title: 2006/1015/EC: Council Decision of 19 December 2006 on the signing and provisional application of the Agreement between the European Community and the Government of Malaysia on certain aspects of air services

text:
               30.12.2006

               EN

               Official Journal of the European Union

               L 414/84

         COUNCIL DECISION
   of 19 December 2006
   on the signing and provisional application of the Agreement between the European Community and the Government of Malaysia on certain aspects of air services
   (2006/1015/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2) in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Council authorised the Commission on 5 June 2003 to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (2)

               On behalf of the Community, the Commission has negotiated an Agreement with the Government of Malaysia on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (3)

               Subject to its possible conclusion at a later date, the Agreement negotiated by the Commission should be signed and provisionally applied,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement between the European Community and the Government of Malaysia on certain aspects of air services is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the said Agreement.
   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 Community, subject to its conclusion.
   Article 3
   Pending its entry into force, the Agreement shall be applied provisionally from the first day of the first month following the date on which the parties have notified each other of the completion of the necessary procedures for this purpose.
   Article 4
   The President of the Council is hereby authorised to make the notification provided for in Article 9(2) of the Agreement.

      Done at Brussels, 19 December 2006.

            For the Council

            The President

         J. KORKEAOJA

    ---documentbreak---

               30.12.2006

               EN

               Official Journal of the European Union

               L 414/85

         AGREEMENT
   between the European Community and the Government of Malaysia on certain aspects of air services
   THE EUROPEAN COMMUNITY,
   of the one part, and
   THE GOVERNMENT OF MALAYSIA (hereinafter Malaysia),
   of the other part,
   (hereinafter referred to as ‘the Parties’),
   RECOGNISING that certain provisions of the bilateral air service agreements between Member States of the European Community and Malaysia, which are contrary to European Community law, must be brought into conformity with it in order to establish a sound legal basis for air services between the European Community and Malaysia and to preserve the continuity of such air services,
   NOTING that the European Community has exclusive competence with respect to several aspects that may be included in bilateral air service agreements between Member States of the European Community and third countries,
   NOTING that under European Community law Community air carriers established in a Member State have the right to non-discriminatory access to air routes between the Member States of the European Community and third countries,
   HAVING REGARD to the agreements between the European Community and certain third countries providing for the possibility for the nationals of such third countries to acquire ownership in air carriers licensed in accordance with European Community law,
   NOTING that under European Community law air carriers may not, in principle, conclude agreements which may affect trade between Member States of the European Community and which have as their object or effect the prevention, restriction or distortion of competition,
   RECOGNISING that provisions in bilateral air service agreements concluded between Member States of the European Community and the Malaysia which (i) require or favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition between air carriers on the relevant routes; or (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to air carriers or other private economic operators the responsibility for taking measures that prevent, distort or restrict competition between air carriers on the relevant routes, may render ineffective the competition rules applicable to undertakings,
   NOTING that it is not a purpose of the European Community, as part of these negotiations, to increase the total volume of air traffic between the European Community and Malaysia, to affect the balance between Community air carriers and air carriers of Malaysia, or to negotiate amendments to the provisions of existing bilateral air service agreements concerning traffic rights,
   HAVE AGREED AS FOLLOWS:
   Article 1
   General provisions
   1.   For the purposes of this Agreement, ‘Member States’ shall mean Member States of the European Community.
   2.   References in each of the agreements listed in Annex I to nationals of the Member State that is a party to that agreement shall be understood as referring to nationals of the Member States of the European Community.
   3.   References in each of the agreements listed in Annex I to air carriers or airlines of the Member State that is a party to that agreement shall be understood as referring to air carriers or airlines designated by that Member State.
   Article 2
   Designation by a Member State
   1.   The provisions in paragraphs 2 and 3 of this Article shall supersede the corresponding provisions in the Articles listed in Annex II(a) and (b) respectively, in relation to the designation of an air carrier by the Member State concerned, its authorisations and permissions granted by Malaysia, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
   2.   On receipt of a designation by a Member State, Malaysia shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

               (i)

               the air carrier is established, under the Treaty establishing the European Community, in the territory of the designating Member State and has a valid Operating Licence in accordance with European Community law; and

               (ii)

               effective regulatory control of the air carrier is exercised and maintained by the Member State responsible for issuing its Air Operators Certificate and the relevant aeronautical authority is clearly identified in the designation; and

               (iii)

               the air carrier has its principal place of business in the territory of the Member State from which it has received the valid Operating Licence; and

               (iv)

               the air carrier is owned, directly or through majority ownership, and it is effectively controlled by Member States and/or nationals of Member States, and/or by other States listed in Annex III and/or nationals of such other States.

