Avis juridique important

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31978D0923

78/923/EEC: Council Decision of 19 June 1978 concerning the conclusion of the European Convention for the protection of animals kept for farming purposes

Official Journal L 323 , 17/11/1978 P. 0012 - 0013 Greek special edition: Chapter 03 Volume 23 P. 0040  Spanish special edition: Chapter 03 Volume 15 P. 0047  Portuguese special edition Chapter 03 Volume 15 P. 0047

COUNCIL DECISION of 19 June 1978 concerning the conclusion of the European Convention for the protection of animals kept for farming purposes (78/923/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament (1),Having regard to the opinion of the Economic and Social Committee (2),Whereas the European Convention for the protection of animals kept for farming purposes (hereinafter referred to as "the Convention") has been drawn up within the Council of Europe with the aim of protecting animals kept for farming purposes, particularly in modem intensive production systems;Whereas Council Directive 70/373/EEC of 20 July 1970 on the introduction of Community methods of sampling and analysis for the official control of feedingstuffs (3), as last amended by Directive 76/372/EEC (4), Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (5), as last amended by Directive 78/117/EEC (6) and Council Directive 74/63/EEC of 17 December 1973 on the fixing of maximum permitted levels for undesirable substances and products in feedingstuffs (7), as last amended by Directive 76/934/EEC (8), have introduced common rules which may be affected by the Convention, and especially by the implementation of certain of its provisions;Whereas other provisions of the Convention cover areas for which the Community has not yet introduced common rules;Whereas the protection of animals is not in itself one of the objectives of the Community ; whereas, however, there are disparities between existing national laws on the protection of animals kept for farming purposes which may give rise to unequal conditions of competition and which may consequently have an indirect effect on the proper functioning of the common market;Whereas, moreover, the Convention deals with matters which are covered by the common agricultural policy;Whereas it would therefore seem that Community participation in the Convention is necessary for the attainment of the objectives of the Community;Whereas stock-farming in Greenland is carried on in conditions which are fundamentally different from those obtaining in the other regions of the Community on account of the general circumstances and in particular the climate, the low density of population and the exceptional size of the island ; whereas, therefore, the Convention should not apply to Greenland,  HAS DECIDED AS FOLLOWS:Article 1The European Convention for the protection of animals kept for farming purposes is hereby approved on behalf of the European Economic Community.The text of the Convention is annexed to this Decision.Article 2The President of the Council shall deposit the instrument of approval in accordance with Article 14 of the Convention (9).When depositing the instrument of approval, the President of the Council shall, in accordance with Article 16 of the Convention, state that the Convention will not apply to Greenland.Done at Luxembourg, 19 June 1978.For the CouncilThe PresidentP. DALSAGER  (1) OJ No C 83, 4.4.1977, p. 43. (2) OJ No C 204, 30.8.1976, p. 26. (3) OJ No L 170, 3.8.1970, p. 2. (4) OJ No L 102, 15.4.1976, p. 8. (5) OJ No L 270, 14.12.1970, p. 1. (6) OJ No L 40, 10.2.1978, p. 19. (7) OJ No L 38, 11.2.1974, p. 31. (8) OJ No L 364, 31.12.1976, p. 20.(9) The date of entry into force of the Convention will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


Avis juridique important

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31981D1061

81/1061/Euratom, ECSC, EEC: Council Decision of 15 December 1981 amending the method of adjusting the remuneration of officials and other servants of the Communities

Official Journal L 386 , 31/12/1981 P. 0006 - 0010 Spanish special edition: Chapter 01 Volume 3 P. 0119  Portuguese special edition Chapter 01 Volume 3 P. 0119

