Avis juridique important

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31996D0554

96/554/EC: Decision No 162 of 31 May 1996 concerning the interpretation of Articles 14 (1) and 14b (1) of Council Regulation (EEC) No 1408/71 on the legislation applicable to posted workers

Official Journal L 241 , 21/09/1996 P. 0028 - 0030

DECISION No 162 of 31 May 1996 concerning the interpretation of Articles 14 (1) and 14b (1) of Council Regulation (EEC) No 1408/71 on the legislation applicable to posted workers (96/554/EC)THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,Having regard to Article 81 (a) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to the members of their families moving within the Community, under which it is made responsible for dealing with all administrative questions or questions of interpretation arising from the provisions of Regulation (EEC) No 1408/71 and subsequent Regulations,Whereas Decision No 128 of 17 October 1985 should be brought up to date;Whereas, on the one hand, the provisions of Articles 14 (1) and 14b (1) of Regulation (EEC) No 1408/71 provide for an exception to the general rule laid down in Article 13 (2) (a) or (c) of the said Regulation so as to facilitate in practice the exercise by the worker of his right to free movement;Whereas the purpose of these provisions is thus to avoid, for workers, employers and social security institutions, the administrative complications which would result from the application of the general rule laid down in Article 13 (2) (a) or (c) of the said Regulation where the period of employment is of short duration in a Member State or on a vessel flying the flag of a Member State other than the State in which the undertaking has its registered office or a place of business;Whereas Articles 14 (1) and 14b (1) of Regulation (EEC) No 1408/71 should, as exceptions, be interpreted strictly;Whereas their scope should be delimited more precisely and, to this end, several specific cases that are likely to arise should be listed;Whereas, notwithstanding the fact that the exceptions to the general rules provided for in Article 13 of the said Regulation should be interpreted strictly, the scope of Article 14 (1) or 14b (1) of the said Regulation should for the sake of simplicity be extended to cover the case of a worker who is engaged in a Member State in which the undertaking has its registered office or place of business with a view to being posted to another Member State or to a vessel flying the flag of another Member State, in order to take account of the case law of the Court of Justice;Whereas, to this end, one of the decisive criteria for the application of Article 14 (1) or 14b (1) of the said Regulation is the existence of a direct relationship between the undertaking and the worker it engages;Whereas the protection of the worker and the legal security to which he and the institution with which he is insured are entitled, require full guarantees that the direct relationship be maintained throughout the period of posting; whereas the possibility provided in this case should therefore be restricted to undertakings which normally carry out their activities in the Member State to whose legislation the posted worker remains subject;Whereas any abusive extensions of the period of posting due to repeated temporary interruptions should be avoided;Whereas there can no longer be any guarantee of maintaining the direct relationship if the posted worker is made available to a third undertaking;Whereas the administrative complications which Article 14 (1) seeks to avoid will at any rate arise if a worker engaged by an undertaking established in a Member State with a view to being posted to another Member State had previously been subject to the legislation of a third Member State or of a non-member country and, a fortiori, if he had previously been subject to the legislation of the Member State to which he is posted; whereas the purpose of Article 14 (1) would thus be disregarded; whereas the same applies, mutatis mutandis, to Article 14b (1);Whereas it is necessary to carry out, throughout the period of posting, all the checks, in particular with regard to the payment of contributions and the maintenance of the direct relationship, required to prevent wrongful use of the abovementioned provisions, and to ensure that administrative bodies, employers and workers are suitably informed;Whereas the worker and the employer must be duly informed of the conditions under which the posted worker is allowed to remain subject to the legislation of the country from which he has been posted;Acting in accordance with the provisions of Article 80 (3) of Regulation (EEC) No 1408/71,HAS DECIDED AS FOLLOWS:1. The provisions of Articles 14 (1) and 14b (1) of Regulation (EEC) No 1408/71 shall apply to a worker subject to the legislation of a Member State (sending State) by virtue of the pursuit of an activity in the employ of an undertaking who is sent by that undertaking to another Member State (State of employment) in order to perform work there for the said undertaking.The work shall be regarded as being performed for the undertaking of the sending State if it has been established that this work is being performed for that undertaking and that there continues to exist a direct relationship between the worker and the undertaking that posted him.In order to establish whether such a direct relationship continues to exist, and to determine whether the worker remains in the employ of the undertaking which posted him, a number of elements have to be taken into account, including responsibility of recruitment, employment contract, dismissal and determination of the nature of the work.2. Within the framework of the provisions of paragraph 1 of this Decision, the abovementioned Articles 14 (1) and 14b (1) shall continue to apply in particular under the following conditions:(a) Posting of regular staffIf the worker, posted by the undertaking in the sending State to an undertaking in the State of employment, is also posted to one or more other undertakings in the same State of employment, in so far, however, as the worker continues to carry out his work for the undertaking which posted him.This may be the case, in particular, if the undertaking posted the worker to a Member State in order to perform work there successively or simultaneously in two or more undertakings situated in the same Member State.(b) Posting of staff engaged with a view to being postedIf the worker subject to the legislation of a Member State in accordance with the provisions of Regulation (EEC) No 1408/71 is engaged in that Member State, in which the undertaking has its registered office or place of business, with a view to being posted on behalf of that undertaking either to another Member State or to a vessel flying the flag of another Member State, provided that:(i) there exists a direct relationship between that undertaking and the worker during his period of posting;and(ii) the undertaking normally carries out its activity in the territory of the first Member State, i.e.:- in the case of an undertaking whose activity consists in making staff temporarily available to other undertakings, that it usually makes staff available to hirers established in the territory of that State with a view to being employed there, and- in other cases, that the undertaking carries out substantial activities in the territory of the first Member State and usually employs its staff here.(c) Temporary interruption of the worker's activities with the undertaking in the State of employment shall not constitute an interruption of the posting within the meaning of Articles 14 (1) and 14b (1).3. The provisions of the aforementioned Articles 14 (1) and 14b (1) shall not apply or shall cease to apply in particular:(a) if the undertaking to which the worker has been posted places him at the disposal of another undertaking in the Member State in which it is situated;(b) if the worker posted to a Member State is placed at the disposal of an undertaking situated in another Member State;(c) if the worker is recruited in a Member State in order to be sent by an undertaking situated in a second Member State to an undertaking in a third Member State.4. (a) The competent institution of the Member State to whose legislation the person concerned remains subject pursuant to the aforementioned Articles 14 (1) and 14b (1), in the cases provided for by this Decision, shall duly inform the employer and the worker concerned of the conditions under which the posted worker may continue to be subject to its legislation. The employer shall thus be informed of the possibility of checks throughout the period of posting so as to ascertain that this period has not come to an end. Such checks may relate, in particular, to the payment of contributions and the maintenance of the direct relationship.(b) Moreover, the posted worker and his employer shall inform the competent institution of the sending State of any change occurring during the period of posting, in particular:- if the posting applied for has in the end not taken place or if the extension of the posting applied for has in the end not taken place,- if the activity is interrupted in a case other than that provided for in paragraph 2 (c) of this Decision,- if the posted worker has been assigned by his employer to another undertaking in the sending State, in particular in the event of merger or transfer of an undertaking.(c) The competent institution of the sending State shall, where appropriate and upon request, provide the institution of the State of employment with the information referred to in subparagraph (b).(d) The competent institutions of the sending State and of the State of employment shall cooperate in carrying out the above mentioned checks and where there is any doubt concerning the applicability of Article 14 (1) (a) or (b) of Regulation (EEC) No 1408/71.5. This Decision, which replaces Decision No 128 of 17 October 1985, shall apply from the first day of the month following its publication in the Official Journal of the European Communities.G. MICCIOChairman of the Administrative Commission


