title: Council Decision 2013/366/CFSP of 9 July 2013 amending and extending the mandate of the European Union Special Representative in Kosovo

text:
               10.7.2013

               EN

               Official Journal of the European Union

               L 189/9

         COUNCIL DECISION 2013/366/CFSP
   of 9 July 2013
   amending and extending the mandate of the European Union Special Representative in Kosovo (1)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28, Article 31(2) and Article 33 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 25 January 2012, the Council adopted Decision 2012/39/CFSP (2) appointing Mr Samuel ŽBOGAR as the European Union Special Representative (EUSR) in Kosovo. The mandate of the EUSR is to expire on 30 June 2013.

               (2)

               The mandate of the EUSR should be amended and extended for a further period of 12 months.

               (3)

               The EUSR will implement the mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   European Union Special Representative
   The mandate of Mr Samuel ŽBOGAR as the EUSR in Kosovo is hereby amended and extended until 30 June 2014. The mandate of the EUSR may be terminated earlier, if the Council so decides, on a proposal of the High Representative of the Union for Foreign Affairs and Security Policy (HR).
   Article 2
   Policy objectives
   The mandate of the EUSR shall be based on the policy objectives of the Union in Kosovo. These include playing a leading role in promoting a stable, viable, peaceful, democratic and multi-ethnic Kosovo; strengthening stability in the region and contributing to regional cooperation and good neighbourly relations in the Western Balkans; promoting a Kosovo that is committed to the rule of law and to the protection of minorities and of cultural and religious heritage; supporting Kosovo’s progress towards the Union in accordance with the European perspective of the region and in line with the relevant Council Conclusions.
   Article 3
   Mandate
   In order to achieve the policy objectives, the mandate of the EUSR shall be to:

               (a)

               offer the Union’s advice and support in the political process;

               (b)

               promote overall Union political coordination in Kosovo;

               (c)

               strengthen the presence of the Union in Kosovo and ensure its coherence and effectiveness;

               (d)

               provide local political guidance to the Head of the European Union Rule of Law Mission in Kosovo (EULEX KOSOVO), including on the political aspects of issues relating to executive responsibilities;

               (e)

               ensure consistency and coherence of Union action in Kosovo;

               (f)

               support Kosovo’s progress towards the Union, in accordance with the European perspective of the region, through targeted public communication and Union outreach activities designed to ensure a broader understanding and support from the Kosovo public on issues related to the Union;

               (g)

               monitor, assist and facilitate progress on political, economic and European priorities, in line with respective institutional competencies and responsibilities;

               (h)

               contribute to the development and consolidation of respect for human rights and fundamental freedoms in Kosovo, in cooperation with the EUSR for Human Rights, including with regard to women and children, in accordance with the Union’s human rights policy and the Union Guidelines on Human Rights;

               (i)

               assist in the implementation of the Belgrade-Pristina dialogue facilitated by the Union.

         Article 4
   Implementation of the mandate
   1.   The EUSR shall be responsible for the implementation of the mandate, acting under the authority of the HR.
   2.   The Political and Security Committee (PSC) shall maintain a privileged link with the EUSR and shall be the EUSR’s primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the HR.
   3.   The EUSR shall work in close coordination with the European External Action Service (EEAS).
   Article 5
   Financing
   1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 July 2013 to 30 June 2014 shall be EUR 1 870 000.
   2.   The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union. Nationals of the countries of the Western Balkans region shall be allowed to tender for contracts.
   3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.
   Article 6
   Constitution and composition of the team
   1.   A dedicated staff shall be assigned to assist the EUSR to implement his mandate and to contribute to the coherence, visibility and effectiveness of Union action in Kosovo overall. Within the limits of his mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting his team. The team shall include the expertise on specific policy issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly informed of the composition of his team.
   2.   Member States, institutions of the Union and the EEAS may propose the secondment of staff to work with the EUSR. The salary of such seconded personnel shall be covered by the Member State, the institution of the Union concerned or the EEAS, respectively. Experts seconded by Member States to the institutions of the Union or the EEAS may also be posted to work with the EUSR. International contracted staff shall have the nationality of a Member State.
   3.   All seconded personnel shall remain under the administrative authority of the sending Member State, institution of the Union or the EEAS and shall carry out their duties and act in the interest of the mandate of the EUSR.
   Article 7
   Privileges and immunities of the EUSR and his staff
   The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of his staff shall be agreed with the host party or parties, as appropriate. Member States and the EEAS shall grant all necessary support to such effect.
   Article 8
   Security of EU classified information
   1.   The EUSR and the members of his team shall respect the security principles and minimum standards established by Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information (3).
   2.   The HR shall be authorised to release to NATO/KFOR EU classified information and documents up to the level ‘CONFIDENTIEL UE/EU CONFIDENTIAL’ generated for the purposes of the action, in accordance with the security rules for protecting EU classified information.
   3.   The HR shall be authorised to release to the United Nations (UN) and the Organisation for Security and Cooperation in Europe (OSCE), in accordance with the operational needs of the EUSR, EU classified information and documents up to the level ‘RESTREINT UE/EU RESTRICTED’ which are generated for the purposes of the Union action in Kosovo, in accordance with the security rules for protecting EU classified information. Local arrangements shall be drawn up for this purpose.
   4.   The HR shall be authorised to release to third parties associated with this Decision EU non-classified documents related to the deliberations of the Council with regard to the action covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council’s Rules of Procedure (4).
   Article 9
   Access to information and logistical support
   1.   Member States, the Commission and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
   2.   The Union delegation and/or Member States, as appropriate, shall provide logistical support in the region.
   Article 10
   Security
   In accordance with the Union’s policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in conformity with his mandate and the security situation in his geographical area of responsibility, for the security of all personnel under his direct authority, in particular by:

               (a)

               establishing a mission-specific security plan based on guidance from the EEAS, including mission-specific physical, organisational and procedural security measures, governing management of the secure movement of personnel to, and within, the mission area, as well as the management of security incidents and including a mission contingency and evacuation plan;

               (b)

               ensuring that all personnel deployed outside the Union are covered by high risk insurance as required by the conditions in the mission area;

               (c)

               ensuring that all members of his team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the EEAS;

               (d)

               ensuring that all agreed recommendations made following regular security assessments are implemented and providing the Council, the HR and the Commission with written reports on their implementation and on other security issues within the framework of the mid-term and mandate implementation reports.

         Article 11
   Reporting
   The EUSR shall regularly provide the HR and the PSC with oral and written reports. The EUSR shall also report, as necessary, to Council working parties. Regular written reports shall be circulated through the COREU network. Upon recommendation of the HR or the PSC, the EUSR shall provide the Foreign Affairs Council with reports. In accordance with Article 36 of the Treaty, the EUSR may be involved in briefing the European Parliament.
   Article 12
   Coordination
   1.   The EUSR shall promote overall Union political coordination. He shall help ensure that all Union instruments in the field are engaged coherently to attain the Union’s policy objectives. The activities of the EUSR shall be coordinated with those of the Commission, as well as those of other EUSRs active in the region, as appropriate. The EUSR shall provide regular briefings to Member States’ missions and Union delegations.
   2.   In the field, close liaison shall be maintained with the Heads of Union delegations in the region and Member States’ Heads of Mission. They shall make every effort to assist the EUSR in the implementation of the mandate. The EUSR shall provide local political guidance to the Head of the EULEX KOSOVO, including on the political aspects of issues relating to executive responsibilities. The EUSR and the Civilian Operation Commander shall consult each other as required.
   3.   The EUSR shall also liaise with relevant local bodies and other international and regional actors in the field.
   4.   The EUSR, with other Union actors present in the field, shall ensure the dissemination and sharing of information among Union actors in theatre with a view to achieving a high degree of common situation awareness and assessment.
   Article 13
   Assistance in relation to claims
   The EUSR and his staff shall assist in providing elements to respond to any claims and obligations arising from the mandates of the previous EUSRs in Kosovo, and shall provide administrative assistance and access to relevant files for such purposes.
   Article 14
   Review
   The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the Council, the HR and the Commission with a progress report by the end of December 2013 and a comprehensive mandate implementation report at the end of the mandate of the EUSR.
   Article 15
   Entry into force
   This Decision shall enter into force on the day of its adoption.
   It shall apply from 1 July 2013.

