Avis juridique important

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31997D0419

97/419/CFSP: Council Decision of 26 June 1997 amending Decision 94/942/CFSP on the joint action adopted by the Council on the basis of Article J.3 of the Treaty on European Union concerning the control of exports of dual-use goods

Official Journal L 178 , 07/07/1997 P. 0001 - 0005

COUNCIL DECISION of 26 June 1997 amending Decision 94/942/CFSP on the joint action adopted by the Council on the basis of Article J.3 of the Treaty on European Union concerning the control of exports of dual-use goods (97/419/CFSP)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article J.3 thereof,Having regard to the general guidelines given by the European Council held at Lisbon on 26 and 27 June 1992,Having regard to Decisions 94/942/CFSP (1) and 97/100CFSP (2),Whereas the lists of goods in Annexes I and IV to Decision 94/942/CFSP should be updated in order to take into account developments in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, in the Australia Group, in the Missile Technology Control Regime and in the Nuclear Suppliers' Group,HAS DECIDED AS FOLLOWS:Article 11. The list of dual-use goods in Annex I to Decision 94/942/CFSP, referred to in Article 2 of that Decision and in Article 3 (1) of Council Regulation (EC) No 3381/94 of 19 December 1994 setting up a Community regime for the control of exports of dual-use goods (3), shall be amended in accordance with Annex I hereto.2. Annex IV to Decision 94/942/CFSP, referred to in Article 5 of that Decision and in Article 19 (1) (b) of Regulation (EC) No 3381/94, shall be amended in accordance with Annex II hereto.Article 2This Decision shall be published in the Official Journal.Article 3This Decision shall enter into force on the day of its publication.It shall apply from the thirtieth day following the date of publication.Done at Luxembourg, 26 June 1997.For the CouncilThe PresidentH. VAN MIERLO(1) OJ No L 367, 31. 12. 1994, p. 8. Decision as amended by Decision 96/613/CFSP (OJ No L 278, 30. 10. 1996, p. 1).(2) OJ No L 34, 4. 2. 1997, p. 1.(3) OJ No L 367, 31. 12. 1994, p. 1. Regulation as amended by Regulation (EC) No 837/95 (OJ No L 90, 21. 4. 1995, p. 1).ANNEX I Annex I to Decision 94/942/CFSP, as amended by Decision 96/613/CFSP, itself amended by Decision 97/100/CFSP, shall be amended as follows:1. 1C111.c.1For this sub-entry substitute the following:'SEE MILITARY GOODS CONTROLS FOR Butacene`2. 1C351.dAfter sub-entry 1C351.d.10 insert the following new sub-entry:'11. Aflatoxins`3. 2B109 Technical Note 2For this note substitute the following:'2. 2B109 does not control machines that are not usable in the production of propulsion components and equipment (e.g. motor cases) for systems specified in 9A005, 9A007.a. or 9A105.a.`4. 9A105For this entry substitute the following:'>TABLE>`5. 9A107For this entry substitute the following:'>TABLE>`6. 9A119For this entry substitute the following:'>TABLE>`7. 1A102For: '. . . for systems specified in 9A004 or 9A104.`read: '. . . for space launch vehicles specified in 9A004 or sounding rockets specified in 9A104.`8. 4A101For: '. . . for use in systems specified in 9A004 or 9A104.`read: '. . . for use in space launch vehicles specified in 9A004 or sounding rockets specified in 9A104.`9. 4A102For: '. . . design integration of systems specified in 9A004 or 9A104.`read: '. . . design integration of space launch vehicles specified in 9A004 or sounding rockets specified in 9A104.`10. 6A108.aFor: '. . . for use in systems specified in 9A004 or 9A104;`read: '. . . for use in space launch vehicles specified in 9A004 or sounding rockets specified in 9A104;`11. 7A103.bFor: '. . . for use in systems specified in 9A004 or 9A104.`read: '. . . for use in space launch vehicles specified in 9A004 or sounding rockets specified in 9A104.`12. 7A105For: '. . . for use in systems specified in 9A004 or 9A104;`read: '. . . for use in space launch vehicles specified in 9A004 or sounding rockets specified in 9A104;`13. 7A106For: '. . . for use in systems specified in 9A004 or 9A104.`read: '. . . for use in space launch vehicles specified in 9A004 or sounding rockets specified in 9A104.`14. 7A115For: '. . . for use in systems specified in 9A004 or 9A104.`read: '. . . for use in space launch vehicles specified in 9A004 or sounding rockets specified in 9A104.`15. 7A116For: '. . . for systems specified in 9A004 or 9A104:`read: '. . . for space launch vehicles specified in 9A004 or sounding rockets specified in 9A104:`16. 7D103For: '. . . design integration with the systems specified in 9A004 or 9A104.`read: '. . . design integration with the space launch vehicles specified in 9A004 or sounding rockets specified in 9A104.`17. 9A110For: '. . . for use in the systems specified in 9A004 or 9A104 . . .`read: '. . . for use in the space launch vehicles specified in 9A004 or sounding rockets specified in 9A104 . . .`18. 9A115For: '. . . for systems specified in 9A004 or 9A104,`read: '. . . for space launch vehicles specified in 9A004 or sounding rockets specified in 9A104,`19. 9B116For this entry, substitute the following:'>TABLE>`20. 9D103For: '. . . design integration of the systems specified in 9A004 or 9A104, or the sub-systems . . .`read: '. . . design integration of the space launch vehicles specified in 9A004 or sounding rockets specified in 9A104, or the sub-systems . . .`21. 9E102For this entry, substitute the following:'>TABLE>`22. 3A202This entry is deleted.ANNEX II Entries 4A001b. and 4D003c. in Annex IV to Decision 94/942/CFSP, as amended by Decision 96/613/CFSP, itself amended by Decision 97/100/CFSP, shall be amended to read as follows:'>TABLE>`'>TABLE>`'>TABLE>`


