Avis juridique important

|

31995D0001

95/1/EC, Euratom, ECSC: Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union

Official Journal L 001 , 01/01/1995 P. 0001 - 0219

DECISION OF THE COUNCIL OF THE EUROPEAN UNIONof 1 January 1995adjusting the instruments  concerning the accession of new Member States to the European Union(95/1/EC, Euratom, ECSC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty between the Kingdom of Belgium, the Kingdom of Denmark, the Federal  Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the  Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Portuguese  Republic, the United Kingdom of Great Britain and Northern Ireland (Member States of the European  Union) and the Kingdom of Norway, the Republic of Austria, the Republic of Finland, the Kingdom of  Sweden, concerning the accession of the Kingdom of Norway, the Republic of Austria, the Republic of  Finland and the Kingdom of Sweden to the European Union and in particular Article 2 thereof; Whereas the Kingdom of Norway has not deposited its instruments of ratification in due time and has  therefore not become a member of the European Union on 1 January 1995; Whereas adjustments to certain provisions listed in Article 2 referred to above have therefore  become indispensable; Whereas it is further necessary to adjust those provisions of the Act concerning the Conditions of  Accession and the Adjustments to the Treaties which refer expressly to Norway or to declare that  those provisions have lapsed; HAS DECIDED: Article 1 The following is substituted for Article 3 of the Treaty between the  Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic,  the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of  Luxembourg, the Kingdom of the Netherlands, the Portuguese Republic, the United Kingdom of Great  Britain and Northern Ireland (Member States of the European Union) and the Kingdom of Norway, the  Republic of Austria, the Republic of Finland, the Kingdom of Sweden, concerning the accession of  the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden  to the European Union: 'Article 3This Treaty, drawn up in a single original in the Danish, Dutch, English, Finnish,  French, German, Greek, Irish, Italian, Norwegian, Portuguese, Spanish and Swedish languages, the  Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian, Portuguese, Spanish and  Swedish texts all being equally authentic, shall be deposited in the archives of the Government of  the Italian Republic which will transmit a certified copy to each of the Governments of the other  signatory states.`Article 2 The following is substituted for the title of the Act concerning the  conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland  and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is  founded: 'Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and  the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is  founded`The Act referred to above is hereinafter also referred to as 'the Act of Accession`. Article 3 The following provisions of the Act of Accession have lapsed: Part Four, title II, Articles 32 to 68, Article 146 and Annexes III, IV, V, VII. Article 4 The following is substituted for Article 1, fifth indent of the Act of Accession: '-  the expression "new Member States" means the Republic of Austria, the Republic of Finland and  the Kingdom of Sweden.`Article 5 The following is substituted for Article 11 of the Act of  Accession: 'Article 11The following is substituted for Article 2 of the Act concerning the election of the  representatives of the European Parliament by direct universal suffrage, which is annexed to  Decision 76/787/ECSC, EEC, Euratom: "Article 2The number of representatives elected in each Member State is as follows: >TABLE>"`. Article 6 The following is substituted for Article 13 of the Act of Accession: 'Article 13The following is substituted for Article 28 of the ECSC Treaty: "Article 28When the Council is consulted by the Commission, it shall consider the matter without  necessarily taking a vote. The minutes of its proceedings shall be forwarded to the Commission. Wherever this Treaty requires that the assent of the Council be given, that assent shall be  considered to have been given if the proposal submitted by the Commission receives the approval: - of an absolute majority of the representatives of the Member States, including the votes of the  representatives of two Member States which each produce at least one tenth of the total value of  the coal and steel output of the Community, or- in the event of an equal division of votes and if  the Commission maintains its proposal after a second discussion, of the representatives of three  Member States which each produce at least one tenth of the total value of the coal and steel output  of the Community. Wherever this Treaty requires a unanimous decision or unanimous assent, such decision or assent  shall have been duly given if all the members of the Council vote in favour. However, for the  purposes of applying Articles 21, 32, 32a, 45b and 78h of this Treaty, and Article 16, the third  paragraph of Article 20, the fifth paragraph of Article 28 and Article 44 of the Protocol on the  Statute of the Court of Justice, abstention by members present in person or represented shall not  prevent the adoption by the Council of acts which require unanimity. Decisions of the Council, other than those for which a qualified majority or unanimity is required,  shall be taken by a vote of the majority of its members; this majority shall be considered to be  attained if it represents an absolute majority of the representatives of the Member States,  including the votes of the representatives of two Member States which each produce at least one  tenth of the total value of the coal and steel output of the Community. However, for the purpose of  applying Articles 45b, 78 and 78b of this Treaty which require a qualified majority, the votes of  the members of the Council are weighted as follows: >TABLE>For their adoption, acts shall require at least 62 votes in favour, cast by not  less than 10 members. Where a vote is taken, any member of the Council may act on behalf of not more than one other  member. The Council shall deal with the Member States through its President. The acts of the Council shall be published in such a manner as it may decide."  `. Article 7 The following is substituted for Article 14 of the Act of Accession: 'Article 14The following is substituted for the fourth paragraph of Article 95 of the ECSC  Treaty: "These amendments shall be proposed jointly by the Commission and the Council, acting by a twelve  fifteenths majority of its members, and shall be submitted to the Court for its opinion. In  considering them, the Court shall have full power to assess all points of fact and of law. If, as a  result of such consideration, it finds the proposal compatible with the provisions of the preceding  paragraph, they shall be forwarded to the European Parliament and shall enter into force if  approved by a majority of three-quarters of the votes cast and two-thirds of the members of the  European Parliament."  `. Article 8 The following is substituted for Article 15 of the Act of Accession: 'Article 151.  The following is substituted for Article 148 (2) of the EC Treaty and Article 118  (2) of the Euratom Treaty: "2.  