Avis juridique important

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31992D0169

92/169/EEC: Commission Decision of 9 March 1992 suspending the examination procedure concerning illicit commercial practices within the meaning of Council Regulation (EEC) No 2641/84 consisting of the imposition in Japan of a port charge or fee used for the creation of a Harbour Management Fund

Official Journal L 074 , 20/03/1992 P. 0047 - 0048

COMMISSION DECISION  of 9 March 1992  suspending the examination procedure concerning illicit commercial practices within the meaning of Council Regulation (EEC) No 2641/84 consisting of the imposition in Japan of a port charge or fee used for the  creation of a Harbour Management Fund  (92/169/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2641/84 of 17 September 1984 on the strengthening of the common commercial policy with regard in particular to protection against illicit commercial practices (1),  After consultation within the Advisory Committee in accordance with the abovementioned Regulation,  Whereas:  A. COMPLAINANT  (1) On 7 January 1991, the Commission received a complaint from the European Community Shipowners' Associations (ECSA, hereafter referred to as 'the complainant') on behalf of shipping lines representing about 90 % of all Community liner shipping  companies transporting goods to and from Japan.  B. SUBJECT OF THE COMPLAINT  (2) The complaint alleged that in November 1989 a port charge or fee was introduced by the Japan Harbour Transportation Association (hereafter 'JHTA') on all cargoes moving through Japanese ports for the creation of a so-called 'Harbour Management  Fund'. The alleged purpose of this Fund was to ensure a stable and regular supply of dock labour and to update and modernize the Japanese import distribution system. According to the complaint, the Japan Foreign Steamship Association (hereafter 'JFSA'),  representing all non-Japanese shipping lines, had originally refused payment. However, as it was allegedly pointed out that refusal to sign an 'agreement' accepting the charge would create a substantial risk that the vessels of the refusing shipping  lines would suffer serious difficulties when being loaded or unloaded in Japanese ports, in the end all shipping lines, including those from the Community, signed up to an 'agreement' covering the period from 1 October 1989 to 31 March 1990. Allegedly  this 'agreement' was subsequently renewed for the period from 1 April 1990 to 31 March 1991.  (3) The complaint submitted that the charge for the Harbour Management Fund constituted an illicit commercial practice within the meaning of Article 2 of Council Regulation (EEC) No 2641/84. Arguments presented were that in practice Community shipping  lines were forced to make contributions to the Fund, that they had no real influence over the use of the money collected, that the purpose for which the money was actually used (i.e. the construction of inland distribution centres) represented no  benefit to Community shipping lines, and that the charges were discriminatory in the sense that the charge for cabotage trade (reserved to Japanse shipping lines) was only one fourth approximately of the charge for imports and exports.  (4) According to the complaint, this illicit commercial practice should be attributed to Japan, because the Harbour Management Fund had been authorized and guided by the Japanse Ministry of Transport (MOT), and because JHTA itself operated under the  guidance of MOT and had obtained through MOT's approval its powerful position as intermediary between dock labour trade unions and shipping lines, a position which easily lent itself to abuse if not properly supervised.  (5) The complaint further alleged that this illicit commercial practice caused injury to Community shipping lines in the order of US$ 4,5 million per year. The uncertainty which the creation of the Fund introduced in trading relations would also pose a  threat of injury to EEC - Japan trade in general.  (6) The complaint concluded by urging the Community to take appropriate action to secure the early elimination of the Harbour Management Fund.  C. EXAMINATION PROCEDURE  (7) As the complaint contained sufficient evidence to justify initiating an examination procedure, and as initiating such a procedure was considered to be in the interest of the Community, the Commission, after consultation within the Advisory Committee  in accordance with Article 6 of Council Regulation (EEC) No 2641/84, announced the initiation of an examination procedure under the said Regulation into the matter of the Japanese Harbour Management Fund in a notice published in the Official Journal of  the European Communities (2).  (8) The Commission officially notified the complainant, the Japanese Government and parties directly concerned in Japan of the initiation of the examination procedure. It also gave the parties concerned the opportunity to make their views known in  writing and request a hearing. No request for a hearing was received. No written submissions were made at this time.  (9) The Commission commenced the examination at Community level by sending questionnaires to Community shipowners known to be concerned. All addresses replied in a satisfactory manner. The information provided by the most important companies was  verified on the spot.  (10) Simultaneously, the Commission commenced the examination on the Japanese side by requesting the information it deemed necessary from the Japanese Government and interested parties in Japan. This information was received only at a very late stage in  the procedure, but the Commission nevertheless decided to take it into account.  (11) In accordance with Article 6 (9) of Regulation (EEC) No 2641/84, the Commission reported the findings of its examination to the Advisory Committee established under the said Regulation at the end of the seven months examination period. A  non-confidential version of these findings was transmitted to the Japanese Government and the complainant.  (12) As the Japanese Government indicated that it was willing to cooperate with the Commission to quickly resolve the problem of the Harbour Management Fund, the Commission, after consultation within the Advisory Committee, decided to extend the  examination procedure to permit the necessary consultations with the Japanese Government. A notice of this extension was published in the Official Journal of the European Communities (3).  (13) During the consultations with the Japanese Government, the Commission received formal assurances that the Harbour Management Fund will be discontinued after 31 March 1992, that it will not continue in a different guise, and that the views of  foreign shipping lines regarding the utilization reintroduced of the money collected and not yet disbursed will be adequately reflected. This was later confirmed in writing. The Commission considers that these assurances are satisfactory and should,  when duly implemented, result in the removal of the injury to Community shipping lines within the meaning of Article 1 (a) of Council Regulation (EEC) No 2641/84.  (14) Under the circumstances described above, the Commission considers that it is in the interest of the Community and of an effective application of Council Regulation (EEC) No 2641/84 to suspend the examination procedure. This suspension will be  reviewed by the Commission when sufficient time has elapsed after the discontinuation of the Harbour Management Fund so as to give a reasonable guarantee that the scheme will not be reintroduced in a different form.  (15) The Commission has informed the complainant and the Japanese Government of its conclusions and the principal underlying facts and considerations,  HAS DECIDED AS FOLLOWS:  Sole Article  The examination procedure concerning illicit commercial practices within the meaning of Council Regulation (EEC) No 2641/84 consisting of the imposition in Japan of a port charge or fee used for the creation of the Harbour Management Fund  is herewith suspended until further notice.Done at Brussels, 9 March 1992.For the Commission  Frans ANDRIESSEN  Vice-President   (1) OJ No L 252, 20. 9. 1984, p. 1.(2) OJ No C 40, 16. 2. 1991, p. 18.(3) OJ No C 287, 5. 11. 1991, p. 5.