+++++( 1 ) MOST RECENT STATISTICS PUBLISHED IN THE NATIONAL ACCOUNTS .  ( 2 ) AS PUBLISHED BY THE STATISTICAL OFFICE ' MONTHLY UPDATING OF CONSUMER PRICES - GENERAL STATISTICS AND NATIONAL ACCOUNTS - SOEC ' .  COUNCIL DECISION OF 15 DECEMBER 1981 AMENDING THE METHOD OF ADJUSTING THE REMUNERATION OF OFFICIALS AND OTHER SERVANTS OF THE COMMUNITIES ( 81/1061/EURATOM , ECSC , EEC )$$  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE STAFF REGULATIONS OF OFFICIALS AND THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS , AND IN PARTICULAR ARTICLES 64 AND 65 OF THE STAFF REGULATIONS AND ARTICLES 20 , 63 AND 64 OF THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS ,  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,  HAVING TAKEN NOTE OF THE REPORT FROM THE CONSULTATION COMMITTEE SET UP BY THE COUNCIL DECISION OF 23 JUNE 1981 ,  WHEREAS IT IS NECESSARY TO LAY DOWN THE DETAILED RULES ACCORDING TO WHICH THE COUNCIL , ACTING ON A PROPOSAL FROM THE COMMISSION , APPLIES ARTICLE 65 OF THE STAFF REGULATIONS , IN ORDER TO MAINTAIN HARMONIOUS RELATIONS BETWEEN THE EUROPEAN INSTITUTIONS AND THEIR OFFICIALS AND OTHER STAFF ;  WHEREAS , HAVING REGARD TO THE PRINCIPLE OF PARALLEL DEVELOPMENT , REMUNERATION SHOULD BE ADJUSTED ON THE BASIS OF BOTH THE RESULTS EXPRESSED BY THE JOINT INDEX AND THE SPECIFIC INDICATORS SHOWING THE TREND OF NATIONAL PUBLIC SERVICE SALARIES ;  WHEREAS IT IS ALSO NECESSARY TO LAY DOWN THE PROCEDURE ACCORDING TO WHICH THE COUNCIL TAKES ACCOUNT OF SUBSTANTIAL CHANGES IN THE COST OF LIVING FOR THE PURPOSE OF ADJUSTING THE WEIGHTINGS IN ACCORDANCE WITH ARTICLE 65 ( 2 ) ;  WHEREAS , HOWEVER , IF THE PURCHASING POWER FORECAST FOR THE REFERENCE PERIOD PRODUCES A NEGATIVE TREND , THE RELEVANT INTERIM ADJUSTMENTS SHOULD BE REDUCED APPROPRIATELY ;  WHEREAS THE PARTICULAR DIFFICULTIES OF THE ECONOMIC AND SOCIAL SITUATION MAKE IT ADVISABLE TO INTRODUCE AN EXCEPTIONAL LEVY ON SALARIES , PENSIONS AND TERMINATION-OF - SERVICE ALLOWANCES AT THE SAME TIME AS ADJUSTMENTS ARE MADE UNDER THIS METHOD ON THE UNDERSTANDING THAT , IN THE EVENT OF SERIOUS DETERIORATION IN THE ECONOMIC AND SOCIAL SITUATION , THE COMMISSION WILL SUBMIT APPROPRIATE PROPOSALS ON WHICH THE COUNCIL WILL ACT ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE METHOD FOR ADJUSTING THE REMUNERATION OF OFFICIALS AND OTHER SERVANTS OF THE EUROPEAN COMMUNITIES ADOPTED ON 26 JUNE 1976 SHALL BE REPLACED BY THE TEXT ANNEXED TO THIS DECISION .  THIS METHOD SHALL APPLY FOR THE PERIOD 1 JULY 1981 TO 30 JUNE 1991 AND SHALL TAKE ACCOUNT , ON 1 JULY 1981 , OF THE REFERENCE PERIOD BEGINNING 1 JULY 1980 .  ARTICLE 2  THIS DECISION SHALL TAKE EFFECT ON 15 DECEMBER 1981 .  IT SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  DONE AT BRUSSELS , 15 DECEMBER 1981 .  FOR THE COUNCIL  THE PRESIDENT  D . HOWELL  ANNEX  1 . BASIC PRINCIPLE  THE ADJUSTMENT OF SALARIES BASED ON ARTICLE 65 OF THE STAFF REGULATIONS FORMS PART OF A POLICY WHICH AIMS TO ENSURE THAT THE REMUNERATION OF OFFICIALS AND OTHER SERVANTS DEVELOPS IN LINE WITH THE AVERAGE INCREASE IN THE REMUNERATION OF THE VARIOUS CATEGORIES OF CIVIL SERVANTS NOTED IN THE MEMBER STATES .  FOR A PERIOD OF 10 YEARS , THE FOLLOWING FACTORS SHALL BE TAKEN INTO CONSIDERATION FOR THE ANNUAL REVIEW OF SALARY LEVELS :  - THE JOINT COST-OF-LIVING INDEXES ,  - THE SPECIFIC INDICATOR ( THE CHANGE IN PURCHASING POWER OF THE SALARIES OF NATIONAL CIVIL SERVANTS ) ,  - THE ECONOMIC AND SOCIAL SITUATION , CONSIDERED IN THE LIGHT OF OBJECTIVE DATA TO BE SUPPLIED BY THE COMMISSION ,  - RECRUITMENT NEEDS .  THE STATISTICS NECESSARY FOR THE INTERIM ADJUSTMENTS ( ARTICLE 65 ( 2 ) ) SHALL ALSO BE SUPPLIED .  II . DETAILED RULES OF APPLICATION  1 . ANNUAL REVIEW OF REMUNERATIONS  ( ARTICLE 65 ( 1 ) OF THE STAFF REGULATIONS )  EACH SEPTEMBER THE COMMISSION SHALL SUBMIT A REPORT ON THE FOLLOWING FACTORS :  1 . 1 . COST-OF-LIVING TRENDS  THE STATISTICAL OFFICE OF THE EUROPEAN COMMUNITIES SHALL DRAW UP , IN AGREEMENT WITH THE NATIONAL STATISTICAL DEPARTMENTS OF THE MEMBER STATES , THE JOINT INDEXES ENABLING TRENDS OF PRICE INCREASES BORNE BY EUROPEAN OFFICIALS IN THE VARIOUS PLACES OF EMPLOYMENT TO BE MEASURED AND THUS ENABLING THE GEOGRAPHICAL WEIGHTINGS IN ARTICLE 64 OF THE STAFF REGULATIONS TO BE UPDATED .  EVERY FIVE YEARS THE STATISTICAL OFFICE OF THE EUROPEAN COMMUNITIES SHALL VERIFY , IN AGREEMENT WITH THE STATISTICAL DEPARTMENTS OF THE MEMBER STATES , WHETHER THE RATIOS BETWEEN WEIGHTINGS ACCURATELY REFLECT PURCHASING POWER EQUIVALENCES BETWEEN SALARIES PAID TO STAFF SERVING IN THE CAPITALS OF THE MEMBER STATES .  SUCH A CHECK SHALL BE MADE FOR OTHER PLACES OF EMPLOYMENT WHEN OBJECTIVE FACTORS SUGGEST THAT THERE IS A DANGER OF CONSIDERABLE DISTORTION IN RELATION TO DATA RECORDED IN THE CAPITAL OF THE COUNTRY CONCERNED .  1 . 2 . CHANGES IN THE REAL INCOME OF NATIONAL CIVIL SERVANTS - SPECIFIC INDICATORS  THE AIM IS TO MEASURE THE PERCENTAGE CHANGE BOTH UP AND DOWN IN THE PURCHASING POWER OF SALARIES IN THE NATIONAL CIVIL SERVICES .  FOR THIS PURPOSE :  ( A ) THE STATISTICAL OFFICE OF THE EUROPEAN COMMUNITIES SHALL , ON THE BASIS OF INFORMATION SUPPLIED BY THE NATIONAL DEPARTMENTS , DRAW UP SPECIFIC INDICATORS FOR THE CHANGES IN REAL SALARIES OF OFFICIALS IN THE CENTRAL ADMINISTRATIONS DURING THE PRECEDING REFERENCE PERIOD . THE REFERENCE PERIOD SHALL BE THE 12 MONTHS PRECEDING 1 JULY OF THE YEAR IN WHICH THE REVIEW IS CARRIED OUT .  