Avis juridique important

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31998D0378

98/378/EC: Commission Decision of 12 June 1998 terminating the countervailing duty proceeding concerning imports of polyester fibres and polyester yarns originating in Turkey (notified under document number C(1998) 1599)

Official Journal L 168 , 13/06/1998 P. 0046 - 0054

COMMISSION DECISION of 12 June 1998 terminating the countervailing duty proceeding concerning imports of polyester fibres and polyester yarns originating in Turkey (notified under document number C(1998) 1599) (98/378/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community (1), and in particular Article 14(2) thereof,After consulting the Advisory Committee,Whereas:A. PREVIOUS PROCEDURE (1) Following a complaint lodged by CIRFS (the International Rayon and Synthetic Fibres Committee), the Commission initiated an anti-subsidy proceeding concerning imports of polyester fibres and polyester yarns from Turkey on 9 February 1989 (2). A provisional countervailing duty was subsequently imposed on 31 May 1991 (3). On completion of the investigation which found evidence of injurious subsidisation, the Government of Turkey offered an undertaking to: (i) gradually phase out the main export subsidy scheme (the corporate tax exemption scheme - CTE); and (ii) not to grant new subsidies nor to compensate the producers/exporters concerned for the commitment to phase out the main export subsidy scheme. The Commission accepted this undertaking by Decision 91/511/EEC (4) and did not impose a definitive countervailing duty. Provisional duties were definitively collected by Council Regulation (EEC) No 2834/91 (5).At regular intervals since 1991 the Turkish authorities reported on their commitments contained in the undertaking and provided supporting documentation. The Commission services verified this information and that provided by a number of Turkish exporters in 1992 and 1995.B. REVIEW INVESTIGATION (2) A notice of the impending expiry of the abovementioned measures (i.e. undertaking) was published in the Official Journal of the European Communities on 20 April 1996 (6). On 24 June 1996, the complainants, CIRFS, lodged a request for an expiry review in accordance with the provisions of Article 13(5) of Regulation (EC) No 3284/94 (7). The review request alleged that the repeal of the measures would be likely to result in a continuation or recurrence of subsidisation and injury.(3) The Commission considered that the complainants had provided sufficient evidence to justify the initiation of an expiry review pursuant to Article 13(3) of Regulation (EC) No 3284/94. Given the nature of the measures in force, the Commission decided on its own initiative to initiate an interim review pursuant to Article 13(6) of that Regulation. A notice of initiation of a review of the countervailing measures was accordingly published on 21 September 1996 (8).(4) With regard to the compatibility of such an initiation with the EC/Turkey Customs Union rules, it has to be borne in mind that, pending the implementation by Turkey of provisions on competition, State aid control and other relevant parts of the acquis communautaire which are related to the internal market, the Customs Union Agreement does not preclude the application of trade defence instruments by one party in its relations with the other. The Customs Union Agreement provides that Turkey shall adopt all the necessary decisions to comply with this requirement within two years after the entry into force of the Customs Union Agreement, i.e. on 31 December 1997. Pending confirmation of such action, countervailing measures can, therefore, be taken in the framework of this proceeding, if considered appropriate.(5) The period used for the investigation of subsidies was 1 January 1995 to 31 December 1995 (hereinafter referred to as the 'investigation period`).(6) The Commission sent questionnaires to all parties known to be concerned. It received replies to its questionnaire from eight Community producers, the Government of Turkey, nine exporting producers and one importer. The Commission sought and verified all information it deemed necessary for the purpose of a determination and carried out verification visits at various Government of Turkey ministries/agencies and at the premises of the companies listed below.(a) Community producers- Hoechst Trevira GmbH & Co. KG, Frankfurt Am Main, Germany,- Montefibre SpA, Milan, Italy,- Nurel SA, Barcelona, Spain,- La Seda de Barcelona SA, Barcelona, Spain,- Catalana de Polimers SL, Barcelona, Spain,- Wellman International Ltd, Co. Meath, Ireland,- Unifi Textured Yarns Europe Ltd, Co. Donegal, Ireland.Tergal Fibres SA (Group Rhône-Poulenc), Gauchy, France was not visited.The abovementioned companies account for approximately 80 % of Community production of the products concerned.(b) Government of Turkey ministries/agencies- Under-Secretariat for Foreign Trade,- Central Bank,- Under-Secretariat for Customs,- Türk Eximbank,- Under-Secretariat for the Treasury,- Ministry of Finance.(c) Producers/exporters in Turkey- SASA Artificial and Synthetic Fibres Inc., Adana,- Sönmez Filament Sentetik Iplik ve Elvaf Sanayii AS, Bursa,- Korteks Mensucat Sanayi ve Ticaret AS, Bursa,- Sifas Sentetik Iplik Fabrikalari AS, Bursa (part of Nergis group),- Polylen Sentetik Iplik Sanayii AS, Bursa (part of Nergis group),- Nergis Tekstil Sanayi ve Ticaret AS, Bursa (part of Nergis group),- Nergis Holding AS, Bursa (part of Nergis group),- Polyteks Tekstil Sanayi Arastirma ve Egitim AS, Bursa.Sancak Tül Sanayi AS, Istanbul stated that it had not exported to the EU during the investigation period.These producers are all the known producers of the products concerned in Turkey.(d) Importer in the CommunityEXSA (UK) Ltd, Leeds, United Kingdom. This company was not visited.(7) This investigation has exceeded the normal time-frame for the completion of review investigations due to the large volume and complexity of information gathered. In particular, as the State-aid framework in Turkey has undergone substantial change in recent years, it was considered necessary to undertake a full re-examination of the various schemes.C. PRODUCTS UNDER CONSIDERATION AND LIKE PRODUCT 1. Products under consideration (8) The products under consideration are:- polyester partially oriented filament yarn (POY), falling within CN code 5402 42 00,- polyester textured filament yarn (PTY), falling within CN codes 5402 33 10 and 5402 33 90,- polyester staple fibre, falling within CN code 5503 20 00,- polyester flat yarn, falling within CN codes 5402 43 10, 5402 43 90, 5402 52 10, 5402 52 90, 5402 62 10 and 5402 62 90.Polyester fibres and yarns have an extensive range of uses and can be used on their own or blended with other products such as cotton to produce clothing, sleepwear, curtain material and floor coverings. Polyester fibre can also be used as a filling material for use in quilted jackets, pillows, cushions, etc.2. Like product (9) In Regulation (EEC) No 2834/91, it was concluded that Community