      Done at Brussels, 9 July 2013.

            For the Council

            The President

         R. ŠADŽIUS

      (1)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244 (1999) and the ICJ Opinion on the Kosovo declaration of independence.

      (2)  OJ L 23, 26.1.2012, p. 5.

      (3)  OJ L 141, 27.5.2011, p. 17.

      (4)  Decision 2009/937/EU of 1 December 2009 adopting the Council's Rules of Procedure (OJ L 325, 11.12.2009, p. 35).


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31999D0769

1999/769/EC: Commission Decision of 25 November 1999 terminating the anti-dumping proceeding concerning imports of video tapes on reels originating in the Republic of Korea (notified under document number C(1999) 3883)

Official Journal L 303 , 26/11/1999 P. 0028 - 0028

COMMISSION DECISIONof 25 November 1999terminating the anti-dumping proceeding concerning imports of video tapes on reels originating in the Republic of Korea(notified under document number C(1999) 3883)(1999/769/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 last amended by Regulation (EC) No 905/98(2), and in particular Article 9 thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE(1) On 25 January 1999, the Commission received a complaint concerning the alleged injurious dumping by imports of video tapes on reels originating in the Republic of Korea.(2) The complaint was lodged by the Video Pancake Manufacturers Association (VIPAM) on behalf of Community producers representing a major proportion of the total Community production of video tapes on reels pursuant to Articles 4(1) and 5(4) of Council Regulation (EC) No 384/96 (hereinafter referred to as the "Basic Regulation").(3) The complaint contained prima facie evidence of the existence of dumping and of material injury resulting therefrom, which was considered sufficient to justify the initiation of an anti-dumping proceeding.(4) The Commission, after consultation, by a notice published in the Official Journal of the European Communities(3), accordingly initiated an anti-dumping proceeding concerning imports into the Community of video tapes on reels, currently classifiable within CN code ex 8523 13 00 and originating in the Republic of Korea.(5) The Commission officially advised the exporting producers, importers and representative associations of importers or exporters known to be concerned, the representatives of the exporting country, the representative users and the complainant Community producers. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the notice of initiation.B. WITHDRAWAL OF THE COMPLAINT AND TERMINATION OF THE PROCEEDING(6) By a letter of 6 October 1999 to the Commission, VIPAM formally withdrew its complaint.(7) In accordance with Article 9(1) of the Basic Regulation, the proceeding may be terminated where the complaint is withdrawn, unless such termination would not be in the Community interest.(8) The Commission considered that the present proceeding should be terminated since the investigation had not brought to light any considerations showing that such termination would not be in the Community interest. Interested parties were informed accordingly and were given the opportunity to comment. No comments were received indicating that such termination would not be in the Community interest.(9) The Commission therefore concludes that the anti-dumping proceeding concerning imports into the Community of video tapes on reels originating in the Republic of Korea should be terminated without the imposition of anti-dumping measures,HAS DECIDED AS FOLLOWS:Sole ArticleThe anti-dumping proceeding concerning imports of video tapes on reels, currently classifiable within CN code ex 8523 13 00 and originating in the Republic of Korea, is hereby terminated.Done at Brussels, 25 November 1999.For the CommissionPascal LAMYMember of the Commission(1) OJ L 56, 6.3.1996, p. 1.(2) OJ L 128, 30.4.1998, p. 18.(3) OJ C 68, 11.3.1999, p. 13.


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31980D0762

80/762/EEC: Council Decision of 22 April 1980 concerning the signing of the International Natural Rubber Agreement, 1979

Official Journal L 213 , 16/08/1980 P. 0001 Greek special edition: Chapter 11 Volume 21 P. 0031  Spanish special edition: Chapter 11 Volume 13 P. 0018  Portuguese special edition Chapter 11 Volume 13 P. 0018

++++COUNCIL DECISION  OF 22 APRIL 1980  CONCERNING THE SIGNING OF THE INTERNATIONAL NATURAL RUBBER AGREEMENT , 1979   ( 80/762/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 113 THEREOF ,  HAVING REGARD TO THE RECOMMENDATION FROM THE COMMISSION ,  WHEREAS THE PURPOSE OF THE INTERNATIONAL NATURAL RUBBER AGREEMENT , 1979 , IS TO STABILIZE THE PRICE OF THIS PRODUCT AROUND THE LONG-TERM MARKET TREND , THEREBY ACHIEVING ALSO A BALANCED GROWTH BETWEEN SUPPLY AND DEMAND FOR NATURAL RUBBER ,  HAS DECIDED AS FOLLOWS :  SOLE ARTICLE  THE PRESIDENT OF THE COUNCIL IS HEREBY AUTHORIZED TO DESIGNATE THE PERSON EMPOWERED TO SIGN , SUBJECT TO ITS BEING CONCLUDED AT A LATER DATE , THE INTERNATIONAL NATURAL RUBBER AGREEMENT , 1979 .  THE TEXT OF THE AGREEMENT IS ANNEXED TO THIS DECISION .  DONE AT LUXEMBOURG , 22 APRIL 1980 .  FOR THE COUNCIL  THE PRESIDENT  G . ZAMBERLETTI


title: 2014/371/CFSP: Political and Security Committee Decision EULEX KOSOVO/1/2014 of 17 June 2014 extending the mandate of the Head of Mission of the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO

text:
               20.6.2014

               EN

               Official Journal of the European Union

               L 180/17

         POLITICAL AND SECURITY COMMITTEE DECISION EULEX KOSOVO/1/2014
   of 17 June 2014
   extending the mandate of the Head of Mission of the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO

      (2014/371/CFSP)

   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Joint Action 2008/124/CFSP of 4 February 2008 on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (1), and in particular Article 12(2) thereof,
   Whereas:

               (1)

               Pursuant to Article 12(2) of Joint Action 2008/124/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising political control and strategic direction of EULEX KOSOVO, including the decision to appoint a Head of Mission.

               (2)

               On 4 December 2012, the PSC adopted Decision EULEX KOSOVO/3/2012 (2), appointing Ambassador Bernd BORCHARDT as Head of Mission of EULEX KOSOVO for the period from 1 February 2013 to 14 June 2014.

               (3)

               On 12 June 2014, the Council adopted Decision 2014/349/CFSP (3) amending Joint Action 2008/124/CFSP and extending the duration of EULEX KOSOVO until 14 June 2016.

               (4)

               On 13 June 2014, the High Representative of the Union for Foreign Affairs and Security Policy proposed the extension of the mandate of Ambassador Bernd BORCHARDT as Head of Mission of EULEX KOSOVO until 14 October 2014,

         HAS ADOPTED THIS DECISION:
   Article 1
   The mandate of Ambassador Bernd BORCHARDT as Head of Mission of EULEX KOSOVO is hereby extended until 14 October 2014.
   Article 2
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 15 June 2014.

      Done at Brussels, 17 June 2014.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 42, 16.2.2008, p. 92.

      (2)  Political and Security Committee Decision EULEX KOSOVO/3/2012 of 4 December 2012 on the appointment of the Head of Mission of the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (OJ L 334, 6.12.2012, p. 46).

      (3)  OJ L 174, 13.6.2014, p. 42.