         3.   Malaysia may refuse, revoke, suspend or limit the authorisations or permissions of an air carrier designated by a Member State where:

               (i)

               the air carrier is not established, under the Treaty establishing the European Community, in the territory of the designating Member State or does not have a valid Operating Licence in accordance with European Community law; or

               (ii)

               effective regulatory control of the air carrier is not exercised or not maintained by the Member State responsible for issuing its Air Operators Certificate, or the relevant aeronautical authority is not clearly identified in the designation; or

               (iii)

               the air carrier is not owned, directly or through majority ownership, or it is not effectively controlled by Member States and/or nationals of Member States, and/or by other States listed in Annex III and/or nationals of such other States; or

               (iv)

               the air carrier is already authorised to operate under a bilateral agreement between Malaysia and another Member State and Malaysia can demonstrate that, by exercising traffic rights under this Agreement on a route that includes a point in that other Member State, it would be circumventing restrictions on the traffic rights imposed by that other agreement; or

               (v)

               the air carrier designated holds an Air Operators Certificate issued by a Member State and no bilateral air services agreement is in force between Malaysia and that Member State and that Member State has denied traffic rights to the air carriers designated by Malaysia.

         In exercising its right under this paragraph, Malaysia shall not discriminate between Community air carriers on the grounds of nationality.
   Article 3
   Safety
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the Articles listed in Annex II(c).
   2.   Where a Member State (the first Member State) has designated an air carrier whose regulatory control is exercised and maintained by a second Member State, the rights of Malaysia under the safety provisions of the agreement between the first Member State that has designated the air carrier and Malaysia shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that second Member State and in respect of the operating authorisation of that air carrier.
   Article 4
   Taxation of aviation fuel
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the Articles listed in Annex II(d).
   2.   Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex II(d) shall prevent a Member State from imposing, on a non-discriminatory basis, taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated air carrier of Malaysia that operates between a point in the territory of that Member State and another point in the territory of that Member State or in the territory of another Member State.
   Article 5
   Tariffs for carriage within the European Community
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the Articles listed in Annex II(e).
   2.   The tariffs to be charged by the air carrier(s) designated by Malaysia under an agreement listed in Annex I containing a provision listed in Annex II(e) for carriage wholly within the European Community shall be subject to European Community law.
   Article 6
   Compatibility with competition rules
   1.   Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex I shall (i) favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition; (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to private economic operators the responsibility for taking measures that prevent, distort or restrict competition.
   2.   The provisions contained in the agreements listed in Annex I that are incompatible with paragraph 1 of this Article shall not be applied.
   Article 7
   Annexes to the Agreement
   The Annexes to this Agreement shall form an integral part thereof.
   Article 8
   Revision or amendment
   The Parties may, at any time, revise or amend this Agreement by mutual consent.
   Article 9
   Entry into force and provisional application
   1.   This Agreement shall enter into force when the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.
   2.   Notwithstanding paragraph 1, the Parties agree to provisionally apply this Agreement from the first day of the month following the date on which the Parties have notified each other of the completion of the procedures necessary for this purpose.
   3.   Agreements and other arrangements between Member States and Malaysia which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally are listed in Annex I(b). This Agreement shall apply to all such Agreements and arrangements upon their entry into force or provisional application.
   Article 10
   Termination
   1.   In the event that an agreement listed in Annex I is terminated, all provisions of this Agreement that relate to the agreement listed in Annex I concerned shall terminate at the same time.
   2.   In the event that all agreements listed in Annex I are terminated, this Agreement shall terminate at the same time.

      IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.
      Done at … in duplicate, on this … day of …, … in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovene, Spanish, Swedish and Bahasa Melayu languages.