title: 2010/50/: Council Decision of 25 January 2010 amending Annex 2, Schedule A, to the Common Consular Instructions on visas for the diplomatic missions and consular posts, in relation to visa requirements for holders of diplomatic passports from Saudi Arabia

text:
               30.1.2010

               EN

               Official Journal of the European Union

               L 26/22

         COUNCIL DECISION
   of 25 January 2010
   amending Annex 2, Schedule A, to the Common Consular Instructions on visas for the diplomatic missions and consular posts, in relation to visa requirements for holders of diplomatic passports from Saudi Arabia
   (2010/50/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EC) No 789/2001 of 24 April 2001 reserving to the Council implementing powers with regard to certain detailed provisions and practical procedures for examining visa applications (1), and in particular Article 1(1) thereof,
   Having regard to the initiative of French Republic,
   Whereas:

               (1)

               Annex 2, Schedule A, to the Common Consular Instructions (2) contains the list of countries whose nationals are not subject to a visa requirement in one or more Schengen States when they are holders of diplomatic, official or service passports, but who are subject to this requirement when they are holders of ordinary passports.

               (2)

               France wishes to exempt holders of diplomatic passports from Saudi Arabia from the visa requirement. The Common Consular Instructions should therefore be amended accordingly.

               (3)

               This Decision constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis
                   (3); the United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.

               (4)

               This Decision constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis
                   (4); Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application.

               (5)

               In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application. Given that this Decision builds upon the Schengen acquis, Denmark shall, in accordance with Article 4 of the said Protocol, decide within a period of six months after the Council has decided on this Decision, whether it will implement it in its national law.

               (6)

               As regards Iceland and Norway, this Decision constitutes a development of provisions of the Schengen acquis, within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis
                   (5), which fall within the area referred to in Article 1, point Β of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of that Agreement (6).

               (7)

               As regards Switzerland, this Decision constitutes a development of provisions of the Schengen acquis, within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis
                   (7), which fall within the area referred to in Article 1, point Β, of Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2008/146/EC (8) on the conclusion, on behalf of the European Community, of that Agreement.

               (8)

               As regards Liechtenstein, this Decision constitutes a development of provisions of the Schengen acquis, within the meaning of the Protocol signed between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1, point Β of Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2008/261/EC (9) on the signature, on behalf of the European Community, and on the provisional application of certain provisions of that Protocol.

               (9)

               This Decision constitutes an act building upon the Schengen acquis or otherwise related to it within the meaning of Article 3(2) of the 2003 Act of Accession.

               (10)

               This Decision constitutes an act building upon the Schengen acquis or otherwise related to it within the meaning of Article 4(2) of the 2005 Act of Accession,

         HAS ADOPTED THIS DECISION:
   Article 1
   In Annex 2, Schedule A, to the Common Consular Instructions, the letter ‘D’ shall be inserted in the ‘FR’ column against the entry for Saudi Arabia.
   Article 2
   This Decision shall enter into force on 1 February 2010.
   Article 3
   This Decision is addressed to the Member States in accordance with the Treaties.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 25 January 2010.

            For the Council

            The President

         M. Á. MORATINOS

      (1)  OJ L 116, 26.4.2001, p. 2.

      (2)  OJ C 326, 22.12.2005, p. 1.

      (3)  OJ L 131, 1.6.2000, p. 43.

      (4)  OJ L 64, 7.3.2002, p. 20.

      (5)  OJ L 176, 10.7.1999, p. 36.

      (6)  OJ L 176, 10.7.1999, p. 31.

      (7)  OJ L 53, 27.2.2008, p. 52.

      (8)  OJ L 53, 27.2.2008, p. 1.

      (9)  OJ L 83, 26.3.2008, p. 3.


title: Responsibilities of committees European Parliament decision of 6 May 2009 on the powers and responsibilities of the standing committees

text:
               5.8.2010

               EN

               Official Journal of the European Union

               CE 212/126

         Wednesday 6 May 2009Responsibilities of committees
   P6_TA(2009)0348
   European Parliament decision of 6 May 2009 on the powers and responsibilities of the standing committees
   2010/C 212 E/23

      The European Parliament,
   having regard to the proposal by the Conference of Presidents,
   having regard to Rule 174 of its Rules of Procedure,

               1.

               Decides to set up the following standing committees:

                           I.

                           Committee on Foreign Affairs,

                           II.

                           Committee on Development

                           III.

                           Committee on International Trade

                           IV.

                           Committee on Budgets

                           V.

                           Committee on Budgetary Control

                           VI.

                           Committee on Economic and Monetary Affairs

                           VII.

                           Committee on Employment and Social Affairs

                           VIII.

                           Committee on the Environment, Public Health and Food Safety

                           IX.

                           Committee on Industry, Research and Energy

                           X.

                           Committee on Internal Market and Consumer Protection

                           XI.

                           Committee on Transport and Tourism

                           XII.

                           Committee on Regional Development

                           XIII.

                           Committee on Agriculture and Rural Development

                           XIV.

                           Committee on Fisheries

                           XV.

                           Committee on Culture and Education

                           XVI.

                           Committee on Legal Affairs

                           XVII.

                           Committee on Civil Liberties, Justice and Home Affairs

                           XVIII.

                           Committee on Constitutional Affairs

                           XIX.

                           Committee on Women’s Rights and Gender Equality

                           XX.

                           Committee on Petitions;

               2.

               Decides to replace Annex VI to its Rules of Procedure by the following:

                  Wednesday 6 May 2009‘ANNEX VI
                  Powers and responsibilities of standing committees

                        I.

                        Committee on Foreign Affairs

                  Committee responsible for:

                              1.

