title: 2009/59/EC: Decision of the European Central Bank of 31 December 2008 on the paying-up of capital, transfer of foreign reserve assets and contributions by Národná banka Slovenska to the European Central Bank’s reserves and provisions (ECB/2008/33)

text:
               24.1.2009

               EN

               Official Journal of the European Union

               L 21/83

      DECISION OF THE EUROPEAN CENTRAL BANK

   of 31 December 2008
   on the paying-up of capital, transfer of foreign reserve assets and contributions by Národná banka Slovenska to the European Central Bank’s reserves and provisions
   (ECB/2008/33)
   (2009/59/EC)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ESCB Statute), and in particular Articles 30.1, 30.3, 49.1 and 49.2 thereof,
   Whereas:

               (1)

               Pursuant to Article 1 of Council Decision 2008/608/EC of 8 July 2008 in accordance with Article 122(2) of the Treaty on the adoption by Slovakia of the single currency on 1 January 2009 (1), Slovakia fulfils the necessary conditions for adoption of the euro and the derogations granted to it under Article 4 of the 2003 Act of Accession (2) will be abrogated with effect from 1 January 2009.

               (2)

               Article 49.1 of the ESCB Statute provides that the national central bank (NCB) of a Member State whose derogation has been abrogated must pay up its subscribed share of the capital of the European Central Bank (ECB) to the same extent as the NCBs of the other participating Member States. The NCBs of the existing participating Member States have paid up their shares in the ECB’s subscribed capital in full (3). The weighting of Národná banka Slovenska in the ECB’s capital key is 0,6934 %, pursuant to Article 2 of Decision ECB/2008/23 of 12 December 2008 on the national central banks’ percentage shares in the key for subscription to the European Central Bank’s capital (4). Národná banka Slovenska has already paid up part of its share in the ECB’s subscribed capital, pursuant to Article 1 of Decision ECB/2006/26 of 18 December 2006 laying down the measures necessary for the paying-up of the European Central Bank’s capital by the non-participating national central banks (5). The outstanding amount is therefore EUR 37 216 406,81, which results from multiplying the ECB’s subscribed capital (EUR 5 760 652 402,58) by the capital key weighting of Národná banka Slovenska (0,6934 %), minus the part of its share in the ECB’s subscribed capital that has already been paid up.

               (3)

               Article 49.1, in conjunction with Article 30.1, of the ESCB Statute provides that the NCB of a Member State whose derogation has been abrogated must also transfer foreign reserve assets to the ECB. Pursuant to Article 49.1 of the ESCB Statute, the sum to be transferred is determined by multiplying the euro value at current exchange rates of the foreign reserve assets which have already been transferred to the ECB in accordance with Article 30.1 of the ESCB Statute, by the ratio between the number of shares subscribed by the NCB concerned and the number of shares already paid up by the NCBs of the other participating Member States. When determining the ‘foreign reserve assets which have already been transferred to the ECB in accordance with Article 30.1’, due account should be taken of previous capital key adjustments (6) pursuant to Article 29,3 of the ESCB Statute and the ECB capital key expansions pursuant to Article 49.3 of the ESCB Statute (7). As a result, pursuant to Decision ECB/2008/27 of 12 December 2008 laying down the measures necessary for the contribution to the European Central Bank’s accumulated equity value and for adjusting the national central banks’ claims equivalent to the transferred foreign reserve assets (8), the euro equivalent of the foreign reserve assets which have already been transferred to the ECB under Article 30.1 of the ESCB Statute is EUR 44 154 040 257,26.

               (4)

               The foreign reserve assets to be transferred by Národná banka Slovenska should be in or be denominated in US dollars and gold.

               (5)

               Article 30.3 of the ESCB Statute provides that the ECB must credit each NCB of a participating Member State with a claim equivalent to the foreign reserve assets that it has transferred to the ECB. The provisions regarding the denomination and remuneration of the claims that have already been credited to the NCBs of the existing participating Member States (9) should also apply to the denomination and remuneration of the claims of Národná banka Slovenska.

               (6)

               Article 49.2 of the ESCB Statute provides that the NCB of a Member State whose derogation has been abrogated must contribute to the ECB’s reserves, to those provisions equivalent to reserves, and to the amount still to be appropriated to the reserves and provisions corresponding to the balance of the profit and loss account as at 31 December of the year prior to abrogation of the derogation. The amount of this contribution is determined in accordance with Article 49.2 of the ESCB Statute.

               (7)

               By analogy with Article 3.5 of the Rules of Procedure of the European Central Bank (10), the Governor of Národná banka Slovenska has had the opportunity to make observations on this Decision before its adoption,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Definitions
   For the purposes of this Decision:

               —

               ‘participating Member State’ means a Member State that has adopted the euro,

               —

               ‘foreign reserve assets’ means securities, gold or cash,

               —

               ‘gold’ means fine troy ounces of gold in the form of London Good Delivery bars, as specified by the London Bullion Market Association,

               —

               ‘Eurosystem’ means the ECB and NCBs of participating Member States,

               —

               ‘securities’ means any security or financial instrument as specified by the ECB,

               —

               ‘cash’ means the lawful currency of the United States (US dollar).

         Article 2
   Payment of capital
   1.   With effect from 1 January 2009, Národná banka Slovenska shall pay up the remaining parts of its share in the ECB’s subscribed capital, which correspond to EUR 37 216 406,81.
   2.   Národná banka Slovenska shall pay the amount specified in paragraph 1 to the ECB on 2 January 2009, by means of a separate transfer via the Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET2).
   3.   Národná banka Slovenska shall, by a separate TARGET2 transfer, pay to the ECB on 2 January 2009 the interest accrued on 1 January 2009 on the amount due to the ECB under paragraph 2.
   4.   Any interest accruing under paragraph 3 shall be calculated on a daily basis, using the actual over-360-day method of calculation, at a rate equal to the marginal interest rate used by the Eurosystem in its most recent main refinancing operation.
   Article 3
   Transfer of foreign reserve assets
   1.   Národná banka Slovenska shall transfer to the ECB, with effect from 1 January 2009 and in accordance with this Article and the arrangements taken pursuant to it, an amount of foreign reserve assets denominated in US dollars and gold that is equivalent to EUR 443 086 155,98, as follows:

               Euro-equivalent amount of US dollar securities and cash

               Euro-equivalent amount of gold

               Aggregate euro-equivalent amount

               376 623 232,58

               66 462 923,40

               443 086 155,98

         2.   The euro-equivalent amount of foreign reserve assets to be transferred by Národná banka Slovenska under paragraph 1 shall be calculated on the basis of the exchange rates between the euro and the US dollar established as a result of the 24-hour written consultation procedure on 31 December 2008 between the Eurosystem and Národná banka Slovenska and, in the case of gold, on the basis of the US dollar price of gold per fine troy ounce established in the London gold fixing at 10.30 a.m., London time, on 31 December 2008.
   3.   The ECB shall confirm to Národná banka Slovenska as soon as possible the amount calculated in accordance with paragraph 2.
   4.   Národná banka Slovenska shall transfer to the ECB a portfolio of securities denominated in US dollars and cash whose relative Value at Risk (VaR) vis-à-vis the ECB tactical benchmark at the time of the transfer does not exceed the limit applying to the trading portfolios vis-à-vis the tactical benchmark as set by the ECB. The portfolio of securities denominated in US dollars and cash should also be in conformity with the credit limits specified by the ECB.
   5.   The transfer of cash shall take place to such accounts as are specified by the ECB. The settlement date for the cash to be transferred to the ECB shall be 2 January 2009. Národná banka Slovenska shall give instructions to effect such transfer to the ECB.
   6.   The value of the gold which Národná banka Slovenska transfers to the ECB in accordance with paragraph 1 shall be as close as possible to, but no more than EUR 66 462 923,40.
   7.   Národná banka Slovenska shall transfer the gold referred to in paragraph 1 in uninvested form to such accounts and at such locations as are specified by the ECB. The settlement date for the gold to be transferred to the ECB shall be 5 January 2009. Národná banka Slovenska shall give instructions to effect such transfer to the ECB.
   8.   If Národná banka Slovenska transfers gold to the ECB with a value of less than the amount specified in paragraph 1, then on 5 January 2009 it shall transfer an amount of US dollar cash equivalent to the shortfall to an account of the ECB as specified by the ECB. Any such US dollar cash shall not form part of the foreign reserve assets denominated in US dollars which Národná banka Slovenska transfers to the ECB in accordance with paragraph 1.
   9.   Národná banka Slovenska shall transfer securities to the ECB to such accounts as are specified by the ECB. The settlement date for securities to be transferred to the ECB shall be 2 January 2009. Národná banka Slovenska shall give instructions for the transfer of the ownership of securities to the ECB on the settlement date. The value of all such securities shall be calculated on the basis of prices designated by the ECB.
   10.   The euro equivalent of the sum of the value of all securities transferred to the ECB and the cash shall be equal to the amount indicated in paragraph 1.
   11.   The difference, if any, between the aggregate euro-equivalent amounts mentioned in paragraph 1 and the amount mentioned in Article 4(1) shall be settled in accordance with the Agreement of 31 December 2008 between the European Central Bank and Národná banka Slovenska regarding the claim credited to Národná banka Slovenska by the European Central Bank under Article 30.3 of the Statute of the European System of Central Banks and of the European Central Bank (11).
   Article 4
   Denomination, remuneration and maturity of the claims equivalent to the contributions
   1.   With effect from 1 January 2009, and subject to the specifications in Article 3 regarding the settlement dates of the transfers of foreign reserve assets, the ECB shall credit Národná banka Slovenska with a claim denominated in euro, equivalent to the aggregate euro amount of its contribution of foreign reserve assets. This claim corresponds to EUR 399 443 637,59.
   2.   The claim credited by the ECB to Národná banka Slovenska shall be remunerated from the settlement date. The interest accruing shall be calculated on a daily basis, using the actual over-360-day method of calculation, at a rate equivalent to 85 % of the marginal interest rate used by the Eurosystem in its most recent main refinancing operation.
   3.   The claim shall be remunerated at the end of each financial year. Each quarter the ECB shall inform Národná banka Slovenska of the cumulative amount.
   4.   The claim shall not be redeemable.
   Article 5
   Contributions to the ECB’s reserves and provisions
   1.   With effect from 1 January 2009 and in accordance with Article 3(5) and (6), Národná banka Slovenska shall contribute to the ECB’s reserves, to those provisions equivalent to reserves, and to the amount still to be appropriated to the reserves and provisions corresponding to the balance of the profit and loss account at 31 December 2008.
   2.   The amounts to be contributed by Národná banka Slovenska shall be determined in accordance with Article 49.2 of the ESCB Statute. The references in Article 49.2 to ‘the number of shares subscribed by the central bank concerned’ and ‘the number of shares already paid up by the other central banks’ shall refer to the weighting of Národná banka Slovenska, and the NCBs of the existing participating Member States in the ECB’s capital key, pursuant to Decision ECB/2008/23.
   3.   For the purposes of paragraph 1, ‘the ECB’s reserves’ and ‘provisions equivalent to reserves’ shall include the ECB’s general reserve fund, balances on revaluation accounts and provisions for foreign exchange rate, interest rate, market price and gold price risks.
   4.   At the latest on the first working day following the Governing Council’s approval of the ECB’s annual accounts for the year 2008, the ECB shall calculate and confirm to Národná banka Slovenska the amount to be contributed by Národná banka Slovenska under paragraph 1.
   5.   On the second working day following the Governing Council’s approval of the ECB’s annual accounts for the year 2008, Národná banka Slovenska shall, via TARGET2, pay to the ECB:

               (a)

               the amount due to the ECB under paragraph 4; and

               (b)

               the interest accrued from 1 January 2009 until the payment date on the amount due to the ECB under paragraph 4.

         6.   Any interest accruing under paragraph 5(b) shall be calculated on a daily basis, using the actual over-360-day method of calculation, at a rate equal to the marginal interest rate used by the Eurosystem in its most recent main refinancing operation.
   Article 6
   Competencies
   1.   To the extent necessary, the Executive Board of the ECB shall issue instructions to Národná banka Slovenska to further specify and give effect to any provision of this Decision and to provide for appropriate remedies to address any problems that may arise.
   2.   Any instruction issued by the Executive Board under paragraph 1 shall be promptly notified to the Governing Council, and the Executive Board shall comply with any decision of the Governing Council thereon.
   Article 7
   Final provision
   This Decision shall enter into force on 1 January 2009.

      Done at Frankfurt am Main, 31 December 2008.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  OJ L 195, 24.7.2008, p. 24.

      (2)  Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (OJ L 236, 23.9.2003, p. 33).

      (3)  Decision ECB/2006/22 of 15 December 2006 laying down the measures necessary for the paying-up of the European Central Bank’s capital by the participating national central banks (OJ L 24, 31.1.2007, p. 3).

      (4)  See page 66 of this Official Journal.

      (5)  OJ L 24, 31.1.2007, p. 15.

      (6)  Decision ECB/2003/17 of 18 December 2003 on the national central banks’ percentage shares in the key for subscription to the European Central Bank’s capital (OJ L 9, 15.1.2004, p. 27), and Decision ECB/2008/23.

      (7)  Decision ECB/2004/5 of 22 April 2004 on the national central banks’ percentage shares in the key for subscription to the European Central Bank’s capital (OJ L 205, 9.6.2004, p. 5) and Decision ECB/2006/21 of 15 December 2006 on the national central banks’ percentage shares in the key for subscription to the European Central Bank’s capital (OJ L 24, 31.1.2007, p. 1).

      (8)  See page 77 of this Official Journal.

      (9)  Pursuant to Guideline ECB/2000/15 of 3 November 1998 as amended by the Guideline of 16 November 2000 on the composition, valuation and modalities for the initial transfer of foreign-reserve assets, and the denomination and remuneration of equivalent claims (OJ L 336, 30.12.2000, p. 114).

      (10)  Adopted by Decision ECB/2004/2 of 19 February 2004 adopting the Rules of Procedure of the European Central Bank (OJ L 80, 18.3.2004, p. 33).

      (11)  OJ C 18, 24.1.2009, p. 3.


title: Decision of the President of the European Commission of 10 January 2011 on the appointment of the members of the European Group on Ethics in Science and New Technologies for its fourth mandate

text:
               15.1.2011

               EN

               Official Journal of the European Union

               C 12/9

         DECISION OF THE PRESIDENT OF THE EUROPEAN COMMISSION
   of 10 January 2011
   on the appointment of the members of the European Group on Ethics in Science and New Technologies for its fourth mandate
   2011/C 12/04
   THE PRESIDENT OF THE EUROPEAN COMMISSION,
   Having regard to the Commission Decision dated 16 December 1997 (SEC(97) 2404) creating the European Group on Ethics in Science and New Technologies (EGE) and authorising the President of the European Commission to appoint the members;
   Having regard to the Commission Decision dated 26 March 2001 (C(2001) 691) concerning the amendment to the remit of the European Group on Ethics in Science and New Technologies;
   Having regard to the Commission Decision dated 11 May 2005 (2005/383/EC) concerning the renewal of the remit of the European Group on Ethics in Science and New Technologies, and extended by Commission Decision 2009/757/EC (1);
   Having regard to the 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 (2),
   Whereas:

               (1)

               The EGE is an independent and multidisciplinary consultative body to the European Commission, composed of up to 15 members;

               (2)

               One hundred and fifty-two applications were received following the call for expressions of interest (3). Fourteen of the previous EGE members are eligible for re-election (4) and 12 of these wish to be considered;

               (3)

               It is necessary to ensure an appropriate range of professional skills and experience in the EGE membership;

               (4)

               Members are appointed ad personam for their personal competences and qualities,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The mandate of the following outgoing EGE members is renewed for a period of five years:

               1.

               Emmanuel Agius

               2.

               Inez de Beaufort

               3.

               Hille Haker

               4.

               Julian Kinderlerer

               5.

               Linda Nielsen

               6.

               Paula Martinho da Silva

               7.

               Pere Puigdoménech Rosell

               8.

               Günter Virt

         Article 2
   The following individuals are appointed as EGE members for a period of five years:

               1.

               Peter Dabrock

               2.

               Andrzej Górski

               3.

               Ritva Tuulikki Halila

               4.

               Herman Nys

               5.

               Siobhán Marie O'Sullivan

               6.

               Laura Palazzani

               7.

               Marie-Jo Thiel

         Article 3
   This Decision will be published in the Official Journal of the European Union.

      Done at Brussels, 10 January 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 270, 15.10.2009, p. 18.

      (2)  OJ L 1, 5.1.2010, p. 8.

      (3)  See the fourth bullet of Article 3(2) of Decision 2010/1/EU: ‘The identification and selection of the EGE members will be made on the basis of an open call for expressions of interest.’

      (4)  See the third bullet of Article 3(2) of Decision 2010/1/EU: ‘Each member of the EGE shall be appointed for a term of five years. Such appointment may be renewable for a maximum of two further terms.’


title: Council Decision of 10 November 1969 on the conclusion of an Agreement between the European Economic Community and India on trade in jute products