            For the European Community

            For the government of Malaysia

   ANNEX I
   List of agreements referred to in Article 1 of this Agreement

               (a)

               Air service agreements between Malaysia and Member States of the European Community which, at the date of signature of this Agreement, have been concluded, signed and/or are being applied provisionally

                           —

                           Agreement between the Austrian Federal Government and the Government of Malaysia for air services between and beyond their respective territories, signed at Kuala Lumpur on 22 November 1976, hereinafter referred to as ‘Malaysia-Austria Agreement’ in Annex II;
                           Modified by Memorandum of Understanding done at Vienna on 23 August 1990;
                           Last modified by Note Verbale done at Kuala Lumpur on 14 September 1994;

                           —

                           Accord entre le Gouvernement du Royaume de Belgique et le Gouvernement de Malaisie, relatif aux services aériens entre leurs territoires respectifs et au-delà, signed at Kuala Lumpur on 26 February 1974, hereinafter referred to as ‘Malaysia-Belgium Agreement’ in Annex II;
                           Modified by Agreed Minutes done at Brussels on 25 July 1978;
                           Last modified by Agreed Minutes done at Kuala Lumpur on 14 October 1993;

                           —

                           Agreement between the Government of the Czechoslovak Socialist Republic and the Government of Malaysia for air services between and beyond their respective territories, signed at Prague on 2 May 1973, hereinafter referred to as ‘Malaysia-Czech Republic Agreement’ in Annex II;
                           To be read together with Memorandum of Understanding signed at Prague on 2 May 1973;

                           —

                           Agreement between the Government of the Kingdom of Denmark and the Government of Malaysia for air services between and beyond their respective territories, signed at Kuala Lumpur on 19 October 1967, hereinafter referred to as ‘Malaysia-Denmark Agreement’ in Annex II;

                           —

                           Draft Air Services Agreement between the Government of the Kingdom of Denmark and the Government of Malaysia, initialled 1997 and 2002, hereinafter referred to as ‘Draft Malaysia-Denmark Agreement’ in Annex II;

                           —

                           Agreement between the Government of the Republic of Finland and the Government of Malaysia for air services between and beyond their respective territories, signed at Kuala Lumpur on 6 November 1997, hereinafter referred to as ‘Malaysia-Finland Agreement’ in Annex II;
                           To be read together with Memorandum of Understanding done at Kuala Lumpur on 15 September 1997;

                           —

                           Accord entre le Gouvernement de la République française et le Gouvernement de Malaysia relatif aux transports aériens, signed at Kuala Lumpur on 22 May 1967, hereinafter referred to as ‘Malaysia-France Agreement’ in Annex II;

                           —

                           Agreement between the Federal Republic of Germany and Malaysia for Air Services between and beyond their respective territories, signed at Kuala Lumpur on 23 July 1968, hereinafter referred to ‘Malaysia-Germany Agreement’ in Annex II;

                           —

                           Agreement between the Government of the Republic of Hungary and the Government of Malaysia for air services between and beyond their territories, signed at Kuala Lumpur on 19 February 1993, hereinafter referred to as ‘Malaysia-Hungary Agreement’ in Annex II;

                           —

                           Agreement between the Government of Ireland and the Government of Malaysia on air transport, signed at Shannon on 17 February 1992, hereinafter referred to as ‘Malaysia-Ireland Agreement’ in Annex II;

                           —

                           Agreement between the Government of Malaysia and the Government of Republic of Italy concerning air services, signed at Kuala Lumpur on 23 March 1995, hereinafter referred to as ‘Malaysia-Italy Agreement’ in Annex II;
                           To be read together with Confidential Memorandum of Understanding done at Rome on 30 November 1994;
                           Modified by Confidential Memorandum of Understanding done at Kuala Lumpur on 18 July 1997;
                           Modified by Agreed Record of discussions between Malaysia and Italy, done at Rome on 18 May 2005;
                           Last modified by Memorandum of Understanding done at London on 18 July 2006;

                           —

                           Air Services Agreement between the Government of Malaysia and the Government of the Grand Duchy of Luxembourg, initialled at Kuala Lumpur on 19 July 2002, as Attachment II of Confidential Memorandum of Understanding, signed at Kuala Lumpur on 19 July 2002; hereinafter referred to as ‘Malaysia-Luxembourg Agreement’ in Annex II;

                           —

                           Agreement between the Government of Malta and the Government of Malaysia for air services between and beyond their respective territories, signed at Malaysia on 12 October 1993, hereinafter referred to as ‘Malaysia-Malta Agreement’ in Annex II;
                           To be read together with Memorandum of Understanding done at Valletta on 28 February 1984;

                           —

                           Agreement between the Government of the Kingdom of the Netherlands and the Government of Malaysia for air services between and beyond their respective territories, signed Kuala Lumpur on 15 December 1966, hereinafter referred to as ‘Malaysia-Netherlands Agreement’ in Annex II;
                           Modified by Exchange of Notes of 25 March 1988;
                           Modified by Confidential Memorandum of 23 October 1991;
                           Modified by Exchange of Notes done at Kuala Lumpur on 10 May 1993;
                           Last modified by Confidential Memorandum of Understanding attached as Appendix A to the Agreed Minutes done at Kuala Lumpur on 19 September 1995;
                           Last amended by Exchange of Notes done at Kuala Lumpur on 23 May 1996;