                              the common foreign and security policy (CFSP) and the European security and defence policy (ESDP). In this context the committee is assisted by a subcommittee on security and defence;

                              2.

                              relations with other EU institutions and bodies, the UNO and other international organisations and interparliamentary assemblies for matters falling under its responsibility;

                              3.

                              the strengthening of political relations with third countries, particularly those in the immediate vicinity of the Union, by means of major cooperation and assistance programmes or international agreements such as association and partnership agreements;

                              4.

                              the opening, monitoring and concluding of negotiations concerning the accession of European States to the Union;

                              5.

                              issues concerning human rights, the protection of minorities and the promotion of democratic values in third countries. In this context the committee is assisted by a subcommittee on human rights. Without prejudice to the relevant rules, members from other committees and bodies with responsibilities in this field shall be invited to attend the meetings of the subcommittee.

                        The committee coordinates the work of joint parliamentary committees and parliamentary cooperation committees as well as that of the interparliamentary delegations and ad hoc delegations and election observation missions falling within its remit.

                        II.

                        Committee on Development

                  Committee responsible for:

                              1.

                              the promotion, implementation and monitoring of the development and cooperation policy of the Union, notably:

                                          (a)

                                          political dialogue with developing countries, bilaterally and in the relevant international organisations and interparliamentary fora,

                                          (b)

                                          aid to, and cooperation agreements with, developing countries,

                                          (c)

                                          promotion of democratic values, good governance and human rights in developing countries;

                              2.

                              matters relating to the ACP-EU Partnership Agreement and relations with the relevant bodies;

                              3.

                              Parliament’s involvement in election observation missions, when appropriate in cooperation with other relevant committees and delegations.

                        The committee coordinates the work of the interparliamentary delegations and ad hoc delegations falling within its remit.

                        III.

                        Committee on International Trade

                  Committee responsible for:
                  matters relating to the establishment and implementation of the Union’s common commercial policy and its external economic relations, in particular:

                              1.

                              financial, economic and trade relations with third countries and regional organisations;

                              2.

                              measures of technical harmonisation or standardisation in fields covered by instruments of international law;

                              3.

                              relations with the relevant international organisations and with organisations promoting regional economic and commercial integration outside the Union;

                              4.

                              relations with the WTO, including its parliamentary dimension.

                        The committee liaises with the relevant interparliamentary and ad hoc delegations for the economic and trade aspects of relations with third countries.

                        IV.

                        Committee on Budgets

                  Committee responsible for:

                              1.

                              the multiannual financial framework of the Union’s revenue and expenditure and the Union’s system of own resources;

                              2.

                              Parliament’s budgetary prerogatives, namely the budget of the Union as well as the negotiation and implementation of interinstitutional agreements in this field;

                              3.

                              Parliament’s estimates according to the procedure defined in the Rules;

                              4.

                              the budget of the decentralised bodies;

                              5.

                              the financial activities of the European Investment Bank;

                              6.

                              the budgetisation of the European Development Fund, without prejudice to the powers of the committee responsible for the ACP-EU Partnership Agreement;

                              7.

                              financial implications and compatibility with the multiannual Financial Framework of all Community acts, without prejudice to the powers of the relevant committees;

                              8.

                              keeping track of and assessing the implementation of the current budget notwithstanding Rule 72(1), transfers of appropriations, procedures relating to the establishment plans, administrative appropriations and opinions concerning buildings-related projects with significant financial implications;

                              9.

                              the Financial Regulation, excluding matters relating to the implementation, management and control of the budget.

                        V.

                        Committee on Budgetary Control

                  Committee responsible for:

                              1.

                              the control of the implementation of the budget of the Union and of the European Development Fund, and the decisions on discharge to be taken by Parliament, including the internal discharge procedure and all other measures accompanying or implementing such decisions;

                              2.

                              the closure, presenting and auditing of the accounts and balance sheets of the Union, its institutions and any bodies financed by it, including the establishment of appropriations to be carried over and the settling of balances;

                              3.

                              the control of the financial activities of the European Investment Bank;

                              4.

                              monitoring the cost-effectiveness of the various forms of Community financing in the implementation of the Union’s policies;

                              5.

                              consideration of fraud and irregularities in the implementation of the budget of the Union, measures aiming at preventing and prosecuting such cases, and the protection of the Union’s financial interests in general;

                              6.

                              relations with the Court of Auditors, the appointment of its members and consideration of its reports;

                              7.

                              the Financial Regulation as far as the implementation, management and control of the budget are concerned.

                        VI.

                        Committee on Economic and Monetary Affairs

                  Committee responsible for:

                              1.

                              the economic and monetary policies of the Union, the functioning of Economic and Monetary Union and the European monetary and financial system (including relations with the relevant institutions or organisations);

                              2.

                              the free movement of capital and payments (cross-border payments, single payment area, balance of payments, capital movements and borrowing and lending policy, control of movements of capital originating in third countries, measures to encourage the export of the Union’s capital);

                              3.

                              the international monetary and financial system (including relations with financial and monetary institutions and organisations);

                              4.

                              rules on competition and State or public aid;

                              5.

                              tax provisions;

                              6.

                              the regulation and supervision of financial services, institutions and markets including financial reporting, auditing, accounting rules, corporate governance and other company law matters specifically concerning financial services.

                        VII.

                        Committee on Employment and Social Affairs

                  Committee responsible for:

                              1.

                              employment policy and all aspects of social policy such as working conditions, social security and social protection;

                              2.

                              health and safety measures at the workplace;

                              3.

                              the European Social Fund;

                              4.

                              vocational training policy, including professional qualifications;

                              5.

                              the free movement of workers and pensioners;

                              6.

                              social dialogue;

                              7.

                              all forms of discrimination at the workplace and in the labour market except those based on sex;

                              8.

                              relations with:

                                          —

                                          the European Centre for the Development of Vocational Training (Cedefop),

                                          —

                                          the European Foundation for the Improvement of Living and Working Conditions,

                                          —

                                          the European Training Foundation,

                                          —

                                          the European Agency for Safety and Health at Work;

                                    as well as relations with other relevant EU bodies and international organisations.

                        VIII.

                        Committee on the Environment, Public Health and Food Safety

                  Committee responsible for:

                              1.

                              environmental policy and environmental protection measures, in particular concerning:

                                          (a)

                                          air, soil and water pollution, waste management and recycling, dangerous substances and preparations, noise levels, climate change, protection of biodiversity,

                                          (b)

                                          sustainable development,

                                          (c)

                                          international and regional measures and agreements aimed at protecting the environment,

                                          (d)

                                          restoration of environmental damage,

                                          (e)

                                          civil protection,

                                          (f)

                                          the European Environment Agency,

                                          (g)

                                          the European Chemicals Agency;

                              2.