Avis juridique important

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31994D0389

94/389/EC: Commission Decision of 6 June 1994 terminating the anti-dumping proceeding regarding imports of refined antimony trioxide originating in the People's Republic of China

Official Journal L 176 , 09/07/1994 P. 0041 - 0046

COMMISSION DECISION of 6 June 1994 terminating the anti-dumping proceeding regarding imports of refined antimony trioxide originating in the People's Republic of China (94/389/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Community,  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 (1), as last amended by Regulation (EC) No 522/94 (2), and in  particular Article 9 (1) thereof,  After conclusion within the Advisory Committee,  Whereas:   A. PROCEDURE  (1) In March 1992 the Commission announced, by a notice published in the Official Journal of the European Communities (3), the initiation of an anti-dumping proceeding concerning imports into the Community of refined antimony trioxide  (hereinafter referred to as 'RAT') falling within CN Code 2825 80 00 in the People's Republic of China, and commenced an investigation.  (2) The proceeding was initiated as a result of a complaint lodged by the European Chemical Industry (Cefic) on behalf of producers whose collective output was alleged to represent all Community production of the product concerned.  The complaint contained evidence of dumping and material injury resulting therefrom which was considered sufficient to justify opening a proceeding.  (3) The Commission officially informed the exporters and importers known to be concerned, the representatives of the exporting country and the complainants. It requested the parties concerned to reply to the questionnaires which had been sent to them  and gave them the opportunity to make their views known in writing and to request a hearing.  (4) Five of the six Community producers representing approximately 90 % of Community production of RAT replied to the questionnaire (see recital 6).  (5) Two Chinese trading organizations, China National Non-ferrous Metals Import and Export Corporation (CNIEC) and China Metals and Minerals Import and Export Corporation (Minmetals), hereinafter referred to as 'the cooperating Chinese exporters',  replied to the questionnaires, sought and were granted a hearing by the Commission and made their views known in writing.  After a comparison of Eurostat official statistics with the replies of the cooperating Chinese exporters, it emerged that their exports accounted for less than 14,5 % of total Chinese exports of RAT to the Community during the reference period. No  information, apart from Eurostat data, was available regarding exports by other Chinese exporters.  (6) The Commission sent questionnaires to all the importers listed in the complaint. Two of these - GMS (Chemiehandelsgesellschaft GmbH), Hamburg,  and - Non-ferrous Metals GmbH, Duesseldorf, which is a related selling company of CNIEC,  provided replies. On the basis of Eurostat data these two importers accounted for 20 % of total Community imports of RAT from China during the investigation period.  (7) The Commission verified all the information made available and considered necessary for the purposes of a preliminary determination of dumping and resultant injury. To this end, it carried out investigations at the premises of the following  companies.  (a) Community producers:  - Belgium:  Campine, Brussels,  - France:  Mines de la Lucette, Paris,  SICA, Chauny,  - Italy:  Nuova Solmine, Massa Marittima,  - United Kingdom:  Cookson Minerals, Tyne &  Wear.  (b) Importers into the Community:  GMS (Chemiehandelsgesellschaft GmbH), Hamburg and Non-ferrous Metals GmbH, Duesseldorf (c) Information was also sought from producers in the United States which was selected as reference country for the establishment of normal value (see recitals 15 and 16).  For this purpose, questionnaires were sent to several United States producers and a verification was carried out at the premises of one of these producers, namely Anzon Incorporated of Philadelphia.  (8) The investigation covered the period from 1 March 1991 to 29 February 1992. It exceeded the time limit provided for pursuant to Article 7 (9) (a) of Regulation (EEC) No 2423/88 (hereinafter to as 'the Basic Regulation') because of difficulties in  finding a cooperating producer in an analogue market and the complexity of the injury examination.   B. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT   1. Product under consideration  (9) The product for which the proceeding was opened is RAT powder, chemical formula Sb2O3, falling within CN Code 2825 80 00. Its principal application is as a polymerization catalyst in polyester fibres and polyethylene  production, as a smelting agent in glass and an opacifer in ceramics.  