 21 August 2013 (OJ L 285, 29.10.2013, p. 1).

                           The Regulation shall, for the purposes of this Agreement, be read with the following adaptations:

                                 (a)

                                 Without prejudice to Protocol 1 to the Agreement, in Article 6(1), the words ‘, or the EFTA Surveillance Authority, as the case may be,’ shall be inserted after the word ‘Commission’.

                                 (b)

                                 Article 6(2) and the email set out in Annex I shall not apply as regards the EFTA Surveillance Authority.

                     21awc.

                        32014 R 0427: Commission Implementing Regulation (EU) No 427/2014 of 25 April 2014 establishing a procedure for the approval and certification of innovative technologies for reducing CO2 emissions from light commercial vehicles pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council (OJ L 125, 26.4.2014, p. 57).’.

               Article 2
         The texts of Regulations (EU) No 510/2011 and (EU) No 253/2014, Delegated Regulations (EU) No 205/2012, (EU) No 114/2013, (EU) No 1047/2013 and (EU) No 404/2014 and Implementing Regulations (EU) No 293/2012, (EU) No 410/2014 and (EU) No 427/2014 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
         Article 3
         This Decision shall enter into force on […], provided tht all the notifications under Article 103(1) of the EEA Agreement have been made (*1).
         Article 4
         This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

            Done at Brussels,

                  For the EEA Joint Committee

                  The President

                  The Secretaries to the EEA Joint Committee

            (1)  OJ L 145, 31.5.2011, p. 1.

            (2)  OJ L 72, 10.3.2012, p. 2.

            (3)  OJ L 98, 4.4.2012, p. 1.

            (4)  OJ L 38, 9.2.2013, p. 1.

            (5)  OJ L 285, 29.10.2013, p. 1.

            (6)  OJ L 84, 20.3.2014, p. 38.

            (7)  OJ L 121, 24.4.2014, p. 1.

            (8)  OJ L 121, 24.4.2014, p. 21.

            (9)  OJ L 125, 26.4.2014, p. 57.

            (*1)  [No constitutional requirements indicated.] [Constitutional requirements indicated.]


title: 2014/59/EU: Commission Decision of 5 February 2014 on the safety requirements to be met by European standards for consumer laser products pursuant to Directive 2001/95/EC of the European Parliament and of the Council on general product safety  Text with EEA relevance

text:
               6.2.2014

               EN

               Official Journal of the European Union

               L 36/20

      COMMISSION DECISION

   of 5 February 2014
   on the safety requirements to be met by European standards for consumer laser products pursuant to Directive 2001/95/EC of the European Parliament and of the Council on general product safety
   (Text with EEA relevance)
   (2014/59/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (1), and in particular Article 4(1)(a) thereof,
   Whereas:

               (1)

               Products covered by Directive 2001/95/EC which conform to national standards transposing European standards drawn up under that Directive benefit from a presumption of safety as far as the risks covered by the standards are concerned.

               (2)

               European standards are to be drawn up on the basis of safety requirements intended to ensure that products which conform to the standards satisfy the general safety requirement set out in Article 3 of Directive 2001/95/EC.

               (3)

               Laser products, in particular hand-held, battery-powered laser pointers, that pose a risk of damage to sight and to the skin have become widely available to consumers.

               (4)

               The current European standard for laser products (EN 60825-1:2007 ‘Safety of laser products – Part 1: Equipment classification and requirements’) provides that the hazard of laser products has to be assessed and that laser products have to carry appropriate warning labels and be supplied with user instructions that contain all relevant safety information. However, compliance with that standard does not ensure that a laser product is safe to be used by consumers.

               (5)

               Currently there is a widespread consensus that laser products corresponding to classes 1, 1M, 2 and 2M of the classification put in place by the standard referred to in recital 4 can be considered safe when used by consumers (provided that exposure to laser radiation does not take place with optical viewing instruments in case of products corresponding to classes 1M and 2M). This is not the case however for laser products of other laser classes.

               (6)

               European standards should be drawn up in such a way as not to hamper technical innovation. For this reason, any standard for consumer laser products should not ban completely any products as far as the products can be used safely, bearing in mind that any damage to the eyes or unintended damage to the skin, whether reversible or irreversible, is incompatible with a high level of consumer health and safety protection.