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31982D0270

82/270/EEC: Council Decision of 26 April 1982 on the 1982 cereals food-aid programme

Official Journal L 120 , 01/05/1982 P. 0027 - 0028

*****COUNCIL  DECISION  of 26 April 1982  on the 1982 cereals food-aid programme  (82/270/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas the European Economic Community has deposited a declaration of provisional application of the Food Aid Convention 1980 and of the 1981 Protocol to extend it;  Whereas that Convention entered into force on 1 July 1980;  Whereas the Council approved, on 16 November 1981, an ad hoc allocation for 1981/82 of the Community's minimum commitment of 1 650 000 tonnes under the Food Aid Convention 1980 between Community actions and national actions of the Member States, without however excluding the possibilities of additional voluntary actions going beyond the minimum commitment;  Whereas certain developing countries and specialized agencies have requested food aid in the form of cereals from the Community;  Whereas the Council approved, on 22 March 1977, certain basic criteria for selecting food-aid recipients and determining quantities, other relevant considerations also being taken into account;  Whereas, in order for the aid to be used effectively, arrangements should be made in appropriate cases to finance certain transport and distribution costs,  HAS DECIDED AS FOLLOWS:  Article 1  An amount of 927 663 tonnes of cereals shall be made available to developing countries and specialized agencies under the 1982 food-aid programme, by way of the Community action as part of the Community's commitment under the Food Aid Convention 1980.  Article 2  The countries and agencies to receive this aid, together with the quantities allocated and the delivery terms, shall be as set out in the Annex.  Article 3  In the case of aid allocated to agencies, where so provided in the conditions agreed with the recipient, the Community may also finance distribution costs.  Done at Luxembourg, 26 April 1982.  For the Council  The President  L. TINDEMANS  ANNEX  1982 CEREALS FOOD-AID PROGRAMME  1.2.3 //   //   //   // Recipient  // Quantities allocated (in tonnes)  // Arrangements for financing  //   //   //  // 1. COUNTRIES  //   //   // Angola  // 10 000  // cif  // Bangladesh  // 140 000  // cif  // Cape Verde  // token entry  //   // Comoros  // token entry  //   // Egypt  // 140 000  // fob  // Ethiopia  // 20 000  // cif  // Ghana  // 10 000  // fob  // Guinea Bissau  // token entry  //   // Guinea (Conakry)  // 10 000  // cif  // Haiti (1)  // 10 000  // fad  // Jibuti  // token entry  //   // Kenya  // 15 000  // fob  // Lebanon  // token entry  //   // Lesotho  // 6 000  // fad  // Madagascar  // 15 000  // fob  // Mali  // 15 000  // fad  // Mauritania  // 10 000  // fob  // Morocco  // token entry  //   // Mozambique  // 25 000  // cif  // Nicaragua  // token entry  //   // Niger  // token entry  //   // Peru  // token entry  //   // São Tomé and Principe  // token entry  //  // Senegal  // 20 000  // fob  // Somalia  // 35 000  // cif  // Sri Lanka  // 37 000  // fob  // Sudan  // 13 000  // fob  // Tanzania  // 20 000  // cif  // Upper Volta  // 8 000  // fad  // Zaire  // 10 000  // cif  // Zambia  // token entry 569 000  //   // 2. BODIES  //   //   // ICRC  // 15 000  // fad  // LICROSS  // 2 000  // fad  // UNHCR  // 62 000 (2)  // fad  // UNRWA  // 42 000  // fad  // WFP (projects)  // 55 000  // fad  // WFP (IEFR)  // 30 000 206 000  // fad  // 3. RESERVE  // 152 663  //   // TOTAL  // 927 663  //   //   //  //  (1) Through a specialized agency.  (2) Of which 50 000 tonnes for the Afghan refugees in Pakistan and 12 000 tonnes for the refugees in Thailand.


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31999D0423

1999/423/CFSP: Council Decision of 28 June 1999 extending Joint Action 96/250/CFSP in relation to the nomination of a Special Envoy for the African Great Lakes Region

Official Journal L 163 , 29/06/1999 P. 0085 - 0085

COUNCIL DECISIONof 28 June 1999extending Joint Action 96/250/CFSP in relation to the nomination of a Special Envoy for the African Great Lakes Region(1999/423/CFSP)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union and, in particular, Articles 14 and 28 thereof,Whereas:(1) Joint Action 96/250/CFSP of 25 March 1996 adopted by the Council on the basis of Article 13 of the Treaty on European Union, in relation to the nomination of a Special Envoy for the African Great Lakes Region(1), as last extended by Decision 98/452/CFSP(2), expires on 31 July 1999;(2) In its conclusions of 9 November 1998 the Council invited Mr Ajello to continue its efforts to this end in his contacts with key players of the region and others actively interested in the current situation in the Democratic Republic of the Congo;(3) On the basis of the review of Joint Action 96/250/CFSP, application thereof should be extended for a year,HAS DECIDED AS FOLLOWS:Article 1The validity of Joint Action 96/250/CFSP shall be extended until 31 July 2000. The Joint Action shall be reviewed six months after the date on which this Decision is adopted.Article 21. The financial reference amount intended to cover the costs related to the emission of the Special Representative for the African Great Lakes Region shall be EUR 1137000.2. The amount specified in paragraph 1 shall be allocated to finance the infrastructure and current expenditure of the Special Representative, including his salary and that of his support staff not covered by secondment. Member States and EU institutions may propose the secondment of staff to work with the Special Representative. The remuneration of staff who might be so seconded shall be covered respectively by the Member State or EU institution concerned.3. The Council notes that the Presidency, Commission and/or Member States, as appropriate, will provide logistical support in the region.4. The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the Special Representative and the members of his staff shall be defined with the parties. Member States and the Commission shall grant all necessary support to such effect.Article 3This Decision shall enter into force on the date of its adoption.Article 4This Decision shall be published in the Official Journal.Done at Luxembourg, 28 June 1999.For the CouncilThe PresidentM. NAUMANN(1) OJ L 87, 4.4.1996, p. 1.(2) OJ L 198, 15.7.1998, p. 1.


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32000D0073

2000/73/EC: Commission Decision of 31 January 2000 terminating the anti-dumping proceeding concerning imports of television camera systems originating in the United States of America (notified under document number C(2000) 208)