production was considered as a like product to the imported subsidised product. None of the interested parties to this review investigation offered any further comments on the 'like product` issue. It is therefore concluded that the product under consideration, i.e. that exported from Turkey to the Community, is a like product to that produced by the Community industry, within the meaning of Article 1(5) of Regulation (EC) No 2026/97 (hereinafter referred to as the 'Basic Regulation`).D. SUBSIDIES 1. Introduction (10) On the basis of the information contained in the complaint and the replies to the Commission's questionnaire, the Commission investigated a large number of subsidy schemes. These schemes are not necessarily the same ones that were examined in the original investigation. Turkey introduced new State-aid schemes at the end of 1994 (partly in view of the harmonisation of State aid law to the EU State aid law in accordance with the provisions of the Customs Union Agreement) which regulate both domestic and export incentives and amend or replace older schemes. Moreover, important developments took place also at an international level; in 1995, the World Trade Organisation Agreement on Subsidies and Countervailing Measures (ASCM) entered into force and a new Basic Regulation was enacted at the end of 1994 to reflect the new definition of subsidies (9). In view of the above, the Commission re-examined all relevant subsidy schemes in Turkey.2. Export schemes (11) The Commission investigated the following five export schemes, further details of which are set out below:I. State assistance for exports;II. corporate tax exemption scheme;III. export credits;IV. electricity premium;V. transport premium.I. State assistance for exports (12) The declared objective of Turkey's export incentive policy is to enhance the export potential of Turkish industry in accordance with the targets and guidelines laid down in the five-year governmental development plans. The aim of these incentives is to eliminate the adverse effects of high domestic inflation on exporters and compensate for the shortage and high cost of financing.(13) The main instrument involving, inter alia, export-related assistance is Decree 94/6401 which entered into force on 1 January 1995 and provides for the following measures:- assistance for research and development programmes,- assistance for environmental costs,- assistance for market research,- support for participation in fairs and exhibitions abroad,- support for participation in domestic fairs of an international character,- support for promotion activities abroad.(14) The Commission found that no producers of the product concerned had received aid under any of the abovementioned measures provided under Decree 94/6401 during the investigation period. There was therefore no need to examine whether any of the measures involved the granting of countervailable subsidies.II. Corporate tax exemption scheme (CTE) (15) In the Turkish Government's undertaking which was accepted by the Commission in 1991 (see paragraph 1 above), the main commitment was to phase out the CTE. This scheme exempted from corporate taxation a certain percentage of the export earnings of manufacturing companies.In accordance with the Turkish Government's undertaking, the rate of the CTE was gradually reduced from 20 % in 1991 to 5 % in 1993. The scheme was finally terminated in 1993 by means of Article 30 of Decree 21804 of 25 December 1993. Documentary evidence has been provided in this regard. The Commission also verified that no producers subject to the investigation received outstanding CTE aid during the investigation period.III. Export credits (16) Türk Eximbank (hereinafter referred to as 'Eximbank`) is the sole official export credit agency in Turkey; it is a public body which was founded in 1987 with the aim of meeting the financing requirements of exporters and overseas contractors. Eximbank provides specialised financial services through a variety of credit, insurance and guarantee programmes as follows:(a) Pre-shipment export credit (PSEC) programmePSEC is a short-term credit facility extended by Eximbank through intermediary commercial banks, which is available to all export-oriented industries. Applications are made to Eximbank, but the credit is disbursed by a commercial bank. The total interest rate paid on these types of credits is generally more favourable than the rates available for short-term loans from commercial banks.These credits provide a subsidy because they involve a financial contribution from the Government and confer a benefit because the interest rate is below that payable on a comparable commercial loan. The subsidy is available only for export transactions and is therefore an export subsidy.A number of producers benefited from this scheme during the investigation period.(b) Target market export credit programmeThis programme concerned financial support for the export of textile products to non-EU countries (i.e. NAFTA, Japan and South Africa). It was abolished in January 1996.(c) SME export credit programmeThis programme provides short-term credit to companies employing up to 150 employees. None of the producers under investigation obtained such credits due to their size.(d) Foreign currency credit programmeThis is a short-term credit facility, similar to PSEC, extended by Eximbank through intermediary commercial banks, which is available to all export-oriented industries. The credit is extended on the basis of the foreign currency value of the export transactions (the credit is actually paid to the exporter in the Turkish lira (TRI) equivalent) and re-payment is made by the exporter in the foreign currency concerned. Interest rates are significantly lower than under the PSEC programme. The total interest rate paid on these types of credits is generally more favourable than the rates available for short-term loans from commercial banks.These credits provide a subsidy because they involve a financial contribution from the Government and confer a benefit because the interest rate is below that paid on a comparable commercial loan. The subsidy is only available to export transactions and is therefore an export subsidy.A number of producers benefited from this scheme during the investigation period.(e) Past performance-related foreign currency credit programmeThis programme provides short-term credit to exporters without the mediation of commercial banks. No producers concerned obtained such credit during the investigation period.(f) Short-term export credit insurance programmeUnder this programme all shipments to be made by an exporter within one year are insured at favourable terms. Exporters pay a premium which varies per country of export directly to Eximbank. Such insurance was mandatory up to 1995 for companies which obtained pre-shipment export credits from Eximbank. Some of the producers concerned used this programme during the investigation period. As this programme was linked to the Pre-Shipment Export Credit (PSEC) programme, it has been quantified together with the PSEC and the foreign currency credit programme (see Tables 1 and 2 in paragraph 29 below).This insurance is now optional.