The preliminary investigation revealed that RAT is sold in forms other than powder. This development stems from health and environmental concerns regarding the possible carcinogenic effects of inhaling RAT dust. To prevent dispersion of the RAT powder  it is increasingly mixed with water or oil-based substances and sold in damped, wetted or paste form. The mixture of the powder with these substances changes neither its basic, chemical or physical characteristics, nor end use.  (10) Presented in damped, wetted or paste form RAT is interchangeable with RAT powder particularly in those flame-retarding applications requiring high volumes of RAT, where factors such as particle size, or impurity levels are not critical.  RAT is also sold in masterbatch form. In this form the RAT powder of a guaranteed purity level and consistent particle size is mixed with products such as plastic to produce components which are principally used in high technology applications. After  the compounding process the RAT takes on the essential characteristics of the compound with which it is mixed and can no longer be regarded as RAT. Accordingly, the Commission has excluded it from the investigation.  The product under consideration is therefore: RAT originating in the People's Republic of China and presented in powder, damped, wetted or paste form and falling within CN code 2825 80 00.  The product thus defined is RAT.   2. Like product  (11) As regards the definition of like product within the meaning of Article 2 (2) of the Basic Regulation, the Commission has examined whether RAT of Community or United States' origin can be regarded as similar to the product under  consideration.  (12) In this respect the Commission has established that while the antimony content of the base materials used in the production of RAT may vary from country to country, this does not have a significant impact on the end product in terms of chemical and  physical characteristics, interchangeability or end use. The Commission therefore concludes that all qualities of RAT produced in the Community, the United States and the People's Republic of China have to be considered to be one single like product.   C. COMMUNITY INDUSTRY  (13) Two of the complaining Community producers, whose production was estimated to represent approximately 10 % of production of the like product in the Community, did not cooperate fully with the Commission investigation. The  remaining cooperating producers account for circa 90 % of Community production of the like product and therefore constitute a major proportion of total Community production.  This assessment relates to RAT in powder, paste and wetted forms and is based on information supplied by, and verified at, the cooperating Community producers.   D. INDIVIDUAL TREATMENT FOR CHINESE EXPORTERS  (14) The two cooperating Chinese exporters sought individual treatment on the grounds that they act independently of the State as separate profit centres and must assume full responsibility for the revenues  and expenses related to their business activities.  Individual treatment for exporters in non-market economy countries gives rise to a number of issues (see Council Regulation (EEC) No 2474/93 of 8 September 1993 (4), relating to bicycles originating in the People's Republic of China).  In any event, in the present case it is noted that one exporter is wholly-owned by the State and the other is a trading subsidiary of a State company. Under these circumstances, the Commission is not satisfied that these exporters enjoy permanent  independence from the State and accordingly takes the view that individual treatment should not be granted.   E. DUMPING   1. Reference country  (15) In order to establish whether imports of RAT originating in the People's Republic of China were being dumped, the Commission had to take into account the fact that it is not a market economy country and accordingly to base its  calculation on the normal value of the products in question in a market economy country (reference country). To this end, the complainant has suggested the Republic of Korea. This proposal was criticized by the cooperating Chinese exporters which  suggested Thailand as being a more appropriate choice.  (16) In any event, neither the Korean nor Thai producers cooperated with Commission's investigation. In the absence of any further suggestions from the Chinese exporters, producers in Bolivia, Brazil and the United States were contacted. One company,  Anzon Incorporated of Philadelphia, agreed to cooperate with the Commission. This company, which is a wholly-owned subsidiary of Cookson UK, was visited in order to verify its reply and to obtain a better knowledge of the production process of RAT in  the United States.  