THE VARIOUS SPECIFIC INDICATORS SHALL TAKE TWO FORMS :  - AN INDICATOR FOR EACH OF THE FOUR CATEGORIES A , B , C AND D ,  - AN AVERAGE INDICATOR WEIGHTED TO REFLECT THE NUMBERS OF NATIONAL CIVIL SERVANTS IN THESE FOUR CATEGORIES .  EACH OF THESE INDICATORS SHALL BE DRAWN UP IN REAL GROSS AND REAL NET TERMS . WHEN THERE IS TRANSITION FROM GROSS TO NET , ACCOUNT SHALL BE TAKEN OF COMPULSORY DEDUCTIONS AND GENERAL TAXATION FACTORS .  IN DRAWING UP THE INDICATORS FOR THE MEMBER STATES AS A WHOLE , THE RESULTS PER COUNTRY SHALL BE WEIGHTED BY THE TOTAL EMOLUMENTS OF THE CENTRAL ADMINISTRATIONS ( 1 ) .  AT THE REQUEST OF THE STATISTICAL OFFICE OF THE EUROPEAN COMMUNITIES , THE NATIONAL DEPARTMENTS SHALL SUPPLY IT WITH THE ADDITIONAL INFORMATION WHICH IT CONSIDERS NECESSARY .  ( B ) IF , AFTER FURTHER CONSULATION OF THE NATIONAL DEPARTMENTS CONCERNED , THE STATISTICAL OFFICE OF THE COMMUNITIES FINDS STATISTICAL ANOMALIES IN THE INFORMATION OBTAINED OR FINDS IT IMPOSSIBLE TO DRAW UP INDICATORS WHICH MEASURE WITH STATISTICAL ACCURACY THE CHANGES IN THE REAL INCOMES OF CIVIL SERVANTS IN A GIVEN MEMBER STATE , IT SHALL REPORT TO THE COMMISSION AND PROVIDE THE COMMISSION WITH MATERIAL ENABLING IT TO DRAW UP A PROPOSAL .  ( C ) THE STATISTICAL OFFICE OF THE EUROPEAN COMMUNITIES SHALL ALSO ASSESS STATISTICALLY THE DIFFERENCE BETWEEN THE GROSS AND NET RATES OF THE SPECIFIC INDICATORS .  ( D ) BESIDES THE SPECIFIC INDICATORS , THE STATISTICAL OFFICE SHALL SUBMIT CONTROL INDICATORS IN THE FORM OF DATA ON REAL PER CAPITA EMOLUMENTS IN PUBLIC AUTHORITIES GENERALLY AND IN CENTRAL ADMINISTRATIONS , DRAWN UP IN ACCORDANCE WITH NATIONAL ACCOUNTS DEFINITIONS .  ITS REPORT ON THE SPECIFIC INDICATORS SHALL BE ACCOMPANIED BY EXPLANATIONS OF THE DIFFERENCES BETWEEN THEM AND THE CHANGES IN THE CONTROL INDICATORS .  1 . 3 . TO DETERMINE THE DETAILED RULES FOR IMPLEMENTING THE METHOD AND TO MINIMIZE THE RISK OF DISPUTES REGARDING THE DATA FOR THE CURRENT FINANCIAL YEAR , THE STATISTICAL OFFICE OF THE EUROPEAN COMMUNITIES SHALL , IN MARCH EACH YEAR , CONVENE A WORKING PARTY COMPOSED OF EXPERTS FROM NATIONAL STATISTICAL INSTITUTES .  THE WORKING PARTY SHALL EXAMINE ALL THE STATISTICAL PROBLEMS CONCERNING :  - THE COST-OF-LIVING INDEXES ( JOINT INDEXES ) ,  - THE SPECIFIC INDEXES AND , MORE PARTICULARLY , THE PROBLEMS INVOLVED IN CALCULATING THESE NET INDICATORS .  THE WORKING PARTY SHALL ALSO BE PROVIDED WITH :  - DATA ON TRENDS IN WORKING HOURS IN THE CENTRAL ADMINISTRATIONS ,  - THE INFORMATION REQUIRED TO PRODUCE , AS FAR AS IS POSSIBLE , A FORECAST OF CHANGES IN THE PURCHASING POWER OF SALARIES OF OFFICIALS IN NATIONAL CENTRAL ADMINISTRATIONS OVER THE REFERENCE PERIOD .  2 . THE ECONOMIC AND SOCIAL SITUATION  DURING THE FIRST FIVE YEARS THE ECONOMIC AND SOCIAL SITUATION , ASSESSED IN THE LIGHT OF OBJECTIVE DATA SUPPLIED BY THE COMMISSION IN THIS REGARD , SHALL BE TAKEN INTO CONSIDERATION BY THE SETTING UP OF A LEVY , DETAILS OF WHICH SHALL BE LAID DOWN IN NEW PROVISIONS OF THE STAFF REGULATIONS AND THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS .  3 . RECRUITMENT NEEDS  ( ARTICLE 65 ( 1 ) OF THE STAFF REGULATIONS )  IF RECRUITMENT NEEDS SO REQUIRE , THE COMMISSION SHALL PRESENT APPROPRIATE PROPOSALS TO THE COUNCIL .  4 . PROCEDURE FOR ADJUSTING REMUNERATION  ( A ) THE COUNCIL , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION , SHALL TAKE A DECISION ANNUALLY ADJUSTING REMUNERATION ON THE BASIS OF THE CRITERIA SET OUT ABOVE .  ( B ) THE COUNCIL SHALL DETERMINE REMUNERATION ADJUSTMENTS IN NET TERMS . SUCH ADJUSTMENTS MAY BE EXPRESSED AS A UNIFORM ACROSS-THE-BOARD PERCENTAGE OR IN A NON-PROPORTIONAL MANNER .  THE ADJUSTMENT MAY THEREFORE BE EXPRESSED AS :  - ONE OR MORE PERCENTAGES ,  - AND/OR A SPECIFIC AMOUNT .  ( C ) THE NET RATE OF ADJUSTMENT THUS FIXED AND THE WEIGHTINGS APPLICABLE TO OFFICIALS IN BELGIUM AND LUXEMBOURG SHALL BE INCORPORATED , IN ACCORDANCE WITH THE FOLLOWING METHOD , IN THE SALARY TABLES APPEARING IN ARTICLE 66 OF THE STAFF REGULATIONS AND IN ARTICLES 20 AND 63 OF THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS :  - THE NET REMUNERATION FOR A WEIGHTING OF 100 ATTACHING TO EACH STEP OF EACH GRADE OF OFFICIAL AND TO EACH CLASS IN EVERY GROUP OF OTHER SERVANTS SHALL BE INCREASED BY THE ABOVE WEIGHTING AND BY THE NET RATE OF ADJUSTMENT REFERRED TO IN ( B ) ABOVE , WHETHER IT IS GIVEN AS A PERCENTAGE OR AS A SPECIFIC AMOUNT ,  - THE NEW TABLE OF BASIC SALARIES IN GROSS TERMS SHALL BE DRAWN UP BY CALCULATING FOR EACH STEP OR CLASS THE GROSS AMOUNT WHICH , AFTER DEDUCTION OF TAX ( HAVING REGARD TO ( D ) BELOW ) AND COMPULSORY DEDUCTIONS , GIVES THE NEW NET AMOUNT REFERRED TO ABOVE ,  - THIS CONVERSION OF NET AMOUNTS INTO GROSS AMOUNTS SHALL BE BASED ON THE SITUATION OF AN UNMARRIED OFFICIAL WHO DOES NOT RECEIVE THE VARIOUS ALLOWANCES ,  - THE WEIGHTING FOR BELGIUM AND LUXEMBOURG SHALL BE FIXED AT 100 ; THE WEIGHTINGS FOR OTHER COUNTRIES OF EMPLOYMENT SHALL BE ADJUSTED TAKING INTO ACCOUNT THE RATIO BETWEEN THE COST-OF-LIVING INDEX NUMBERS IN THOSE COUNTRIES AND THE COST-OF-LIVING INDEX NUMBER IN BRUSSELS AND LUXEMBOURG .  ( D ) FOR THE PURPOSE OF APPLYING REGULATION ( EEC , EURATOM , ECSC ) NO 260/68 CONCERNING COMMUNITY TAX TO REMUNERATIONS PAID IN ACCORDANCE WITH THE TABLE OF BASIC SALARIES WORKED OUT AS PROVIDED BY THE FIRST INDENT , THE AMOUNTS IN ARTICLE 4 OF THE REGULATION SHALL BE MULTIPLIED BY A FACTOR COMPOSED OF :  - THE WEIGHTING APPLICABLE BEFORE INCORPORATION TO THE REMUNERATIONS OF OFFICIALS IN BELGIUM AND LUXEMBOURG ,  - THE NET RATE OF ADJUSTMENT OF REMUNERATIONS REFERRED TO IN ( C ) ABOVE ,  - AND/OR , IF THE ADJUSTMENT IS MADE IN THE FORM OF A SPECIFIC AMOUNT , THE EQUIVALENT AVERAGE PERCENTAGE .  EACH TIME THE SCALE OF BASIC SALARIES IS ADJUSTED , THE NEW MULTIPLIER SHALL BE OBTAINED BY MULTIPLYING THE FORMER MULTIPLIER BY THE FIGURES FOR THE NEW REFERENCE PERIOD .  ( E ) THE COUNCIL DECISION SHALL TAKE EFFECT ON 1 JULY OF THE YEAR IN WHICH THE END OF THE REFERENCE PERIOD USED FOR THE PAY REVIEW FALLS .  5 . EXCEPTION CLAUSE  IF THERE IS A SERIOUS DETERIORATION IN THE ECONOMIC AND SOCIAL SITUATION , THE COMMISSION SHALL , ON THE BASIS OF OBJECTIVE DATA , PRESENT APPROPRIATE PROPOSALS ON WHICH THE COUNCIL WILL ACT .  6 . INTERIM ADJUSTMENT OF REMUNERATION  ( ARTICLE 65 ( 2 ) OF THE STAFF REGULATIONS )  INTERIM ADJUSTMENTS OF REMUNERATION UNDER ARTICLE 65 ( 2 ) , AIMED AT GUARANTEEING AS FAR AS POSSIBLE THE PURCHASING POWER EQUIVALENCE OF EUROPEAN OFFICIALS IRRESPECTIVE OF THEIR PLACE OF EMPLOYMENT , SHALL BE DECIDED ON , IN THE EVENT OF A SUBSTANTIAL CHANGE IN THE COST OF LIVING , IF A CERTAIN SENSITIVITY THRESHOLD IS REACHED TAKING ACCOUNT OF A FORECAST OF CHANGES IN THE PURCHASING POWER OF PUBLIC SERVICE SALARIES DURING THE CURRENT ANNUAL REFERENCE PERIOD .  IN MARCH EACH YEAR THE STATISTICAL OFFICE SHALL MAKE A FORECAST OF CHANGES IN PURCHASING POWER OVER THE PERIOD CONCERNED ON THE BASIS OF THE INFORMATION SUPPLIED AT THE MEETING PROVIDED FOR IN II ( 1.3 ) ABOVE .  IF THIS FORECAST PRODUCES A NEGATIVE PERCENTAGE , HALF THE LATTER SHALL BE DEDUCTED FROM THE SIX-MONTH ADJUSTMENT TO BE MADE . THE FINAL ADJUSTMENT SHALL BE MADE AT THE TIME OF THE ANNUAL REVIEW .  THE SENSITIVITY THRESHOLD SHALL BE 55 % OF THE AVERAGE CHANGE IN THE COST OF LIVING IN THE COMMUNITY ( 2 ) RECORDED OVER THE SIX-MONTH PERIOD FOLLOWNG THE LAST ADJUSTMENT OF REMUNERATION . HOWEVER , TO PRECLUDE EXCESSIVELY HIGH OR LOW , AND THEREFORE UNACCEPTABLE THRESHOLDS , UPPER AND LOWER LIMITS OF 5 AND 2.75 % RESPECTIVELY SHALL BE ESTABLISHED .  THIS THRESHOLD SHALL BE APPLIED IN ACCORDANCE WITH THE FOLLOWING PROCEDURE :  - THE COMMISSION PROPOSAL FOR APPLICATION OF ARTICLE 65 ( 2 ) , HAVING AS ITS REFERENCE PERIOD THE SECOND HALF OF THE PREVIOUS YEAR , SHALL NORMALLY BE SENT TO THE COUNCIL NOT LATER THAN THE SECOND HALF OF APRIL ,  - IF THE THRESHOLD AS DEFINED ABOVE IS REACHED OR EXCEEDED IN BELGIUM , THE WEIGHTINGS FOR ALL PLACES OF EMPLOYMENT SHALL BE ADJUSTED ON 1 JANUARY OF THE CURRENT YEAR ON THE BASIS OF THE RATE OF INFLATION IN EACH OF THEM , SUBJECT TO THE POSSIBILITY OF A DEDUCTION , WHICH WOULD BE PROPORTIONAL IN THE CASE OF ALL THE WEIGHTINGS , SHOULD THE FORECAST SHOW A NEGATIVE TREND IN PURCHASING POWER .  FOR COUNTRIES WITH A HIGH RATE OF INFLATION THE EFFECTIVE DATE SHALL BE EARLIER , SO AS TO OBTAIN A LOSS CORRESPONDING TO THE TRIGGERING THRESHOLD . THE THEORETICAL NUMBER OF DAYS BY WHICH THE EFFECTIVE DATE MUST BE BROUGHT FORWARD IN ORDER TO ARRIVE AT THIS LOSS CORRESPONDENCE SHALL BE CALCULATED FOR EACH PLACE OF EMPLOYMENT .  ON THAT BASIS , THE EFFECTIVE DATES SHALL BE AS FOLLOWS :  - THE FIRST DAY OF THE MONTH FOR ALL PLACES OF EMPLOYMENT HAVING A THEORETICAL DATE FALLING BETWEEN THE 22ND OF THE PREVIOUS MONTH AND THE SIXTH OF THE MONTH IN QUESTION , AND  - THE 16TH OF THE MONTH FOR PLACES OF EMPLOYMENT HAVING A THEORETICAL DATE FALLING BETWEEN THE SEVENTH AND 21ST OF THE SAME MONTH .  IN NO CASE MAY THE EFFECTIVE DATE BE 1 OR 16 DECEMBER .  THE SAME METHOD SHALL BE USED FOR CALCULATING THE EFFECTIVE DATE FOR WEIGHTINGS AT THE TIME OF THE ANNUAL REVIEW , IN ORDER TO AVOID EXCESSIVE DISTORTIONS IN PURCHASING POWER EQUIVALENCE BETWEEN PLACES OF EMPLOYMENT .  IF THE SENSITIVITY THRESHOLD IS NOT REACHED IN BELGIUM , THE WEIGHTINGS OF THE COUNTRIES WHERE INFLATION HAS EXCEEDED THE THRESHOLD SHALL BE ADJUSTED IN LINE WITH THEIR RATE OF INFLATION .  THE INTERIM ADJUSTMENTS DESCRIBED ABOVE SHALL BE DEDUCTED FROM THE ANNUAL SALARY ADJUSTMENT .  WHERE NO JOINT INDEXES ARE AVAILABLE FOR THE PURPOSES OF APPLYING ARTICLE 65 ( 2 ) OF THE STAFF REGULATIONS , NATIONAL CONSUMER PRICE INDICES SHALL BE USED . THE JOINT INDEX SHALL BE USED AT THE ANNUAL REVIEW FOR LEVELLING PURPOSES .  III . FINAL PROVISIONS AND REVIEW CLAUSE  1 . THE SALARY ADJUSTMENT METHOD SET UP BY THIS DECISION SHALL APPLY FOR 10 YEARS FROM 1 JULY 1981 .  2 . SIX MONTHS BEFORE THE END OF THE FIFTH YEAR AND NOTWITHSTANDING THE POSSIBLE APPLICATION OF THE PROVISIONS OF II ( 5 ) ABOVE , THE COMMISSION SHALL PRESENT A REPORT TO THE COUNCIL ON THE OPERATION OF THE METHOD , TOGETHER WITH AN APPROPRIATE PROPOSAL , NOTABLY AS REGARDS THE MANNER IN WHICH THE ECONOMIC AND SOCIAL SITUATION IS TO BE TAKEN INTO CONSIDERATION FROM THE SIXTH YEAR ONWARDS .