                              public health, in particular:

                                          (a)

                                          programmes and specific actions in the field of public health,

                                          (b)

                                          pharmaceutical and cosmetic products,

                                          (c)

                                          health aspects of bioterrorism,

                                          (d)

                                          the European Agency for the Evaluation of Medicinal Products and the European Centre of Disease Prevention and Control;

                              3.

                              food safety issues, in particular:

                                          (a)

                                          the labelling and safety of foodstuffs,

                                          (b)

                                          veterinary legislation concerning protection against risks to human health; public health checks on foodstuffs and food production systems,

                                          (c)

                                          the European Food Safety Authority and the European Food and Veterinary Office.

                        IX.

                        Committee on Industry, Research and Energy

                  Committee responsible for:

                              1.

                              the Union’s industrial policy and the application of new technologies, including measures relating to SMEs;

                              2.

                              the Union’s research policy, including the dissemination and exploitation of research findings;

                              3.

                              space policy;

                              4.

                              the activities of the Joint Research Centre and the Central Office for Nuclear Measurements, as well as JET, ITER and other projects in the same area;

                              5.

                              Community measures relating to energy policy in general, the security of energy supply and energy efficiency including the establishment and development of trans-European networks in the energy infrastructure sector;

                              6.

                              the Euratom Treaty and Euratom Supply Agency; nuclear safety, decommissioning and waste disposal in the nuclear sector;

                              7.

                              the information society and information technology, including the establishment and development of trans-European networks in the telecommunication infrastructure sector.

                        X.

                        Committee on the Internal Market and Consumer Protection

                  Committee responsible for:

                              1.

                              coordination at Community level of national legislation in the sphere of the internal market and of the customs union, in particular:

                                          (a)

                                          the free movement of goods including the harmonisation of technical standards,

                                          (b)

                                          the right of establishment,

                                          (c)

                                          the freedom to provide services except in the financial and postal sectors;

                              2.

                              measures aiming at the identification and removal of potential obstacles to the functioning of the internal market;

                              3.

                              the promotion and protection of the economic interests of consumers, except for public health and food safety issues, in the context of the establishment of the internal market.

                        XI.

                        Committee on Transport and Tourism

                  Committee responsible for:

                              1.

                              matters relating to the development of a common policy for rail, road, inland waterway, maritime and air transport, in particular:

                                          (a)

                                          common rules applicable to transport within the European Union,

                                          (b)

                                          the establishment and development of trans-European networks in the area of transport infrastructure,

                                          (c)

                                          the provision of transport services and relations in the field of transport with third countries,

                                          (d)

                                          transport safety,

                                          (e)

                                          relations with international transport bodies and organisations;

                              2.

                              postal services;

                              3.

                              tourism.

                        XII.

                        Committee on Regional Development

                  Committee responsible for:
                  regional and cohesion policy, in particular:

                              (a)

                              the European Regional Development Fund, the Cohesion Fund and the other instruments of the Union’s regional policy,

                              (b)

                              assessing the impact of other Union policies on economic and social cohesion,

                              (c)

                              coordination of the Union’s structural instruments,

                              (d)

                              outermost regions and islands as well as trans-frontier and interregional cooperation,

                              (e)

                              relations with the Committee of the Regions, interregional cooperation organisations and local and regional authorities.

                        XIII.

                        Committee on Agriculture and Rural Development

                  Committee responsible for:

                              1.

                              the operation and development of the common agricultural policy;

                              2.

                              rural development, including the activities of the relevant financial instruments;

                              3.

                              legislation on:

                                          (a)

                                          veterinary and plant-health matters, animal feedingstuffs provided such measures are not intended to protect against risks to human health,

                                          (b)

                                          animal husbandry and welfare;

                              4.

                              the improvement of the quality of agricultural products;

                              5.

                              supplies of agricultural raw materials;

                              6.

                              the Community Plant Variety Office;

                              7.

                              forestry.

                        XIV.

                        Committee on Fisheries

                  Committee responsible for:

                              1.

                              the operation and development of the common fisheries policy and its management;

                              2.

                              the conservation of fishery resources;

                              3.

                              the common organisation of the market in fishery products;

                              4.

                              structural policy in the fisheries and aquaculture sectors, including the financial instruments for fisheries guidance;

                              5.

                              international fisheries agreements.

                        XV.

                        Committee on Culture and Education

                  Committee responsible for:

                              1.

                              the cultural aspects of the European Union, and in particular:

                                          (a)

                                          improving the knowledge and dissemination of culture,

                                          (b)

                                          the protection and promotion of cultural and linguistic diversity,

                                          (c)

                                          the conservation and safeguarding of cultural heritage, cultural exchanges and artistic creation;

                              2.

                              the Union’s education policy, including the European higher education area, the promotion of the system of European schools and lifelong learning;

                              3.

                              audiovisual policy and the cultural and educational aspects of the information society;

                              4.

                              youth policy and the development of a sports and leisure policy;

                              5.

                              information and media policy;

                              6.

                              cooperation with third countries in the areas of culture and education and relations with the relevant international organisations and institutions.

                        XVI.

                        Committee on Legal Affairs

                  Committee responsible for:

                              1.

                              the interpretation and application of European law, compliance of European Union acts with primary law, notably the choice of legal bases and respect for the principles of subsidiarity and proportionality;

                              2.

                              the interpretation and application of international law, in so far as the European Union is affected;

                              3.

                              the simplification of Community law, in particular legislative proposals for its official codification;

                              4.

                              the legal protection of Parliament’s rights and prerogatives, including its involvement in actions before the Court of Justice and the Court of First Instance;

                              5.

                              Community acts which affect the Member States’ legal order, namely in the fields of:

                                          (a)

                                          civil and commercial law,

                                          (b)

                                          company law,

                                          (c)

                                          intellectual property law,

                                          (d)

                                          procedural law;

                              6.

                              measures concerning judicial and administrative cooperation in civil matters;

                              7.

                              environmental liability and sanctions against environmental crime;

                              8.

                              ethical questions related to new technologies, applying the procedure with associated committees with the relevant committees;

                              9.

                              the Statute for Members and the Staff Regulations of the European Communities;

                              10.

                              privileges and immunities as well as verification of Members’ credentials;

                              11.

                              the organisation and statute of the Court of Justice;

                              12.

                              the Office for Harmonisation in the Internal Market.

                        XVII.

                        Committee on Civil Liberties, Justice and Home Affairs

                  Committee responsible for:

                              1.

                              the protection within the territory of the Union of citizens’ rights, human rights and fundamental rights, including the protection of minorities, as laid down in the Treaties and in the Charter of Fundamental Rights of the European Union;

                              2.