(g) Buyers' credit, insurance and guarantee programmesThis programme concerns credits to finance projects in the Central and Western Asian Republics. None of the producers concerned used this programme during the investigation period.IV. Electricity premium (17) Under this programme companies that manufacture goods for export can take advantage of a special discount (25 %) of the cost of electricity used in the production of the exported goods. The scheme, which was clearly an export subsidy, was abolished in 1995 by means of Decree 22510 of 31 December 1995.No producer under investigation obtained benefits under this scheme during the investigation period.V. Transport premium (18) Under this scheme exporters could obtain cash premiums from the Central Bank of Turkey to cover export transportation costs. The scheme was abolished in 1994 by an order of the Turkish Council of Ministers. The cash premiums are a subsidy because they involve a financial contribution from the Government which confers a benefit. Since the subsidy is limited to export transport costs. it is an export subsidy.Premiums paid under this scheme, which was administered by the Central Bank, differed depending on destination. Even though the scheme had been abolished in 1994, benefits continued to accrue to exporters during the investigation period (i.e. 1995). This is because at the time of implementation of the scheme there were no funds available for payments to exporters. Outstanding benefits earned therefore in the years before termination of the programme were being granted during the investigation period. All of the producers investigated had obtained such outstanding benefits during the investigation period.3. Summary of export schemes (19) It was found that exporters used two export schemes during the investigation period i.e. export credits (pre-shipment export credit programme/foreign currency credit programme/short-term export credit insurance programme) and the transport premium4. Domestic schemes (20) The Commission investigated the following three domestic schemes, further details of which are set out below:I. Decree 94/6411;II. Resources utilisation support premium (RUSP);III. Fund sourced credit.I. Decree 94/6411 (21) Incentives to producers in Turkey are, as from 1 January 1995 to be provided within the framework of Decree 94/6411 of 26 December 1994. Decree 94/6411 constitutes the general framework regulating incentives to industry in accordance with the guidelines set out in the development plans and the annual programmes adopted by the Turkish Council of Ministers. Decree 94/6411 provides for incentives for investment activities related to the production of goods and services, research and development, environmental protection, improvement of quality and standards and investments targeting advancement of regional handicrafts and supporting small and medium enterprises. Decree 94/6411 has been further applied by Communiqué No 2 issued by the Under-secretariat of the Treasury and published in the Official Gazette of 4 April 1995.(22) All applications for assistance under Decree 94/6411 need to be approved by the General Directorate of Incentives and Implementation of the Under-secretariat of Treasury which issues an investment certificate to the successful applicants. The investment certificate describes the types of assistance granted to the company concerned as well as any ceilings on such assistance. Companies may obtain investment certificates on a project basis. The duration of the validity of the investment certificate varies in accordance with the project.(23) The various types of assistance which are provided for under Decree 94/6411 can be categorised as follows:(a) Schemes from which exporters obtained benefits during the investigation period(i) Exemption from customs duty and chargesUnder this scheme companies are entitled to import equipment and machinery, without the payment of customs duties, for the purposes of the project for which the relevant investment certificate was granted.(ii) Investment allowanceUnder this scheme companies are granted an income tax exemption proportionate to the amount of the investment for which the investment certificate was granted; the tax allowance can equal up to 100 % of the amount of the investment.Both the above schemes involve subsidies because government revenue is foregone and a benefit is thereby conferred.(iii) Financing fundUnder this scheme firms obtain a tax postponement to be used for the financing of investments. Companies are entitled to the tax postponement when they obtain an investment certificate.The tax postponement is equivalent to an interest-free loan and is a subsidy because the absence of interest confers a benefit.(iv) VAT support for purchases of machinery and equipmentUnder this scheme firms are refunded any VAT paid on purchases of domestically produced machinery. This refund is a financial contribution from the Government which confers a benefit; it is therefore a subsidy. This scheme is contingent upon the use of domestic goods and the subsidy is therefore specific in accordance with Article 3(4)(b) of the Basic Regulation. One producer received benefits under this scheme during the investigation period but at a negligible level.(b) Schemes from which exporters did not obtain benefits during the investigation period(i) Exemption from charges for medium and long-term investment creditsUnder this scheme companies are exempted from paying taxes, duties and charges for banking, notary, land registry etc. transactions relating to credits. It applies to companies which undertake to export the production to which investment relates. In view of its link to anticipated exportation this scheme should be more properly classified as an export subsidy. No producer obtained benefits under this scheme during the investigation period. The effects of the scheme would, in any event be negligible.(ii) Postponement of VATUnder this scheme, VAT that has to be paid for importation of equipment listed in the Incentive Certificates, can be postponed until the date when such tax may be actually deducted. In case the investment is not realised as foreseen by the incentive certificate, the VAT postponed shall be collected plus interest.(c) Schemes not yet implementedDecree 94/6411 also provides for a range of other schemes which have not yet been implemented. These are:(i) Exemption from building construction chargesUnder this scheme companies are exempted from the payment of building construction charges.(ii) Subsidising moving expensesThis scheme provides for assistance for investments which are transferred from developed regions to industrial belts or priority development regions. A grant of 50 % of the disassembly, delivery and the re-installation expenses can be made.