Where the Council is required to act by a qualified majority, the votes of its members shall  be weighted as follows: >TABLE>For their adoption, acts of the Council shall require at least: - 62 votes in favour where this Treaty requires them to be adopted on a proposal from the  Commission, - 62 votes in favour, cast by at least 10 members, in other cases." 2.  The following is substituted for the second subparagraph of Article J.3 (2) of the EU Treaty: "Where the Council is required to act by a qualified majority pursuant to the preceding  subparagraph, the votes of its members shall be weighted in accordance with Article 148 (2) of the  Treaty establishing the European Community, and, for their adoption, acts of the Council shall  require at least 62 votes in favour, cast by at least 10 members." 3.  The following is substituted for the second subparagraph of Article K.4 (3) of the EU Treaty: "Where the Council is required to act by a qualified majority, the votes of its members shall be  weighted as laid down in Article 148 (2) of the Treaty establishing the European Community, and for  their adoption, acts of the Council shall require at least 62 votes in favour, cast by at least 10  members." 4.  The following is substituted for the first sentence of the second subparagraph of point 2 of  the Protocol on social policy annexed to the EC Treaty: "By way of derogation from Article 148 (2) of the Treaty, acts of the Council which are made  pursuant to this Protocol and which must be adopted by qualified majority shall be deemed adopted  if they have received at least 52 votes in favour."  `. Article 9 The following is substituted for Article 16 of the Act of Accession: 'Article 16The following is substituted for the first subparagraph of Article 9 (1) of the ECSC  Treaty, the first subparagraph of Article 157 (1) of the EC Treaty and the first subparagraph of  Article 126 (1) of the Euratom Treaty: "1.  The Commission shall consist of 20 members, who shall be chosen on the grounds of their  general competence and whose independence is beyond doubt."  `. Article 10 The following is substituted for Article 17 of the Act of Accession: 'Article 171.  The following is substituted for the first paragraph of Article 32 of the ECSC  Treaty, the first paragraph of Article 165 of the EC Treaty and the first paragraph of Article 137  of the Euratom Treaty: "The Court of Justice shall consist of 15 judges." 2.  The following is substituted for the first paragraph of Article 2 of Council Decision  (88/591/ECSC/EEC/Euratom): "The Court of First Instance shall consist of 15 judges."  `. Article 11 The following is substituted for Article 20 of the Act of Accession. 'Article 20The following is substituted for the first paragraph of Article 32a of the ECSC Treaty,  the first paragraph of Article 166 of the EC Treaty and the first paragraph of Article 138 of the  Euratom Treaty. "The Court of Justice shall be assisted by eight Advocates-General. However, a ninth  Advocate-General shall be appointed as from the date of accession until 6 October 2000."  `. Article 12 The following is substituted for Article 21 of the Act of Accession: 'Article 21The following is substituted for the second and third paragraphs of Article 32b of the  ECSC Treaty, the second and third paragraphs of Article 167 of the EC Treaty and the second and  third paragraphs of Article 139 of the Euratom Treaty: "Every three years there shall be a partial replacement of the Judges. Eight and seven Judges shall  be replaced alternately; Every three years there shall be a partial replacement of the Advocates-General. Four  Advocates-General shall be replaced on each occasion."  `. Article 13 The following is substituted for Article 22 of the Act of Accession: 'Article 22The following is substituted for Article 45b (1) of the ECSC Treaty, Article 188b (1)  of the EC Treaty and Article 160b (1) of the Euratom Treaty: "1.  The Court of Auditors shall consist of 15 members."  `. Article 14 The following is substituted for Article 23 of the Act of Accession: 'Article 23The following is substituted for the first paragraph of Article 194 of the EC Treaty  and the first paragraph of Article 166 of the Euratom Treaty: "The number of members of the Economic and Social Committee shall be as follows: >TABLE>"`. Article 15 The following is substituted for Article 24 of the Act of Accession: 'Article 24The following is substituted for the second paragraph of Article 198a of the EC  Treaty: "The number of members of the Committee of the Regions shall be as follows: >TABLE>"`. Article 16 The following is substituted for Article 25 of the Act of Accession: 'Article 25The following is substituted for the first paragraph of Article 18 of the ECSC Treaty: "A Consultative Committee shall be attached to the Commission. It shall consist of not less than 84  and not more than 108 members and shall comprise equal numbers of producers, of workers and of  consumers and dealers."  `. Article 17 The following is substituted for Article 26 of the Act of Accession: 'Article 26The following is substituted for the first subparagraph of Article 134 (2) of the  Euratom Treaty: "The Committee shall consist of 38 members, appointed by the Council after consultation with the  Commission."  `. Article 18 The following is substituted for Article 27 of the Act of Accession: 'Article 27The following is substituted for Article 227 (1) of the EC Treaty: "This Treaty shall apply to the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of  Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian  Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria,  the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of  Great Britain and Northern Ireland."  `. Article 19 The following is substituted for Article 28 of the Act of Accession: 'Article 28The following shall be inserted in Article 227 (5) of the EC Treaty as paragraph (d),  in Article 79 of the ECSC Treaty as paragraph (d) and in Article 198 of the Euratom Treaty as  paragraph (e): "This Treaty shall not apply to the AAland islands. The Government of Finland may, however, give  notice, by a declaration deposited when ratifying this Treaty with the Government of the Italian  Republic, that the Treaty shall apply to the AAland islands in accordance with the provisions set  out in Protocol No 2 to the Act concerning the conditions of accession of the Republic of Austria,  the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the  European Union is founded. The Government of the Italian Republic shall transmit a certified copy  of any such declaration to the Member States."  `. Article 20 The following is substituted for the first indent of Articles 77, 103 and 129 of the  Act of Accession: '- the Agreements concluded with Andorra, Algeria, Bulgaria, the former Czech and Slovak Federal  Republic and its successor states (the Czech Republic and the Slovak Republic), Cyprus, Egypt,  Hungary, Iceland, Israel, Jordan, Lebanon, Malta, Morocco, Norway, Poland, Romania, Slovenia,  Switzerland, Syria, Tunisia and Turkey and to other Agreements concluded with third countries and  concerning exclusively trade in the products listed in Annex II to the EC Treaty;`Article 21 The  following is substituted for Article 120, first subparagraph, of the Act of Accession: 'As from the date of accession and until the date of application of the Community fishing permit  system, Swedish vessels shall be authorized to fish in the waters falling under the sovereignty or  within the jurisdiction of Finland under conditions identical to those applicable immediately  before the entry into force of the Accession Treaty.