                              the measures needed to combat all forms of discrimination other than those based on sex or those occurring at the workplace and in the labour market;

                              3.

                              legislation in the areas of transparency and of the protection of natural persons with regard to the processing of personal data;

                              4.

                              the establishment and development of an area of freedom, security and justice, in particular:

                                          (a)

                                          measures concerning the entry and movement of persons, asylum and migration,

                                          (b)

                                          measures concerning an integrated management of the common borders,

                                          (c)

                                          measures relating to police and judicial cooperation in criminal matters;

                              5.

                              the European Monitoring Centre for Drugs and Drug Addiction and the European Monitoring Centre on Racism and Xenophobia, Europol, Eurojust, Cepol and other bodies and agencies in the same area;

                              6.

                              the determination of a clear risk of a serious breach by a Member State of the principles common to the Member States.

                        XVIII.

                        Committee on Constitutional Affairs

                  Committee responsible for:

                              1.

                              the institutional aspects of the European integration process, in particular in the framework of the preparation and proceedings of conventions and intergovernmental conferences;

                              2.

                              the implementation of the EU Treaty and the assessment of its operation;

                              3.

                              the institutional consequences of enlargement negotiations of the Union;

                              4.

                              interinstitutional relations, including, in view of their approval by Parliament, examination of interinstitutional agreements pursuant to Rule 120(2) of the Rules of Procedure;

                              5.

                              uniform electoral procedure;

                              6.

                              political parties at European level, without prejudice to the competences of the Bureau;

                              7.

                              the determination of the existence of a serious and persistent breach by a Member State of the principles common to the Member States;

                              8.

                              the interpretation and application of the Rules of Procedure and proposals for amendments thereto.

                        XIX.

                        Committee on Women’s Rights and Gender Equality

                  Committee responsible for:

                              1.

                              the definition, promotion and protection of women’s rights in the Union and related Community measures;

                              2.

                              the promotion of women’s rights in third countries;

                              3.

                              equal opportunities policy, including equality between men and women with regard to labour market opportunities and treatment at work;

                              4.

                              the removal of all forms of discrimination based on sex;

                              5.

                              the implementation and further development of gender mainstreaming in all policy sectors;

                              6.

                              the follow-up and implementation of international agreements and conventions involving the rights of women;

                              7.

                              information policy on women.

                        XX.

                        Committee on Petitions

                  Committee responsible for:

                              1.

                              petitions;

                              2.

                              relations with the European Ombudsman.’;

               3.

               Decides that this decision will enter into force on the first day of the first part-session of the seventh parliamentary term;

               4.

               Instructs its President to forward this decision to the Council and the Commission, for information.


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41981D0058

81/58/ECSC: Decision of the Representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council of 20 January 1981 laying down the arrangements applicable to trade between the Hellenic Republic and the OCT in products covered by that Community

Official Journal L 053 , 27/02/1981 P. 0067 - 0068 Spanish special edition: Chapter 11 Volume 14 P. 0172  Portuguese special edition Chapter 11 Volume 14 P. 0172

++++DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY , MEETING WITHIN THE COUNCIL  OF 20 JANUARY 1981  LAYING DOWN THE ARRANGEMENTS APPLICABLE TO TRADE BETWEEN THE HELLENIC REPUBLIC AND THE OCT IN PRODUCTS COVERED BY THAT COMMUNITY   ( 81/58/ECSC )  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY , MEETING WITHIN THE COUNCIL ,  WHEREAS THE MEMBER STATES HAVE CONCLUDED AMONG THEMSELVES THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY ;  WHEREAS THE 1979 ACT OF ACCESSION PROVIDES FOR THE NECESSITY OF ADJUSTMENTS AND TRANSITIONAL MEASURES AS REGARDS TRADE RELATIONS BETWEEN THE HELLENIC REPUBLIC AND CERTAIN THIRD COUNTRIES ;  IN AGREEMENT WITH THE COMMISSION ,  HAVE DECIDED AS FOLLOWS :  ARTICLE 1  FROM 28 FEBRUARY 1981 UNTIL 28 FEBRUARY 1985 , THE ARRANGEMENTS APPLICABLE TO TRADE BETWEEN THE HELLENIC REPUBLIC AND THE OCT SHALL BE THOSE RESULTING FROM DECISION 76/570/ECSC ( 1 ) OPENING TARIFF PREFERENCES FOR ECSC PRODUCTS ORIGINATING IN THE OCT , AS LAST AMENDED BY DECISION 80/163/ECSC ( 2 ) , AND FROM THE ANNEX HERETO .  ARTICLE 2  MEMBER STATES SHALL TAKE THE MEASURES NECESSARY TO IMPLEMENT THIS DECISION .  DONE AT BRUSSELS , 20 JANUARY 1981 .  THE PRESIDENT  CH . A . VAN DER KLAAUW  ( 1 ) OJ NO L 176 , 1 . 7 . 1976 , P . 99 .  ( 2 ) OJ NO L 35 , 12 . 2 . 1980 , P . 27 .  ANNEX  SPECIFIC CONDITIONS OF APPLICATION OF DECISION 76/570/ECSC TO TAKE ACCOUNT OF THE ACCESSION OF THE HELLENIC REPUBLIC  ARTICLE 1  FOR THE PRODUCTS COVERED BY DECISION 76/570/ECSC , THE HELLENIC REPUBLIC SHALL PROGRESSIVELY ABOLISH CUSTOMS DUTIES ON IMPORTS OF PRODUCTS ORIGINATING IN THE OCT IN ACCORDANCE WITH THE FOLLOWING TIMETABLE :   - ON 28 FEBRUARY 1981 , EACH DUTY SHALL BE REDUCED TO 90 % OF THE BASIC DUTY ,   - ON 1 JANUARY 1982 , EACH DUTY SHALL BE REDUCED TO 80 % OF THE BASIC DUTY ,   - THE FOUR OTHER REDUCTIONS OF 20 % EACH SHALL BE MADE ON :   - 1 JANUARY 1983 ,   - 1 JANUARY 1984 ,   - 1 JANUARY 1985 ,   - 1 JANUARY 1986 .  ARTICLE 2  THE BASIC DUTY TO WHICH THE SUCCESSIVE REDUCTIONS AS PROVIDED FOR IN ARTICLE 1 ARE TO BE APPLIED SHALL , FOR EACH PRODUCT , BE THE DUTY ACTUALLY APPLIED ON 1 JULY 1980 BY THE HELLENIC REPUBLIC IN RESPECT OF THE OCT .  ARTICLE 3  1 . THE HELLENIC REPUBLIC SHALL PROGRESSIVELY ABOLISH CHARGES HAVING AN EQUIVALENT EFFECT TO CUSTOMS DUTIES ON IMPORTS OF PRODUCTS ORIGINATING IN THE OCT IN ACCORDANCE WITH THE FOLLOWING TIMETABLE :   - ON 28 FEBRUARY 1981 , EACH CHARGE SHALL BE REDUCED TO 90 % OF THE BASIC RATE ,   - ON 1 JANUARY 1982 , EACH CHARGE SHALL BE REDUCED TO 80 % OF THE BASIC RATE ,   - THE FOUR OTHER REDUCTIONS OF 20 % EACH SHALL BE MADE ON :   - 1 JANUARY 1983 ,   - 1 JANUARY 1984 ,   - 1 JANUARY 1985 ,   - 1 JANUARY 1986 .  2 . THE BASIC RATE TO WHICH THE SUCCESSIVE REDUCTIONS AS PROVIDED FOR IN PARAGRAPH 1 ARE TO BE APPLIED , SHALL , FOR EACH PRODUCT BE THE RATE APPLIED BY THE HELLENIC REPUBLIC ON 31 DECEMBER 1980 IN RESPECT OF THE COMMUNITY OF NINE .  3 . ANY CHARGE HAVING AN EQUIVALENT EFFECT TO A CUSTOMS DUTY ON IMPORTS INTRODUCED AS FROM 1 JANUARY 1979 IN TRADE BETWEEN GREECE AND THE OCT SHALL BE ABOLISHED ON 28 FEBRUARY 1981 .  ARTICLE 4  IF THE HELLENIC REPUBLIC SUSPENDS OR REDUCES , MORE QUICKLY THAN ENVISAGED IN THE ESTABLISHED TIMETABLE , CUSTOMS DUTIES OR CHARGES HAVING AN EQUIVALENT EFFECT ON PRODUCTS IMPORTED FROM THE COMMUNITY OF NINE , THE HELLENIC REPUBLIC SHALL ALSO SUSPEND OR REDUCE , TO THE SAME LEVEL , THE DUTIES OR CHARGES HAVING AN EQUIVALENT EFFECT ON PRODUCTS ORIGINATING IN THE OCT .  ARTICLE 5  1 . IMPORT DEPOSITS AND CASH PAYMENTS IN FORCE IN GREECE ON 31 DECEMBER 1980 WITH REGARD TO IMPORTS OF PRODUCTS ORIGINATING IN THE OCT SHALL BE PROGRESSIVELY ELIMINATED OVER A PERIOD OF THREE YEARS FROM 28 FEBRUARY 1981 .  THE RATE OF IMPORT DEPOSITS AND CASH PAYMENTS SHALL BE REDUCED IN ACCORDANCE WITH THE FOLLOWING TIMETABLE :   - 28 FEBRUARY 1981 : 25 % ,   - 1 JANUARY 1982 : 25 % ,   - 1 JANUARY 1983 : 25 % ,   - 1 JANUARY 1984 : 25 % .  2 . IF THE HELLENIC REPUBLIC REDUCES TOWARDS THE COMMUNITY OF NINE THE RATE OF IMPORT DEPOSITS OR CASH PAYMENTS MORE QUICKLY THAN PROVIDED UNDER THE TIMETABLE SET OUT IN PARAGRAPH 1 , THE HELLENIC REPUBLIC SHALL MAKE THE SAME REDUCTION WITH REGARD TO IMPORTS OF PRODUCTS ORIGINATING IN THE OCT .