(iii) Energy subsidiesNew investments realised in priority development regions with an incentive certificate, can obtain aid up to 25 % of their electricity consumption in the first five years of operations under criteria to be defined by the Monetary, Credit and Coordination Board.(iv) Land allocation supportUnder this scheme firms may obtain free land for investments to be realised in priority development regions or in industrial belts. Land is provided from the property of the General Directorate of Land Office.(v) Contribution to foreign credit letters of guaranteeThis scheme provides for aid to producers to cover 50 % of the expenses incurred in connection with foreign credits obtained through public banks.(vi) Procurement of quality and standardsUnder this scheme firms are refunded fees paid in connection with applications for quality and standardisation certificates according to ISO and ITS (Institute of Turkish Standards) norms.(vii) CreditsThere are several different types of low interest rate credit schemes for SMEs and for investments in priority development regions.II. Resource utilisation support premium (RUSP) (24) Under this scheme, firms were entitled to a cash premium payable by the Under-secretariat of the Treasury. The premium was based on a percentage (from 15 % to 40 %) of the value of investments made. The percentage applied depended on the region in which the investment was made.RUSP was terminated in 1991 by means of Decree 91/1468. Firms continued, however, to receive benefits under this scheme in later years, including the investigation period. These payments were outstanding (due to the shortage of government funds at the time) from the period when the scheme was in operation. The cash premiums are a subsidy because they involve a financial contribution from the Government which confers a benefit.Some producers received benefits under this scheme during the investigation period.III. Fund sourced credit (25) Under this scheme, firms were entitled to loans which were re-payable at rates of interest less than those normally charged on comparable commercial loans. There is consequently a benefit conferred and therefore a subsidy. The scheme was set out in Decree 92/2805 and administered by the General Directorate of Incentives and Implementation. It was officially terminated on 15 July 1994 although outstanding benefits kept accruing to firms during the investigation period.Some producers received benefits under the fund source credit scheme during the investigation period.5. Summary of domestic schemes (26) It was found that exporters used six domestic schemes during the investigation period, i.e. exemption from customs duty and charges, investment allowance, financing fund, VAT support for purchases of machinery and equipment, RUSP and fund sourced credit.6. Amount of subsidisation (27) Two of the cooperating exporters, Korteks and Polyteks, were found not to have exported the product concerned to the EU during the investigation period. In these circumstances, individual findings concerning subsidy levels have not been established for these companies.(28) For the purposes of calculating the amount of subsidisation, the amounts of subsidies received in the investigation period were allocated over a firms' total (domestic and export) turnover in the case of domestic subsidies and over export turnover only in the case of export subsidies.(29) The amounts of subsidies established in the investigation period for the producers subject to the investigation are set out below. Table 1 shows the full amount of benefit in the investigation period, while Table 2 shows the benefits if the schemes which were terminated before the beginning of the investigation period are excluded.As four of the cooperating exporters are related (Nergis Tekstil, Nergis Holding, Sifas and Polylen), the benefits received have been averaged and are shown below under 'Nergis Group`.>TABLE>>TABLE>7. Specificity (30) Given that the amount of benefit to exporters from those schemes which were still in force during the investigation period was found to be de minimis (see recital 34 below), it is not necessary to make a determination regarding specificity.8. Conclusions on countervailability (31) Concerning export schemes, two schemes are considered to be specific and therefore countervailable - the export credit scheme, which is contingent upon export performance and the VAT support scheme, which is contingent upon the use of domestic goods. The transport premium scheme, which was contingent upon exports, was terminated in 1994.(32) Concerning domestic schemes, the RUSP was abolished in 1991, while the fund sourced credit scheme was abolished in 1994. With regard to the three schemes found to have been used and still in force during the investigation period (i.e. financing fund, investment allowances, customs exemption), no countervailability determination needs to be made in view of the overall de minimis levels of subsidies found.(33) Concerning the terminated schemes (transport premium, fund sourced credit and RUSP), it is not considered necessary to take countervailing measures as, on the one hand any RUSP and fund sourced credit outstanding benefits have been at negligible levels while, on the other hand, any outstanding transport benefits, although at more substantial levels, were linked to individual export transactions in the past when the scheme was in force and as such are no longer available.(34) Article 14(5)(a) of the Basic Regulation provides that the amount of countervailable subsidies shall be considered as de minimis if such amount is less than 2 % concerning imports from developing countries. As Turkey is regarded as a developing country and the amount of subsidy provided by schemes which were still in force during the investigation period is less than 2 % (see Table 2 above), the amount of countervailable subsidies is therefore considered to be de minimis.E. INJURY AND COMMUNITY INTEREST (35) As it has been concluded that the level of subsidisation is de minimis, it is not necessary to establish findings relating to injury and Community interest.F. CONCLUSION (36) Article 14(3) of the Basic Regulation provides that there shall be immediate termination of a proceeding where it is determined that the amount of countervailable subsidies is de minimis. It is therefore proposed that the proceeding be terminated and that the measures in force expire forthwith,DECIDES:Sole Article The countervailing duty proceeding concerning imports of polyester fibres and polyester yarns falling within CN codes 5402 42 00, 5402 33 10, 5402 33 90, 5503 20 00, 5402 43 10, 5402 43 90, 5402 52 10, 5402 52 90, 5402 62 10 and 5402 62 90 and originating in Turkey is hereby terminated.Done at Brussels, 12 June 1998.For the CommissionLeon BRITTANVice-President(1) OJ L 288, 21. 10. 1997, p. 1.(2) OJ C 33, 9. 2. 1989, p. 7.(3) OJ L 137, 31. 5. 1991, p. 8.(4) OJ L 272, 28. 9. 1991, p. 92.(5) OJ L 272, 28. 9. 1991, p. 3.(6) OJ C 116, 20. 4. 1996, p. 7.(7) OJ No L 349, 31. 12. 1994, p. 22 (subsequently replaced by Regulation (EC) No 2026/97).(8) OJ C 276, 21. 9. 1996, p. 5.(9) See footnote 7.