Official Journal L 025 , 01/02/2000 P. 0024 - 0026

COMMISSION DECISIONof 31 January 2000terminating the anti-dumping proceeding concerning imports of television camera systems originating in the United States of America(notified under document number C(2000) 208)(2000/73/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 last amended by Regulation (EC) No 905/98(2), and in particular Article 9 thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE(1) On 7 December 1998, the Commission received a complaint concerning the alleged injurious dumping by imports of television camera systems (hereinafter referred to as "TCS") originating in the United States of America (hereinafter referred to as "the USA").(2) The complaint was lodged by Philips BTS Broadcast Television Systems BV (hereinafter referred to as "the complainant") representing a major proportion of Community production of TCS pursuant to Articles 4(1) and 5(4) of Council Regulation (EC) No 384/96 (hereinafter referred to as the "basic Regulation").(3) The complaint contained prima facie evidence of the existence of dumping and of material injury resulting therefrom, which was considered sufficient to justify the initiation of an anti-dumping proceeding.(4) The Commission, after consultation, by a notice in the Official Journal of the European Communities(3), accordingly initiated an anti-dumping proceeding concerning imports into the Community of TCS, currently classifiable under CN codes 8525 30 90, 8537 10 91, 8537 10 99, 8529 90 81, 8529 90 88, 8543 89 95, 8528 21 14, 8528 21 16, 8528 21 90 and originating in the USA.(5) The Commission officially advised the exporting producer and importers known to be concerned as well as the representatives of the exporting country and the Community producers, about the initiation of the proceeding. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the notice of initiation.(6) The exporting producer in the country concerned, as well as the Community producers and importers made their views known in writing. All parties who so requested within the above time limit and indicated that there were particular reasons why they should be heard were granted a hearing.(7) The Commission sent questionnaires to all parties known to be concerned and to all other companies which made themselves known to the Commission within the deadline set by the notice of initiation.(8) The Commission sought and verified all the information it deemed necessary for the purpose of a determination of dumping, injury and Community interest and carried out investigations at the premises of the following companies:(a) Community producers- Philips BTS Broadcast Television Systems BV (Breda, The Netherlands)- Thomson Broadcast Systems (Cergy-Saint Christophe, France) (hereinafter referred to as "Thomson");(b) Importer- Sony Broadcast and Professional Europe (Basingstoke, UK).(c) Exporting producer- Sony Professional Products Company (Boca Ratón, USA) (hereinafter referred to as "Sony").(9) The investigation of dumping covered the period from 1 January 1998 to 31 December 1998 (hereinafter referred to as the "investigation period"). The examination of injury covered the period from 1 January 1995 up to the end of the investigation period (hereinafter referred to as the "period considered").B. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT(10) The product under consideration in this proceeding is the same as the one at issue in the proceeding concerning TCS originating in Japan(4), i.e. television camera systems, consisting of a combination of the following parts, imported either together or separately:(a) a camera head with three or more sensors (12 mm or more charge-coupled devices) with more than 400000 pixels each, which can be connected to a rear adapter, and having a specification of the signal to noise ratio of 55 dB or more at normal gain; either in one piece with the camera head and the adapter in one housing, or separate;(b) a viewfinder (diagonal of 38 mm or more);(c) a base station or camera control unit (CCU) connected to the camera by a cable;(d) an operational control panel (OCP) for camera control (i.e. for colour adjustment lens opening or iris of single cameras);(e) a master control panel (MCP) or master set-up unit (MSU) with selected camera indication, for the overview and for adjustment of several remote cameras.(11) This product is currently classifiable under CN codes 8525 30 90, 8537 10 91, 8537 10 99, 8529 90 81, 8529 90 88, 8543 89 95, 8528 21 14, 8528 21 16, 8528 21 90.(12) The Commission found no indications that there were differences in the basic physical and technical characteristics and uses of the TCS produced in the USA and either sold on the American domestic market or exported from the USA to the Community. The investigation also showed that the products manufactured and sold by the Community industry on the Community market and those imported in the Community from the USA had the same basic technology and were both produced according to world-wide applicable industry standards. Both products had also the same uses, and they were consequently interchangeable and were competing with each other. Therefore, in the light of the above, the TCS manufactured in the USA and sold domestically or exported to the Community and the TCS manufactured and sold by the Community industry on the Community market are like products within the meaning of Article 1(4) of the basic Regulation.C. DUMPING(13) The investigation has shown the existence of dumping as regards the sole exporting producer known in this proceeding.D. INJURY AND CAUSALITY(14) Within the Community, the product concerned is manufactured by the complainant and Thomson. Both companies cooperated in the investigation. They therefore constitute the Community industry since they account for 100 % of the total Community production of the product concerned within the meaning of Article 4(1) of the basic Regulation.(15) The investigation showed that the Community industry suffered material injury within the meaning of Article 3(1) of the basic Regulation. It was also determined that this injury had been caused by the dumped imports from the USA.E. SUBSEQUENT EVENTS TO THE INITIATION OF THE PROCEEDING(16) Subsequent to the initiation of the proceeding, the sole exporting producer concerned, i.e. Sony, informed the Commission that it was definitively discontinuing its manufacturing activities of TCS in the USA, which were going to be definitively transferred to the Community. The Commission services visited Sony's premises and manufacturing plant in the USA in order to verify this information. It was confirmed in the course of that verification visit that Sony was phasing out its production of TCS in the USA with a view of closing down its manufacturing facilities for TCS in the USA as from September 1999 and transferring them to the Community. The company made an official announcement to this effect on 27th September 1999 stating that this transfer would be concluded by December 1999.(17) In the absence of any other producer of TCS in the USA, and in view of the definitive discontinuation of the manufacturing of the product concerned in the USA, imports of TCS from the USA will cease as from December 1999. In these circumstances no protective measures are necessary.F. TERMINATION OF THE PROCEEDINGS(18) The Community industry was informed of the essential facts and considerations on the basis of which the Commission intended to terminate these proceedings. Subsequently the Community industry made known its views, which were then examined in detail by the Commission,HAS DECIDED AS FOLLOWS:Sole ArticleThe anti-dumping proceedings concerning imports of television camera systems, currently classifiable within CN codes 8525 30 90, 8537 10 91, 8537 10 99, 8529 90 81, 8529 90 88, 8543 89 95, 8528 21 14, 8528 21 16 and 8528 21 90, and originating in the United States of America are hereby terminated.Done at Brussels, 31 January 2000.For the CommissionPascal LAMYMember of the Commission(1) OJ L 56, 6.3.1996, p. 1.(2) OJ L 128, 30.4.1998, p. 18.(3) OJ C 17, 22.1.1999, p. 4.(4) Council Regulation (EC) No 1015/94 of 29 April 1994 imposing a definitive anti-dumping duty on imports of television camera systems originating in Japan, as last amended by Regulation (EC) No 193/1999 (OJ L 22, 29.1.1999, p. 10).


Avis juridique important

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31999D0324(01)

Council Decision of 9 March 1999 appointing a member of the Advisory Committee of the Euratom Supply Agency

Official Journal C 081 , 24/03/1999 P. 0001 - 0001

COUNCIL DECISION of 9 March 1999 appointing a member of the Advisory Committee of the Euratom Supply Agency (1999/C 81/01)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second and third paragraphs of Article 54 thereof,Having regard to Article X of the Statutes of the Euratom Supply Agency (1), as last amended by Decision 95/1/EC, Euratom, ECSC (2),Having regard to the Council Decision of 27 June 1997 appointing the members of the Advisory Committee of the Euratom Supply Agency (3),Having regard to the opinion of the Commission,Whereas a member's seat on the aforementioned Committee has become vacant following the resignation of Mr Göran LAGERSTEDT, which was brought to the Council's attention on 4 August 1998;Whereas this vacancy should be filled;Having regard to the nomination submitted by the Swedish Government on 4 August 1998,HAS DECIDED AS FOLLOWS:Sole Article Mr Bengt OLOFSSON is hereby appointed a member of the Advisory Committee of the Euratom Supply Agency for the remainder of the Committee's term of office, that is until 28 March 1999.Done at Brussels, 9 March 1999.For the CouncilThe PresidentW. RIESTER(1) OJ 27, 6.12.1958, p. 534/58.(2) OJ L 1, 1.1.1995, p. 1.(3) OJ C 210, 11.7.1997, p. 3.


Avis juridique important

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31991D0424

91/424/EEC: Decision No 146 of 10 October 1990 concerning the interpretation of Article 94 (9) of Regulation (EEC) No 1408/71

Official Journal L 235 , 23/08/1991 P. 0009 - 0020 Finnish special edition: Chapter 5 Volume 5 P. 0081  Swedish special edition: Chapter 5 Volume 5 P. 0081