`Article 22 The following is substituted for  Article 121 (1) of the Act of Accession: '1.  The share of Community fishing opportunities for stocks which are regulated by a catch limit,  to be allocated to Sweden shall be fixed as follows, by species and by zone: >TABLE>`Article 23 The following is substituted for Article 137 (3) of the Act of  Accession: '3.  Subject to the special provisions of this title with regard to different dates or time limits,  transitional measures for the agricultural products referred to in paragraph 1 shall cease to apply  by the end of the fifth year following the accession of Austria and Finland. These measures shall  nevertheless take full account, for each product, of the total production during the year 1999.`. Article 24 The following is substituted for Article 138 (1) of the Act of Accession: '1.  During the transitional period, subject to authorization by the Commission, Austria and  Finland may grant, in an appropriate form, transitional and degressive national aids to producers  of basic agricultural products subject to the common agricultural policy. These aids may be the subject of differentiation in particular by region.`. Article 25 The following is substituted for Article 139 (1) of the Act of Accession: '1.  The Commission shall authorize Austria and Finland to maintain aids which are not linked to a  particular production and which, for this reason, are not taken into consideration for the purpose  of calculating the amount of support under Article 138 (3). In particular, aids to holdings shall  be authorized under this heading.`. Article 26 The following is substituted for Article 140 of the Act of Accession: 'Article 140The Commission shall authorize Austria and Finland to grant the transitional national  aids provided for in Annex XIV up to the limits and under the conditions provided for therein. In  its authorization, the Commission shall lay down the initial level of the aids, to the extent that  it does not result from the conditions provided for by the Annex, and the rate at which they  decrease.`. Article 27 The following is substituted for Article 141 of the Act of Accession: 'Article 141Where there are serious difficulties resulting from accession which remain after full  utilization of the provisions of Articles 138, 139, 140 and 142, and of the other measures  resulting from the rules existing in the Community, the Commission may authorize Finland to grant  national aids to producers so as to facilitate their full integration into the common agricultural  policy.`. Article 28 The following is substituted for Article 142 (1) of the Act of Accession: '1.  The Commission shall authorize Finland and Sweden to grant long-term national aids with a view  to ensuring that agricultural activity is maintained in specific regions. These regions should  cover the agricultural areas situated to the north of the 62nd Parallel and some adjacent areas  south of that parallel affected by comparable climatic conditions rendering agricultural activity  particularly difficult.`. Article 29 The following is substituted for Article 147 of the Act of Accession: 'Article 147In the agricultural sector where trade between one or more new Member States and the  Community as constituted on 31 December 1994, or trade between the new Member States themselves,  causes serious disturbances on the market of Austria or Finland before 1 January 2000, the  Commission acting at the request of the Member State concerned, shall decide, within 24 hours of  receiving such a request, on such protective measures as it considers necessary. The measures thus  decided on shall be applicable forthwith, shall take account of the interest of all parties  concerned and shall not entail frontier controls.`. Article 30 The following is substituted for Article 156 (1) of the Act of Accession: '1.  Upon accession, the Commission shall be enlarged by the appointment of three supplementary  members. The term of office of the members appointed shall expire at the same time as that of the  members holding office on the date of accession.`. Article 31 The following is substituted for Article 157 (1) to (4) of the Act of Accession. '1.  Upon accession, three judges shall be appointed to the Court of Justice and three judges shall  be appointed to the Court of First Instance. 2. (a) The term of office of one of the judges of the Court of Justice appointed in accordance with  paragraph 1 shall expire on 6 October 1997. That judge shall be chosen by lot. The term of office  of the other two judges shall expire on 6 October 2000; (b) the term of office of one of the judges of the Court of First Instance appointed in accordance  with paragraph 1 shall expire on 31 August 1995. That judge shall be chosen by lot. The term of  office of the other two judges shall expire on 31 August 1998. 3.  Upon accession three additional advocates-general shall be appointed; 4.  The term of office of one of the three advocates-general appointed in accordance with paragraph  3 shall expire on 6 October 1997. The term of office of the other advocates-general shall expire on  6 October 2000.`Article 32 The following is substituted for Article 158 of the Act concerning of  Accession: 'Article 158Upon accession, the Court of Auditors shall be enlarged by the appointment of three  additional members. The term of office of one of the members thus appointed shall expire on 20  December 1995. That member shall be chosen by lot. The term of office of the other members shall  expire on 9 February 2000.`Article 33 The following is substituted for Article 159 of the Act of  Accession: 'Article 159Upon accession, the Economic and Social Committee shall be enlarged by the appointment  of 33 members representing the various categories of economic and social activity in the new Member  States. The terms of office of the members thus appointed shall expire at the same time as those of  the members in office at the time of accession.`Article 34 The following is substituted for  Article 160 of the Act of Accession: 'Article 160Upon accession, the Committee of the Regions shall be enlarged by the appointment of  33 members representing regional and local bodies in the new Member States. The terms of office of  the members thus appointed shall expire at the same time as those of the members in office at the  time of accession.`Article 35 The following is substituted for Article 161 of the Act of  Accession: 'Article 161Upon accession, the Consultative Committee of the European Coal and Steel Community  shall be enlarged by the appointment of twelve additional members. Four members shall be appointed  each for Austria, Finland and Sweden. The terms of office of the members thus appointed shall  expire at the same time as those of the members in office at the time of accession.