The United States was considered a reasonable choice of reference country because of the high volumes of RAT produced, and the open and highly competitive domestic market. In addition, the sales volume of the cooperating United States producer was found  to be representative in terms of Chinese RAT exports to the Community.  The cooperating Chinese exporters stressed that the People's Republic of China has a special comparative advantage in terms of ease of access to high-quality raw materials and the production process employed in RAT manufacture.  The Commission has examined available information regarding the production of RAT worldwide and while it could be argued that the producer which supplies the cooperating Chinese exporter may have certain advantages in terms of ease of access to quality  antimony ore, this would not preclude the choice of the United States as an analogue market since appropriate adjustments to normal value could be claimed to reflect such natural comparative advantages. However, no information was submitted to  substantiate these alleged advantages in respect of the production process. In any event, as more than 85 % of Chinese RAT exports to the Community are made by companies which did not cooperate in the investigation, the Commission is not in a position  to assess whether they enjoy these alleged comparative advantages.   2. Normal value  (17) In accordance with Article 2 (5) (a) of the Basic Regulation, the Commission considered whether normal value could be established on the basis of the prices at which the product concerned is sold for consumption on the United  States market. In this context, it was noted that the United States domestic market for the product concerned is characterized by vigorous competition between several producers both domestic and foreign, and that sales prices are dictated by this  competition and reflect an open and fully competitive market situation.  (18) Taking the above factors into account, normal value was established on the basis of the weighted average ex-works price of the cooperating producer's domestic sales to independent customers in the investigation period.  The cooperating Chinese exporters questioned the appropriateness of using the domestic sales prices of a company which was related to one of the complainants for the purposes of establishing normal value. The Commission considered that, given the highly  competitive nature of the United States market and the fact that normal value was based on arm's length sales prices, this relationship could not have a bearing on the normal value thus established.   3. Export price  (19) The export volumes of the cooperating Chinese exporters represented less than 14,5 % of total Chinese RAT imports into the Community during the reference period, while the cooperating independent importer accounted for less than 13  % of total Chinese RAT imports into the Community in the same period. These volumes were considered too small to be representative. In these circumstances export sales prices had to be based on the facts available in accordance with Article 7 (7) (b) of  the Basic Regulation, in this case Eurostat data. Although providing only an average export price for all transactions, the Eurostat data were in line with the prices reported by the cooperating independent importer.   4. Comparison  (20) Normal value, based on the weighted average ex-works price of the cooperating United States producer for RAT powder was compared with the weighted average export price established on the basis of Eurostat data. This export price free  at Community frontier was adjusted in accordance with Article 2 (10) of the Basic Regulation to take account of insurance and freight costs to bring it back to an ex-China border price.  No other adjustments were made or considered appropriate given the lack of cooperation by the Chinese exporters.   5. Dumping margin  (21) The preliminary examination of the facts shows the existence of dumping. The dumping margin being equal to the amount by which the normal value as established exceeds the price for export to the Community. Calculated as a  percentage of the free-at-Community-frontier price of the imports concerned, the dumping margin found is 43,2 %.   F. INJURY   1. Preliminary consideration  (22) The analysis of injury excludes data in respect of the non-cooperating producers. The Commission has no reason to believe, nor was any evidence submitted to suggest, that the exclusion of these data would influence the  trends established in its injury analysis.   