DECISION No 146 of 10 October 1990 concerning the interpretation of Article 94 (9) of Regulation (EEC) No 1408/71 (91/424/EEC)THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,  Having regard to Article 81 (a) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to the members of their families moving within the Community, under  which it is responsible for dealing with all administrative questions and questions of interpretation arising from the provisions of Regulation (EEC) No 1408/71 and subsequent Regulations,  Having regard to Article 2 (1) of Council Regulation (EEC) No 574/72 of 21 March 1972 under which it is responsible for drawing up models of certificates, certified statements, declarations, applications and other documents necessary for the application  of the Regulations,  Having regard to Council Regulation (EEC) No 3427/89 of 30 October 1989 which introduces a uniform solution for all the Member States to the problem of the payment of family benefits to members of the family not residing in the territory of the  competent State,  Having regard to Article 94 (9), as amended by the said Regulation, which on the one hand provides that the family allowances received by employed persons employed in France in respect of the members of their families residing in another Member State on  the date of 15 November 1989 shall continue to be paid at the rates, within the limits and according to the procedures applicable on that date as long as their amount exceeds that of the benefits that would be due as from the date of 16 November 1989  and as long as the persons concerned are subject to French legislation, and on the other hand provides that the Administrative Commission shall deliver an opinion on the procedure for implementing this paragraph, and in particular the sharing of the  cost of these allowances,  Whereas it is important to define exactly the scope of Article 94 (9) and the conditions of its application;  Whereas it is necessary to lay down the procedure enabling the provisions of the allowances, with regard to the responsibilities of the institutions concerned, the comparison between the amount of the family allowances (guaranteed amount) and that of  French family benefits, the payment, where appropriate, of a supplement equal to the difference between these two amounts, and the sharing of the cost of these allowances between the institutions concerned;  Wheras, moreover, it is necessary to specify the rate of conversion of currencies to be used for the aforementioned comparison;  Whereas two specific model forms should be created, one certifying the payment of family allowances for November 1989 and the other certifying the continuation or termination of the payment of family allowances pursuant to Article 94 (9);  Whereas the language in which the forms are to be issued has been settled by Recommendation No 15 of the Administrative Commission;  Whereas, finally, the time limits applicable for the exercise of the right to receive a guaranteed amount of family allowances should be determined;  Acting in accordance with the conditions laid down in Article 80 (3) of Regulation (EEC) No 1408/71,  HAS DECIDED AS FOLLOWS:  1.(a)The provisions of Article 94 (9) of Regulation (EEC) No 1408/71 shall be applicable if on 15 November 1989 an employed person subject to French legislation received the family allowances provided for in the former Article 73 (2) for the members of  his family residing in another Member State; they shall not be applicable if the right to family benefits was acquired in the State of residence on 15 November 1989; they shall permanently cease to be applicable if subsequently a right to family  benefits is acquired in the State of residence.  Moreover, the family allowances which an employed person employed in France receives on 15 November 1989 for the members of his family residing in another Member State shall continue to be provided pursuant to the provisions of Article 94 (9) as long as  the members of the family are still resident in the territory of that other Member State.  (b)The family allowances referred to in Article 94 (9) of Regulation (EEC) No 1408/71 shall be those that were effectively provided to the employed person in November 1989 for the members of his family qualifying for these allowances. The amount of  these allowances shall constitute the guaranteed amount.  The family benefits referred to in the said Article shall be the French family benefits due to the employed person from 16 November 1989.  (c)If for two consecutive months the amount of French family benefits, except for those paid as a once-only payment (these being disregarded for the purpose of the comparison) is higher than or equal to the guaranteed amount for a given month,  entitlement to that amount shall be permanently withdrawn.  With regard to the condition, laid down in Article 94 (9), of the person concerned remaining subject to French legislation, no account shall be taken of interruptions of work of less than one month or of periods of temporary suspension of work due to  illness, maternity, accident at work, occupational disease or unemployment, with the continued receipt of pay or receipt of corresponding benefits under French legislation, except for pensions and annuities or because of paid leave, a strike or a  lockout.  (d)The guaranteed amount shall be established definitively. In particular, it cannot be reassessed subsequently either because of a change in the rate of family allowances provided for by the legislation of the Member State in whose territory the  members of the family resided on 15 November 1989 or because of an increase in the number of members of the family.  However, in the event of a subsequent decrease in the number of members of the family, referred to in Article 94 (9), in the Member State of residence, the guaranteed amount shall be recalculated by reference to the number of family members remaining,  at the rate and within the limits applicable on 15 November 1989 in the territory of the said Member State.  2.(a)In order to enable the French competent institution to determine whether the provisions of Article 94 (9) should be applied, the institution of the place in which the members of the family resided on 15 November 1989 shall, at the request of the  persons concerned or of the French institution issue a statement certifying whether family allowances were or were not actually provided for November 1989, in accordance with the model form E 412 F produced below.  If family allowances were provided, the institution of the place of residence shall on the certified statement specify the members of the family for whom they were provided as well as the amount of the allowances, per member of the family or for the  family as a whole, in accordance with the provisions of the legislation applied.  The said certified statement must also specify whether the employed person's spouse or the person to whom the family allowances were provided pursued an occupation in November 1989 or an activity treated as such in accordance with Decision No 199.  (b)Upon receipt of this certified statement, the French competent institution shall, where appropriate, compare the amount of the family benefits referred to in the second sentence of paragraph 1(b) with the guaranteed amount.  If the amount of the family benefits is higher than or equal to the guaranteed amount, only the benefits shall be provided by the competent institution.  If the amount of the family benefits is less than the guaranteed amount, the benefits shall be provided by the French competent institution and a supplement equal to the difference between the guaranteed amount and these benefits shall be provided by  the institution of the place of residence.  If the amount of the French family benefits is nil, the supplement provided by the institution of the place of residence shall be equal to the guaranteed amount.  (c)In order to make the comparison referred to in the preceding subparagraph, the French competent institution shall convert the guaranteed amount to its own currency, using the rate of conversion provided for in Article 107 (1) of Regulation (EEC) No  574/72. The rate of conversion to be taken into account shall be the rate applicable on 16 November 1989.  3.(a)Where a differential supplement has to be provided, the French competent institution shall every month send the institution of the place of residence a certificate concerning the continuation or termination of the provision of family allowances, in  accordance with the model form E 413 F reproduced below.  Upon receipt of this certificate, the institution of the place of residence shall provide the supplement equal to the difference between the guaranteed amount and the equivalent in its own currency, at the official rate of exchange on the day of  comparison, of the amount of the French family benefits.  (b)If the legislation applied by the institution of the place of residence provides that the family benefits shall be provided at intervals other than monthly intervals, the said institution may provide the differential supplement in accordance with  these other intervals.  (c)If the person concerned ceases to benefit from the provisions of Article 94 (9), the French competent institution shall use the certificate referred to in the preceding subparagraphs to notify the institution of the place of residence of the  permanent termination of entitlement to the guaranteed amount.  4.The competent authorities of the Member States shall make the forms referred to in paragraphs 2 (a) and 3 (a) available to the competent institutions concerned. These forms shall be available in the official languages of the Community and shall be  laid out in such a manner that the different versions are perfectly superposable to enable every person concerned to receive the forms in his own language.  5.In the event of a recalculation of the guaranteed amount, in accordance with the conditions laid down in the third sentence of paragraph 1 (d), the institution of the place of residence shall again issue the certificate referred to in paragraph 2 (a).  The French competent institution shall then make a new comparison as indicated in subparagraphs 2 (b) and (c).  6.The cost of the allowances constituting the amount guaranteed by Article 94 (9) of Regulation (EEC) No 1408/71 shall be shared in the following manner:  -the French competent institution shall bear the cost of these allowances up to the total amount of the French family benefits provided to the employed person for the members of his family residing in another Member State,  -the institution of the place of residence of the members of the family shall bear the cost of the difference between the guaranteed amount and the amount of these family benefits.  However, France and another Member State or their competent authorities may agree or other cost-sharing arrangements and shall inform the Administrative Commission thereof.  7.For the exercise of the right, recognized by Article 94 (9), to receive a guaranteed amount of family allowances, the two-year time limit provided for by French legislation shall be suspended up to the date of application of this Decision and shall  apply only with effect from the said date.  8.This Decision shall be applicable from the first day of the month following its publication in the Official Journal of the European Communities.  The Chairman of the Administrative Commission M. T. FERRARO


Avis juridique important

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31991D0404

91/404/EEC: Commission Decision of 19 July 1991 reallocating the sixth European Development Fund (EDF) appropriations not yet committed from non-programmable resources for the overseas countries and territories

Official Journal L 222 , 10/08/1991 P. 0042 - 0042 Finnish special edition: Chapter 11 Volume 17 P. 0053  Swedish special edition: Chapter 11 Volume 17 P. 0053