text:
                                      Official Journal of the European Communities                                      303
No L 287/32                           Official Journal of the European Communities                                  15.11.69
                                                  COUNCIL DECISION
                                                   of 10 November 1969
                on the conclusion of an Agreement between the European Economic Community and India
                                                  on trade in jute products.
                                                       (69/406/EEC)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          of the European Economic Community. The text of that
                                                                   Agreement is annexed to this Decision.
 Having regard to the Treaty establishing the European
 Economic Community, and in particular Articles 111 ,
 1 14 and 228 thereof;
                                                                                Article 2
 Having regard to the report from the Commission;
                                                                   The President of the Council is hereby authorized to de
 Whereas during the 1964/67 multilateral trade nego               signate the person empowered to sign the Agreement and
 tiations the Community undertook to enter into nego              to confer on him the powers required in order to bind the
 tiations with India with a view to reaching a satisfac           Community.
 tory arrangement on trade in jute products ;
Whereas during the negotiations between India and the
Community a draft agreement was drawn up and whereas
that draft is acceptable to the Community,
 HAS DECIDED AS FOLLOWS :                                          Done at Brussels, 10 November 1969.
                          Article I                                                                  For the Council
An Agreement on trade in jute products, in the form of                                                The President
 an Exchange of Letters, is concluded with India on behalf                                          H. J. DE KOSTER
 ---pagebreak--- 304                                                     Official Journal of the European Communities
                                                                                ANNEX
               Your Excellency,
               During the GATT trade negotiations the Community amplified its tariff proposals for jute products
               in the following Declaration of Intent :
                       'The EEC is prepared to enter into negotiations with India and Pakistan as soon as possible on the
                       various problems arising in the trade in jute products, with the following objectives :
                       — to offer to these two countries better access to the Community market within the framework
                           of mutually satisfactory arrangements ;
                       — to arrange for periodic reviews of the situation for the purpose of resolving any questions which
                           may arise in the application of such arrangements.'
               In accordance with that declaration , negotiations between the Community and representatives of your
               Government were entered into in June 1967 .
               During those negotiations the two Parties agreed, as you know, to seek mutually acceptable solutions
               while observing the following principles :
              — progressive enlargement of access to the Community market for India ;
              — maintenance of the overall activity of the European jute industry at its present level .
               In consequence, I have the honour to confirm that the two Parties have agreed as follows :
              A. The Community:
                    1 . agrees, from the entry into force of the Agreement, to apply the tariff concessions agreed in the
                          Kennedy Round for products in categories 1 to 6 (see the definition of those categories and the
                         agreed duties annexed) (')
                   2. agrees to suspend customs duties on all imports of packing material, in accordance with the pro
                         visions of the Customs Convention on the Temporary Importation of Packing Material.
              B. In return, India agrees:
                   — to restrict its total deliveries to the Community of products in categories 4 and 5 to 5 500 metric
                         tons for the calendar year 1969, with an increase of 250 metric tons per year for each of the fol
                         lowing years.
                   — it being understood that :
                         — the quantitative restrictions in force in certain Member States in respect of the two categories
                             of products will be suspended during the period of validity of the Agreement ;
              (') The tariff concessions apply to the Common Customs Tariff headings and subheadings indicated below :
                  57.06 Yarnofjute                                                                                8%
                  57.10 Woven fabrics of jute :
                          A. Of a width of not more than 1 50 cm and weighing per m2
                                1 . Less than 310 g                                                                    20%
                              11 . Not less than 310 g but not more than 500 g                                         19%
                             111 . Morethan 500g                                                                       15%
                          B. Of a width of more than 150 cm                                                            22%
                  62.03 Sacks and bags, of a kind used for the packing of goods :
                          A. Ofjute fabrics :
                              II . Other :
                                    ( a ) Of woven fabrics weighing less than 310 g/ m2                                20%
                                    ( b) Of woven fabrics weighing not less than 310 but not more than 500 g/ m2       I9° „
                                    ( c) Of woven fabrics weighing more than 500 g/ m2                                 1 5 "„
H. E. Ambassador Th . Swaminathan
Head of the Indian Mission to the European Community,
121 Avenue Molière,
Brussels
 ---pagebreak---                              Official Journal of the European Communities                                  305
        — the Community will not object to the ceiling mentioned above being exceeded if there should .
            be additional requirements on the Community market ;
        — this Community ceiling will be administered by dual supervision .
 C. A Joint Cooperation Committee shall be established . It shall consist of representatives of India and
    representatives of the European Economic Community. The Committee shall meet, at the request
    of one of the Parties, at least once a year.
    — to review all important aspects of the jute economy as a whole, including competition on third
        country markets for manufactured jute products ;
    — to seek mutually acceptable solutions ;
    — to submit proposals to the respective competent authorities.
D. The first annual review provided for under item C above shall be a general review of all the jute pro
    ducts listed in the Annex .
E. This Agreement shall enter into force on the first day of the second month following the date of its
    signature . It is concluded for the period to 31 December, 1972.
I shall be grateful if you will confirm the agreement of your Government with the contents of this letter.
Please accept, Your Excellency, the assurance of my highest consideration .
                                                                     President of the Delegation
                                                                     of the European Communities
Definition of the categories of jute products and duties agreed in the Kennedy Round
 Category 1 : Woven fabrics of jute of a width of not more than 150 cm and weighing more than
                500 g/m2 and sacks of woven jute fabrics weighing more than 500 g/ m2                15 %
Category 2 : Woven fabrics of jute of a width of not more than 150 cm and weighing not less
                than 310 g/m2 but not more than 500 g per sq m and sacks of woven jute fabrics
                weighing not less than 310 g per sq m but not more than 500 g/m2                     19 %
 Category 3 : Woven fabrics of jute of a width of not more than 150 cm and weighing less than
                310 g/m2 and sacks of woven jute fabrics weighing less than 310 g/m2                20 %
Category 4: Woven fabrics of jute of a width of more than 1 50 cm but not more than 230 cm,
                of whatever weight per m2                                                           22 %
Category 5 : Woven fabrics of jute of a width of more than 230 cm, of whatever weight per m2 . . 22 %
Category 6 : Jute yarn                                                                                8%
 ---pagebreak--- 306                                        Official Journal of the European Communities
     Sir,
     I have the honour to acknowledge your letter of                                                         worded as follows :
     ' During the GATT trade negotiations the Community amplified its tariff proposals for jute in the fol
     lowing Declaration of Intent :
          "The EEC is prepared to enter into negotiations with India and Pakistan as soon as possible on the
          various problems arising in the trade in jute products, with the following objectives :
         — to offer to these two countries better access to the Community market within the framework of
              mutually satisfactory arrangements ;
          — to arrange for periodic reviews of the situation for the purpose of resolving any questions which
              may arise in the application of sucb arrangements."
    In accordance with that declaration , negotiations between the Community and representatives of your
    Government were entered into in June 1967 .
    During those negotiations the two Parties agreed, as you know, to seek mutually acceptable solutions
    while observing the following principles :
    — progressive enlargement of access to the Community market for India ;
    — maintenance of the overall activity of the European jute industry at its present level .
    In consequence, I have the honour to confirm that the two Parties have agreed as follows :
    A. The Community :
         1 . agrees, from the entry into force of the Agreement, to apply the tariff concessions agreed in the
              Kennedy Round for products in categories 1 to 6 (see the definition of those categories and the
             agreed duties annexed .) (')
         2. agrees to suspend customs duties on all imports of packing material , in accordance with the pro
             visions of the Customs Convention on the Temporary Importation of Packing Material .
    B. In return, India agrees:
         — to restrict its total deliveries to the Community of products in categories 4 and 5 to 5 500 metric
             tons for the calendar year 1969, with an increase of 250 metric tons per year for each of the fol
             lowing years.
         — it being understood that :
             the quantitative restrictions in force in certain Member States in respect of the two categories of
                   products will be suspended during the period of validity of the Agreement ;
             — the Community will not object to the ceiling mentioned above being exceeded if there should
                   be additional requirements on the Community market ;
    (') The tariff concessions apply to the Common Customs Tariff headings and subheadings indicated below :
        57.06 Yarn of jute                                                                                8%
        57.10 Woven fabrics of jute :
               A. Of a width of not more than 150 cm and weighing per m2
                      I. Less than 310 g                                                                                20%
                    II . Not less than 310 g but not more than 500 g                                                        19%
                   III . More than 500 g                                                                                15%
               B. Of a width of more than 150 cm                                                                            22%
        62.03 Sacks and bags, of a kind used for the packing of goods :
              A. Of jute fabrics :
                    II . Other :
                         (a) Of woven fabrics weighing less than 310 g/mJ                                                   20%
                         (b) Of woven fabrics weighing not less than 310 but not more than 500 g/m2                         19% .
                         (c) Of woven fabrics weighing more than 500 g/m2                                                   15%
    To Mr
    Head of the Delegation
    of the European Communities
 ---pagebreak---                            Official Journal of the European Communities                                   307
       — this Community ceiling shall be administered by dual supervision .
C. A Joint Cooperation Committee shall be established. It shall consist of representatives of India and
   representatives .of the European Economic Community. The Committee shall meet, at the request
   of one of the Parties, at least once a year,
   — to review all important aspects of the jute economy as a whole, including competition in third
       country markets for manufactured jute products,
   — to seek mutually acceptable solutions,
   — to submit proposals to the respective competent authorities .
D. The first annual review provided for under item C above shall be a general review of all the jute pro
   ducts listed in the Annex .
E. This Agreement shall enter into force on the first day of the second month following the date of its
   signature. It is concluded for the period to 31 December 1972.'
Please accept, Your Excellency, the assurance of my highest consideration .
                                                                              SWAM] NATHAN
                                                                         Head of the Indian Delegation


title: 87/473/EEC: Council Decision of 11 December 1986 concerning the provisional application of the Agreement between the European Economic Community and the Eastern Republic of Uruguay on trade in textile products

text:
No L 263 / 120                          Official Journal of the European Communities                                            14 . 9 . 87
                                                    COUNCIL DECISION
                                                     of 11 December 1986
                 concerning the provisional application of the Agreement between the European Economic
                       Community and the Eastern Republic of Uruguay on trade in textile products
                                                         ( 87 / 473 / EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              trade in textile products shall be applied provisionally as
                                                                       from 1 January 1987 pending its formal conclusion provided
Having regard to the Treaty establishing the European                  that there is a reciprocal provisional application on the part
Economic Community , and in particular Article 113                     of the contracting country .
thereof,
Having regard to the proposal from the Commission ,                    The text of the Agreement is attached to this Decision ( 1 ).
Whereas the Commission has , on behalf of the European
Economic Community , negotiated an Agreement with
Uruguay on trade in textile products ;                                                               Article 2
Whereas the said Agreement should be applied provisionally
as from 1 January 1987 pending the completion of the                   The Commission is invited to inform the contracting country
procedures necessary for its conclusion , provided that there          of this Decision and seek its agreement thereto , which will be
is a reciprocal provisional application on the part of the             duly communicated to the Council .
contracting country ,
HAS DECIDED AS FOLLOWS :
                                                                       Done at Brussels , 11 December 1986 .
                         Article 1                                                                                For the Council
                                                                                The President
The Agreement between the European Economic
Community and the Eastern Republic of Uruguay on                                                                     K. CLARKE
                                                                       (') For technical reasons this Agreement is published in the Official
                                                                           Journal ofthe European Communities in the language in which it
                                                                           was negotiated .