`Article 36  The following is substituted for Article 162 of the Act of Accession: 'Article 162Upon accession, the Scientific and Technical Committee shall be enlarged by the  appointment of five additional members. Two members shall be appointed each for Austria and Sweden,  and one member for Finland. The terms of office of the members thus appointed shall expire at the  same time as those of the members in office at the time of accession.`Article 37 The following  is substituted for Article 170 of the Act of Accession: 'Article 170The texts of the acts of the institutions adopted before accession and drawn up by the  Council or the Commission in the Finnish and Swedish languages shall, from the date of accession,  be authentic under the same conditions as the texts drawn up in the present nine languages. They  shall be published in the Official Journal of the European Communities if the texts in the present  languages were so published.`Article 38 The following is substituted for Article 176 second  subparagraph of the Act of Accession: 'The texts of those Treaties, drawn up in the Finnish and Swedish languages, shall be annexed to  this Act. Those texts shall be authentic, under the same conditions as the texts of the Treaties  referred to in the first paragraph, drawn up in the present nine languages.`Article 39 Annex I  to the Act of Accession is replaced by the Annex to this Decision. Article 40 In Annexes XIII and XIV of the Act of Accession, the sections concerning Norway have  lapsed. Article 41 In Annexes II, VI, XV and XVIII of the Act of Accession, the provisions, references,  periods and dates concerning the Kingdom of Norway have lapsed. Article 42 The following is substituted for Article 1 of the Protocol No 1 annexed to the Act of  Accession: 'Article 1The following is substituted for Article 3 of the Protocol on the Statute of the Bank: "Article 3In accordance with Article 198d of this Treaty, the following shall be members of the  Bank: - the Kingdom of Belgium, - the Kingdom of Denmark, - the Federal Republic of Germany, - the Hellenic Republic, - the Kingdom of Spain, - the French Republic, - Ireland, - the Italian Republic, - the Grand Duchy of Luxembourg, - the Kingdom of the Netherlands, - the Republic of Austria, - the Portuguese Republic, - the Republic of Finland, - the Kingdom of Sweden, - the United Kingdom of Great Britain and Northern Ireland."  `. Article 43 The following is substituted for Article 2 of Protocol No 1 annexed to the Act of  Accession: 'Article 2The following is substituted for the first subparagraph of Article 4 (1) of the Protocol  on the Statute of the Bank: "1.  The capital of the Bank shall be ECU  62  013 million, subscribed by the Member States as  follows: >TABLE>"`. Article 44 The following is substituted for Article 4 of Protocol No 1 annexed to the Act of  Accession: 'Article 4The following is substituted for the first three subparagraphs of Article 11 (2) of the  Protocol on the Statute of the Bank: "2.  The Board of Directors shall consist of 25 Directors and 13 alternates. The Directors shall be appointed by the Board of Governors for five years as shown below: - three Directors nominated by the Federal Republic of Germany, - three Directors nominated by the French Republic, - three Directors nominated by the Italian Republic, - three Directors nominated by the United Kingdom of Great Britain and Northern Ireland, - two Directors nominated by the Kingdom of Spain, - one Director nominated by the Kingdom of Belgium, - one Director nominated by the Kingdom of Denmark, - one Director nominated by the Hellenic Republic, - one Director nominated by Ireland, - one Director nominated by the Grand Duchy of Luxembourg, - one Director nominated by the Kingdom of the Netherlands, - one Director nominated by the Republic of Austria, - one Director nominated by the Portuguese Republic, - one Director nominated by the Republic of Finland, - one Director nominated by the Kingdom of Sweden, - one Director nominated by the Commission. The alternates shall be appointed by the Board of Governors for five years as shown below: - two alternates nominated by the Federal Republic of Germany, - two alternates nominated by the French Republic, - two alternates nominated by the Italian Republic, - two alternates nominated by the United Kingdom of Great Britain and Northern Ireland, - one alternate nominated by common accord of the Kingdom of Spain and the Portuguese Republic, - one alternate nominated by common accord of the Benelux countries, - one alternate nominated by common accord of the Kingdom of Denmark, the Hellenic Republic and  Ireland, - one alternate nominated by common accord of the Republic of Austria, the Republic of Finland and  the Kingdom of Sweden, - one alternate nominated by the Commission."  `. Article 45 The following is substituted for Article 5 of Protocol No 1 annexed to the Act of  Accession: 'Article 5The following sentence is substituted for the second sentence of Article 12 (2) of the  Protocol on the Statute of the Bank: "A qualified majority shall require 17 votes in favour."  `. Article 46 The following is substituted for Article 6 of Protocol No 1 annexed to the Act of  Accession: 'Article 61.  The new Member States shall pay the following sums as their share of the capital  paid up by the Member States as of 1 January 1995: >TABLE>These contributions shall be paid in five equal six-monthly instalments falling  due on 30 April and 31 October. The first instalment shall be payable on whichever of these two  dates next follows the date of accession. 2.  With regard to the part remaining to the paid up, on the date of accession, under the increase  in capital decided on 11 June 1990, the new Member States shall participate with the following  amounts: >TABLE>These amounts shall be paid in eight equal six-monthly instalments falling due on  the dates laid down for this increase in capital, starting on 30 April 1995.`Article 47 The  following is substituted for Article 7 of Protocol No 1 annexed to the Act of Accession: 'Article 7The new Member States shall, in five equal six-monthly instalments falling due on the  dates indicated in Article 6 (1), contribute towards the reserve fund, the additional reserves and  those provisions equivalent to reserves, and to the amount still to be appropriated to the reserves  and provisions corresponding to the balance of the profit and loss account, as at 31 December of  the year prior to accession, as stated in the Bank's approved balance sheet, the amounts  corresponding to the following percentages of the reserves and provisions: >TABLE>`. Article 48 The following is substituted for Article 9 (1) of Protocol No 1 annexed to the Act of  Accession: '1.  Upon accession, the Board of Governors shall increase the membership of the Board of Directors  by appointing three Directors, one being nominated by each of the new Member States, together with  one alternate, nominated by common accord of the Republic of Austria, the Republic of Finland, and  the Kingdom of Sweden.