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31995D0478

95/478/EC: Commission Decision of 14 November 1995 terminating the anti-dumping investigation concerning imports of certain electronic weighing scales originating in Japan

Official Journal L 274 , 17/11/1995 P. 0015 - 0015

COMMISSION DECISION of 14 November 1995 terminating the anti-dumping investigation concerning  imports of certain electronic weighing scales originating in Japan (95/478/EC)THE  COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 3283/94 of 22 December 1994 on protection against  dumped imports from countries not members of the European Community  (1), as last amended by  Regulation (EC) No 1251/95  (2), and in particular Article 23 thereof, Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped  or subsidized imports from countries not members of the European Economic Community  (3), as last  amended by Regulation (EC) No 522/94  (4), and in particular Article 13 (11) thereof, After consulting the Advisory Committee, Whereas: A. BACKGROUND (1)  The Commission announced by notice of 12 March 1994  (5) the initiation of an  investigation provided for in Article 13 (11) of Regulation (EEC) No 2423/88 into the alleged  absorption of the anti-dumping duty imposed by Council Regulation (EEC) No 993/93  (6) on imports  of electronic weighing scales originating in Japan by two exporters, Teraoka Seiko Co. Ltd. and  Tokyo Electric Co. Ltd. (2)  The Commission has concluded the investigation. The complainant was informed of the results of  that investigation and has, however, in the meantime withdrawn its complaint. B. TERMINATION OF THE INVESTIGATION (3)  In the light of the above, the Commission concludes that  the investigation should be terminated without imposition of additional measures. (4)  Interested parties were informed of the Commission's intention to terminate the investigation  and have been given the opportunity to comment. No objecions were raised. (5)  The Advisory Committee has been consulted and has raised no objection, HAS DECIDED AS FOLLOWS: Sole article The anti-dumping investigation provided for in Article 13 (11) of  Council Regulation (EEC) No 2423/88 concerning imports of certain electronic weighing scales  falling within CN Code 84  23  81  50 (Taric code: 84  23  81  50*10) and originating in Japan is  hereby terminated. Done at Brussels, 14 November 1995. For the Commission Leon BRITTAN Vice-President


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31999D0490

1999/490/EC, ECSC, Euratom: Council and Commission Decision of 12 May 1999 on the conclusion of the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Kazakhstan, of the other part