               27.7.2016

               EN

               Official Journal of the European Union

               C 274/47

         P8_TA(2014)0034
   Election of the Commission
   European Parliament decision of 22 October 2014 electing the Commission (2014/2164(INS))
   (2016/C 274/10)

      The European Parliament,

               —

               having regard to the second and third subparagraphs of Article 17(7) of the EU Treaty,

               —

               having regard to Article 106a of the Euratom Treaty,

               —

               having regard to European Council Decision 2014/414/EU of 27 June 2014 (1), proposing Jean-Claude Juncker as candidate for President of the Commission,

               —

               having regard to the statement and the presentation of his political guidelines made in plenary sitting by Jean-Claude Juncker on 15 July 2014,

               —

               having regard to its decision of 15 July 2014 (2) electing Jean-Claude Juncker as President of the Commission,

               —

               having regard to European Council Decision 2014/639/EU (3), taken with the agreement of the President-elect of the Commission, of 30 August 2014 appointing the High Representative of the Union for Foreign Affairs and Security Policy,

               —

               having regard to Council Decision 2014/716/EU, Euratom, taken by common accord with the President-elect of the Commission, of 15 October 2014 adopting the list of the other persons whom the Council proposes for appointment as Members of the Commission, repealing and replacing Decision 2014/648/EU, Euratom (4),

               —

               having regard to the hearings of the Commissioners-designate held from 29 September to 20 October 2014 before the parliamentary committees and in a meeting of the Conference of Presidents open to all Members, and to the evaluations of the Commissioners-designate after the hearings,

               —

               having regard to the examination conducted at the meeting of the Conference of Committee Chairs of 21 October 2014 and at the meeting of the Conference of Presidents of 21 October 2014,

               —

               having regard to the statement made in plenary sitting by the President-elect of the Commission on 22 October 2014,

               —

               having regard to Rule 118 of, and Annex XVI to, its Rules of Procedure,

               1.

               Gives its consent to the appointment of the President, the Vice-President for External Relations (High Representative of the Union for Foreign Affairs and Security Policy) and the other Members of the Commission, as a body, for the term of office running to 31 October 2019;

               2.

               Instructs its President to forward this decision to the European Council, the Council of Ministers and the President-elect of the Commission.

      (1)  OJ L 192, 1.7.2014, p. 52.

      (2)  Texts adopted, P8_TA(2014)0002.

      (3)  OJ L 262, 2.9.2014, p. 6.

      (4)  OJ L 299, 17.10.2014, p. 29.


Avis juridique important

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31998D0164

98/164/EC: Commission Decision of 26 February 1998 terminating the anti-dumping proceeding concerning imports of silicon metal originating in Brazil

Official Journal L 058 , 27/02/1998 P. 0058 - 0059

COMMISSION DECISION of 26 February 1998 terminating the anti-dumping proceeding concerning imports of silicon metal originating in Brazil (98/164/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1), as amended by Regulation (EC) No 2331/96 (2), and in particular Articles 9 and 11 thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE 1. Measures in force (1) By Regulation (EEC) No 2305/92 (3) the Council imposed a definitive anti-dumping duty on imports of silicon metal originating in Brazil.2. Request for a review (2) Following the publication in February 1997 of a Notice of the impending expiry (4) of the measures in force, the Commission received in May 1997 a request for a review lodged by the Liaison Committee of the ferro-alloy industry (EuroAlliages) on behalf of four Community producers representing the total production of the product concerned in the Community. The request contained evidence of dumping of the product originating in Brazil and of material injury likely to result in the event of expiry of the existing measures which was considered sufficient to justify the initiation of an expiry review.(3) The Commission announced by a Notice published in the Official Journal of the European Communities (5) the initiation of a review of the anti-dumping measures applicable to imports into the Community of silicon metal originating in Brazil and falling within CN code 2804 69 00 and commenced an investigation pursuant to Article 11(2) of Regulation (EC) No 384/96 (hereinafter referred to as the 'Basic Regulation`).3. Investigation (4) The Commission officially advised the producers/exporters and importers known to be concerned as well as their associations, the representative of the exporting country, the complainant Community producers and representative users of the initiation of the review. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time-limit set in the Notice referred to in recital (3).B. WITHDRAWAL OF THE REQUEST FOR AN EXPIRY REVIEW AND TERMINATION OF THE PROCEEDING (5) By letter dated 27 November 1997, EuroAlliages formally withdrew its request for the expiry review concerning imports of silicon metal originating in Brazil and consequently, for the ongoing review investigation.In accordance with Article 11(5) in conjunction with Article 9(1) of the Basic Regulation, when the Community industry withdraws its request for an expiry review, the proceeding may be terminated unless such termination would not be in the Community interest. The present investigation has not brought to light any considerations of Community interest which would support the continuation of the proceeding.(6) In this context, it should be recalled that in parallel with the expiry review, the Commission was carrying out an interim review limited to dumping and initiated on 7 January 1997 (6) at the request of two producers/exporters in Brazil.(7) The corresponding investigation showed no dumping for both producers/exporters and would have resulted in a repeal of the measures for both exporters.(8) Interested parties were informed of the essential facts and considerations on the basis of which the Commission intended to terminate the proceeding and were given the opportunity to comment. None of the interested parties referred to in Article 21 of the Basic Regulation submitted any comments indicating that such termination would not be in the Community interest.(9) The Advisory Committee has been consulted and has raised no objection.(10) In the light of the above, the Commission has concluded that the continuation of protective measures in unnecessary and that the proceeding should be terminated,HAS DECIDED AS FOLLOWS:Sole Article The anti-dumping proceeding concerning imports of silicon metal falling within CN code 2804 69 00 originating in Brazil is hereby terminated.Done at Brussels, 26 February 1998.For the CommissionLeon BRITTANVice-President(1) OJ L 56, 6. 3. 1996, p. 1.(2) OJ L 317, 6. 12. 1996, p. 1.(3) OJ L 222, 7. 8. 1992, p. 1.(4) OJ C 36, 5. 2. 1997, p. 12.(5) OJ C 242, 8. 8. 1997, p. 3.(6) OJ C 3, 7. 1. 1997, p. 13.


Avis juridique important

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31980D0875

80/875/EEC: Commission Decision of 17 September 1980 accepting undertakings given by Romanian exporters in connection with the anti-dumping proceeding concerning imports of certain tubes of iron or steel originating in that country, and terminating that proceeding