               (7)

               It is therefore appropriate to determine the safety requirements for consumer laser products in order to be able to submit a request to the European standardisation bodies to develop a new European standard or amend the current European standard.

               (8)

               The measures provided for in this Decision are in accordance with the opinion of the Committee on General Product Safety,

         HAS ADOPTED THIS DECISION:
   Article 1
   Definitions
   For the purpose of this Decision:

               (1)

               ‘consumer laser product’ means any product or assembly of components that:

                           (a)

                           is intended for consumers, or likely to be used by consumers under reasonably foreseeable conditions even if not intended for them; and

                           (b)

                           constitutes or incorporates a laser or laser system and during operation permits access to laser radiation;

               (2)

               ‘child appealing consumer laser product’ means a consumer laser product that:

                           (a)

                           resembles, by virtue of its form or design, anything that is commonly recognized as being appealing to, or intended for use by, children; or

                           (b)

                           has any other feature or characteristic, not necessary for the function of the product, that is likely to be appealing to children;

               (3)

               ‘damage to the eyes or the skin’ means any effect of laser radiation detrimental to the structure or function of the eyes or the skin, whether reversible or irreversible.

         Article 2
   Safety requirements
   The safety requirements to be met by European standards for consumer laser products pursuant to Directive 2001/95/EC shall be the following:

               (1)

               child appealing consumer laser products shall not cause damage to the eyes or the skin in case of any exposure to laser radiation that could occur under any conditions of use, including deliberate long-term exposure with optical viewing instruments;

               (2)

               all other consumer laser products shall not cause damage to the eyes or unintended damage to the skin in case of any exposure to laser radiation that could occur under normal or reasonably foreseeable conditions of use, including momentary accidental or unintentional exposure; any intended damage to the skin caused by consumer laser products shall be compatible with a high level of consumer health and safety protection;

               (3)

               conformity with points 1 and 2 shall be achieved by technical means;

               (4)

               in the case of products that conform with point 2, if exposure to laser radiation that would cause damage to the eyes or the skin could occur under conditions of use other than those referred to in point 2, those products shall carry appropriate warning labels and shall be supplied with user instructions that contain all relevant safety information.

         Article 3
   Entry into force
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 5 February 2014.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 11, 15.1.2002, p. 4.


title: 2004/417/EC:Commission Decision of 29 April 2004 concerning the financial contribution by the Community towards the OIE Conference on rabies in Europe and Central Asia in 2004