title: 2014/492/EU: Council Decision of 16 June 2014 on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part

text:
                  30.8.2014

                  EN

                  Official Journal of the European Union

                  L 260/1

         COUNCIL DECISION
         of 16 June 2014
         on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part

            (2014/492/EU)

         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on European Union, and in particular Article 37 and Article 31(1) thereof, in conjunction with Article 218(5) and the second subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union,
         Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217, in conjunction with Article 218(5) and the second subparagraph of Article 218(8) thereof, as well as Article 218(7) thereof,
         Having regard to the proposal from the European Commission,
         Whereas:

                     (1)

                     On 15 June 2009, the Council authorised the Commission to open negotiations with the Republic of Moldova for the conclusion of a new agreement between the Union and the Republic of Moldova to replace the partnership and cooperation agreement (1).

                     (2)

                     Taking into account the close historical relationship and progressively closer links between the Parties, as well as their desire to strengthen and widen relations in an ambitious and innovative way, the negotiations on the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (‘the Agreement’), were successfully finalised by the initialling of the Agreement on 29 November 2013.

                     (3)

                     The Agreement should be signed on behalf of the Union and applied in part before its entry into force, on a provisional basis in accordance with Article 464 of the Agreement, pending the completion of the procedures for its conclusion.

                     (4)

                     The provisional application of parts of the Agreement does not prejudge the allocation of competences between the Union and its Member States in accordance with the Treaties.

                     (5)

                     Pursuant to Article 218(7) of the Treaty on the Functioning of the European Union, it is appropriate for the Council to authorise the Commission to approve modifications to the Agreement to be adopted by the Association Committee in its Trade configuration, as set out in Article 438(4) of the Agreement, as proposed by the Geographical Indications Sub-Committee pursuant to Article 306 of the Agreement.

                     (6)

                     It is appropriate to set out the relevant procedures for the protection of geographical indications which are given protection pursuant to the Agreement.

                     (7)

                     The Agreement should not be construed as conferring rights or imposing obligations which can be directly invoked before Union or Member State courts and tribunals,

               HAS ADOPTED THIS DECISION:

            Article 1

               1.   The signing on behalf of the Union of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, is hereby authorised, subject to the conclusion of the said Agreement.

               2.   The text of the Agreement is attached to this Decision.

            Article 2
            The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.

            Article 3

               1.   Pending its entry into force, in accordance with Article 464 of the Agreement and subject to the notifications provided for therein, the following parts of the Agreement shall be applied provisionally between the Union and the Republic of Moldova, but only to the extent that they cover matters falling within the Union's competence, including matters falling withing the Union's competence to define and implement a common foreign and security policy:

                           (a)

                           Title I;

                           (b)

                           Title II: Articles 3, 4, 7 and 8;

                           (c)

                           Title III: Articles 12 and 15;

                           (d)

                           Title IV: Chapters 5, 9 and 12 (with the exception of point (h) of Article 68), Chapter 13 (with the exception of Article 71 to the extent that it concerns maritime governance and with the exception of points (b) and (e) of Article 73 and Article 74), Chapter 14 (with the exception of point (i) of Article 77), Chapter 15 (with the exception of points (a) and (e) of Article 81 and Article 82(2)), Chapter 16 (with the exception of Article 87, point (c) of Article 88 and points (a) and (b) of Article 89, to the extent that that point (b) concerns soil protection), Chapters 26 and 28, as well as Articles 30, 37, 46, 57, 97, 102 and 116;

                           (e)

                           Title V (with the exception of Article 278 to the extent that it concerns criminal enforcement of intellectual property rights, and with the exception of Articles 359 and 360 to the extent that they apply to administrative proceedings and review and appeal at Member State level);

                           (f)

                           Title VI;

                           (g)

                           Title VII (with the exception of Article 456(1), to the extent that the provisions of that Title are limited to the purpose of ensuring the provisional application of the Agreement as defined in this paragraph);

                           (h)

                           Annexes II to XIII, Annexes XV to XXXV, as well as Protocols I to IV.

               2.   The date from which the Agreement will be provisionally applied will be published in the Official Journal of the European Union by the General Secretariat of the Council.

            Article 4
            For the purposes of Article 306 of the Agreement, modifications of the Agreement through decisions of the Geographical Indications Sub-Committee shall be approved by the Commission on behalf of the Union. Where interested parties cannot reach agreement following objections relating to a geographical indication, the Commission shall adopt a position on the basis of the procedure laid down in Article 57(2) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (2).

            Article 5

               1.   A name protected under Sub-Section 3 ‘Geographical Indications’ of Chapter 9 of Title V of the Agreement may be used by any operator marketing agricultural products, foodstuffs, wines, aromatised wines or spirits conforming to the corresponding specification.

               2.   In accordance with Article 301 of the Agreement, the Member States and the institutions of the Union shall enforce the protection provided for in Articles 297 to 300 of the Agreement, including at the request of an interested party.

            Article 6
            The Agreement shall not be construed as conferring rights or imposing obligations which can be directly invoked before Union or Member State courts and tribunals.

            Article 7
            This Decision shall enter into force on the day following that of its adoption.

            Done at Luxembourg, 16 June 2014.

                  For the Council

                  The President

               G. KARASMANIS

            (1)  Partnership and Cooperation Agreement between the European Communities and their Member States and the Republic of Moldova (OJ L 181, 24.6.1998, p. 3).