Official Journal L 196 , 28/07/1999 P. 0001 - 0002

COUNCIL AND COMMISSION DECISIONof 12 May 1999on the conclusion of the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Kazakhstan, of the other part(1999/490/EC, ECSC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 54(2), the last sentence of Article 57(2), and Articles 66, 73c(2), 75, 84(2), 99, 100, 113 and 235, in conjunction with the second sentence of Article 228(2) and the second subparagraph of Article 228(3) thereof,Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 95 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,Having regard to the proposal from the Commission,Having regard to the assent of the European Parliament(1),Having consulted the ECSC Consultative Committee and with the assent of the Council,Having regard to the approval of the Council given in accordance with Article 101 of the Treaty establishing the European Atomic Energy Community,(1) Whereas conclusion of the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Kazakhstan, of the other, signed on 23 January 1995 in Brussels, will contribute to the achievement of the objectives of the European Communities;(2) Whereas the purpose of that Agreement is to strengthen the links established in particular by the Agreement between the European Economic Community and the European Atomic Energy Community and the Union of Soviet Socialist Republics on trade and commercial and economic cooperation, signed on 18 December 1989 and approved by Decision 90/116/EEC(2);(3) Whereas certain obligations, provided for by the Partnership and Cooperation Agreement outside the scope of Community trade policy, affect or are likely to affect the arrangements laid down by Community acts adopted in the areas of the right of establishment, transport and the treatment of enterprises;(4) Whereas the said Agreement imposes on the European Community certain obligations regarding capital movements and payments between the Community and the Republic of Kazakhstan;(5) Whereas, in addition, in so far as the said Agreement affects Council Directive 90/434/EEC of 23 July 1990 on the common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States(3), and Council Directive 90/435/EEC of 23 July 1990 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States(4), which are based on Article 100 of the Treaty establishing the European Community, that Article should be used as a legal basis;(6) Whereas certain provisions of the said Agreement impose on the Community obligations in the field of the provision of services which go beyond the crossborder framework;(7) Whereas for certain provisions of the said Agreement which are to be implemented by the Community, the Treaty establishing the European Community makes no provision for specific powers; whereas it is therefore necessary to resort to Article 235 of the Treaty,HAVE DECIDED AS FOLLOWS:Article 1The Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Kazakhstan, of the other part, together with the Protocol, Declarations and the Exchange of Letters, are hereby approved on behalf of the European Community, the European Coal and Steel Community and the European Atomic Energy Community.The texts are attached to this Decision.Article 21. The position to be taken by the Community within the Cooperation Council and within the Cooperation Committee when the latter is empowered to act by the Cooperation Council shall be laid down by the Council, on a proposal by the Commission, or, where appropriate, by the Commission, each in accordance with the corresponding provisions of the Treaties establishing the European Community, the European Coal and Steel Community and the European Atomic Energy Community.2. In accordance with Article 77 of the Partnership and Cooperation Agreement, the President of the Council shall chair the Cooperation Council and shall present the Community's position. A representative of the Commission shall chair the Cooperation Committee in accordance with its rules of procedure and shall present the Community's position.3. The decision to publish the recommendations of the Cooperation Council and the Cooperation Committee in the Official Journal of the European Communities shall be taken on a case-by-case basis by the Council and the Commission.Article 3President of the Council shall give the notification provided for in Article 99 of the Agreement on behalf of the European Community. The President of the Commission shall give such notification on behalf of the European Coal and Steel Community and the European Atomic Energy Community.Done at Brussels, 12 May 1999.For the CommissionThe PresidentJ. SANTERFor the CouncilThe PresidentK.-H. FUNKE(1) OJ C 115, 14.4.1997, p. 196.(2) OJ L 68, 15.3.1990, p. 1.(3) OJ L 225, 20.8.1990, p. 1.(4) OJ L 225, 20.8.1990, p. 6.


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31987D0531

87/531/EEC: Council Decision of 20 October 1987 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Economic Community and the Government of the German Democratic Republic on trade in sheep and goats and sheepmeat and goatmeat

Official Journal L 309 , 31/10/1987 P. 0107 - 0107

*****COUNCIL  DECISION  of 20 October 1987  on the conclusion of the Agreement in the form of an exchange of letters between the European Economic Community and the Government of the German Democratic Republic on trade in sheep and goats and sheepmeat and goatmeat  (87/531/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the recommendation from the Commission,  Whereas the Commission has conducted negotiations with non-member countries which supply sheepmeat and goatmeat or live sheep and goats, with a view to reaching Agreements for voluntary restraint of their exports to the Community;  Whereas the Commission has reached agreement with the German Democratic Republic;  Whereas such agreement allows trade to be carried on in a manner compatible with the common organization of the markets in the sector in question,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreemsnt in the form of an exchange of letters between the European Economic Community and the Government of the German Democratic Republic on trade in sheep and goats and sheepmeat and goatmeat is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2  The President of the Council is hereby authorized to designate the person empowered to sign the Agreement, in order to bind the Community.  Done at Luxembourg, 20 October 1987.  For the Council  The President  L. TOERNAES


title: 2013/609/EU: Decision of the European Parliament of 17 April 2013 on the closure of the accounts of the European Union Agency for Fundamental Rights for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/323

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on the closure of the accounts of the European Union Agency for Fundamental Rights for the financial year 2011
   (2013/609/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Union Agency for Fundamental Rights for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Fundamental Rights Agency for the financial year 2011, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 12 February 2013 (05753/2013 – C7-0041/2013),

               —

               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 Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (4), and in particular Article 21 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), and in particular Article 94 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 Civil Liberties, Justice and Home Affairs (A7-0102/2013),

               1.

               Approves the closure of the accounts of the European Union Agency for Fundamental Rights for the financial year 2011;

               2.

               Instructs its President to forward this Decision to the Director of the European Union Agency for Fundamental Rights, 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 388, 15.12.2012, p. 196.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 53, 22.2.2007, p. 1.

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


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31990D0518

90/518/EEC: Council Decision of 24 September 1990 concerning the conclusion of an Agreement between the European Economic Community, on the one hand, and the Republic of Austria, the republic of Finland, the Republic of Iceland, the kingdom of Norway, the Kingdom of Sweden and the Swiss confederation, on the other, laying down a procedure for the exchange of information in the field of technical regulations

Official Journal L 291 , 23/10/1990 P. 0001 - 0001

COUNCIL DECISION of 24 September 1990 concerning the conclusion of an Agreement between the European Economic Community, on the one hand, and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the  Kingdom of Sweden and the Swiss Confederation, on the other, laying down a procedure for the exchange of information in the field of technical regulations (90/518/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas the Free Trade Agreements which the European Economic Community has concluded with, respectively, the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation  include among their aims the removal of barriers to trade;  Whereas it is in the interest of the Community to establish with the said States an exchange of information in the field of technical regulations with the aim of avoiding the creation of technical barriers to trade;  Whereas the Commission has held negotiations with the said States, which have resulted in an Agreement signed in Brussels on 19 December 1989.  HAS DECIDED AS FOLLOWS:    Article 1  1.  The Agreement between the Community, on the one hand, and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation, on the other, laying down a procedure for  the exchange of information in the field of technical regulations is hereby approved on behalf of the Community.  2.  The text of the Agreement is attached to this Decision.  Article 2  The President of the Council shall carry out, on behalf of the Community, the notification provided for in Article 17 of the Agreement (1).   Done at Brussels, 24 September 1990.  For the Council The President V. SACCOMANDI  (1) See page 43 of this Official Journal.