`. Article 49 The following is substituted for Protocol No 3 annexed to the Act of Accession: 'Protocol No 3on the Sami peopleTHE HIGH CONTRACTING PARTIES, RECOGNIZING the obligations and commitments of Sweden and Finland with regard to the Sami people  under national and international law, NOTING, in particular, that Sweden and Finland are committed to preserving and developing the means  of livelihood, language, culture and way of life of the Sami people, CONSIDERING the dependence of traditional Sami culture and livelihood on primary economic  activities, such as reindeer husbandry in the traditional areas of Sami settlement, HAVE AGREED on the following provisions, Article 1Notwithstanding the provisions of the EC Treaty, exclusive rights to reindeer husbandry  within traditional Sami areas may be granted to the Sami people. Article 2This Protocol may be extended to take account of any further development of exclusive  Sami rights linked to their traditional means of livelihood. The Council may, acting unanimously on  a proposal from the Commission, and after consulting the European Parliament and the Committee of  Regions, adopt the necessary amendments to the Protocol.`. Article 50 The provisions of Protocol No 4 annexed to the Act of Accession have lapsed. Article 51 The following is substituted for Protocol No 5 annexed to the Act of Accession: 'Protocol No 5on the participation of the new Member States in the funds of the European Coal and  Steel CommunityThe contribution of the new Member States to the funds of the European Coal and  Steel Community shall be fixed as follows: >TABLE>These contributions shall be paid in two equal interest-free instalments, the  first on 1 January 1995 and the second on 1 January 1996.`Article 52 The following is  substituted for Protocol No 6 annexed to the Act of Accession: 'Protocol No 6on special provisions for Objective 6 in the framework of the Structural Funds in  Finland and SwedenTHE HIGH CONTRACTING PARTIES, Having regard to requests by Finland and Sweden for special Structural Fund support for their least  densely populated regions, Whereas the Union has proposed a new complementary priority Objective 6, Whereas this transitional arrangement will also be re-evaluated and revised simultaneously with the  main framework Regulation (EEC) No 2081/93 on structural instruments and policies in 1999, Whereas the criteria and the list of regions eligible for this new Objective have to be decided  upon, Whereas additional resources will be made available for this new Objective, Whereas the procedures applying to this new Objective have to be defined, HAVE AGREED AS FOLLOWS: Article 1Until 31 December 1999, the Structural Funds, the Financial Instrument for Fisheries  Guidance (FIFG) and the European Investment Bank (EIB) shall each contribute in an appropriate  fashion to a further priority Objective in addition to the five referred to in Article 1 of Council  Regulation (EEC) No 2052/88, as amended by Council Regulation (EEC) No 2081/93, which Objective  shall be: - to promote the development and structural adjustment of regions with an extremely low population  density (hereinafter referred to as "Objective 6"). Article 2Areas covered by Objective 6 shall in principle represent or belong to regions at NUTS  level II with a population density of 8 persons per km² or less. In addition, Community assistance  may, subject to the requirement of concentration, also extend to adjacent and contiguous smaller  areas fulfilling the same population density criterion. Such regions and areas, referred to in this Protocol as "regions" covered by Objective 6, are  listed in Annex I. Article 3For the period 1995 to 1999 the sum of ECU 741 million, at 1995 prices, shall be  considered the appropriate amount of Community resources to be committed by the Structural Funds  and the FIFG in the regions covered by Objective 6 listed in Annex 1. Annex 2 sets out the  breakdown of resources by year and Member State. Those resources shall be in addition to the funds  already scheduled for payment from the Structural Funds and the FIFG pursuant to Council Regulation  (EEC) No 2052/88, as amended by Council Regulation (EEC) No 2081/93. Article 4Subject to Articles 1, 2 and 3 above, the provisions of the undernoted Regulations, in  particular the provisions applying to Objective 1, shall apply to Objective 6: - Council Regulation (EEC) No 2080/93, - Council Regulations (EEC) Nos 2052/88, 4253/88, 4254/88, 4255/88 and 4256/88, as amended by  Council Regulations (EEC) Nos 2081/93, 2082/93, 2083/93, 2084/93 and 2085/93. Article 5The provisions of this Protocol, including the eligibility of the regions listed in Annex  1 for assistance from the Structural Funds, shall be re-examined in 1999 simultaneously with the  framework Regulation (EEC) No 2081/93 on structural instruments and policies and in accordance with  the procedures laid down in that Regulation. ANNEX 1Regions covered by Objective 6Finland: The northern and eastern NUTS level II regions made up of the "Maakunta" (NUTS level III region) of  Lappi and the three "Maakunnat" of Kainuu, Pohjois-Karjala and Etelae-Savo and including the  following adjacent areas: - in the "Maakunta" of Pohjois-Pohjanmaa: the "Seutukunnat" of Ii, Pyhaentae, Kuusamo and Nivala- in  the "Maakunta" of Pohjois-Savo: the "Seutukunta" of Nilsiae- in the "Maakunta" of Keski-Suomi: the  "Seutukunnat" of Saarijaervi and Viitsaari- in the "Maakunta" of Keski-Pohjanmaa: the "Seutukunta"  of Kaustinen. Sweden: The NUTS level II region of northern Sweden made up of the "laen" (NUTS level III region) of  Norrbotten, Vaesterbotten and Jaemtland, excluding the following areas: - in Norrbotten: the "kommun" of Luleaa, the "foersamling" of OEverluleaa in the "kommun" of Boden and  the "kommun" of Piteaa (except the "folkbokfoeringsdistrikt" of Markbygden)- in Vaesterbotten: the  "kommuner" of Nordmaling, Robertsfors, Vaennaes and Umeaa and the "foersamlingar" of Boliden, Bureaa,  Burtraesk, Byske, Kaagedalen, Loevaanger, Sankt Olov, Sankt OErjan and Skellefteaa in the "kommun" of  Skellefteaabut including the following adjacent areas: - in the "laen" of Vaesternorrland: the "kommuner" of AAnge and Sollefteaa, the "foersamlingar" of Holm  and Liden in the "kommun" of Sundsvall, and the "foersamlingar" of Anundsjoe, Bjoerna, Skorped and  Trehoerningsjoe in the "kommun" of OErnskoeldsvik- in the "laen" of Gaevleborg: the "kommun" of  Ljusdal- in the "laen" of Kopparberg: the "kommuner" of AElvdalen, Vansbro, Orsa and Malung and the  "foersamlingar" of Venjan and Vaamhus in the "kommun" of Mora- in the "laen" of Vaermland: the  "kommun" of Torsby. The references to NUTS in this Annex do not prejudge the final definitions of NUTS levels in the  abovementioned regions and areas. ANNEX 2Indicative commitment appropriations for Objective 6>TABLE>These figures  include, in addition to appropriations allocated to Objectives 3, 4 and 5a, where relevant,  commitment appropriations for pilot projects, innovative actions, studies and Community initiatives  under Articles 3 and 12 (5) of Council Regulation (EEC) No 2052/88, as amended by Council  Regulation (EEC) No 2081/93.`Article 53 The provisions of Protocol No 7 annexed to the Act of  Accession have lapsed. Article 54 The reference to Norway in Annex 4 of Protocol No 9 has lapsed. Article 55 This Decision, drawn up in the Danish, Dutch, English, Finnish, French, German, Greek,  Irish, Italian, Portuguese, Spanish and Swedish languages, all twelve texts being equally  authentic, shall enter into force on 1 January 1995. Article 56 This Decision shall be published in the Official Journal of the European Communities. Done at Brussels, 1 January 1995. For the CouncilThe PresidentA. JUPPÉ