Avis juridique important

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32001D0034

2001/34/EC: Council Decision of 17 July 2000 on the conclusion of the Agreements in the form of an Exchange of Letters between the European Community and, of the one part, Barbados, Belize, the Republic of the Congo, Fiji, the Cooperative Republic of Guyana, the Republic of Côte d'Ivoire, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Suriname, Saint Kitts and Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe and, of the other part, the Republic of India on the guaranteed prices for cane sugar for the 1999/2000 delivery period - Agreement in the form of an Exchange of Letters between the European Community and Barbados, Belize, the Republic of the Congo, Fiji, the Cooperative Republic of Guyana, the Republic of Côte d'Ivoire, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Suriname, Saint Kitts and Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe on the guaranteed prices for cane sugar for the 1999/2000 delivery period - Agreement in the form of an Exchange of Letters between the European Community and the Republic of India on the guaranteed prices for cane sugar for the 1999/2000 delivery period

Official Journal L 010 , 13/01/2001 P. 0047 - 0048

Council Decisionof 17 July 2000on the conclusion of the Agreements in the form of an Exchange of Letters between the European Community and, of the one part, Barbados, Belize, the Republic of the Congo, Fiji, the Cooperative Republic of Guyana, the Republic of Côte d'Ivoire, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Suriname, Saint Kitts and Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe and, of the other part, the Republic of India on the guaranteed prices for cane sugar for the 1999/2000 delivery period(2001/34/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) Implementation of Protocol 8 on ACP Sugar annexed to the Fourth ACP-EC Convention(1), which has become Protocol 3 from 1 March 2000 under Article 3 of Decision 1/2000 of the ACP-EC Committee of Ambassadors(2), and of the Agreement between the European Economic Community and the Republic of India on cane sugar(3) is carried out, in accordance with Article 1(2) of each, within the framework of the management of the common organisation of the sugar market.(2) It is appropriate to approve the Agreements in the form of an Exchange of Letters between the Community and, of the one part, the States referred to in the Protocol and, of the other part, the Republic of India on the guaranteed prices for cane sugar for the 1999/2000 delivery period,HAS DECIDED AS FOLLOWS:Article 1The Agreements in the form of an Exchange of Letters between the European Community and, of the one part, Barbados, Belize, the Republic of the Congo, Fiji, the Cooperative Republic of Guyana, the Republic of Côte d'Ivoire, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Suriname, Saint Kitts and Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe and, of the other part, the Republic of India on the guaranteed prices for cane sugar for the 1999/2000 delivery period are hereby approved on behalf of the Community.The text of the Agreements is attached to this Decision.Article 2The President of the Council is hereby authorised to designate the person empowered to sign the Agreements referred to in Article 1 in order to bind the Community.Article 3This Decision will be published in the Official Journal of the European Communities.Done at Brussels, 17 July 2000.For the CouncilThe PresidentJ. Glavany(1) OJ L 229, 17.8.1991, p. 216.(2) OJ L 56, 1.3.2000, p. 47.(3) OJ L 190, 22.7.1975, p. 35.


title: 2010/529/EU: Decision of the European Parliament of 5 May 2010 on the closure of the accounts of the European Medicines Agency for the financial year 2008

text:
               25.9.2010

               EN

               Official Journal of the European Union

               L 252/168

         DECISION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   on the closure of the accounts of the European Medicines Agency for the financial year 2008
   (2010/529/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Medicines Agency for the financial year 2008,
   having regard to the Court of Auditors’ report on the final annual accounts of the European Medicines Agency for the financial year 2008, together with the Agency’s replies (1),
   having regard to the Council’s recommendation of 16 February 2010 (5827/2010 — C7-0061/2010),
   having regard to Article 276 of the EC Treaty and 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 (EC) No 726/2004 of the European Parliament and of the Council (3) establishing a European Medicines Agency, and in particular Article 68 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 Regulation (EC, Euratom) No 1605/2002 (4), 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 the Environment, Public Health and Food Safety (A7-0078/2010),

               1.

               Approves the closure of the accounts of the European Medicines Agency for the financial year 2008;

               2.

               Instructs its President to forward this Decision to the Executive Director of the European Medicines Agency, 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

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 304, 15.12.2009, p. 27.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 136, 30.4.2004, p. 1.

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


title: 2010/537/EU: Decision of the European Parliament of 5 May 2010 on the closure of the accounts of the European Training Foundation for the financial year 2008

text:
               25.9.2010

               EN

               Official Journal of the European Union

               L 252/186

         DECISION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   on the closure of the accounts of the European Training Foundation for the financial year 2008
   (2010/537/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Training Foundation for the financial year 2008,
   having regard to the Court of Auditors’ report on the annual accounts of the European Training Foundation for the financial year 2008, together with the Foundation’s replies (1),
   having regard to the Council’s recommendation of 16 February 2010 (5827/2010 — C7-0061/2010),
   having regard to Article 276 of the EC Treaty and 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 (EC) No 1339/2008 of the European Parliament and of the Council of 16 December 2008 establishing a European Training Foundation (3), and in particular Article 17 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 Regulation (EC, Euratom) No 1605/2002 (4), 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 Employment and Social Affairs (A7-0083/2010),

               1.

               Approves the closure of the accounts of the European Training Foundation for the financial year 2008;

               2.

               Instructs its President to forward this Decision to the Director of the European Training Foundation, 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

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 304, 15.12.2009, p. 136.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 354, 31.12.2008, p. 82.