text:
30.4.2004                  EN                Official Journal of the European Union            L 151/81
                                        COMMISSION DECISION
                                              of 29 April 2004
 concerning the financial contribution by the Community towards the OIE Conference on
                               rabies in Europe and Central Asia in 2004
                              (notified under document number C(2004) 1619)
                                               (2004/417/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary
field1, and in particular Article 20 thereof,
Whereas:
(1)      Under Decision 90/424/EEC the Community is to undertake or assist the Member States
         in undertaking the technical and scientific measures necessary for the development of
         Community veterinary legislation and for the development of veterinary education or
         training.
(2)      The Office International des Epizooties (OIE) with the two European OIE reference
         laboratories FCRV-Wusterhausen and AFSSA-Nancy have taken the initiative of
         organising a large scale Conference on rabies in Europe and Central Asia. This Conference
         is to focus on new scientific developments in the field of rabies diagnostic, epidemiology
         and vaccine and practical aspects of the control of the disease.
(3)      The Community has for almost ten years made financial contributions towards
         programmes for the eradication of rabies in infected Member States under Decision
         90/424/EEC. As a result of that measure the disease has been almost eradicated
         throughout the territory of the Community. Nevertheless programmes are still maintained
         in regions bordering certain Acceding States and third countries.
(4)      It was decided in 2003 to co-finance, within the PHARE programme, rabies control
         programmes in Estonia, Hungary, Latvia, Lithuania, Poland and Slovenia. Those
         campaigns are to start in 2004 and will continue until 2006.
1
         OJ L 224, 18.8.1990, p. 19. Decision as last amended by Regulation (EC) No 806/2003 (OJ L 122,
         16.5.2003, p. 1).
 ---pagebreak--- L 151/82                 EN               Official Journal of the European Union       30.4.2004
(5)     Programmes for the eradication of rabies in the Czech Republic and in Slovakia for the
        year 2004 have been approved and granted financial contributions from the Community
        under Commission Decision 2003/849/EC2.
(6)     Any action which could facilitate policy decisions in favour of a promotion of rabies
        control in countries in Eastern Europe and Central Asia should be encouraged.
(7)     A Conference on rabies control which could result in improvements in the strategies in
        force and in better information for competent authorities in Eastern Europe and Central
        Asia should make a useful contribution and the Community should consequently support
        the organisation of that conference.
(8)     The publication and dissemination by the Community of technical and scientific materials
        related to the OIE conference on rabies in Europe and Central Asia in December 2004 will
        contribute to the further development of Community veterinary legislation and veterinary
        education or training.
(9)     The financial resources necessary for the Community contribution to the OIE Conference
        on rabies in December 2004 should therefore be engaged.
(10)    This financial contribution from the Community should be granted subject to the
        conference actually being carried out as planned.
(11)    The measures provided for in this Decision are in accordance with the opinion of the
        Standing Committee on the Food Chain and Animal Health.
HAS DECIDED AS FOLLOWS:
                                              Sole Article
The action to publish and disseminate the technical and scientific materials related to the OIE
conference on rabies in Europe and Central Asia in December 2004, to be financed from budget
line 17.04.02 of the budget of the European Union for 2004 to a maximum amount of EUR 50
000 is hereby approved.
Done at Brussels, 29 April 2004
                                                 For the Commission
                                                 David BYRNE
                                                 Member of the Commission
                                             _________
2
        OJ L 322, 9.12.2003, 16.


Avis juridique important

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32002D0353

2002/353/EC: Council Decision of 25 April 2002 on declassifying Part II of the Common Manual adopted by the Executive Committee established by the Convention implementing the Schengen Agreement of 14 June 1985

Official Journal L 123 , 09/05/2002 P. 0049 - 0049

Council Decisionof 25 April 2002on declassifying Part II of the Common Manual adopted by the Executive Committee established by the Convention implementing the Schengen Agreement of 14 June 1985(2002/353/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 207 thereof,Whereas:(1) By its Decision of 14 December 1993 (SCH/Com-ex (93) 22 rev) and 23 June 1998 (SCH/Com-ex (98) 17), the Executive Committee established by the Convention implementing the Schengen Agreement of 14 June 1985, which was replaced by the Council pursuant to Article 2 of the Schengen Protocol, classified as "Confidential" all the provisions of the Common Manual, a new version of which was adopted by the Decision of the said Executive Committee on 28 April 1999 (SCH/Com-ex (99) 13)(1).(2) The Common Manual and the decisions of the Executive Committee on its classification form part of the Schengen acquis as defined by the Council in its Decision 1999/435/EC(2).(3) Part I and several Annexes of the Common Manual have been declassified under Council Decision 2000/751/EC(3).(4) Part II of the Common Manual should also be declassified.(5) It is appropriate to repeal the Executive Committee decisions (SCH/Com-ex (93) 22 rev) and (SCH/Com-ex (98) 17) in so far as they relate to the Common Consular Instructions and the Common Manual, so that future decisions on their classification may be taken in accordance with the rules on the classification of documents set out in Council Decision 2001/264/EC of 19 March 2001 adopting the Council's security regulations(4),HAS DECIDED AS FOLLOWS:Article 11. Part II of the Common Manual shall be declassified.2. Annexes 14b, 6b and 6c of the Common Manual, corresponding to Annexes 5, 9 and 10 of the Common Consular Instructions, shall remain classified as confidential.Article 2Part II of the Common Manual shall be published in the Official Journal of the European Communities.Article 31. The decisions of the Schengen Executive Committee of 14 December 1993 (SCH/Com-ex (93) 22 rev) and of 23 June 1998 (SCH/Com-ex (98) 17) shall be repealed in so far as they relate to the Common Consular Instructions and the Common Manual.2. Future decisions on the classification of the Common Consular Instructions and the Common Manual shall be taken in accordance with the provisions of Decision 2001/264/EC.Article 4This Decision shall take effect on the day of its publication in the Official Journal of the European Communities.Done at Luxembourg, 25 April 2002.For the CouncilThe PresidentM. Rajoy Brey(1) The Common Manual as last amended by Council Decision 2002/352/EC (page 47 of this Official Journal).(2) OJ L 176, 10.7.1999, p. 1.(3) OJ L 303, 2.12.2000, p. 29.(4) OJ L 101, 11.4.2001, p. 1.