Avis juridique important

|

32003D0399

2003/399/EC: Council Decision of 6 May 2003 on the designation of the European Capital of Culture 2006

Official Journal L 139 , 06/06/2003 P. 0032 - 0032

Council Decisionof 6 May 2003on the designation of the European Capital of Culture 2006(2003/399/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Decision No 1419/1999/EC of the European Parliament and of the Council of 25 May 1999 establishing a Community action for the European Capital of Culture event for the years 2005 to 2019(1), and in particular Article 2(3) thereof,Having regard to the Selection Panel report received by the European Parliament, the Council and the Commission on 1 October 2002,HAS DECIDED AS FOLLOWS:Article 1The City of Patras shall be designated as the European Capital of Culture 2006.Article 2The City of Patras shall take all necessary measures to ensure the effective implementation of Articles 1 and 5 of Decision No 1419/1999/EC.Done at Brussels, 6 May 2003.For the CouncilThe PresidentP. Efthymiou(1) OJ L 166, 1.7.1999, p. 1.


title: Council Decision of 27 November 2008 appointing three members of the Management Board of the European Chemicals Agency

text:
               16.12.2008

               EN

               Official Journal of the European Union

               C 320/4

      COUNCIL DECISION

   of 27 November 2008
   appointing three members of the Management Board of the European Chemicals Agency
   (2008/C 320/02)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency (1), and in particular Article 79 thereof,
   Whereas:

               (1)

               Article 79 of Regulation (EC) No 1907/2006 provides that the Council should appoint as Members of the Management Board of the European Chemicals Agency one representative from each Member State.