COMMISSION DECISION  of 19 July 1991  reallocating the sixth European Development Fund (EDF) appropriations not yet committed from non-programmable resources for the overseas countries and territories  (91/404/EEC)THE COMMISSION OF THE  EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Decision 86/283/EEC of 30 June 1986 on the association of the overseas countries and territories with the European Economic Community (1), as last amended by Decision 91/312/EEC (2), and in particular Article 137 (3) thereof,  Having regard to the 1985 Internal Agreement on the financing and administration of Community aid, hereinafter referred to as the 'Internal Agreement' (3),  Whereas by Decision 86/283/EEC the Council granted certain appropriations to the overseas countries and territories, hereinafter referred to as the 'OCT', under the sixth European Development Fund; whereas there are among the non-programmable  appropriations for emergency aid and aid for refugees and returnees outstanding balances totalling ECU 3 415 000 which have not yet been committed;  Whereas Decision 86/283/EEC provides that upon its expiry, on 30 June 1991, any appropriations which have not been committed shall be returned to the Fund proper to finance other schemes falling within the scope of financial and technical cooperation,  unless the Council decides otherwise;  Whereas, in view of the prior agreements reached in the course of the Council's discussions on the seventh EDF, there is no need for the Council to decide otherwise; whereas the funds should be reallocated to the three OCT groups concerned in the same  proportions as the programmable resources of the sixth EDF were allocated in June 1986;  Whereas it will then be necessary to carry out additional programming procedures with the relevant authorities of the OCT concerned for the additional amounts made available to them; whereas, in the interests of good management, this programming should  be carried out at the same time as, and in a complementary manner to, the programming exercise to be carried out for the seventh EDF pursuant to the new Decision on the association recently adopted by the Council,  HAS DECIDED AS FOLLOWS:  Article 1  In the framework of the appropriations provided for under the fifth EDF for overseas countries and territories, funds not committed from the appropriations relating to emergency aid and aid for refugees and returnees shall be transferred to  the financing of projects and programmes to be implemented in the three OCT groups for which the Kingdom of the Netherlands, France and the United Kingdom have responsibility.  The funds shall be broken down as follows:  - United Kingdom OCT: ECU 615 000,  - French OCT: ECU 1 400 000,  - Dutch OCT: ECU 1 400 000.  Article 2  The Chief Authorizing Officer of the EDF is hereby instructed to carry out with the relevant authorities of the countries and territories the additional programming procedures at the same time as, and in a complementary manner to, the  programming exercise to be carried out for the seventh EDF.  Article 3  This Decision shall take effect on the day following its publication in the Official Journal of the European Communities. Done at Brussels, 19 July 1991. For the Commission  Manuel MARÍN  Vice-President   (1) OJ No L 175, 1. 7. 1986, p. 1. (2) OJ No L 170, 29. 6. 1991, p. 13. (3) OJ No L 86, 31. 3. 1986, p. 210.


Avis juridique important

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31987D0225

87/225/EEC: Council Decision of 23 March 1987 concerning the conclusion of an Agreement in the form of an exchange of letters concerning the provisional application of the Agreement amending the Agreement between the European Economic Community and the Government of the Democratic Republic of Madagascar on fishing off the coast of Madagascar

Official Journal L 098 , 10/04/1987 P. 0007

COUNCIL DECISION of 23 March 1987 concerning the conclusion of an Agreement in the form of an Exchange of Letters concerning the provisional application of the Agreement amending the Agreement between the European Economic Community and the  Government of the Democratic Republic of Madagascar on fishing off the coast of Madagascar (87/225/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the Agreement between the European Economic Community and the Government of the Democratic Republic of Madagascar on fishing off the coast of Madagascar, signed at Antananarivo on 28 January 1986 (1),  Having regard to the proposal from the Commission,  Whereas, pursuant to Article 5 of Protocol 1 to the abovementioned Agreement, the Community and the Democratic Republic of Madagascar conducted negotiations to determine the amendments to be made to the said Agreement;  Whereas, as a result of those negotiations, an Agreement amending the abovementioned Agreement was initialled on 28 November 1986; whereas, under that Agreement, fishermen from the enlarged Community have increased fishing opportunities open to them in  the waters under the sovereignty or jurisdiction of Madagascar;  Whereas, in order to permit immediate use to be made of the new fishing possibilities open to vessels of the enlarged Community, the two parties also initialled an Exchange of Letters providing for the provisional application of the Agreement as from 28  November 1986; whereas it is therefore imperative to approve this Exchange of Letters as soon as possible, pending the conclusion of the Agreement on the basis of Article 43 of the Treaty,  HAS DECIDED AS FOLLOWS:    Article 1 The Agreement in the form of an Exchange of Letters concerning the provisional application of the Agreement amending the Agreement between the European Economic Community and the Government of the Democratic Republic of Madagascar on fishing  off the coast of Madagascar is hereby approved on behalf of the Community.  The texts of the Agreement in the form of an Exchange of Letters and of the Agreement amending the fishing agreement are attached to this Decision.  Article 2 The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters referred to in Article 1 in order to bind the Community.   Done at Brussels, 23 March 1987.  For the Council The President H. DE CROO  EWG:L555UMBE04.97 FF: 5UEN;   SETUP: 01;   Hoehe: 386 mm;   58 Zeilen;   2600 Zeichen;  Bediener: MARK   Pr.: B;  Kunde:     (1) OJ No L 73, 18. 3. 1986, p. 25.


Important legal notice

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E2000C0224(01)

Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Articles 3(5) and 3(1) of the Act referred to in point 1b of Annex XV to the EEA Agreement - EFTA Surveillance Authority decision not to raise objections

Official Journal C 052 , 24/02/2000 P. 0030 - 0030

Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Articles 3(5) and 3(1) of the Act referred to in point 1b of Annex XV to the EEA AgreementEFTA Surveillance Authority decision not to raise objections(2000/C 52/12)Date of adoption of the decision: 17.11.1999EFTA-State: NorwayAid No: 99-010Title: Aids related to the construction of a fishery patrol vessel for the Ministry of Fisheries and Marine Resources in NamibiaObjective: Development assistance to Namibia and aid to shipbuildingLegal basis: Financing provided by the Norwegian Agency for Development Cooperation (NORAD) and the State BudgetBudget: Tied aid financing, 80 % loan to be repaid in 30 semi-annual instalments, the first falling due six years after delivery, with an interest rate of 1 % per annum and grant to shipyardAid intensity or amount: OECD concessionality level of about 35 % and grant element of 4,5 % or 9 % depending on the contract valueThe authentic text(s) of the decision, from which all confidential information has been removed, can be found athttp://europa.eu.int/comm/sg/sgb/state_aids


Commission Decision - Carryover of differentiated appropriations from 2005 to 2006


title: 2008/536/EC: Decision of the European Parliament of 24 April 2007 on closing the accounts of the European Network and Information Security Agency for the financial year 2005

text:
               15.7.2008

               EN

               Official Journal of the European Union

               L 187/180

      DECISION OF THE EUROPEAN PARLIAMENT

   of 24 April 2007
   on closing the accounts of the European Network and Information Security Agency for the financial year 2005
   (2008/536/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Network and Information Security Agency for the financial year 2005 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Network and Information Security Agency for the financial year 2005, together with the Agency's replies (2),
   having regard to the Council's Recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 460/2004 of the European Parliament and of the Council of 10 March 2004 establishing a European Network and Information Security Agency (4), and in particular Article 17 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control (A6-0102/2007),

               1.

               Notes that the final annual accounts of the European Network and Information Security Agency for the financial year 2005 are as follows:
               Revenue and expenditure account for the financial year 2005
                      (6)

                           (in EUR 1000)

                              2005

                              Revenue

                           Commission subsidies

                           4 400

                           Assigned revenue

                           Miscellaneous revenue

                              Total revenue (a)

                           4 400

                              Budgetary expenditure for the financial year

                              Staff — Title I of the budget

                           Payments

                           -1 490

                           Appropriations carried over

                           - 257

                              Administration — Title II of the budget

                           Payments

                           - 453

                           Appropriations carried over

                           -1 065

                              Operating activities — Title III of the budget (except for assigned revenue)

                           Payments against payment appropriations for the financial year

                           - 196

                           Payments against outstanding commitments at 31.12.2003

                           Appropriations carried over

                           - 790

                              Assigned revenue (Phare and third countries)

                           Payments

                           Appropriations carried over

                              Total expenditure (b)

                           -4 251

                              Outturn for the financial year (a - b)

                           149

                              Balance carried over from the previous financial year

                              N - 1 appropriations carried over and cancelled (Title I and II non-differentiated)

                              Neutralisation of N - 1 carry-over for Title III connected with changeover to differentiated appropriations

                              Sums for re-use from the previous financial year not used

                              Refunds to the Commission

                              Exchange-rate differences

                              Balance for the financial year

                           149

                              Source: Information supplied by the Agency — This table summarises the data provided by the Agency in its annual accounts.

               2.

               Approves closing the accounts of the European Network and Information Security Agency for the financial year 2005;

               3.

               Instructs its President to forward this Decision to the director of the European Network and Information Security Agency, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 266, 31.10.2006, p. 16.

      (2)  OJ C 312, 19.12.2006, p. 1.