Official Journal L 249 , 20/09/1980 P. 0024

****( 1 ) OJ NO L 339 , 31 . 12 . 1979 , P . 1 .  ( 2 ) OJ NO C 21 , 24 . 1 . 1979 , P . 2 .        COMMISSION DECISION   OF 17 SEPTEMBER 1980   ACCEPTING UNDERTAKINGS GIVEN BY ROMANIAN EXPORTERS IN CONNECTION WITH THE ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF CERTAIN TUBES OF IRON OR STEEL ORIGINATING IN THAT COUNTRY , AND TERMINATING THAT PROCEEDING  ( 80/875/EEC )   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 3017/79 OF 20 DECEMBER 1979 ON PROTECTION AGAINST DUMPED OR SUBSIDIZED IMPORTS FROM COUNTRIES NOT MEMBERS OF THE COMMUNITY ( 1 ), AND IN PARTICULAR ARTICLE 10 THEREOF ,   AFTER HEARING THE OPINIONS EXPRESSED BY THE ADVISORY COMMITTEE SET UP UNDER THAT REGULATION ,   WHEREAS THE COMMISSION RECEIVED A COMPLAINT LODGED BY THE LIAISON COMMITTEE OF THE EEC STEEL TUBE INDUSTRY ON BEHALF OF THE MAJORITY OF COMMUNITY MANUFACTURERS OF GAS PIPES AND STRUCTURAL TUBES ; WHEREAS THE COMPLAINT CONTAINED EVIDENCE OF THE EXISTENCE OF DUMPING IN RESPECT OF LIKE PRODUCTS ORIGINATING IN ROMANIA , AND OF SUBSTANTIAL INJURY RESULTING THEREFROM ;   WHEREAS THE SAID EVIDENCE WAS SUFFICIENT TO JUSTIFY INITIATING AN INVESTIGATION ;   WHEREAS THE COMMISSION ACCORDINGLY ANNOUNCED , BY A NOTICE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES ( 2 ), THE INITIATION OF A PROCEEDING CONCERNING IMPORTS OF SUCH PRODUCTS ORIGINATING IN ROMANIA , AND COMMENCED AN INVESTIGATION OF THE MATTER AT COMMUNITY LEVEL ;   WHEREAS THE COMMISSION OFFICIALLY SO ADVISED THE EXPORTERS AND IMPORTERS KNOWN TO BE CONCERNED ;   WHEREAS THE COMMISSION HAS GIVEN THE PARTIES DIRECTLY CONCERNED THE OPPORTUNITY TO MAKE KNOWN THEIR VIEWS IN WRITING AND TO BE HEARD ORALLY , AND TO MEET SO THAT EACH SIDE MIGHT STATE ITS CASE ;   WHEREAS THE MAJORITY OF THE PARTIES CONCERNED HAVE TAKEN THIS OPPORTUNITY ;   WHEREAS IN ORDER TO ARRIVE AT A PRELIMINARY ASSESSMENT OF THE DUMPING MARGIN AND INJURY , THE COMMISSION CARRIED OUT INSPECTIONS AT THE PREMISES OF THOSE IMPORTERS WHO HAD AGREED TO ASSIST WITH THE INVESTIGATION ; WHEREAS THE COMMISSION ALSO CARRIED OUT INSPECTIONS AT THE PREMISES OF THE PRINCIPAL COMMUNITY MANUFACTURERS CONCERNED , NAMELY MANNESMANN ROHRENWERKE ( DUESSELDORF ) AND NEUNKIRCHENER EISENWERK AG ( HOMBURG );   WHEREAS , IN ORDER TO ESTABLISH WHETHER THE ABOVEMENTIONED IMPORTS WERE DUMPED , THE COMMISSION HAD TO TAKE INTO ACCOUNT THE FACT THAT ROMANIA IS NOT A MARKET ECONOMY COUNTRY ;   WHEREAS , FOR THAT REASON , THE COMMISSION HAD TO BASE ITS CALCULATIONS ON THE NORMAL VALUE IN A MARKET ECONOMY COUNTRY ; WHEREAS , IN THAT CONNECTION , THE COMPLAINT HAD CITED THE AUSTRIAN DOMESTIC MARKET IN PARTICULAR ;   WHEREAS A COMPARISON WITH THE PRICES OF THE PRODUCTS CONCERNED ON THE AUSTRIAN DOMESTIC MARKET WOULD APPEAR REASONABLE AT LEAST FOR THE PURPOSES OF A PRELIMINARY FINDING OF DUMPING , SINCE THE MANUFACTURING PROCESSES AND TECHNICAL STANDARDS ARE SIMILAR , AND AUSTRIAN PRICE CONTROLS IN RESPECT OF THE TUBES IN QUESTION AND THE LARGE VOLUME OF IMPORTS WOULD APPEAR TO GUARANTEE A FAIR LEVEL OF PRICES ;   WHEREAS THE PRELIMINARY FINDING OF DUMPING WAS ACCORDINGLY MADE , FOLLOWING AN INVESTIGATION OF THE PRINCIPAL AUSTRIAN MANUFACTURER VOEST-ALPINE ( VIENNA ), BY COMPARING THE AVERAGE AUSTRIAN EX-WORKS PRICES FOR SALES OVER THE PERIOD FROM OCTOBER 1978 TO JUNE 1979 WITH PRICES FOR IMPORTS FROM ROMANIA INTO THE COMMUNITY OVER THE SAME PERIOD ;   WHEREAS , TO TAKE DUE ACCOUNT OF THE DIFFERENCES AFFECTING PRICE COMPARABILITY , THE MAXIMUM DISCOUNTS FOR BULK ORDERS AND CASH PAYMENT , AND SALES AND SERVICE COSTS BORNE BY THE AUSTRIAN MANUFACTURER , WERE DEDUCTED FROM AUSTRIAN LIST PRICES ;   WHEREAS THE ABOVE PRELIMINARY EXAMINATION OF THE FACTS SHOWS THE EXISTENCE OF DUMPING IN RESPECT OF THE IMPORTS CONSIDERED IN THE INVESTIGATION , THE DUMPING MARGIN BEING EQUAL TO THE AMOUNT BY WHICH THE NORMAL VALUE AS ESTABLISHED ABOVE EXCEEDS THE PRICE AT WHICH THE GOODS ARE EXPORTED TO THE COMMUNITY ; WHEREAS , FOR EXAMPLE , THE SAID MARGIN WAS ROUGHLY 20 % FOR ONE OF THE MOST COMMON TYPES OF TUBE ;   WHEREAS , WITH REGARD TO THE INJURY CAUSED TO THE COMMUNITY INDUSTRY , THE EVIDENCE AVAILABLE TO THE COMMISSION SHOWS THAT IMPORTS INTO THE COMMUNITY OF THE PRODUCTS IN QUESTION , ORIGINATING IN ROMANIA , ROSE FROM APPROXIMATELY 22 409 TONNES IN 1976 TO 25 583 TONNES IN 1978 , REACHING 18 529 TONNES FOR THE FIRST SIX MONTHS OF 1979 ;   WHEREAS THE MOST RELIABLE INFORMATION AVAILABLE SUGGESTS THAT FROM 1979 IMPORTS OF SUCH TUBES FROM ROMANIA TOOK A MARKET SHARE OF ROUGHLY 13 % IN THE FEDERAL REPUBLIC OF GERMANY , THE MARKET PRINCIPALLY AFFECTED BY SUCH IMPORTS ;   WHEREAS THE RESALE PRICES IN THE COMMUNITY OF TUBES ORIGINATING IN ROMANIA UNDERCUT THOSE OF LIKE PRODUCTS MADE BY COMMUNITY MANUFACTURERS IN THE PRINCIPAL MARKET CONCERNED BY BETWEEN 12 % AND 16 % , ACCORDING TO THE INFORMATION IN THE COMMISSION ' S POSSESSION ;   WHEREAS THE CONSEQUENT IMPACT ON THE COMMUNITY INDUSTRY IN THIS MARKET HAS HELPED TO DEPRESS COMMUNITY PRICES , MAKING IT IMPOSSIBLE , AT PRESENT TO COVER PRODUCTION COSTS ;   WHEREAS THE COMMISSION HAS EXAMINED WHETHER INJURY HAD BEEN CAUSED BY OTHER FACTORS ADVERSELY AFFECTING THE COMMUNITY INDUSTRY ; WHEREAS THE VOLUME AND PRICES OF OTHER IMPORTS OF THE PRODUCT IN QUESTION , PRINCIPALLY FROM SPAIN , HAVE BEEN CONSIDERED ; WHEREAS IT HAD BEEN NOTED THAT SUCH IMPORTS , FOLLOWING CONSULTATIONS WITH THE SPANISH CIRCLES INVOLVED , WILL CARRY PRICES WHICH DO NOT CAUSE INJURY TO THE COMMUNITY INDUSTRY ;   WHEREAS THE COMMISSION HAS TAKEN ACCOUNT OF OTHER FACTORS , IN PARTICULAR THE STAGNATION OF DEMAND ; WHEREAS IT CONSIDERS THAT THE ADVERSE EFFECTS OF THIS SHOULD NOT BE ATTRIBUTED TO THE IMPORTS IN QUESTION ;   WHEREAS THE PRELIMINARY EXAMINATION OF THE FACTS SHOWS THE EXISTENCE OF DUMPING , AND THERE IS SUFFICIENT EVIDENCE OF CONSEQUENT INJURY ;   WHEREAS AFTER BEING INFORMED OF THE MAIN FINDINGS OF THE PRELIMINARY INVESTIGATION AND COMMENTING ON THEM , THE EXPORTER CONCERNED , NAMELY THE EXPORTING BODY IN ROMANIA  ( METALIMPORTEXPORT , BUCHAREST ), HAS OFFERED UNDERTAKINGS ;   WHEREAS THE EFFECT OF THE SAID UNDERTAKINGS WILL BE TO INCREASE THE PRICES OF IMPORTS INTO THE COMMUNITY ;   WHEREAS THE COMMISSION HAS PROVISIONALLY DETERMINED THAT IMPLEMENTATION OF THOSE UNDERTAKINGS WOULD NEUTRALIZE THE INJURIOUS EFFECTS OF THE IMPORTS IN QUESTION AND THAT IT IS NOT NOW NECESSARY TO TAKE PROTECTIVE ACTION IN RESPECT OF IMPORTS FROM ROMANIA ;   WHEREAS THE COMMISSION IS RESPONSIBLE FOR ENSURING THAT THE UNDERTAKINGS ARE STRICTLY COMPLIED WITH , IN PARTICULAR BY CARRYING OUT PERIODICALLY THE NECESSARY CHECKS AND INSPECTIONS ;   WHEREAS THE DECISION TO ACCEPT THESE UNDERTAKINGS MAY BE RECONSIDERED SHOULD THE COMMISSION , ON THE BASIS OF THE INFORMATION IN ITS POSSESSION , CONSIDER THIS NECESSARY ; WHEREAS , IN PARTICULAR , SHOULD THE SAID UNDERTAKINGS NOT BE PASSED ON TO THE COMMUNITY MARKET AND HENCE FAIL TO ELIMINATE THE INJURY BEING CAUSED TO COMMUNITY PRODUCERS , A SUGGESTION COULD BE MADE TO AMEND THE SAID UNDERTAKINGS , OR A DECISION TAKEN TO DENOUNCE THEM ;   WHEREAS IN THESE CIRCUMSTANCES , THE UNDERTAKINGS OFFERED ARE ACCEPTABLE AND THE PROCEEDING MAY THEREFORE BE TERMINATED WITHOUT IMPOSITION OF ANTI-DUMPING DUTIES ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   THE COMMISSION HEREBY ACCEPTS THE UNDERTAKINGS GIVEN BY THE EXPORTING BODY IN ROMANIA ( METALIMPORTEXPORT , BUCHAREST ) IN CONNECTION WITH THE ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF CERTAIN WELDED TUBES ( GAS PIPE ) AND OTHER WELDED TUBES OF AN EXTERNAL DIAMETER OF MORE THAN 168.3 MM BUT NOT MORE THAN 406.4 MM ( NIMEXE CODES 73.18-62 , 64 , 82 ; COMMON CUSTOMS TARIFF SUBHEADING EX 73.18 C ), ORIGINATING IN ROMANIA .   ARTICLE 2   THE ANTI-DUMPING PROCEEDING IS HEREBY TERMINATED IN RESPECT OF IMPORTS OF THE PRODUCTS REFERRED TO IN ARTICLE 1 .   DONE AT BRUSSELS , 17 SEPTEMBER 1980 .   FOR THE COMMISSION   WILHELM HAFERKAMP   VICE-PRESIDENT


title: Council Decision (EU) 2015/1773 of 1 October 2015 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Annex XXI (Statistics) to the EEA Agreement (Energy Statistics)

text:
               3.10.2015

               EN

               Official Journal of the European Union

               L 258/7

         COUNCIL DECISION (EU) 2015/1773
   of 1 October 2015
   on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Annex XXI (Statistics) to the EEA Agreement (Energy Statistics)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 338(1), in conjunction with Article 218(9) thereof,
   Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

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

               (2)

               Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Annex XXI to the EEA Agreement.

               (3)

               Commission Regulation (EU) No 431/2014 (3) is to be incorporated into the EEA Agreement.

               (4)

               Annex XXI to the EEA Agreement should therefore be amended accordingly.