2. Factors relating to the dumped imports  Apparent Community consumption (23) The Commission calculated total consumption by adding the total sales of the cooperating Community producers to total imports into the Community. On this basis, Community consumption of RAT increased by 8 % between 1989 and the reference period,  from 15 626 tonnes to 16 886 tonnes, having peaked at 18 320 tonnes in 1990.  Volume and market share of the dumped imports (24) On the basis of Eurostat data, imports of RAT from China increased by 32 % between 1988, when they stood at 3 601 tonnes, to 4 766 tonnes during the reference period, having peaked at 4 979 tonnes in 1990. Over the same period, the market share  held by the Chinese imports increased by 5,2 % from 23 % in 1988 to 28,2 % during the reference period.  Prices of the dumped imports (25) Prices of RAT from China declined by 32 % since 1988, the most significant decrease (21 %) occurring in 1990, when Chinese exports to the Community peaked at 4 979 tonnes.  The level of price undercutting in the reference period was established by a comparison between the average price of the imports from China (customs cleared - Community border) and the selling price ex-works of the like product sold by the Community  producers. For the purpose of this comparison and in the absence of information accounting for a representative proportion of total Chinese imports, the levels of trade were considered similar and accordingly no adjustments were made. The price  undercutting thus established for the investigation period was 32,5 %.   3. Factors relating to the state of the Community industry  Production (26) Production of the product concerned declined from 20 504 tonnes in 1988 to 19 657 tonnes in the reference period, having peaked at 22 379 tonnes in 1990.  Capacity utilization (27) The overall capacity of the Community industry increased by 500 metric tonnes between 1988 and the investigation period, from 37 560 tonnes in 1988 to 38 160 tonnes during the investigation period. Capacity utilization declined from 54,6 % to 51,5  % over the same period.  Stocks (28) Stock levels increased by 3 % between 1988 and the investigation period. It must be pointed out however that stock levels increased by 20 % in 1990 coicidental with the surge in Chinese imports.  Community industry sales and market share (29) While Chinese exports to the Community increased by 32 % between 1988 and the investigation period, Community producers' sales increased by a mere 3 % despite a somewhat greater increase in consumption. Community producers' sales increased from 10  994 tonnes in 1988 to 12 441 tonnes in 1990 with a decline to 11 344 tonnes during the investigation period which coincided with the surge in Chinese imports. The market shares of the Community producers showed a similar trend peaking in 1989 at 73 %  and declining between 1990 and the investigation period to 67,2 %.  Prices (30) Unit prices declined by 26,2 % between 1988 and the reference period.  Profitability (31) The price undercutting practised by the Chinese exporters forced the Community producers to decrease their prices which resulted in a 20 % decrease in the overall profitability of the Community producers between 1990 and the investigation period.  Nevertheless, the rate of profit achieved during the investigation period was, although reduced, still considered sufficient.  Employment (32) Between 1988 and the investigation period employment fell by 9 %.   CONCLUSION  (33) In view of the above factors the Commission considers that the Community industry has suffered from falling production and capacity utilization and declining sales, prices, market share and employment. However, the relatively high  profits achieved by the cooperating Community producers up to and including the investigation period, despite the presence on the Community market of the dumped Chinese imports, lead the Commission to conclude that the Community industry has not  suffered material injury, within the meaning of Article 4 (1) of the Basic Regulation.   G. THREAT OF MATERIAL INJURY  (34) In the absence of material injury, the Commission examined if there exists a threat thereof from the dumped imports and whether actual material injury is clearly foreseeable and imminent in accordance with Article 4  (3) of the Basic Regulation. To this end, the following factors were considered:  - production and capacity levels in the exporting country,  - the rate of incease of the dumped exports to the Community, and - the actual and potential negative effects on the development and production of the Community industry.  