Avis juridique important

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31999D0201

1999/201/EC: Council Decision of 14 December 1998 on the conclusion of the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products

Official Journal L 071 , 18/03/1999 P. 0001 - 0002

COUNCIL DECISION of 14 December 1998 on the conclusion of the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products (1999/201/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with Article 228(2), first sentence thereof,Having regard to the proposal from the Commission,Whereas the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products provides an adequate means for putting into practice the provisions of the World Trade Organisation Agreement on the Application of Sanitary and Phytosanitary Measures as regards public and animal health measures;Whereas the Agreement will contribute towards facilitating bilateral trade between the European Community and Canada in live animals and animal products through the progressive recognition of the equivalence of sanitary measures, the recognition of animal health status, the application of regionalisation and the improvement of communication and cooperation;Whereas it is appropriate to make provisions for a procedure establishing close and effective cooperation between the Commission and the Member States within the Standing Veterinary Committee;Whereas the Agreement should be approved on behalf of the Community,HAS DECIDED AS FOLLOWS:Article 1The Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products is hereby approved on behalf of the Community.The text of the Agreement and the Annexes thereto are attached to this Decision.Article 2The President of the Council is hereby authorised to designate the person or persons empowered to sign the Agreement in order to bind the Community.Article 3The measures necessary for the implementation of this Agreement, including guarantees with regard to fresh meat and meat-based products equivalent to those laid down by Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries (1), shall be established pursuant to the procedure laid down in Article 30 of that Directive.Article 4The Commission, assisted by Member States' representatives, shall represent the Community in the Joint Management Committee referred to in Article 16(1) of the Agreement.The Community position with regard to the matters to be dealt with by that Joint Management Committee shall be established within the appropriate Council bodies, in accordance with the provisions of the Treaty.Amendments to the Annexes to the Agreement which are the result of recommendations by the Joint Management Committee shall be adopted in accordance with the procedure laid down in Article 29 of Directive 72/462/EEC.Article 5This Decision shall be published in the Official Journal of the European Communities.It shall take effect on the date of its publication.Done at Brussels, 14 December 1998.For the CouncilThe PresidentW. MOLTERER(1) OJ L 302, 31.12.1972, p. 28. Directive as last amended by Directive 97/79/EC (OJ L 24, 30.1.1998, p. 31).


title: Council Decision (EU) 2017/1364 of 17 July 2017 on the position to be adopted on behalf of the European Union within the EU-Republic of Moldova Association Council as regards the amendment of Annex XXVI to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part

text:
               22.7.2017

               EN

               Official Journal of the European Union

               L 191/3

         COUNCIL DECISION (EU) 2017/1364
   of 17 July 2017
   on the position to be adopted on behalf of the European Union within the EU-Republic of Moldova Association Council as regards the amendment of Annex XXVI to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207, in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (1) (the ‘Ageement’) was signed on 27 June 2014.

               (2)

               Article 201 of the Agreement provides for the gradual approximation to the Union's customs law and certain international law to be carried out as set out in Annex XXVI to the Agreement.

               (3)

               Annex XXVI to the Agreement specifies that approximation with the provisions of Council Regulation (EEC) No 2913/92 (2) is to be carried out by the Republic of Moldova within 3 years following the entry into force of the Agreement.

               (4)

               Regulation (EEC) No 2913/92 has been repealed and, since 1 May 2016, the substantive provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council (3) are in application in the Union.

               (5)

               At the meeting of the EU-Republic of Moldova Customs Sub-Committee held on 6 October 2016, it was concluded that Annex XXVI to the Agreement should be amended accordingly.