               (5)

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

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

      Done at Luxembourg, 1 October 2015.

            For the Council

            The President

         E. SCHNEIDER

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

      (2)  OJ L 1, 3.1.1994, p. 3.

      (3)  Commission Regulation (EU) No 431/2014 of 24 April 2014 amending Regulation (EC) No 1099/2008 of the European Parliament and of the Council on energy statistics, as regards the implementation of annual statistics on energy consumption in households (OJ L 131, 1.5.2014, p. 1).

      DRAFT
      DECISION OF THE EEA JOINT COMMITTEE No .../2015
      of …
      amending Annex XXI (Statistics) to the EEA Agreement
      THE EEA JOINT COMMITTEE,
      Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,
      Whereas:

                  (1)

                  Commission Regulation (EU) No 431/2014 of 24 April 2014 amending Regulation (EC) No 1099/2008 of the European Parliament and of the Council on energy statistics, as regards the implementation of annual statistics on energy consumption in households (1) is to be incorporated into the EEA Agreement.

                  (2)

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

            HAS ADOPTED THIS DECISION:
      Article 1
      The text of point 26a (Regulation (EC) No 1099/2008 of European Parliament and of the Council) of Annex XXI is replaced by the following:
      ‘32008 R 1099: Regulation (EC) No 1099/2008 of the European Parliament and of the Council of 22 October 2008 on energy statistics (OJ L 304, 14.11.2008, p. 1), as amended by:

                  —

                     32013 R 0147: Commission Regulation (EU) No 147/2013 of 13 February 2013 (OJ L 50, 22.2.2013, p. 1),

                  —

                     32014 R 0431: Commission Regulation (EU) No 431/2014 of 24 April 2014 (OJ L 131, 1.5.2014, p. 1).

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

                  (a)

                  Liechtenstein is exempted from collecting the data required by this Regulation, except for data of imports and exports of the various energy products and the production of electricity for the Annual Energy Statistics (Annex B).

                  (b)

                  Iceland is exempted from reporting the aggregates defined in Annex B relating to the detailed energy consumption breakdown by type of end-use (space heating, space cooling, water heating, cooking, lighting and electrical appliances, other end uses) of the Residential sector as it is defined in Section 2.3 of Annex A.’

            Article 2
      The texts of Regulation (EU) No 431/2014 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
      Article 3
      This Decision shall enter into force on …, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (2).
      Article 4
      This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

         Done at Brussels,

               For the EEA Joint Committee

               The President

               The Secretaries

               to the EEA Joint Committee

         (1)  OJ L 131, 1.5.2014, p. 1.

         (2)  [No constitutional requirements indicated.] [Constitutional requirements indicated.]


Avis juridique important

|

31989D0171

89/171/EEC: Commission Decision of 1 March 1989 concerning the establishment of overall quantities of food aid for 1989 and establishing a list of products to be supplied as food aid

Official Journal L 063 , 07/03/1989 P. 0030 - 0031

*****COMMISSION  DECISION  of 1 March 1989  concerning the establishment of overall quantities of food aid for 1989 and establishing a list of products to be supplied as food aid  (89/171/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 3972/86 of 22 December 1986 on food-aid policy and food-aid management (1), as last amended by Regulation (EEC) No 1870/88 (2), and in particular Article 5 thereof,  Whereas, in order to implement Council Regulation (EEC) No 3972/86, it is necessary to determine the total quantities of each product to be supplied under the food-aid operations for 1989 and to establish the products involved;  Whereas the overall quantities of food aid for 1989 should be decided and the execution of food-aid operations shall be carried out according to the budgetary resources actually available;  Whereas the measures provided for in this Decision are in accordance with the opinion of the Food Aid Committee,  HAS ADOPTED THIS DECISION:  Sole Article  1. The total quantities of each product to be supplied under the 1989 food-aid programme to certain developing countries and certain organizations are set out in Annex I.  2. The products which may be supplied as food aid are listed in Annex II.  Done at Brussels, 1 March 1989.  For the Commission  Manuel MARÍN  Vice-President  ANNEX II  1.2 //  //  // CN code  // Descritption  //  //  // 0202  // Meat of bovine animals, frozen   // 0210 20   // Meat of bovine animals, salted, in brine, dried or smoked   // 0305  // Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; fish meal fit for human consumption   // ex 0402   // Milk and cream, in poweder, granules or other solid forms   // ex 0405 00  // Butteroil   // 0713   // Dried leguminous vegetables, shelled, whether or not skinned or split   // 0806 20  // Dried grapes   // ex Chapter 10   // Cereals   // 1101 1102   // Cereals flours   // 1103   // Cereal, groats, meal and pellets   // 1104   // Cereal grains otherwise worked, except rice falling within CN code 1006; germ of cereals, whole, rolled, flaked or ground   // 1106 10 00   // Flour and meal of the dried leguminous vegetalbes falling within CN code 0713  // ex 1202   // Groundnuts   // 1509   // Olive oil   // ex 1507 ex 1508 ex 1511 ex 1512 ex 1513 ex 1514 ex 1515  // Vegetable oils and their fractions, whether or not refined, but not chemically modified, for human consumption   // 1602 50   // Other prepared or preserved meat, meat offal or blood of bovine animals   // ex 1604 13 to 1604 16   // Prepared or preserved fish: sardines, sardinella and brisling or sprats; tunas, skipjack and Atlantic bonito (Sarda spp.); mackerel; anchovies; other   // 1701   // Cane or beet sugar and chemically pure sucrose, in solid form   // ex 1901   // Food preparations of flour, meal, etc., not elsewhere specified or included   // ex 1902   // Uncooked pasta, not stuffed or otherwise prepared   // ex 1905   // Sweet biscuits; waffles and wafers   // 2002   // Tomatoes prepared or preserved otherwise than by vinegar or acetic acid   // ex 2106 10  // Food preparations not elsewhere specified or included; protein concentrates and textured protein substances derived from milk


title: Council Decision (EU) 2017/312 of 17 February 2017 appointing two members and two alternate members, proposed by the Slovak Republic, of the Committee of the Regions

text:
               23.2.2017

               EN

               Official Journal of the European Union

               L 45/12

         COUNCIL DECISION (EU) 2017/312
   of 17 February 2017
   appointing two members and two alternate members, proposed by the Slovak Republic, 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 Slovak Government,
   Whereas:

               (1)

               On 26 January 2015, 5 February 2015 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)

               Two members' seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Vladimír BAJAN and Mr Peter CHUDÍK.

               (3)

               An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Radoslav ČUHA.

               (4)

               An alternate member's seat on the Committee of the Regions has become vacant following the appointment of Mr Ján FERENČÁK as a member of the Committee of the Regions,

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

               (a)

               as members:

                           —

                           Mr Ján FERENČÁK, Mayor of Kežmarok,

                           —

                           Mr Miloslav REPASKÝ, Member of the regional parliament of the Prešov Self-Governing Region,

               (b)

               as alternate members:

                           —

                           Mr Ľuboš TOMKO, Mayor of Stará Ľubovňa,

                           —

                           Mr Miroslav BENKO, Member of the regional parliament of the Prešov Self-Governing Region.

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

      Done at Brussels, 17 February 2017.

            For the Council

            The President

         E. BARTOLO

      (1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

      (2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

      (3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).


title: Council Decision of 22 March 2010 appointing the Polish members and alternate members of the Advisory Committee on Safety and Health at Work

text:
               1.4.2010

               EN

               Official Journal of the European Union

               C 87/11

         COUNCIL DECISION
   of 22 March 2010
   appointing the Polish members and alternate members of the Advisory Committee on Safety and Health at Work
   2010/C 87/04
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Decision 2003/C 218/01 of 22 July 2003 on the setting up of an Advisory Committee on Safety and Health at Work (1), and in particular Article 3 thereof,
   Having regard to the list of candidates submitted to the Council by the Governments of the Member States,
   Whereas:

               (1)

               in its Decision of 16 February 2010 (2), the Council appointed the members and alternate members of the Advisory Committee on Safety and Health at Work for the period from 1 March 2010 until 28 February 2013, except for certain members and alternate members, including the Polish members and alternate members for the trade union and employers’ organisation categories.

               (2)

               the Polish Government has proposed candidates for the vacant seats,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following are hereby appointed members and alternate members of the Advisory Committee on Safety and Health at Work for the period ending on 28 February 2013:

               I.

                  Trade Union Representatives

                           Members

                           Alternates

                           Ms Iwona PAWLACZYK

                           Mr Mariusz ŁUSZCZYK
                           Mr Andrzej SZCZEPANIAK

               II.

                  Employers’ Representatives

                           Members

                           Alternates

                           Mr Zbigniew ŻUREK

                           Mr Jacek MĘCINA
                           Mr Marek KOŁODZIEJSKI

      Done at Brussels, 22 March 2010.

            For the Council

            The President

         M. Á. MORATINOS

      (1)  OJ C 218, 13.9.2003, p. 1.

      (2)  Not yet published in the OJ.


title: DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL of 10 February 1992 amending Decision 91/634/ECSC extending into 1992 the application of Decisions 90/672/ECSC and 90/673/ECSC applying generalized tariff preferences for 1991 in respect of certain steel products originating in developing countries (92/95/ECSC) #

text:
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41992D0095

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL of 10 February 1992 amending Decision 91/634/ECSC extending into 1992 the application of Decisions 90/672/ECSC and 90/673/ECSC applying generalized tariff preferences for 1991 in respect of certain steel products originating in developing countries (92/95/ECSC)  -

Official Journal L 036 , 13/02/1992 P. 0026 - 0026

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL  of 10 February 1992  amending Decision 91/634/ECSC extending into 1992 the application of Decisions  90/672/ECSC and 90/673/ECSC applying generalized tariff preferences for 1991 in respect of certain steel products originating in developing countries  (92/95/ECSC)THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL  AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL,  in agreement with the Commission,  HAVE DECIDED AS FOLLOWS:  Article 1  The first paragraph of Article 1 of Decision 91/634/ECSC (1) shall be supplemented by the following text:  'with the exception of Article 1 (3) of Decision 90/672/ECSC, which shall be deleted'.  Article 2  This Decision shall enter into force on the third day following its publication in the Official Journal of the European Communities. It shall apply as from 1 January 1992. Done at Brussels, 10 February 1992. The President  Jorge BRAGA DE MACEDO   (1) OJ No L 341, 12. 12. 1991, p. 30.