Notwithstanding the fact that the People's Republic of China has the largest reserves of antimony ore in the world, there is no substantive evidence to suggest that a significant increase in its production of refined antimony trioxide intended for  export to the Community is likely in the near future. While dumped imports increased between 1988 and the end of the investigation period, the rate of increase was not so marked as to prevent the Community industry from maintaining its profitability at  a level which can be considered sufficient. Furthermore, given the level of profit during the investigation period and taking into consideration the various indicators of the Community industry's performance (see recitals 26 to 32), the Commission  considers that it is not clearly foreseeable that the present situation is likely to develop into imminent material injury. This conclusion is not contradicted by the most recent information available to the Commission. In consequence, the adoption of  anti-dumping measures is deemed unjustified.   H. TERMINATION OF THE PROCEEDING  (35) Accordingly, the anti-dumping proceeding concerning imports of refined antimony trioxide originating in China should be terminated without protective measures being imposed.  (36) Interested parties were informed of the essential facts and considerations on the basis of which the Commission intended the proceeding. The complainant Community producers objected to the termination of the proceeding on the grounds that the  dumped imports had either already caused material injury or that a threat of imminent material injury existed. Several of these producers argued that their profitability had declined rapidly from 1988 up to and including the investigation period and had  deteriorated further thereafter. It was also argued that the Commission has underestimated the likelihood of a significant increase in the dumped imports and the potential negative effects of any such increase.  (37) With regard to the arguments outlined in recital 36, it should be pointed out that the Commission, in accordance with normal practice, assessed the situation of the Community industry globally on the basis of the facts established up to and  including the investigation period, and based its determination thereon.  While it is accepted that the financial situation of individual companies varied in that period, the Commission's assessment of the state of the Community industry and notably its financial situation, was based on the performance of the Community  industry as a whole. On that basis and taking into acount the level of profit still being achieved during the investigation period, the Commission considered that the Community industry did not suffer material injury.  With regard to the allegation that the likelihood of a significant increase in the dumped imports and their potential negative effects had been underestimated, as set out in recital 34, the complainant producers have not provided any new information  which would warrant a change in the Commission's position.  One producer argued that unlike the large multinationals, the small size of the Community companies involved in the proceeding meant that they did not have the resources to sustain losses and given the time taken to complete an anti-dumping  investigation it would be too late to act.  Whilke recognizing the differences between small companies and large multinationals with regard to their financial flexibility the Commission considers, however, that each case must be decided on its own merits on the basis of the facts established.  Accordingly, the Commission considers on the basis of the facts of this case that a finding of material injury or a threat thereof is not warranted. However, should the Community RAT industry lodge a new complaint containing prima facie evidence of  injurious dumping the Commission will conduct a new proceeding expeditiously.  (38) During the consultations within the Advisory Committee several Member States raised objections to the termination of the proceeding. Consequently, in accordance with Article 9 of the Basic Regulation, this Decision should take effect and be  published only if the Council does not decide otherwise within one month,  HAS DECIDED AS FOLLOWS:   Article 1  The anti-dumping proceeding concerning imports of refined antimony trioxide falling within CN Code 2825 80 00, originating in the People's Republic of China, is hereby terminated.   Article 2  This Decision shall take effect and be published in the Official Journal of the European Communities if the Council does not decide otherwise within one month in accordance with Article 9 (1) of Regulation (EEC) No 2423/88.  Done at Brussels, 6 June 1994.  For the Commission Leon BRITTAN Member of the Commission  (1) OJ No L 209, 2. 8. 1988, p. 1.  (2) OJ No L 66, 10. 3. 1994, p. 10.  (3) OJ No C 72, 21. 3. 1992, p. 6.  (4) OJ No L 228, 9. 9. 1993, p. 1.