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


Avis juridique important

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32000D0239

2000/239/EC: Council Decision of 13 March 2000 concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community, of the one part, and the Swiss Confederation, of the other part, on Protocol 2 to the Agreement between the European Economic Community and the Swiss Confederation

Official Journal L 076 , 25/03/2000 P. 0011 - 0011

Council Decisionof 13 March 2000concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community, of the one part, and the Swiss Confederation, of the other part, on Protocol 2 to the Agreement between the European Economic Community and the Swiss Confederation(2000/239/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the first sentence of Article 300(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) An Agreement in the form of an Exchange of Letters between the European Community, of the one part, and the Swiss Confederation, of the other part, concerning Protocol 2 to the Agreement between the European Economic Community and the Swiss Confederation(1), has been negotiated on a reciprocal basis in order to improve the trading arrangements and solve certain related problems.(2) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(2).(3) The Agreement should be approved,HAS DECIDED AS FOLLOWS:Article 1The Agreement in the form of an Exchange of Letters between the European Community, of the one part, and the Swiss Confederation, of the other part, concerning Protocol 2 to the Agreement between the European Economic Community and the Swiss Confederation is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2The measures necessary for the implementation of this Decision shall be adopted in accordance with the management procedure referred to in Article 3(2).Article 31. The Commission shall be assisted by the management committee on horizontal questions concerning trade in processed agricultural products not listed in Annex II referred to in Article 15 of Council Regulation (EC) No 3448/93(3).2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.The period referred to in Article 4(3) of Decision 1999/468/EC shall be set at one month.3. The Committee shall adopt its rules of procedure.Article 4The President of the Council is hereby authorised to designate the person empowered to sign the Agreement in order to bind the Community.Article 5This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.Done at Brussels, 13 March 2000.For the CouncilThe PresidentJ. Pina Moura(1) OJ L 300, 31.12.1972, p. 189.(2) OJ L 184, 17.7.1999, p. 23.(3) OJ L 318, 20.12.1993, p. 18. Regulation as last amended by Regulation (EC) No 2491/98 (OJ L 309, 19.11.1998, p. 28).


title: Commission Decision (EU) 2016/827 of 20 May 2016 on the renewal of the mandate of the European Group on Ethics in Science and New Technologies

text:
                  26.5.2016

                  EN

                  Official Journal of the European Union

                  L 137/22

            COMMISSION DECISION (EU) 2016/827
      of 20 May 2016
      on the renewal of the mandate of the European Group on Ethics in Science and New Technologies
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on European Union and the Treaty on the Functioning of the European Union,
      Whereas:

                  (1)

                  Article 2 of the Treaty on European Union enshrines the values on which the Union is founded and Article 6 accords the Charter of Fundamental Rights the same legal value as the Treaties and establishes that fundamental rights shall constitute general principles of Union law.

                  (2)

                  On 20 November 1991, the European Commission decided to incorporate ethics into the decision-making process for Community research and technological development policies by setting up the Group of Advisers on the Ethical Implications of Biotechnology (‘GAEIB’).

                  (3)

                  The Commission decided on 16 December 1997 to replace the GAEIB by the European Group on Ethics in Science and New Technologies (‘EGE’) extending the Group's mandate to cover all areas of the application of science and technology. The EGE's mandate was subsequently renewed, most recently by the Commission Decision 2010/1/EU (1). It is now appropriate to renew the mandate for a period of 5 years and subsequently to appoint the new members.

                  (4)

                  The EGE is tasked with providing ethical guidance to the European Commission either at the request of the Commission or on its own initiative and upon agreement with the Commission. The Commission may draw the EGE's attention to issues considered by the European Parliament and the Council to be of major ethical importance.

                  (5)

                  Rules on disclosure of information by members of the group should be laid down.

                  (6)

                  Personal data should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (2).

                  (7)

                  Decision 2010/1/EU should be repealed,

            HAS ADOPTED THIS DECISION:
      Article 1
      Mandate
      The mandate of the European Group on Ethics in Science and New Technologies, hereafter referred to as ‘EGE’, is renewed for a period of 5 years.
      Article 2
      Task
      The task of the EGE shall be to advise the Commission on ethical questions relating to sciences and new technologies and the wider societal implications of advances in these fields, either at the request of the Commission or on request by its chair with the agreement of the Commission services. The Group therefore shall:

                  (a)

                  identify, define and examine ethical questions raised by developments in science and technologies;

                  (b)

                  provide guidance in the form of analyses and recommendations that shall be oriented towards the promotion of ethical EU policymaking, with due regard to the Charter of Fundamental Rights of the European Union.

            Article 3
      Consultation
      The Commission may consult the group on any matter in the remit referred to in Article 2. In that context, the Commission may draw the Group's attention to issues considered by the Parliament and the Council to be of major ethical importance.
      Article 4
      Membership — Appointment
      1.   The EGE shall have up to 15 members. Members shall have competence in the remit referred to in Article 2.
      2.   Members shall serve in a personal capacity. They shall advise the Commission in the public interest and independently from any outside influence. Members shall inform the Commission in due time of any conflict of interest which might undermine their independence.
      3.   Members shall be appointed by the President of the Commission on the basis of a proposal from the Commissioner in charge of Research, Science and Innovation, following the submission of their candidacy to a call for expression of interest for membership of the EGE and a selection process overseen by an Identification Committee, based on the criteria set out in paragraphs 4 and 6 of this Article.
      4.   When proposing the composition of the EGE, the Identification Committee shall aim at ensuring, as far as possible, a high level of expertise and pluralism, a geographical balance, as well as a balanced representation of relevant know-how and areas of interest, taking into account the specific tasks of the EGE, the type of expertise required and the response to the call for expression of interest. The EGE shall be independent, pluralist and multidisciplinary.
      5.   Each member of the EGE shall be appointed for a term of 2

       years. At the end of a term, his or her appointment may be renewed. Membership of the EGE shall be limited to a maximum of three terms.
      6.   The following factors and criteria will be taken into account for the selection of candidates for membership of the Group:

                  (a)

                  The composition of the group shall ensure that independent advice of the highest quality can be provided, combining wisdom and foresight. The credibility of the group shall be built on the balance of qualities amongst the women and men who make it up, and they shall collectively reflect the breadth of perspectives across Europe. Gender balance shall be strictly taken into account, and due consideration accorded to age balance and geographical distribution.