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41998D0012

The Schengen acquis - Decision of the Executive Committee of 21 April 1998 on the exchange of statistics on issued visas (SCH/Com-ex (98) 12)

Official Journal L 239 , 22/09/2000 P. 0196 - 0196

DECISION OF THE EXECUTIVE COMMITTEEof 21 April 1998on the exchange of statistics on issued visas(SCH/Com-ex (98)12)THE EXECUTIVE COMMITTEE,Having regard to Article 9 of the Convention implementing the Schengen Agreement,Having regard to Article 16 of the abovementioned Convention,Whereas the exchange of statistics at local level on visas which have been issued and officially refused will enable the various representations to gain an insight into the overall trends in visa applications from countries within their jurisdiction and any possible shifts in applications from one Schengen Partner mission on post to another;Whereas the above overview will enable local consular cooperation to examine the reasons for any trends observed, in particular relating to visa shopping, to draw practical conclusions and, where appropriate, to make the necessary recommendations to their respective national authorities;Having regard to the heavy administrative burden on the diplomatic missions and consular posts as a result of having to exchange monthly statistics on short-stay visas which have been issued and officially refused, requested in note SCH/II (95)50 rev. 2 from Working Group II to the Central Group,Whereas on the other hand, given that LTV's should only be issued in exceptional cases, the monthly exchange at local level of statistics on the issue of such visas should continue on a monthly basis,HAS DECIDED AS FOLLOWS:1. Statistics on short-stay visas which have been issued and officially refused, transit visas and airport transit visas shall be exchanged every quarter.2. Without prejudice to the obligations arising from Article 16 of the Schengen Convention and explained in Annex 14 to the Common Consular Instructions, according to which the Schengen States shall communicate any data relating to the issuing of LTV's within a period of 72 hours, the Schengen diplomatic missions and consular posts are hereby earnestly reminded of their obligation (SCH/Com-ex decl. 4) to exchange on a monthly basis statistics on LTV's issued the previous month and to pass on these statistics to their respective central authorities.3. Chapter VIII of the Common Consular Instructions shall be completed accordingly(1).Brussels, 21 April 1998.The ChairmanJ. Vande Lanotte(1) See document SCH/Com-ex(99)13.


title: Council Decision of 15 July 2013 appointing one member of the Management Board of the European Chemicals Agency

text:
               18.7.2013

               EN

               Official Journal of the European Union

               C 204/12

         COUNCIL DECISION
   of 15 July 2013
   appointing one member of the Management Board of the European Chemicals Agency
   2013/C 204/06
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency (1), and in particular Article 79 thereof,
   Whereas:

               (1)

               Regulation (EC) No 1907/2006 provides that the Council is to appoint as members of the Management Board of the European Chemicals Agency (‘the Management Board’) one representative from each Member State.

               (2)

               By its Decision of 17 May 2011 (2), the Council appointed 15 members of the Management Board.

               (3)

               By its Decision of 9 March 2012 (3), the Council appointed Mr Paulo Guilherme DA SILVA LEMOS as member of the Management Board.

               (4)

               The Portuguese Government has informed the Council of its intention to replace the Portuguese representative on the Management Board and has submitted a nomination for a new representative, who should be appointed for a period which runs until 31 May 2015,

         HAS ADOPTED THIS DECISION:
   Article 1
   Ms Ana Teresa PINHEIRO DOS SANTOS DIOGO PEREZ of Portuguese nationality, born on 3 December 1966, shall be appointed member of the Management Board of the European Chemicals Agency in place of Mr Paulo Guilherme DA SILVA LEMOS for the period from 15 July 2013 to 31 May 2015.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 15 July 2013.

            For the Council

            The President

         V. JUKNA

      (1)  OJ L 396, 30.12.2006, p. 1.

      (2)  OJ C 151, 21.5.2011, p. 1.

      (3)  OJ C 74, 13.3.2012, p. 7.


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32000D0072

2000/72/EC: Council Decision of 13 September 1999 on the provisional application of the Agreement between the European Community and the Kingdom of Nepal on trade in textile products

Official Journal L 032 , 07/02/2000 P. 0001 - 0001

COUNCIL DECISIONof 13 September 1999on the provisional application of the Agreement between the European Community and the Kingdom of Nepal on trade in textile products(2000/72/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with Article 300(2), first sentence, thereof,Having regard to the proposal from the Commission,(1) Whereas the Commission has negotiated on behalf of the European Community an Agreement between the European Community and the Kingdom of Nepal on trade in textile products, initialled on 26 March 1999;(2) Whereas this Agreement should be applied on a provisional basis from 1 March 2000 pending the completion of the procedures for its conclusion, subject to reciprocal provisional application by the Kingdom of Nepal,HAS DECIDED AS FOLLOWS:Article 1The Agreement on trade in textile products with the Kingdom of Nepal shall be applied on a provisional basis from 1 March 2000 pending the completion of the procedures for its conclusion, subject to reciprocal provisional application by the Kingdom of Nepal.The text of the Agreement is attached hereto.Article 2This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 13 September 1999.For the CouncilThe PresidentT. HALONEN


title: 2011/673/: Council Decision of 10 October 2011 appointing a German member of the European Economic and Social Committee

text:
               13.10.2011

               EN

               Official Journal of the European Union

               L 268/16

         COUNCIL DECISION
   of 10 October 2011
   appointing a German member of the European Economic and Social Committee
   (2011/673/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,
   Having regard to the proposal of the German Government,
   Having regard to the opinion of the European Commission,
   Whereas:

               (1)

               On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).

               (2)

               A member’s seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Thomas ILKA,

         HAS ADOPTED THIS DECISION:
   Article 1
   Dr Sabine HEPPERLE, Leiterin der Vertretung des DIHK bei der EU is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 10 October 2011.

            For the Council

            The President

         A. KRASZEWSKI

      (1)  OJ L 251, 25.9.2010, p. 8.


title: 2004/582/EC: Decision of the Representatives of the Governments of the Member States, meeting within the Council of 28 April 2004 concerning privileges and immunities granted to ATHENA

text:
               6.8.2004

               EN

               Official Journal of the European Union

               L 261/125

         DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL
   of 28 April 2004
   concerning privileges and immunities granted to ATHENA
   (2004/582/EC)
   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union (TEU), and in particular Title V thereof;
   Whereas:

               (1)

               ATHENA is the mechanism established by Council Decision 2004/197/CFSP (1) to administer the financing of the common costs of European Union operations having military or defence implications. Certain privileges and immunities are necessary to facilitate the proper functioning of ATHENA in the sole interest of the European Union and its Member States.

               (2)

               For tax purposes, Member States consider that Athena fulfils the criteria for an exemption under Article 15(10) of the sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (2) and under Article 23(1) of Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products (3),

         HAVE DECIDED AS FOLLOWS:
   Article 1
   The property, funds and assets belonging to ATHENA, or administered on behalf of the Member States by it, wherever located on the territories of the Member States and by whomsoever held, shall be immune from search, seizure, requisition, confiscation or any other form of administrative or legal measure of constraint.
   Article 2
   The archives of ATHENA shall be inviolable.
   Article 3
   1.   Within the scope of its official activities, the assets, income and other property belonging to ATHENA, or administered on behalf of the Member States by it, shall be exempt from all direct taxes.
   2.   Purchases or acquisitions made by ATHENA shall be exempt from all indirect taxes included in the price of movable and immovable property and services purchased for official use and involving considerable expenditure. The exemption may be granted by way of a refund or remission.
   3.   No exemption shall be granted on taxes which amount merely to charges for public utility services.
   Article 4
   Member States shall permit ATHENA to communicate freely and without need for permission, for all official purposes, and shall protect its right to do so. ATHENA shall have the right to use codes and to dispatch and receive official correspondence and other official communications by courier or in sealed bags, which shall be subject to the same privileges and immunities as diplomatic couriers and bags.
   Article 5
   Articles 1 to 4 shall apply except in so far as ATHENA's Special Committee has expressly waived the immunity or privilege in any particular case.
   Article 6
   This Decision shall enter into force on 1 November 2004, provided that all Member States have informed the General Secretariat of the Council by that date that the procedures required for the final or provisional implementation of this Decision in their national legal systems have been completed.
   Article 7
   This Decision shall be published in the Official Journal of the European Union.

      Hecho en Bruselas, el veintiocho de abril de 2004.
      Udfærdiget i Bruxelles den otteogtyvende april to tusind og fire.
      Geschehen zu Brüssel am achtundzwanzigsten April zweitausendundvier.
      Έγινε στις Βρυξέλλες, στις είκοσι οκτώ Απριλίου δύο χιλιάδες τέσσερα.
      Done at Brussels on the twenty-eighth day of April in the year two thousand and four.
      Fait à Bruxelles, le vingt-huit avril deux mille quatre.
      Fatto a Bruxelles, addì ventotto aprile duemilaquattro.
      Gedaan te Brussel, de achtentwintigste april, tweeduizendvier.
      Feito em Bruxelas, em vinte e oito de Abril de dois mil e quatro.
      Tehty Brysselissä kahdentenakymmenentenäkahdeksantena päivänä huhtikuuta vuonna kaksituhattaneljä.
      Som skedde i Bryssel den tjugoåttonde april tjugohundrafyra.