Avis juridique important

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32000D0595

2000/595/EC: Council Decision of 26 September 2000 on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Government of the Republic of Guinea on fishing off the Guinean coast for the period 1 January 2000 to 31 December 2001

Official Journal L 250 , 05/10/2000 P. 0029 - 0030

Council Decisionof 26 September 2000on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Government of the Republic of Guinea on fishing off the Guinean coast for the period 1 January 2000 to 31 December 2001(2000/595/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 300(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) Pursuant to the second paragraph of Article 15 of the Agreement between the European Economic Community and the Government of the Republic of Guinea on fishing off the Guinean coast(1), the Community and the Republic of Guinea have conducted negotiations to determine any amendments or additions to be made to the Agreement at the end of the period of application of the Protocol annexed thereto.(2) As a result of those negotiations, a new Protocol was initialled on 17 December 1999.(3) Under that Protocol, Community fishermen have fishing rights in the waters under the sovereignty or jurisdiction of the Republic of Guinea for the period 1 January 2000 to 31 December 2001.(4) In order to avoid any interruption in the fishing activities of Community vessels, it is essential that the new Protocol be applied as quickly as possible. For this reason, the two Parties initialled an Agreement in the form of an Exchange of Letters providing for the provisional application of the initialled Protocol from the day following the date of expiry of the current Protocol. The Agreement in the form of an Exchange of Letters should be approved, pending a definitive decision under Article 37 of the Treaty.(5) The method of allocating the fishing rights among the Member States should be defined on the basis of the traditional allocation of fishing rights under the Fisheries Agreement,HAS DECIDED AS FOLLOWS:Article 1The Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out the fishing rights and financial contribution provided for in the Agreement between the European Community and the Government of the Republic of Guinea on fishing off the Guinean coast for the period 1 January 2000 to 31 December 2001 is hereby approved on behalf of the Community.The texts of the Agreement in the form of an Exchange of Letters and of the Protocol are attached to this Decision.Article 2The fishing rights set out in the Protocol shall be allocated among the Member States as follows:(a) fin-fish/cephalopods:>TABLE>(b) shrimps>TABLE>(c) tuna seiners:>TABLE>(d) pole-and-line tuna vessels:>TABLE>(e) surface longliners:>TABLE>If licence applications from those Member States do not exhaust the fishing rights set out in the Protocol, the Commission may consider licence applications from any other Member State.Article 3The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community(2).Done at Brussels, 26 September 2000.For the CouncilThe PresidentC. Tasca(1) OJ L 111, 27.4.1983, p. 1.(2) The date of entry into force of the Protocol shall be published in the Official Journal of the European Communities by the General Secretariat of the Council.


title: 2007/35/EC: Council Decision of 22 January 2007 on the conclusion of a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, extending the provisions of the Partnership and Cooperation Agreement to bilateral trade in textiles, taking account of the expiry of the bilateral textiles Agreement

text:
               24.1.2007

               EN

               Official Journal of the European Union

               L 17/13

         COUNCIL DECISION
   of 22 January 2007
   on the conclusion of a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, extending the provisions of the Partnership and Cooperation Agreement to bilateral trade in textiles, taking account of the expiry of the bilateral textiles Agreement
   (2007/35/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)

               On 13 March 2006 the Council authorised the Commission to enter into negotiations with the Republic of Azerbaijan to amend the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, (hereinafter referred to as the PCA), so as to ensure that the principles which apply to trade in other goods are also extended formally to trade in textile products. These negotiations have been successfully concluded.

               (2)

               The Protocol amending the PCA should be concluded by the European Community,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, extending the provisions of the Partnership and Cooperation Agreement to bilateral trade in textiles, taking account of the expiry of the bilateral textiles Agreement, is hereby approved on behalf of the Community.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol in order to bind the Community.

      Done at Brussels, 22 January 2007.