                  (b)

                  The Members of the group shall be internationally recognised experts, with a track record of excellence and experience at the European and global level.

                  (c)

                  The Members shall reflect the broad cross-disciplinary scope of the group's mandate, embracing philosophy and ethics; natural and social sciences; and the law. However, they shall not perceive themselves as representatives of a particular discipline, worldview, or line of research; they shall have a broad vision which collectively reflects an understanding of important ongoing and emerging developments, including inter-, trans-, and multi-disciplinary perspectives, and the need for ethical advice at the European level.

                  (d)

                  Beyond their proven reputation, the membership shall collectively bring experience in providing ethical advice to policymakers, acquired across a broad range of Member States, and at European and international levels.

                  (e)

                  The group shall include members with experience in bodies such as advisory councils and committees, government advisors, national ethics councils, universities and research institutes. It may be valuable to the group to include members who have gained experience in more than one country and members from outside the European Union.

            7.   The selection of the EGE members will be made on the basis of an open call for expression of interest, specifying the modalities for submitting a complete application. The Commission shall publish the call on the Europa website. A link from the Register of Commission expert groups and other similar entities (‘the register of expert groups’) to the Europa website will also be ensured.
      8.   Nominations may be submitted, provided the nominee follows the modalities for submitting a complete application.
      9.   The list of EGE members shall be published by the Commission in the Register of expert groups.
      10.   Suitable candidates who are not appointed pursuant to paragraph 2 of this Article, shall be placed on a reserve list. The President of the Commission may appoint members from the reserve list.
      11.   Where a member is no longer capable of contributing effectively to the work of the EGE, or resigns or does not comply with the conditions set out in Article 339 of the Treaty on the Functioning of the European Union, the President of the Commission may appoint a replacement member from the reserve list, for the remaining duration of the original member's term of office.
      Article 5
      Operation
      1.   The Directorate-General for Research and Innovation, acting in close cooperation with the EGE's chairperson, shall be responsible for coordinating and organising the work of the EGE and for providing its Secretariat.
      2.   The EGE shall elect a chairperson and a deputy-chairperson from among its members for the duration of their term by a simple majority.
      3.   Members of the EGE, as well as invited experts, shall comply with the obligations of professional secrecy laid down by the Treaties and their implementing rules, as well as with the Commission's rules on security regarding the protection of EU classified information, laid down in Commission Decisions (EU, Euratom) 2015/443 (3) and (EU, Euratom) 2015/444 (4). Should they fail to respect these obligations, the Commission may take all appropriate measures.
      4.   The EGE Work Programme, including such ethical analyses suggested on the own initiative of the EGE, shall be agreed by the Commission. Each request for an ethical analysis shall include the parameters of the requested analysis. The Commission shall, when seeking the advice of the EGE, set a time limit within which such advice shall be given.
      5.   EGE Opinions shall include a set of recommendations. They shall be based on an overview of the state of the art of the sciences and technologies concerned and a thorough analysis of the ethical issues at stake. Relevant services of the Commission shall be informed of the recommendations produced by the EGE.
      6.   The EGE shall operate in a collegial way, seeking consensus among its members. The EGE shall adopt its Rules of Procedure on the basis of the standard Rules of Procedure for expert groups with the agreement of the Commission's representative. The working procedures shall seek to ensure that all members take an active role in the activities of the group.
      7.   The meetings of the EGE shall normally be held on Commission premises according to the modalities and the calendar fixed by the Commission. The EGE should meet at least six times during a 12-month period involving around 12 working days a year. Further meetings may be organised when necessary, in agreement with the Commission's representative.
      For the purpose of the preparation of EGE analyses and within the limits of the available resources, the Commission's representative may:

                  —

                  Invite experts and representatives of relevant NGOs or representative organisations when appropriate for an exchange of views on an ad hoc basis. The Commission may also enlist external experts to participate in the work of the EGE on an ad hoc and temporary basis should it be deemed necessary to cover the wide spectrum of ethical questions related to advances in science and new technologies.

                  —

                  Initiate studies in order to collect all necessary scientific and technical information.

                  —

                  Allow for working groups to be set up to consider specific issues.

                  —

                  Establish close links with representatives of the various ethics bodies in the Member States and in third countries.

            Moreover, the Commission shall organise a public round table in order to promote dialogue and improve transparency for each Opinion that the EGE produces. The EGE shall establish close links with Commission departments concerned by issues the Group is working on.
      8.   The Group shall endeavour to reach consensus. However, where an Opinion is not adopted unanimously, it shall include any dissenting point of view (as a ‘minority opinion’) together with the name(s) of the dissenting Member(s). The Opinion shall be transmitted to the President of the Commission or to a representative designated by the President. Each Opinion shall be forthwith published and transmitted to the European Parliament and to the Council of the European Union after its adoption.
      9.   If operational circumstances require that advice on a particular subject be given more quickly than the adoption of an Opinion would allow, short Statements or other forms of analyses can be produced, to be followed if necessary by a fuller analysis in the form of an Opinion, while ensuring that transparency is respected as for any other Opinion. Statements will be published and made available on the EGE website. As part of its Work Programme, in agreement with the Commission's representative, the EGE may update an Opinion if it deems it necessary.
      10.   The EGE's discussions shall be confidential. In agreement with the Commission's representative, the EGE may, by a simple majority of its members, decide to open its deliberations to the public.
      11.   All relevant documents related to the activities of the EGE (such as agendas, minutes, Opinions and participants' submissions) shall be made available either in the Register of expert groups or via a link from the Register to a dedicated website. Exceptions to publication are possible where disclosure of a document is deemed to undermine the protection of a public or private interest as defined in Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (5).
      12.   A report on the activities of the EGE shall be produced under the responsibility of the chairperson before the end of its mandate. The report shall be published and transmitted according to the modalities set out in paragraph 11.
      Article 6
      Meeting expenses
      1.   Participants in the activities of the EGE shall not be remunerated for the services they render.
      2.   Travel and subsistence expenses for the meetings of the EGE shall be reimbursed by the Commission in accordance with the provisions in force.
      3.   Those expenses shall be reimbursed within the limits of the available appropriations allocated under the annual procedure for the allocation of resources.
      Article 7
      Final provisions
      The present decision will be published in the Official Journal of the European Union and shall enter into force on the day following that of its publication in the Official Journal of the European Union. Decision 2010/1/EU is hereby repealed.