                           —

                           Agreement between the Government of the Polish People's Republic and the Government of Malaysia concerning civil air transport, signed at Kuala Lumpur on 24 March 1975, hereinafter referred to as ‘Malaysia-Poland Agreement’ in Annex II;

                           —

                           Agreement between the Government of Malaysia and the Portuguese Republic for air services between and beyond their respective territories, initialled and attached as Attachment II to the Memorandum of Understanding done at Kuala Lumpur on 19 May 1998, hereinafter referred to as ‘Malaysia-Portugal Agreement’ in Annex II;

                           —

                           Agreement between the Government of the Republic of Slovenia and the Government of Malaysia for air services between and beyond their respective territories, signed at Ljubljana on 28 October 1997, hereinafter referred to as ‘Malaysia-Slovenia Agreement’ in Annex II;

                           —

                           Air transport agreement between the Government of Spain and the Government of Malaysia, signed at Kuala Lumpur on 23 March 1993, hereinafter referred to as ‘Malaysia-Spain Agreement’ in Annex II;

                           —

                           Agreement between the Government of the Kingdom of Sweden and the Government of Malaysia for Air Services between and beyond their respective territories, signed at Kuala Lumpur on 19 October 1967, hereinafter referred to as ‘Malaysia-Sweden Agreement’ in Annex II;

                           —

                           Draft Air Services Agreement between the Government of the Kingdom of Sweden and the Government of Malaysia, initialled 1997 and 2002, hereinafter referred to as ‘Draft Malaysia-Sweden Agreement’ in Annex II;

                           —

                           Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Malaysia for air services between and beyond their respective territories, signed at London on 24 May 1973, hereinafter referred to as ‘Malaysia-United Kingdom Agreement’ in Annex II;
                           Modified by Exchange of Notes done at Kuala Lumpur on 14 September 1993;
                           Last modified by Memorandum of Understanding done at London on 18 January 2006;

               (b)

               Air service agreements and other arrangements initialled or signed between Malaysia and Member States of the European Community which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally

                           —

                           Draft Memorandum of Understanding attached as Appendix 1 to the Agreed Record done in Kuala Lumpur on 15 December 2004, modifying the Malaysia-United Kingdom Agreement.

         ANNEX II
   List of articles in the agreements listed in Annex I and referred to in Articles 2 to 6 of this Agreement

               (a)

               Designation by a Member State:

                           —

                           Article 3(1-3) of the Malaysia-Austria Agreement;

                           —

                           Article 2 of the Malaysia-Belgium Agreement;

                           —

                           Article 3(1-3) of the Malaysia-Czech Republic Agreement;

                           —

                           Article II of the Malaysia-Denmark Agreement;

                           —

                           Article 3 of the Draft Malaysia-Denmark Agreement;

                           —

                           Article 3(1-3) of the Malaysia-France Agreement;

                           —

                           Article 3(1-3) of the Malaysia-Germany Agreement;

                           —

                           Article 3 of the Malaysia-Finland Agreement;

                           —

                           Article 3(1-3) of the Malaysia-Hungary Agreement;

                           —

                           Article 3(1-2) of the Malaysia-Ireland Agreement;

                           —

                           Article 4 of the Malaysia-Italy Agreement;

                           —

                           Article 3 of the Malaysia-Malta Agreement;

                           —

                           Article 3(1-3) of the Malaysia-Netherlands Agreement;

                           —

                           Article 3 of the Malaysia-Poland Agreement;

                           —

                           Article 3(1-3) of the Malaysia-Portugal Agreement;

                           —

                           Article 3(1-3) of the Malaysia-Slovenia Agreement;

                           —

                           Article 3 of the Malaysia-Spain Agreement;

                           —

                           Article II of the Malaysia-Sweden Agreement;

                           —

                           Article 3 of the Draft Malaysia-Sweden Agreement;

                           —

                           Article 3(1-3) of the Malaysia-United Kingdom Agreement;

               (b)

               Refusal, revocation, suspension or limitation of authorisations or permissions:

                           —

                           Article 3(4-7) of the Malaysia-Austria Agreement;

                           —

                           Article 3 of the Malaysia-Belgium Agreement;