               (6)

               The position of the Union within the EU-Republic of Moldova Association Council (the ‘Association Council’) should therefore be based on the attached draft Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The position to be adopted on behalf of the Union within the Association Council as regards the amendment of Annex XXVI of the Agreement shall be based on the draft Decision attached to this Decision.
   2.   The representatives of the Union in Association Council may agree to minor technical corrections to the draft Decision referred to in paragraph 1 without further decision of the Council.
   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 Brussels, 17 July 2017.

            For the Council

            The President

         T. TAMM

      (1)  OJ L 260, 30.8.2014, p. 4.

      (2)  Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1).

      (3)  Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).

      DRAFT
      DECISION No …/2017 OF THE EU-REPUBLIC OF MOLDOVA ASSOCIATION COUNCIL
      of … 2017
      as regards the amendment of Annex XXVI to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part
      THE EU-REPUBLIC OF MOLDOVA ASSOCIATION COUNCIL,
      Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, and in particular Article 436(3) thereof,
      Whereas:

                  (1)

                  The Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (1) (the ‘Agreement’) was signed on 27 June 2014.

                  (2)

                  Article 201 of the Agreement provides for the gradual approximation to the Union's customs law and certain international law to be carried out as set out in Annex XXVI to the Agreement.

                  (3)

                  Annex XXVI to the Agreement specifies that approximation with the provisions of Council Regulation (EEC) No 2913/92 (2) is to be carried out by the Republic of Moldova within three years following the entry into force of the Agreement.

                  (4)

                  Regulation (EEC) No 2913/92 has been repealed and, since 1 May 2016, the substantive provisions of Regulation (EU) No 952/2013 (3) of the European Parliament and of the Council are in application in the Union.

                  (5)

                  At the meeting of the EU-Republic of Moldova Customs Sub-Committee held on 6 October 2016, it was concluded that Annex XXVI to the Agreement should be amended accordingly,

            HAS ADOPTED THIS DECISION:
      Article 1
      Annex XXVI to the Agreement is amended as set out in the Annex to this Decision.
      Article 2
      This Decision shall enter into force on the date of its adoption.

         Done at …,

               For the Association Council

               The Chair

         (1)  OJ L 260, 30.8.2014, p. 4.

         (2)  Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1).

         (3)  Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).

      ANNEX
      The first section of Annex XXVI to the Agreement is amended as follows:
      The reference ‘Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code’ is replaced by the reference ‘Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code’.


title: 87/458/EEC: Council Decision of 11 December 1986 concerning the provisional application of the Agreement between the European Economic Community and the Republic of the Philippines on trade in textile products

text:
5 . 9 . 87                               Official Journal of the European Communities                                      No L 255 / 43
                                                     COUNCIL DECISION
                                                      of 11 December 1986
                 concerning the provisional application of the Agreement between the European Economic
                         Community and the Republic of the Philippines on trade in textile products
                                                         ( 87 / 458 / EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              in textile products shall be applied provisionally as from
                                                                       1 January 1987 pending its formal conclusion provided that
Having regard to the Treaty establishing the European                  there is a reciprocal provisional application on the part of the
Economic Community , and in particular Article 113                     contracting country .
thereof,
Having regard to the proposal from the Commission ,                    The text of the Agreement is attached to this Decision ( ! ).
Whereas the Commission has , on behalf of the European
Economic Community , negotiated an Agreement with the
Philippines on trade in textile products ;                                                           Article 2
Whereas the said Agreement should be applied provisionally
as from 1 January 1987 pending the completion of the                   The Commission is invited to inform the contracting country
procedures necessary for its conclusion , provided that there          of this Decision and seek its agreement thereto , which will be
is a reciprocal provisional application on the part of the             duly communicated to the Council .
contracting country ,
HAS DECIDED AS FOLLOWS :
                                                                       Done at Brussels , 11 December 1986 .
                          Article 1                                                                                For the Council
                                                                                The President
The Agreement between the European Economic
Community and the Republic of the Philippines on trade                                                               K. CLARKE
                                                                       (') For technical reasons this Agreement is published in the Official
                                                                           Journal ofthe European Communities in the language in whicbfit
                                                                           was negotiated.