      (3)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

      (4)  OJ L 77, 13.3.2004, p. 1.

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

      (6)  Only figures for 2005 due to the fact it is a newly created Agency;


title: 2013/3/EU: Council Decision of 20 December 2012 on the launch of automated data exchange with regard to DNA data in Poland

text:
               8.1.2013

               EN

               Official Journal of the European Union

               L 3/5

         COUNCIL DECISION
   of 20 December 2012
   on the launch of automated data exchange with regard to DNA data in Poland
   (2013/3/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), in particular Article 2(3) and Article 25 thereof,
   Having regard to Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA (2), in particular Article 20 and Chapter 4 of the Annex thereto,
   Whereas:

               (1)

               According to the Protocol on Transitional Provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, the legal effects of the acts of the institutions, bodies, offices and agencies of the Union adopted prior to the entry into force of the Treaty of Lisbon are preserved until those acts are repealed, annulled or amended in implementation of the Treaties.

               (2)

               Accordingly, Article 25 of Decision 2008/615/JHA is applicable and the Council must unanimously decide whether the Member States have implemented the provisions of Chapter 6 of that Decision.

               (3)

               Article 20 of Decision 2008/616/JHA provides that decisions referred to in Article 25(2) of Decision 2008/615/JHA are to be taken on the basis of an evaluation report based on a questionnaire. With respect to automated data exchange in accordance with Chapter 2 of Decision 2008/615/JHA, the evaluation report is to be based on an evaluation visit and a pilot run.

               (4)

               Poland has informed the General Secretariat of the Council of the national DNA analysis files to which Articles 2 to 6 of Decision 2008/615/JHA apply and the conditions for automated searching as referred to in Article 3(1) of that Decision in accordance with Article 36(2) of that Decision.

               (5)

               According to Chapter 4, point 1.1, of the Annex to Decision 2008/616/JHA, the questionnaire drawn up by the relevant Council Working Group concerns each of the automated data exchanges and has to be answered by a Member State as soon as it believes it fulfils the prerequisites for sharing data in the relevant data category.

               (6)

               Poland has completed the questionnaire on data protection and the questionnaire on DNA data exchange.

               (7)

               A successful pilot run has been carried out by Poland with Slovakia.

               (8)

               An evaluation visit has taken place in Poland and a report on the evaluation visit has been produced by the Slovakian evaluation team and forwarded to the relevant Council Working Group.

               (9)

               An overall evaluation report, summarising the results of the questionnaire, the evaluation visit and the pilot run concerning DNA data exchange has been presented to the Council,

         HAS ADOPTED THIS DECISION:
   Article 1
   For the purposes of automated searching and comparison of DNA data, Poland has fully implemented the general provisions on data protection of Chapter 6 of Decision 2008/615/JHA and is entitled to receive and supply personal data pursuant to Articles 3 and 4 of that Decision as from the day of the entry into force of this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 20 December 2012.

            For the Council

            The President

         E. FLOURENTZOU

      (1)  OJ L 210, 6.8.2008, p. 1.

      (2)  OJ L 210, 6.8.2008, p. 12.


title: 2011/758/EU: Decision of the European Parliament of 25 October 2011 on discharge in respect of the implementation of the budget of the European Medicines Agency for the financial year 2009

text:
               26.11.2011

               EN

               Official Journal of the European Union

               L 313/27

         DECISION OF THE EUROPEAN PARLIAMENT
   of 25 October 2011
   on discharge in respect of the implementation of the budget of the European Medicines Agency for the financial year 2009
   (2011/758/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Medicines Agency for the financial year 2009,
   having regard to the Court of Auditors’ report on the annual accounts of the European Medicines Agency for the financial year 2009, together with the Agency’s replies (1),
   having regard to the Council’s recommendation of 15 February 2011 (05892/2011 — C7-0052/2011),
   having regard to its decision of 10 May 2011 (2) postponing the discharge decision for the financial year 2009, and the replies by the Executive Director of the European Medicines Agency,
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 726/2004 of the European Parliament and of the Council (4) establishing a European Medicines Agency and in particular Article 68 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,
   having regard to the letter of the Chair of the Agency’s Management Board to the Chair of the Committee on Budgetary Control of the European Parliament of 17 June 2011 (EMA/441533/2011),
   having regard to the Agency’s replies to Parliament’s resolution of 10 May 2011 (6) accompanying its abovementioned Decision on discharge for the financial year 2009,
   having regard to the Annual Internal Audit Reports for 2009, 2008 and 2007 of the Commission’s Internal Audit Service (IAS) on the Agency,
   having regard to the final follow-up report on the audits of 2009, 2008 and 2006 of the IAS on the Agency,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the second report of the Committee on Budgetary Control (A7-0329/2011),

               1.

               Grants the Executive Director of the European Medicines Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2009;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the Resolution that forms an integral part of it to the Executive Director of the European Medicines Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 338, 14.12.2010, p. 28.

      (2)  OJ L 250, 27.9.2011, p. 173.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 136, 30.4.2004, p. 1.

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

      (6)  OJ L 250, 27.9.2011, p. 174.
    ---documentbreak---

               26.11.2011

               EN

               Official Journal of the European Union

               L 313/29

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 25 October 2011
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Medicines Agency for the financial year 2009
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Medicines Agency for the financial year 2009,
   having regard to the Court of Auditors’ report on the annual accounts of the European Medicines Agency for the financial year 2009, together with the Agency’s replies (1),
   having regard to the Council’s recommendation of 15 February 2011 (05892/2011 — C7-0052/2011),
   having regard to its decision of 10 May 2011 (2) postponing the discharge decision for the financial year 2009, and the replies by the Executive Director of the European Medicines Agency,
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 726/2004 of the European Parliament and of the Council (4) establishing a European Medicines Agency and in particular Article 68 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,
   having regard to the letter of the Chair of the Agency’s Management Board to the Chair of the Committee on Budgetary Control of the European Parliament of 17 June 2011 (EMA/441533/2011),
   having regard to the Agency’s replies to Parliament’s resolution of 10 May 2011 (6) accompanying its abovementioned Decision on discharge for the financial year 2009,
   having regard to the Annual Internal Audit Reports for 2009, 2008 and 2007 of the Commission’s Internal Audit Service (IAS) on the Agency,
   having regard to the final follow-up report on the audits of 2009, 2008 and 2006 of the IAS on the Agency,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the second report of the Committee on Budgetary Control (A7-0329/2011),

               A.

               whereas the Court of Auditors, in its report on the annual accounts of the European Medicines Agency for the financial year 2009, qualified its opinion on the legality and regularity of the underlying transactions,

               B.

               whereas in its abovementioned Decision of 10 May 2011 Parliament decided to postpone its decision on granting the Executive Director of the Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2009,

               C.

               whereas the budget of the Agency for 2009 was EUR 194 000 000, which is an increase of 6,28 % on the financial year 2008,

               D.

               whereas the Agency’s budget is financed both from the Union’s annual budget, which accounted for 18,52 % of total revenue in 2009, and, to a greater extent, from fees paid by pharmaceutical companies for services which may spread across more than one financial year, and whereas the Union’s general contribution consequently decreased by 9,2 % between 2008 and 2009,

               E.

               whereas the discharge authority received replies from the Agency following Parliament’s abovementioned resolution of 10 May 2011,

               F.

               whereas in its replies to Parliament, the Agency updated the discharge authority on the level of implementation of the IAS’ recommendations, stating that:

                           —

                           from the 2009 IAS audit on Human Resources Management, one of the three ‘very important’ recommendations has now been implemented and the other two are under way,

                           —

                           from the 2008 IAS audit on Selection administrative procedures supporting the provision of scientific evaluation for human medicines in the Agency, the ‘critical’ recommendation and one ‘very important’ recommendation (management of conflicts of interest of staff & specific guidelines) have respectively been downgraded to ‘very important’ and ‘important’, while three ‘very important’ recommendations have now been implemented,

                           —

                           from the 2005 IAS audit on Implementation of the Internal Control Standards (ICS), one of the two ‘very important’ recommendations has now been implemented,

      General assessment

               1.