         Done at Brussels, 20 May 2016.

               For the Commission

               The President

            Jean-Claude JUNCKER

         (1)  Commission Decision 2010/1/EU of 23 December 2009 on the renewal of the mandate of the European Group on Ethics in Science and New Technologies (OJ L 1, 5.1.2010, p. 8).

         (2)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

         (3)  Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41).

         (4)  Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).

         (5)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).


title: Council Decision (EU) 2016/1751 of 20 September 2016 on the conclusion, on behalf of the European Union, of the Amending Protocol to the Agreement between the European Community and the Principality of Andorra providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments

text:
               1.10.2016

               EN

               Official Journal of the European Union

               L 268/38

         COUNCIL DECISION (EU) 2016/1751
   of 20 September 2016
   on the conclusion, on behalf of the European Union, of the Amending Protocol to the Agreement between the European Community and the Principality of Andorra providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 115, in conjunction with point (b) of Article 218(6) and the second subparagraph of Article 218(8), thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               In accordance with Council Decision (EU) 2016/242 (2), the Amending Protocol to the Agreement between the European Community and the Principality of Andorra providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments was signed on 12 February 2016, subject to its conclusion at a later date.

               (2)

               The text of the Amending Protocol, which is the result of the negotiations, duly reflects the negotiating directives issued by the Council as it aligns the Agreement with the latest developments at international level concerning automatic exchange of information, namely with the Global Standard for automatic exchange of financial account information in tax matters developed by the Organisation for Economic Cooperation and Development (OECD). The Union, its Member States and the Principality of Andorra have actively participated in the work of the Global Forum of the OECD for supporting the development and implementation of that Global Standard. The text of the Agreement, as amended by the Amending Protocol, is the legal basis for implementing the Global Standard in the relations between the European Union and the Principality of Andorra.

               (3)

               The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 (3).

               (4)

               The Amending Protocol should be approved on behalf of the Union,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Amending Protocol to the Agreement between the European Community and the Principality of Andorra providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments is hereby approved on behalf of the European Union.
   The text of the Amending Protocol is attached to this Decision.
   Article 2
   1.   The President of the Council shall, on behalf of the Union, give the notification provided for in Article 2(1) of the Amending Protocol (4).
   2.   The Commission shall inform the Principality of Andorra and the Member States of the notifications given in accordance with Article l(l)(d) of the Agreement between the European Union and the Principality of Andorra on the automatic exchange of financial account information to improve international tax compliance as resulting from the Amending Protocol.
   Article 3
   This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 20 September 2016.

            For the Council

            The President

         I. KORČOK

      (1)  Opinion of 9 March 2016 (not yet published in the Official Journal).

      (2)  Council Decision (EU) 2016/242 of 12 February 2016 on the signing, on behalf of the European Union, of the Amending Protocol to the Agreement between the European Community and the Principality of Andorra providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments (OJ L 45, 20.2.2016, p. 10).

      (3)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

      (4)  The date of entry into force of the Amending Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council.


Avis juridique important

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31978D0977

78/977/EEC: Council Decision of 20 November 1978 replacing an alternate member of the Committee for the European Social Fund

Official Journal L 331 , 28/11/1978 P. 0027 - 0027

****( 1 ) OJ NO L 249 , 10 . 11 . 1971 , P . 54 .  ( 2 ) OJ NO 56 , 31 . 8 . 1960 , P . 1201/60 .  ( 3 ) OJ NO L 91 , 12 . 4 . 1968 , P . 25 .    COUNCIL DECISION   OF 20 NOVEMBER 1978   REPLACING AN ALTERNATE MEMBER OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND   ( 78/977/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO REGULATION ( EEC ) NO 2396/71 CONCERNING THE EUROPEAN SOCIAL FUND ( 1 ),   HAVING REGARD TO THE RULES OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND ( 2 ), AS AMENDED BY THE COUNCIL DECISION OF 9 APRIL 1968 ( 3 ), AND IN PARTICULAR ARTICLE 7 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 17 APRIL 1978 APPOINTING THE MEMBERS AND ALTERNATE MEMBERS OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND FOR THE PERIOD ENDING 16 APRIL 1980 ,   WHEREAS A SEAT AS ALTERNATE MEMBER OF THE ABOVE COMMITTEE IN THE ' GOVERNMENT REPRESENTATIVES '  CATEGORY HAS FALLEN VACANT FOLLOWING THE RESIGNATION OF MR STAPLETON , NOTIFIED TO THE COUNCIL ON 31 OCTOBER 1978 ,   HAVING REGARD TO THE NOMINATION SUBMITTED ON 31 OCTOBER 1978 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR PATRICK KEARNEY IS HEREBY APPOINTED ALTERNATE MEMBER OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND IN PLACE OF MR STAPLETON FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE , I.E . UNTIL 16 APRIL 1980 .   DONE AT BRUSSELS , 20 NOVEMBER 1978 .   FOR THE COUNCIL   THE PRESIDENT   K . VON DOHNANYI