            (2)  Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).


title: 2012/470/EU: Council Decision of 7 August 2012 extending the validity of Decision 2012/96/EU and suspending the application of the appropriate measures set out in Decision 2002/148/EC

text:
               10.8.2012

               EN

               Official Journal of the European Union

               L 213/13

         COUNCIL DECISION
   of 7 August 2012
   extending the validity of Decision 2012/96/EU and suspending the application of the appropriate measures set out in Decision 2002/148/EC
   (2012/470/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1) and as last revised in Ouagadougou, Burkina Faso, on 23 June 2010 (2), hereinafter referred to as ‘the Cotonou Agreement’, and in particular Article 96 thereof,
   Having regard to the Internal Agreement between the representatives of the governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the Cotonou Agreement (3), and in particular Article 3 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               By Decision 2002/148/EC (4), consultations with the Republic of Zimbabwe under Article 96(2)(c) of the Cotonou Agreement were concluded and appropriate measures, as specified in the Annex to that Decision, were taken. These measures have since been adapted and their period of application extended each year.

               (2)

               By Decision 2012/96/EU (5) the appropriate measures were adapted and their period of application extended for six months until 20 August 2012.

               (3)

               The Union recognises the creation of the Government of National Unity in Zimbabwe as an opportunity to re-establish a constructive relationship between the Union and Zimbabwe and to support the implementation of Zimbabwe’s reform programme.

               (4)

               By means of Council Decision 2012/97/CFSP of 17 February 2012 amending Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe (6), the Union took a significant decision to relax parallel CFSP sanctions on individuals with a view to encouraging further progress and thereby demonstrating its strong commitment to the Global Political Agreement process. The high level consultations held in Brussels with the Zimbabwe Ministerial re-engagement team in May 2012 constitute an important step forward in this re-engagement process.

               (5)

               The Union continues to support the ongoing efforts of the Government of National Unity in implementing the Global Political Agreement, and welcomes the progress made in Zimbabwe to stabilise the economy and restore social services. The Union also continues to support the facilitation efforts led by South Africa on behalf of the Southern African Development Community.

               (6)

               To demonstrate the Union’s continued commitment to the Global Political Agreement process, it is appropriate to extend the validity of Decision 2012/96/EU, while, however, suspending the application of the appropriate measures limiting cooperation under Article 96 of the Cotonou Agreement for a period of 12 months.

               (7)

               Should there be a deterioration of the state of democracy, human rights and the rule of law in Zimbabwe, the Union could re-impose these appropriate measures and/or other measures at any time,

         HAS ADOPTED THIS DECISION:
   Article 1
   The validity of Decision 2012/96/EU and of its appropriate measures is hereby extended until 20 August 2013. However, the application of the appropriate measures is hereby suspended.
   The appropriate measures shall be kept under constant review and shall be applied again if the situation in Zimbabwe is to seriously deteriorate. Such measures shall in any event be reviewed six months after the entry into force of this Decision.
   The letter annexed to this Decision shall be addressed to the President of Zimbabwe, Mr Mugabe, and copied to Prime Minister Tsvangirai and Mr Welshman Ncube.
   Article 2
   This Decision shall enter into force on the day of its adoption.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 7 August 2012.

            For the Council

            The President

         A. D. MAVROYIANNIS

      (1)  OJ L 317, 15.12.2000, p. 3.

      (2)  OJ L 287, 4.11.2010, p. 3.

      (3)  OJ L 317, 15.12.2000, p. 376.

      (4)  Council Decision of 18 February 2002 concluding consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement (OJ L 50, 21.2.2002, p. 64).

      (5)  Council Decision of 17 February 2012 adapting and extending the period of application of the appropriate measures first established by Decision 2002/148/EC concluding consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement (OJ L 47, 18.2.2012, p. 47).

      (6)  OJ L 47, 18.2.2012, p. 50.

      ANNEX

         LETTER TO THE PRESIDENT OF ZIMBABWE

      In a letter dated 19 February 2002, the European Union informed you of its decision to conclude the consultations held under Article 96 of the Cotonou Agreement and to take appropriate measures within the meaning of Article 96(2)(c) of that Agreement. In a letter dated 23 February 2012, the European Union informed you of its decision to further extend the period of application of those measures until 20 August 2012.
      The European Union is encouraged by the progress that is being made in implementing the Global Political Agreement by the Government of National Unity in Zimbabwe. The European Union reiterates the great importance it attaches to the political dialogue provided for in Article 8 of the Cotonou Agreement and which, at the request of the Government of Zimbabwe, was officially launched at the EU-Zimbabwe Ministerial Troika in June 2009 in Brussels. As agreed by both parties, the main objective of the Article 8 dialogue is to normalise EU-Zimbabwe relations along with the implementation of the reforms foreseen in the Global Political Agreement and to pave the way for peaceful and credible elections.
      The European Union welcomes the constructive dialogue that has been established in the process of EU re-engagement with all parties in the Government of National Unity, including through the meeting in May this year between High Representative Ashton and the members of the Zimbabwe Ministerial Re-engagement Committee. The European Union welcomes the continued commitment of SADC to support the implementation of the Global Political Agreement, as expressed at the recent extraordinary SADC Summit in Luanda.
      The steps taken by the Government of National Unity to improve the freedom and prosperity of the Zimbabwean people justify the immediate suspension of the measures hitherto applied under Article 96 of the Cotonou Agreement. This will allow the European Union to work directly with the Government of National Unity and to develop new assistance programmes for the benefit of the people of Zimbabwe under the next European Development Fund. In this context, and in line with efforts supporting Zimbabwe’s re-engagement with the international financial institutions and the signing of an interim Economic Partnership Agreement, the European Investment Bank also envisages to re-launch development activities with the private sector in Zimbabwe.
      The European Union welcomes the recent visit to Zimbabwe of the UN HCHR at the invitation of the Government of National Unity. The European Union attaches the utmost importance to the provisions of Article 9 of the Cotonou Agreement, since respect for human rights, democratic institutions and the rule of law constitutes the essential basis of EU-Zimbabwe relations and the European Union will continue to closely follow the situation in Zimbabwe. It recognises the improvement that has been achieved in the human rights situation although significant areas of concern remain.
      As indicated in February this year and consistent with its incremental approach, the European Union will further adjust its policy to recognise progress as it is made by the Zimbabwean parties along the SADC roadmap.
      The European Union reaffirms its partnership with the people of Zimbabwe. The present European Union decision to suspend the application of the appropriate measures and re-engage in further dialogue and cooperation with the Government of National Unity is intended to provide additional impetus in enhancing EU-Zimbabwe relations, with the aim of normalising bilateral relations. The European Union calls on all parties to seize the momentum to complete implementation of the Global Political Agreement.
      Yours faithfully,

               For the Council

            C. ASHTON

               For the Commission

            A. PIEBALGS


Avis juridique important

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31986D0589

86/589/EEC: Commission Decision of 26 November 1986 accepting undertakings given in connection with the anti-dumping proceeding concerning imports of potassium permanganate originating in Czechoslovakia, the German Democratic Republic and the People' s Republic of China and terminating the investigation