            Pour le gouvernement du Royaume de Belgique

            Voor de Regering van het Koninkrijk België

            Für die Regierung des Königreichs Belgien

            For regeringen for Kongeriget Danmark

            Für die Regierung der Bundesrepublik Deutschland

            Για την Κυβέρνηση της Ελληνικής Δημοκρατίας

            Por el Gobieno del Reino de España

            Pour le gouvernement de la République française

            Thar ceann Rialtas na hÉireann

            For the Government of Ireland

            Per il Governo della Repubblica italiana

            Pour le gouvernement du Grand-Duché de Luxembourg

            Voor de Regering van het Koninkrĳk der Nederlanden

            Für die Regierung der Republik Österreich

            Pelo Governo da República Portuguesa

            Suomen hallituksen puolesta

            På finska regeringens vägnar

            På svenska regeringens vägnar

            For the Government of the United Kingdom of Great Britain and Northern Ireland

      (1)  OJ L 63, 28.2.2004, p. 68.

      (2)  OJ L 145, 13.6.1977, p. 1. Directive as last amended by Commission Regulation (EC) No 290/2004 (OJ L 50, 20.2.2004, p. 5).

      (3)  OJ L 76, 23.3.1992, p. 1. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).


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32000D0261

Council Decision of 27 March 2000 on the improved exchange of information to combat counterfeit travel documents

Official Journal L 081 , 01/04/2000 P. 0001 - 0003

Council Decisionof 27 March 2000on the improved exchange of information to combat counterfeit travel documents(2000/261/JHA)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 34(2)(c) thereof,Having regard to the initiative of the Federal Republic of Germany(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) Counterfeit travel documents have increased to an alarming extent.(2) A computerised image archiving and transmission system (FADO) has been set up by the Joint Action of the Council of 3 December 1998(3).(3) The improved exchange of information on counterfeit travel documents will make it possible to limit the counterfeiting of documents and thus make an effective contribution to combating crime and the smuggling of human beings.(4) The use of standardised information collection will facilitate and speed up the conduct of criminal proceedings.(5) This Decision does not affect the competence of the Member States relating to the recognition of passports, travel documents, visas, or other identity documents,HAS DECIDED AS FOLLOWS:Article 11. In order to improve further the exchange between Member States of information on false documents, a reporting system for detecting counterfeit travel documents shall be used. Its purpose shall be to:(a) make it easier to detect counterfeit travel documents on inspection, and(b) increase the effectiveness of the search for stolen travel documents,with particular attention being paid to the serial number of the travel document.2. The exchange of information shall not include personal details.Article 21. The standard form set out in Annex I shall be used for the purpose of transmitting information in accordance with Article 1.2. The central unit of each Member State shall directly and without delay exchange information with the central unit of each other Member State. It shall also notify the General Secretariat of the Council.Article 31. For the purposes of the uniform collection of information which may be required for subsequent criminal proceedings relating to counterfeit travel documents, Member States shall, as far as possible, use the questionnaire set out in Annex II.2. Data required for criminal proceedings referred to in paragraph 1 shall be communicated to other Member States in accordance with national law and international conventions.Article 4This Decision shall enter into force three months after its publication in the Official Journal.Done at Brussels, 27 March 2000.For the CouncilThe PresidentF. Gomes(1) OJ C 176, 22.6.1999, p. 1.(2) Opinion delivered on 19 November 1999 (not yet published in the Official Journal).(3) OJ L 333, 9.12.1998, p. 4.ANNEX I>PIC FILE= "L_2000081EN.000202.EPS">ANNEX IIQUESTIONNAIREfor the survey of false document users in connection with the ad hoc information of Member States of the European Union on counterfeit travel documents1. Data relating to the document user(needed for further inquiries, subpoena, ect,):Name, first name, other name/alias/nick name, date of birth, place of birth, sex, nationality, contact address.2. Information concerning the itinerary and reason for the use of the false document3. Information concerning the forger/manufacturer/dealer/organisation3.1. When, where(1) and from whom(2) was the false document received?3.2. When and where(3) did the first contact take place?3.3. What conditions did you have to fulfil, in order to receive the document?(Passport pictures, signatures, deposit, etc.)3.4. When, how and where(4) was the false document handed over?Was a meeting place arranged?3.5. How much did the false document cost?3.6. When, how and where(5) was the money handed over?3.7. To what extent did other persons take part? Who?Are other persons known to have been involved? Intermediaries?(6)3.8. Who i(7) the forger and where(8) was the false document manufactured?3.9. Could you have received other documents (falsifications)?3.10. Who(9) else received a similar false document?3.11. Where(10) are your genuine documents?(If handed over to other persons, for example the smuggler(11), exact passport data including passport number)3.12. Can you give other pertinent information?(1) If you specify a place please indicate:Country, city, building, apartment, business, railway station, restaurant, other location, means of transport, exact designation and/or description.(2) Personal data, name, first name, other name/alias/nick name, date of birth, place of birth, sex, nationality and other important information, for example description of person, apparent age, size, weight, hair colour, special characteristics, language, addresses, telephone numbers, vehicles (make, colour, number plate, special characteristics).(3) If you specify a place please indicate:Country, city, building, apartment, business, railway station, restaurant, other location, means of transport, exact designation and/or description.(4) If you specify a place please indicate:Country, city, building, apartment, business, railway station, restaurant, other location, means of transport, exact designation and/or description.(5) If you specify a place please indicate:Country, city, building, apartment, business, railway station, restaurant, other location, means of transport, exact designation and/or description.(6) Personal data, name, first name, other name/alias/nick name, date of birth, place of birth, sex, nationality and other important information, for example description of person, apparent age, size, weight, hair colour, special characteristics, language, addresses, telephone numbers, vehicles (make, colour, number plate, special characteristics).(7) Personal data, name, first name, other name/alias/nick name, date of birth, place of birth, sex, nationality and other important information, for example description of person, apparent age, size, weight, hair colour, special characteristics, language, addresses, telephone numbers, vehicles (make, colour, number plate, special characteristics).(8) If you specify a place please indicate:Country, city, building, apartment, business, railway station, restaurant, other location, means of transport, exact designation and/or description.(9) Personal data, name, first name, other name/alias/nick name, date of birth, place of birth, sex, nationality and other important information, for example description of person, apparent age, size, weight, hair colour, special characteristics, language, addresses, telephone numbers, vehicles (make, colour, number plate, special characteristics).(10) If you specify a place please indicate:Country, city, building, apartment, business, railway station, restaurant, other location, means of transport, exact designation and/or description.(11) Personal data, name, first name, other name/alias/nick name, date of birth, place of birth, sex, nationality and other important information, for example description of person, apparent age, size, weight, hair colour, special characteristics, language, addresses, telephone numbers, vehicles (make, colour, number plate, special characteristics).


title: 2012/386/EU: Decision of the European Central Bank of 3 July 2012 amending Decision ECB/2011/25 on additional temporary measures relating to Eurosystem refinancing operations and eligibility of collateral (ECB/2012/12)

text:
               14.7.2012

               EN

               Official Journal of the European Union

               L 186/38

         DECISION OF THE EUROPEAN CENTRAL BANK
   of 3 July 2012
   amending Decision ECB/2011/25 on additional temporary measures relating to Eurosystem refinancing operations and eligibility of collateral
   (ECB/2012/12)
   (2012/386/EU)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first indent of Article 127(2) thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular the first indent of Article 3.1 and Article 18.2 thereof,
   Whereas:

               (1)

               Pursuant to Article 18.1 of the Statute of the European System of Central Banks and of the European Central Bank, the European Central Bank (ECB) and the national central banks of Member States whose currency is the euro (hereinafter the ‘NCBs’) may conduct credit operations with credit institutions and other market participants, with lending being based on adequate collateral. The criteria determining the eligibility of collateral for the purposes of Eurosystem monetary policy operations are laid down in Annex I to Guideline ECB/2011/14 of 20 September 2011 on monetary policy instruments and procedures of the Eurosystem (1).

               (2)

               The Governing Council of the ECB considers it necessary to review the exception from the close links prohibition set out in Section 6.2.3.2 of Annex I to Guideline ECB/2011/14 with respect to government-guaranteed bank bonds issued and own used as collateral by counterparties.

               (3)

               Counterparties participating in Eurosystem credit operations should be allowed to increase current levels of own-use of government-guaranteed bank bonds subject to the ex ante approval of the Governing Council in exceptional circumstances.

               (4)

               The requests submitted to the Governing Council for the ex ante approval need to be accompanied by a funding plan.

               (5)

               Therefore, Decision ECB/2011/25 of 14 December 2011 on additional temporary measures relating to Eurosystem refinancing operations and eligibility of collateral (2) should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Amendment
   The following Article 4b is inserted in Decision ECB/2011/25:

      ‘Article 4b
      Acceptance of government-guaranteed bank bonds
      1.   Counterparties that issue eligible bank bonds guaranteed by an EEA public sector entity with the right to impose taxes may not submit such bonds or similar bonds issued by closely linked entities as collateral for Eurosystem credit operations in excess of the nominal value of these bonds already submitted as collateral on the day this Decision enters into force.
      2.   In exceptional cases, the Governing Council may decide on derogations from the requirement laid down in paragraph 1. A request for a derogation shall be accompanied by a funding plan.’.

   Article 2
   Entry into force
   This Decision shall enter into force on its date of adoption.

      Done at Frankfurt am Main, 3 July 2012.

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 331, 14.12.2011, p. 1.

      (2)  OJ L 341, 22.12.2011, p. 65.