               (2)

               By Decision of 7 June 2007 (2), the Council appointed 27 members of the Management Board of the European Chemicals Agency.

               (3)

               The Finnish Government has informed the Council of its intention to replace the Finnish representative on the Management Board and has submitted a nomination for a new representative, who should be appointed for a period which runs until 31 May 2013.

               (4)

               The Latvian Government has informed the Council of its intention to replace the Latvian representative on the Management Board and has submitted a nomination for a new representative, who should be appointed for a period which runs until 31 May 2011.

               (5)

               The Portuguese Government has informed the Council of its intention to replace the Portuguese representative on the Management Board and has submitted a nomination for a new representative, who should be appointed for a period which runs until 31 May 2011,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Ms Pirkko KIVELÄ of Finnish nationality, born on 23 October 1953, shall be appointed member of the Management Board of the European Chemicals Agency in place of Mr Jukka MALM for the period from 17 December 2008 to 31 May 2013.
   Article 2
   Mr Armands PLĀTE of Latvian nationality, born on 27 February 1962, shall be appointed member of the Management Board of the European Chemicals Agency in place of Ms Ilze KIRSTUKA for the period from 17 December 2008 to 31 May 2011.
   Article 3
   Ms Maria Fernanda SANTIAGO of Portuguese nationality, born on 28 January 1948, shall be appointed member of the Management Board of the European Chemicals Agency in place of Mr António Nuno FERNANDES GONÇALVES HENRIQUES for the period from 17 December 2008 to 31 May 2011.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 27 November 2008.

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

      (2)  OJ C 134, 16.6.2007, p. 6.


title: Council Decision (EU) 2016/572 of 11 April 2016 appointing an alternate member, proposed by the Kingdom of Spain of the Committee of the Regions

text:
               13.4.2016

               EN

               Official Journal of the European Union

               L 97/11

         COUNCIL DECISION (EU) 2016/572
   of 11 April 2016
   appointing an alternate member, proposed by the Kingdom of Spain of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Spanish Government,
   Whereas:

               (1)

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

               (2)

               An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Ms María Sol CALZADO GARCÍA,

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

               —

               Sr. D. Ángel Luis SÁNCHEZ MUÑOZ, Secretario General de Acción Exterior, Junta de Andalucía.

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

      Done at Luxembourg, 11 April 2016.

            For the Council

            The President

         M.H.P. VAN DAM

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

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

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


title: 2005/3/EC: Commission Decision of 3 January 2005 accepting an undertaking offered in connection with the anti-circumvention investigation concerning anti-dumping measures imposed by Council Regulation (EC) No 769/2002 on imports of coumarin originating in the People’s Republic of China by imports of coumarin consigned from India or Thailand, whether declared as originating in India or Thailand or not

text:
               4.1.2005

               EN

               Official Journal of the European Union

               L 1/15

      COMMISSION DECISION

   of 3 January 2005
   accepting an undertaking offered in connection with the anti-circumvention investigation concerning anti-dumping measures imposed by Council Regulation (EC) No 769/2002 on imports of coumarin originating in the People’s Republic of China by imports of coumarin consigned from India or Thailand, whether declared as originating in India or Thailand or not
   (2005/3/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) (the basic Regulation), and in particular Article 8 thereof,
   After consulting the Advisory Committee,
   Whereas:
   A.   PROCEDURE

               (1)

               Following an expiry review, by Regulation (EC) No 769/2002 (2) (the original Regulation), the Council imposed a definitive anti-dumping duty of EUR 3 479 per tonne on imports of coumarin, falling within CN code ex 2932 21 00 originating in the People’s Republic of China (PRC).

               (2)

               On 24 February 2004, the Commission received a request pursuant to Article 13(3) of the basic Regulation to investigate the alleged circumvention of the anti-dumping measures imposed on imports of coumarin originating in the PRC (the request). The request was submitted by the European Chemical Industry Council (CEFIC) (the applicant) on behalf of the sole producer in the Community. The request contained sufficient prima facie evidence to warrant the initiation of an investigation.

               (3)

               The Commission initiated an investigation by Regulation (EC) No 661/2004 (3) (the initiating Regulation) into the alleged circumvention of the anti-dumping measures imposed on imports of coumarin originating in the PRC by imports of coumarin consigned from India or Thailand, whether declared as originating in India or Thailand or not.

               (4)

               As a result of the investigation, the Council, by Regulation (EC) No 2272/2004 (4), extended the anti-dumping duty imposed on imports of coumarin originating in the People’s Republic of China to imports of coumarin consigned from India or Thailand, whether declared as originating in India or Thailand or not.

         B.   UNDERTAKING

               (5)

               Atlas Fine Chemicals Pvt. Ltd, a cooperating exporting producer in India, has offered an undertaking in accordance with Article 8(1) of the basic Regulation. In that undertaking, the exporting producer has offered to sell to the Community coumarin which it genuinely produces in India up to a quantitative ceiling corresponding to the quantity of coumarin genuinely produced in India and sold to the Community during the period between 1 April 2003 and 31 March 2004.

               (6)

               The company will also provide the Commission with regular and detailed information concerning its exports to the Community, meaning that the undertaking can be monitored effectively by the Commission. Furthermore, the sales structure of this company is such that the Commission considers the risk of circumventing the agreed undertaking is limited.

               (7)

               The undertaking offer ensures that only genuinely produced coumarin in India will be exported to the Community. In view of the above, the undertaking is considered to prevent circumvention and therefore it is acceptable.