            For the Council

            The President

         F.-W. STEINMEIER

    ---documentbreak---

               24.1.2007

               EN

               Official Journal of the European Union

               L 17/14

         PROTOCOL
   to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, extending the provisions of the Partnership and Cooperation Agreement to bilateral trade in textiles, taking account of the expiry of the bilateral textiles Agreement
   THE EUROPEAN COMMUNITY,
   of the one part, and
   THE REPUBLIC OF AZERBAIJAN,
   of the other part,
   Whereas:

               (1)

               The Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, (hereinafter referred to as the PCA) entered into force on 1 July 1999.

               (2)

               Negotiations have taken place to ensure that the principles in the PCA which apply to trade in other goods are also extended formally to trade in textile products.

               (3)

               Appropriate amendments to the PCA should be adopted,

         HAVE AGREED AS FOLLOWS:
   Article 1
   The Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, is hereby amended as follows:

               1.

               in Article 12 the reference to Article 17 is deleted;

               2.

               Article 17 is deleted.

         Article 2
   This Protocol shall form an integral part of the PCA.
   Article 3
   This Protocol shall enter into force on the first day of the month following the date of signature.
   Article 4
   This Protocol is drawn up in duplicate in each of the official languages of the contracting parties, each of these texts being equally authentic.


title: 2009/666/EC: Decision of the European Parliament of 23 April 2009 on the closure of the accounts of the European GNSS Supervisory Authority for the financial year 2007

text:
               26.9.2009

               EN

               Official Journal of the European Union

               L 255/166

      DECISION OF THE EUROPEAN PARLIAMENT

   of 23 April 2009
   on the closure of the accounts of the European GNSS Supervisory Authority for the financial year 2007
   (2009/666/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European GNSS (1) Supervisory Authority for the financial year 2007 (2),

               —

               having regard to the Court of Auditors’ report on the final annual accounts of the European GNSS Supervisory Authority for the financial year 2007, together with the Authority’s replies (3),

               —

               having regard to the Council’s recommendation of 10 February 2009 (5588/2009 — C6-0060/2009),

               —

               having regard to the EC Treaty, and in particular Article 276 thereof,

               —

               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 (4), and in particular Article 185 thereof,

               —

               having regard to Council Regulation (EC) No 1321/2004 of 12 July 2004 on the establishment of structures for the management of the European satellite radio-navigation programmes (5), and in particular Article 12 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 (6), and in particular Article 94 thereof,

               —

               having regard to Rule 71 of, and Annex V to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A6-0164/2009),

               1.

               Notes that the final annual accounts of the European GNSS Supervisory Authority are as annexed to the Court of Auditors’ report;

               2.

               Approves the closure of the accounts of the European GNSS Supervisory Authority for the financial year 2007;

               3.

               Instructs its President to forward this Decision to the Executive Director of the European GNSS Supervisory Authority, 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

         Hans-Gert PÖTTERING

            The Secretary-General

         Klaus WELLE

      (1)  GNSS: global navigation satellite systems.

      (2)  OJ C 278, 31.10.2008, p. 38.

      (3)  OJ C 311, 5.12.2008, p. 107.

      (4)  OJ L 248, 16.9.2002, p. 1.

      (5)  OJ L 246, 20.7.2004, p. 1.

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


title: Council Decision (EU) 2015/2090 of 17 November 2015 appointing a German member of the Committee of the Regions

text:
               19.11.2015

               EN

               Official Journal of the European Union

               L 302/109

         COUNCIL DECISION (EU) 2015/2090
   of 17 November 2015
   appointing a German member of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the German Government,
   Whereas:

               (1)

               On 26 January, 5 February and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

               (2)

               A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Ms Jacqueline KRAEGE,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed as a member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               —

               Frau Heike RAAB, Staatssekretärin, Bevollmächtigte des Landes Rheinland-Pfalz beim Bund und für Europa, für Medien und Digitales.

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

      Done at Brussels, 17 November 2015.

            For the Council

            The President

         J. ASSELBORN

      (1)  OJ L 20, 27.1.2015, p. 42.

      (2)  OJ L 31, 7.2.2015, p. 25.

      (3)  OJ L 159, 25.6.2015, p. 70.