Official Journal L 339 , 02/12/1986 P. 0032

*****COMMISSION  DECISION  of 26 November 1986  accepting undertakings given in connection with the anti-dumping proceeding concerning imports of potassium permanganate originating in Czechoslovakia, the German Democratic Republic and the People's Republic of China and terminating the investigation  (86/589/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2176/84 of 23 July 1984 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 10 thereof,  After consultations within the Advisory Committee as provided for under the above Regulation,  Whereas:  A. Provisional Action  (1) The Commission, by Regulation (EEC) No 2495/86 (2) imposed a provisional anti-dumping duty on imports of potassium permangante originating in Czechoslovakia, the German Democratic Republic and the People's Republic of China.  B. Subsequent Procedure  (2) Following the imposition of the provisional anti-dumping duty, the exporters from Czechoslovakia, the German Democratic Republic and one Chinese exporter, Sinochem, and certain importers requested, and were granted, an opportunity to be heard by the Commission. In addition, certain exporters and importers made written submissions making known their views on the provisional findings and duties.  C. Dumping  (3) No new evidence on dumping has been received since the imposition of the provisional duty and the Commission therefore considers its findings on dumping as set out in Regulation (EEC) No 2495/86 to be definitive.  Consequently, the preliminary determinations on dumping are confirmed.  D. Injury  (4) No fresh evidence regarding injury to the Community industry has been submitted. The Commission has, therefore, confirmed the conclusions on injury reached in Regulation (EEC) No 2495/86.  E. Community Interest  (5) Community processing industries neither requested a hearing nor made any written submission after making known their views on the provisional findings and duties. The conclusions, therefore, on Community interest as set out in Regulation (EEC) No 2495/86 remain unchanged.  (6) The exporters that made themselves known in the course of the investigation were informed of the main findings of the investigation and commented on them. Undertakings were subsequently offered by Chemapol Foreign Trade Co. Ltd, Czechoslovakia, Chemie Export/Import, German Democratic Republic and China National Chemicals Import and Export Corporation (Sinochem), People's Republic of China, concerning their exports of potassium permanganate to the Community.  (7) The effect of the said undertakings will be to increase import prices to the Community to the level which the Commission, having taken into account, on the one hand, the selling price necessary to provide an adequate return to Community producers and, on the other hand, the purchase price of the Community importers and their costs  and profit margin considered necessary to eliminate injury. These increases in no case exceed the dumping margins found in the investigation. Moreover it appears that correct operation of the undertakings can be effectively monitored.  (8) In assessing the level of the undercutting price, the Commission took account of the fact that on 30 June 1986, the temporary suspension of the autonomous Common Customs Tariff duties on potassium permanganate originating in Czechoslovakia and the German Democratic Republic expired. As of 1 July 1986 imports of the product in question originating in the abovementioned countries is subject to import duties.  (9) In these circumstances, the undertakings offered are considered acceptable and the anti-dumping investigation oncerning the abovementioned exporters may, therefore, be terminated without imposition of a definitive anti-dumping duty. No objection to this course of action was raised in the Advisory Committee.  F. Other exporters - Collection of provisional duties  (10) By Council Regulation (EEC) No 3661/86 (1) a definitive anti-dumping duty was imposed on imports of potassium permanganate originating in the People's Republic of China exported by other firms than China National Chemicals Import and Export Corporation (Sinochem), and the amounts secured by way of provisional duty are definitively collected.  HAS DECIDED AS FOLLOWS:  Article 1  The undertakings given by Chemapol Foreign Trade Co. Ltd, Czechoslovakia, Chemie Export/Import, German Democratic Republic and China National Chemicals Import and Export Corporation (Sinochem), People's Republic of China in connection with the anti-dumping investigation concerning their exports of potassium permanganate falling within Common Customs Tariff subheading ex 28.47 C and corresponding to NIMEXE code 28.47-60 originating in Czechoslovakia, the German Democratic Republic and the People's Republic of China are hereby accepted.  Article 2  The anti-dumping investigation referred to in Article 1 is hereby terminated in respect of the exporters named in that Article.  Done at Brussels, 26 November 1986.  For the Commission  Willy DE CLERCQ  Member of the Commission  (1) OJ No L 201, 30. 7. 1984, p. 1.  (2) OJ No L 217, 5. 8. 1986, p. 12.  (1) See page 1 of this Official Journal.


title: 2008/401/EC,Euratom: Commission Decision of 30 April 2008 amending its Rules of Procedure as regards detailed rules for the application of Regulation (EC) No 1367/2006 of the European Parliament and of the Council on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institution and bodies

text:
               30.5.2008

               EN

               Official Journal of the European Union

               L 140/22

      COMMISSION DECISION

   of 30 April 2008
   amending its Rules of Procedure as regards detailed rules for the application of Regulation (EC) No 1367/2006 of the European Parliament and of the Council on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institution and bodies
   (2008/401/EC, Euratom)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 218(2) thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 131 thereof,
   Having regard to the Treaty on the European Union, and in particular Article 28(1) and Article 41(1) thereof,
   Whereas:

               (1)

               Regulation (EC) No 1367/2006 of the European Parliament and of the Council (1) makes provision for the application of the Aarhus Convention to Community institutions and bodies, as regards access to environmental information, public participation concerning plans and programmes relating to the environment and internal review and access to justice.

               (2)

               In accordance with Article 13 of Regulation (EC) No 1367/2006, where necessary, Community institutions and bodies shall adapt their rules of procedure to the provisions of that Regulation.

               (3)

               Pursuant to Article 7 of Regulation (EC) No 1367/2006, a Community institution or body receiving a request for access to environmental information which it does not hold must, within 15 working days at the latest, inform the applicant of the institution, body or public authority to which it believes the request can be submitted or transfer the request to the institution, body or public authority holding the requested information. There is no such provision in Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (2) or in the detailed rules for the application of this Regulation to the Commission laid down in its Rules of Procedure (3) as amended by Commission Decision 2001/937/EC, ECSC, Euratom (4). Consequently, a specific provision should be added to the Rules of Procedure as regards requests for access to environmental information which is not held by the Commission.

               (4)

               As concerns public participation, Article 9 of Regulation (EC) No 1367/2006 requires Community institutions and bodies to provide, through appropriate provisions, early and effective opportunities for the public to participate during the preparation, modification or review of plans and programmes relating to the environment when all options are still open. Modalities for such public participation are specified in paragraphs 3, 4 and 5 of that Article. For the Commission, provisions are laid down in a general way in its Communication ‘General principles and minimum standards for consultation of interested parties’ (5). These should be applied by all Commission departments as regards the preparation, modification or review of plans and programmes relating to the environment.

               (5)

               Title IV of Regulation (EC) No 1367/2006 sets out provisions on internal review of administrative acts and omissions, the implementation of which requires the adoption of detailed rules by the Commission.

               (6)

               In order to give effect to Article 1(2) of Regulation (EC) No 1367/2006, a practical guide should inform the public of their rights under that Regulation.

               (7)

               The Rules of Procedure should be amended accordingly.