               (8)

               In order to enable the Commission to monitor effectively the company’s compliance with the undertaking, when the request for release for free circulation pursuant to the undertaking is presented to the relevant customs authority, exemption from the duty will be conditional upon the presentation of an invoice containing at least the items of information listed in the Annex to Regulation (EC) No 2272/2004. This level of information is also necessary to enable customs authorities to ascertain with sufficient precision that the shipment corresponds to the commercial documents. Where no such invoice is presented, or where it does not correspond to the product presented to customs, the appropriate rate of anti-dumping duty will instead be payable.

               (9)

               In the event of a breach or withdrawal of the undertaking, an anti-dumping duty may be imposed pursuant to Article 8(9) and (10) of the basic Regulation,

         HAS ADOPTED THIS DECISION:
   Article 1
   The undertaking offered by the producer mentioned below, in connection with the investigation into the alleged circumvention of the anti-dumping measures on imports of coumarin originating in the People’s Republic of China by imports of coumarin consigned from India or Thailand is hereby accepted.

               Country

               Company

               Taric additional code

               India

                           Atlas Fine Chemicals Pvt. Ltd,

                           Debhanu Mansion,

                           Nasik-Pune Highway,

                           Nasik Road,

                           MS 422 101, India

               A579

         Article 2
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Brussels, 3 January 2005.

            For the Commission

         Peter MANDELSON

            Member of the Commission

      (1)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

      (2)  OJ L 123, 9.5.2002, p. 1. Regulation as amended by Regulation (EC) No 1854/2003 (OJ L 272, 23.10.2003, p. 1).

      (3)  OJ L 104, 8.4.2004, p. 99.

      (4)  OJ L 396, 31.12.2004, p. 18.


Avis juridique important

|

31996D0614(01)

Council Decision of 28 May 1996 on the post-clearance recovery of the customs debt

Official Journal C 170 , 14/06/1996 P. 0001 - 0001

COUNCIL DECISIONof 28 May 1996on the post-clearance recovery of the  customs debt(96/C  170/01)THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 152  thereof, Whereas preferential arrangements are a part of common commercial policy and, where applicable, of  development cooperation policy; Whereas preferential customs arrangements are based on mutual trust between the authorities of the  parties concerned; Whereas, in the context of these arrangements, acts of third-country authorities may lead to  irregularities which, as the law stands at present, can be corrected only by charging the customs  debt to Community traders; Whereas this situation is unfair to Community traders who could not reasonably detect  irregularities in the acts of third-country authorities; Whereas the European Parliament and the Council have before them a proposal for a Regulation  amending Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs  Code  (1), Article 12 of which enables Community traders to obtain binding origin information which  they may use for a specified period; Whereas this new possibility improves the situation of Community traders but does not resolve all  problems, REQUESTS the Commission to carry out a study with a view to finding an overall  solution to the recovery problems mentioned above and to submit to it by 31 December 1996 any  appropriate proposal covering both past and future situations. Done at Brussels, 28 May 1996. For the CouncilThe PresidentG. BOGI(1) OJ No L 302, 19. 10. 1992, p. 1.  Regulation as amended by the 1994 Act of Accession.


Avis juridique important

|

31994D0782

94/782/EC: Council Decision of 6 December 1994 concerning the continuance of the Handynet system in the framework of the activities undertaken to date on the first technical aids module

Official Journal L 316 , 09/12/1994 P. 0042 - 0042 Finnish special edition: Chapter 5 Volume 6 P. 0169  Swedish special edition: Chapter 5 Volume 6 P. 0169

COUNCIL DECISION of 6 December 1994 concerning the continuance of the Handynet system in the framework of the activities undertaken to date on the first technical aids module (94/782/EC)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas the principal objective of Council Decision 93/136/EEC of 25 February 1993 establishing a third Community action programme to assist disabled people (Helios II 1993 to 1996) (4) is to promote equal opportunities for, and the integration of,  disabled people; whereas one of the general objectives is to meet the information needs of disabled people by means of the Handynet computerized information and documentation system based on data collected at national level and updated and adapted at  European level;  Whereas, under the Helios II programme, the Commission, in accordance with Decision 93/136/EEC, has collected, adapted at European level, updated, exchanged and disseminated information on technical aids collected in the Member States;  Whereas, in accordance with Article 4 (1) (b) of Decision 93/136/EEC, the Council is to re-examine the Handynet system, before 31 December 1994, on the basis of a Commission report evaluating, inter alia, the first module on technical aids of this  system and, acting on a proposal from the Commission and after consulting the European Parliament, is to decide on the conditions for continuing the system after that date;  Whereas the Commission has presented a report on the application of the Handynet system; whereas the system should be continued in the framework of the activities undertaken to date on the first technical aids module;  Whereas the Treaty does not provide, for the adoption of this Decision, powers other than those of Article 235,  HAS DECIDED AS FOLLOWS:   Article 1  The Handynet computerized information and documentation system of the Helios II programme shall be continued from 1 January 1995 to 31 December 1996 in the framework of the activities undertaken to date on the first technical aids module.   Article 2  This Decision shall be published in the Official Journal of the European Communities.  Done at Brussels, 6 December 1994.  For the Council The President N. BLUEM  (1) OJ No C 222, 10. 8. 1994, p. 19.  (2) Opinion delivered on 7 December 1994 (not yet published in the Official Journal).  (3) Opinion delivered on 23 November 1994 (not yet published in the Official Journal).  (4) OJ No L 56, 9. 3. 1993, p. 30.