               Acknowledges receipt of a letter of the Chair of the Agency’s Management Board of 17 June 2011 in which it is stated that the Agency has taken actions to address the 2009 shortcomings; also takes note of the documents and annexes received from the Agency in response to Parliament’s abovementioned resolution of 10 May 2011; also acknowledges receipt of a letter of the Agency’s Acting Executive Director of 10 August 2011, following the questions raised during the debate on discharge to the Agency for 2009 at the meeting of Parliament’s Committee on Budgetary Control of 13 July 2011; regrets, however, that not all the information requested was submitted;

               2.

               Notes, however, that the Agency should continue to inform on a three-monthly basis the discharge authority on the results of the actions requested by the discharge authority;

               3.

               Underlines that the discharge authority shall continue to carefully monitor during the upcoming discharge procedures the level of implementation of the measures undertaken to address the Agency’s serious weaknesses disclosed by the reports from both the Court of Auditors and the IAS; expects, therefore, the Agency to inform the discharge authority on the actions implemented and their results and to submit the documents requested, especially with regard to the following issues:

                           (a)

                           the process of the adoption by the Management Board of the action plan with specific measures and a timetable for implementation to remedy the shortcomings in the procurement procedures;

                           (b)

                           the thorough verification of the effective use of the existing procedures regarding the identification and management of conflicts of interest for its staff and experts;

                           (c)

                           the submission of the IAS reports according to the Financial Regulation;

      Specific comments

      Procurement procedures

               4.

               Notes the information received relating to the control system which sets out to avoid or detect in time the persistent errors in procurement procedures; expects to receive the multiannual procurement plan; accordingly reminds the Agency to continue improving the quality of its procurement system and to comply strictly with the requirements of the relevant rules on public procurement, so as to rectify the shortcomings pointed out by the Court of Auditors;

               5.

               Notes the initiation of the actions to develop an action plan on improving procurement procedures; calls on the Agency to proceed promptly with the adoption of an action plan to remedy the shortcomings in the procurement procedures, in particular the errors in managing contract award procedures, by providing for more rigorous technical and procedural checks, and to inform the discharge authority accordingly;

               6.

               Recalls that in its 2009 annual report the Court of Auditors stated that the Agency did not carry out enough checks to mitigate the risk of errors on a number of procedures for the procurement of large IT framework contracts; also recalls that the audit showed errors which affected the regularity of these operations and formed the basis for the qualified opinion on the legality and regularity of the transactions underlying the Agency’s accounts by the Court of Auditors;

      Carry-over appropriations

               7.

               Points out that in its annual report on the Agency for 2009, the Court of Auditors reported that approximately EUR 14 800 000 of a carry-over of EUR 19 500 000 (38 % of the Agency’s commitments in 2009) was for activities as yet not implemented (or, in some cases, goods not received for services which may spread across more than one financial year) at the year-end; reminds the Agency therefore to take action in this respect and looks forward to receiving assurance from the Court of Auditors on this;

      Revenue from fees

               8.

               Takes note of information from the Agency that as of 1 January 2011, the Agency introduced an integrated Enterprise Resource Planning System (ERP) with SAP as the provider to remedy its long delay for recovery orders; takes note that with this new system the Agency feeds the data from its current operational systems (e.g. Siamed) via a dashboard directly into the financial module SAP;

      Foreign-exchange contracts

               9.

               Acknowledges the Agency’s commitment to limit its risks due to exchange rate variance and that as of 11 June 2010 it revised its Treasury Policy by: establishing an internal consultation committee to advise the accounting officer on hedging strategies; limiting the hedging to 50 % of estimated requirement; and ensuring that achievable market rates match or are above the budget-costing rate;

      Management of conflicts of interest

               10.

               Takes note of the Agency’s replies on the compliance with its Code of Conduct by setting out principles and guidance on independence and confidentiality applicable to the Management Board and members of committees, experts and the Agency’s staff; accordingly expects the Agency to assess thoroughly, before the allocation of project team leaders to products, whether the interests declared by staff members might influence their impartiality and independence; expects that the Agency’s documents on the conflicts of interest shall be updated;

               11.

               Takes note of the Agency’s intention to apply the IAS’ recommendation from its 2010 follow-up audit by adopting a risk-based approach and focusing checks on staff who declare interests; calls on the Agency to inform the discharge authority on the timing and plan to apply this IAS’ recommendation before the end of 2011;

               12.

               Acknowledges, nevertheless, the Agency’s reply in which it is stated that there is no onus on it to request or monitor the annual declaration of financial interests of experts responsible for evaluating medicinal products, as this lies with the Member States’ competent authorities (Article 126b of Directive 2001/83/EC (7) as amended by Directive 2004/27/EC (8)); calls therefore on the Commission to remind the respective authorities in the Member States of their obligations in this matter;

               13.

               Stresses that it is not only the Agency’s reputation that could be affected in cases where evaluations can be challenged on the grounds of possible conflicts of interest but also that such conflicts of interest do not guarantee the optimal protection of European citizens’ health;

               14.

               Notes that, as of 1 July 2011, the new electronic Declaration of Interests (e-DoI) form went live and all experts were requested to fill in the new e-DoI and that the e-DoIs of all experts included in the Experts database have been made publicly available on the Agency’s website as of 30 September 2011; also notes that the Memorandum of Understanding between the Agency and each National Competent Authority on the monitoring of the scientific level and independence of the evaluation carried out by the National Competent Authority for services to be provided to the Agency became effective as of 4 July 2011;

               15.

               Calls on the Agency to inform the discharge authority on actions taken on issues relating to the effective compliance with its Code of Conduct as regards the management of conflicts of interest;

               16.

               Insists, but also warns the Agency, that all the actions mentioned in the respective audit reports, including the one for the year 2010, should be fully implemented before the start of the next discharge procedure;

      Human resources management

               17.

               Takes note of the Agency’s reply in which it is stated that it has corrected the deficiencies identified by the IAS for contract agent selection and that revised work instructions and templates have been put in place and the staff have received specific training; accordingly calls on the Agency to keep the discharge authority updated on the level of implementation of these actions; looks forward to the 2010 report of the Court of Auditors to establish whether the assurance from the Agency is well founded;

               18.

               Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2011 (9) on the performance, financial management and control of the agencies.

      (1)  OJ C 338, 14.12.2010, p. 28.

      (2)  OJ L 250, 27.9.2011, p. 173.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 136, 30.4.2004, p. 1.

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

      (6)  OJ L 250, 27.9.2011, p. 174.

      (7)  Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67).

      (8)  OJ L 136, 30.4.2004, p. 34.

      (9)  OJ L 250, 27.9.2011, p. 269.


title: 75/177/EEC: Council Decision of 17 February 1975 on the conclusion of the Agreement between the European Economic Community and the Islamic Republic of Pakistan on the supply of butteroil as food aid

text:
No L 75 / 12                      Official Journal of the European Communities                        24. 3 . 75
                                              COUNCIL DECISION
                                               of 17 February 1975
             on the conclusion of the Agreement between the European Economic Community and
                     the Islamic Republic of Pakistan on the supply of butteroil as food aid
                                                    (75 / 177/EEC)
             THE COUNCIL OF THE EUROPEAN COMMUNITIES,
             Having regard to the Treaty establishing the European Economic Community, and in
             particular Articles 113, 114 and 228 thereof;
             Having regard to the recommendation from the Commission ;
             "Whereas by Regulation (EEC) No 530/74, the Council has decided to make 3 000 metric
             tons of butteroil available to the Islamic Republic of Pakistan,
             HAS DECIDED AS FOLLOWS :
                                                       Article 1
             The Agreement between the European Economic Community and the Islamic Republic
              of Pakistan on the supply of butteroil as food aid is hereby concluded on behalf of the
             Community.
             The text of the Agreement is annexed to this Decision.
                                                      Article 2
             The President of the Council is hereby authorized to designate the persons empowered
             to sign the Agreement, and to confer on them the necessary powers to bind the
              Community.
              Done at Brussels, 17 February 1975 .
                                                                           For the Council
                                                                             The President
                                                                               R. RYAN