               (8)

               Pursuant to Article 13 of Regulation (EC) No 1367/2006, this Decision should apply from 28 June 2007,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The text set out in the Annex to this Decision is added to the Rules of Procedure.
   Article 2
   Date of application
   This Decision shall apply from 28 June 2007.

      Done at Brussels, 30 April 2008.

            For the Commission

         Stavros DIMAS

            Member of the Commission

      (1)  OJ L 264, 25.9.2006, p. 13.

      (2)  OJ L 145, 31.5.2001, p. 43.

      (3)  OJ L 308, 8.12.2000, p. 26.

      (4)  OJ L 345, 29.12.2001, p. 94.

      (5)  COM(2002) 704 final of 11.12.2002.

      ANNEX
      Detailed rules for the application of Regulation (EC) No 1367/2006 of the European Parliament and of the Council on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies
      Article 1
      Access to environmental information
      The time-limit of 15 working days referred to in Article 7 of Regulation (EC) No 1367/2006 shall commence on the date of registration of the request by the responsible Commission department.
      Article 2
      Public participation
      For the purposes of implementing Article 9(1) of Regulation (EC) No 1367/2006 the Commission shall ensure public participation in accordance with the Communication ‘General principles and minimum standards for consultation of interested parties by the Commission’ (1).
      Article 3
      Requests for internal review
      Requests for internal review of an administrative act or relating to an administrative omission shall be sent by mail, fax or e-mail to the department responsible for the application of the provision on the basis of which the administrative act was adopted, or in respect of which the administrative omission is alleged.
      Contact details to that effect shall be made known to the public by all appropriate means.
      Where a request is sent to another department than that responsible for the review, that department shall forward the request to the one responsible.
      In any case, where the department responsible for the review is not Directorate-General ‘Environment’, it shall inform the latter of the request being made.
      Article 4
      Decisions concerning the admissibility of requests for internal review
      1.   As soon as the request for internal review is registered, an acknowledgement of receipt shall be sent to the non-governmental organisation author of the request, where appropriate by electronic means.
      2.   The Commission department concerned shall determine whether the non-governmental organisation is entitled to make a request for internal review in accordance with Commission Decision 2008/50/EC (2).
      3.   In accordance with Article 14 of the Rules of Procedure, the power to take decisions on the admissibility of a request for internal review is delegated to the Director-General or the head of department concerned.
      Decisions on the admissibility of the request shall cover any decisions on the entitlement, pursuant to paragraph 2 of this Article, of the non-governmental organisation author of the request, the timely submission of the request under the second subparagraph of Article 10(1) of Regulation (EC) No 1367/2006, and on the indication and substantiation of the grounds on which the request is made, as required in Article 1(2) and (3) of Decision 2008/50/EC.
      4.   Where the Director-General or the head of department referred to in paragraph 3 finds that the request for internal review is inadmissible in full or in part, the non-governmental organisation author of the request shall be informed in writing, if appropriate by electronic means, stating the reasons.
      Article 5
      Decisions concerning the substance of requests for internal review
      1.   Any decision whereby it is determined that the administrative act whose review is sought, or the alleged administrative omission, is in breach of environmental law shall be taken by the Commission.
      2.   In accordance with Article 13 of the Rules of Procedure, the Member of the Commission responsible for the application of the provisions on the basis of which the administrative act concerned was adopted or to which the alleged administrative omission relates shall be empowered to decide that the administrative act whose review is sought, or the alleged administrative omission, is not in breach of environmental law.
      Sub-delegation of powers conferred under the first subparagraph shall be prohibited.
      3.   The non-governmental organisation author of the request shall be informed of the outcome of the review in writing, if appropriate by electronic means, stating the reasons.
      Article 6
      Remedies
      All replies informing the non-governmental organisation that its request is either inadmissible, in full or part, or that the administrative act whose review is sought, or the alleged administrative omission, is not in breach of environmental law shall apprise the non-governmental organisation of the remedies open to it, namely instituting court proceedings against the Commission, or making a complaint to the Ombudsman, or both, under the conditions laid down in Articles 230 and 195 of the EC Treaty, respectively.
      Article 7
      Information of the public
      A practical guide shall provide to the public appropriate information about their rights under Regulation (EC) No 1367/2006.

         (1)  COM(2002) 704 final.

         (2)  OJ L 13, 16.1.2008, p. 24.


Avis juridique important

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31989D0376

89/376/EEC: Commission Decision of 19 June 1989 accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of video cassettes and video-tape reels originating in the Republic of Korea and Hong Kong and terminating the investigation

Official Journal L 174 , 22/06/1989 P. 0030 - 0030

*****COMMISSION  DECISION  of 19 June 1989  accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of video cassettes and video-tape reels originating in the Republic of Korea and Hong Kong and terminating the investigation  (89/376/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumping or subsidized imports from countries not members of the European Economic Community (1) and in particular Article 10 thereof,  After consultations within the Advisory Committee as provided for under the abovementioned Regulation;  Whereas:  By Regulation (EEC) No 4062/88 (2), the Commission imposed a provisional anti-dumping duty on imports of video cassettes and video-tape reels originating in the Republic of Korea and Hong Kong;  Wing Shing Cassette Mfg, Ltd was one Hong Kong exporter found to have dumped video cassettes in the Community in the reference period (January to November 1987) and to have caused injury to Community producers thereby. To that extent the Commission refers to Regulation (EEC) No 1768/89 (3);  The exporter has, after the imposition of the provisional anti-dumping duty, offered a price undertaking in accordance with Article 10 of Regulation (EEC) No 2423/88;  The Commission regards this undertaking as acceptable, considering that the effect of this undertaking will be to increase the prices of the products concerned to an extent sufficient to eliminate the margin of dumping found for this exporter;  In addition, the Hong Kong Government has offered its assistance in the monitoring of the price undertaking;  The Council has decided in Article 2 of Regulation (EEC) No 1768/89 on the collection of the amounts secured by way of provisional duty,  HAS DECIDED AS FOLLOWS:  Article 1  The undertaking offered by Wing Shing Cassette Mfg, Ltd, Hong Kong, in connection with anti-dumping proceeding concerning imports of video tape on reels or on cassettes falling within CN Code ex 8523 13 00 originating in the Republic of Korea or Hong Kong, is hereby accepted.  Article 2  The investigation in connection with the anti-dumping proceeding referred to in Article 1 is hereby terminated.  Done at Brussels, 19 June 1989.  For the Commission  Frans ANDRIESSEN  Vice-President  (1) OJ No L 209, 2. 8. 1988, p. 1.  (2) OJ No L 356, 24. 12. 1988, p. 47.  (3) See page 1 of this Official Journal.


Important legal notice

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E1998C0820(01)

Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) of Protocol 3 to the Surveillance and Court Agreement EFTA Surveillance Authority decision not to raise objections

Official Journal C 263 , 20/08/1998 P. 0005 - 0005

Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) of Protocol 3 to the Surveillance and Court Agreement EFTA Surveillance Authority decision not to raise objections (98/C 263/05)>TABLE>