                           —

                           Article 3(4-6) of the Malaysia-Czech Republic Agreement;

                           —

                           Article III of the Malaysia-Denmark Agreement;

                           —

                           Article 4 of the Draft Malaysia-Denmark Agreement;

                           —

                           Article 4 of the Malaysia-Finland Agreement;

                           —

                           Article 3(4-6) of the Malaysia-France Agreement;

                           —

                           Article 3(4-6) of the Malaysia-Germany Agreement;

                           —

                           Article 3(4-6) of the Malaysia-Hungary Agreement;

                           —

                           Article 3(3-6) of the Malaysia-Ireland Agreement;

                           —

                           Article 5 of the Malaysia-Italy Agreement;

                           —

                           Article 4 of the Malaysia-Malta Agreement;

                           —

                           Article 3(4-6) of the Malaysia-Netherlands Agreement;

                           —

                           Article 4 of the Malaysia-Poland Agreement;

                           —

                           Article 3(4-6) of the Malaysia-Portugal Agreement;

                           —

                           Article 3(4-6) of the Malaysia-Slovenia Agreement;

                           —

                           Article 4 of the Malaysia-Spain Agreement;

                           —

                           Article III of the Malaysia-Sweden Agreement;

                           —

                           Article 4 of the Draft Malaysia-Sweden Agreement;

                           —

                           Article 3(4-6) of the Malaysia-United Kingdom Agreement;

               (c)

               Safety:

                           —

                           Article 7 of the Malaysia-Belgium Agreement;

                           —

                           Article 15 of the Draft Malaysia-Denmark Agreement;

                           —

                           Article 9 of the Malaysia-Hungary Agreement;

                           —

                           Article 10 of the Malaysia-Italy Agreement;

                           —

                           Article 6 of the Malaysia-Luxembourg Agreement;

                           —

                           Article 11 of the Malaysia-Portugal Agreement;

                           —

                           Article 11 of the Malaysia-Spain Agreement;

                           —

                           Article 15 of the Draft Malaysia-Sweden Agreement;

                           —

                           Article 9A of the Malaysia-United Kingdom Agreement;

               (d)

               Taxation of aviation fuel:

                           —

                           Article 4 of the Malaysia-Austria Agreement;

                           —

                           Article 4 of the Malaysia-Belgium Agreement;

                           —

                           Article 4 of the Malaysia-Czech Republic Agreement;

                           —

                           Article IV of the Malaysia-Denmark Agreement;

                           —

                           Article 6 of the Draft Malaysia-Denmark Agreement;

                           —

                           Article 5 of the Malaysia-Finland Agreement;

                           —

                           Article 4 of the Malaysia-France Agreement;

                           —

                           Article 4 of the Malaysia-Germany Agreement;

                           —

                           Article 4 of the Malaysia-Hungary Agreement;

                           —

                           Article 11 of the Malaysia-Ireland Agreement;

                           —

                           Article 6 of the Malaysia-Italy Agreement;

                           —

                           Article 9 of the Malaysia-Luxembourg Agreement;

                           —

                           Article 5 of the Malaysia-Malta Agreement;

                           —

                           Article 4 of the Malaysia-Netherlands Agreement;

                           —

                           Article 6 of the Malaysia-Poland Agreement;

                           —

                           Article 4 of the Malaysia-Portugal Agreement;

                           —

                           Article 4 of the Malaysia-Slovenia Agreement;

                           —

                           Article 5 of the Malaysia-Spain Agreement;

                           —

                           Article IV of the Malaysia-Sweden Agreement;

                           —

                           Article 6 of the Draft Malaysia-Sweden Agreement;

                           —

                           Article 4 of the Malaysia-United Kingdom Agreement;

               (e)

               Tariffs for carriage within the European Community:

                           —

                           Article 7 of the Malaysia-Austria Agreement;

                           —

                           Article 10 of the Malaysia-Belgium Agreement;

                           —

                           Article 7 of the Malaysia-Czech Republic Agreement;

                           —

                           Article VII of the Malaysia-Denmark Agreement;

                           —

                           Article 11 of the Draft Malaysia-Denmark Agreement;

                           —

                           Article 10 of the Malaysia-Finland Agreement;

                           —

                           Article 7 of the Malaysia-France Agreement;

                           —

                           Article 7 of the Malaysia-Germany Agreement;

                           —

                           Article 7 of the Malaysia-Spain Agreement;

                           —

                           Article 8 of the Malaysia-Hungary Agreement;

                           —

                           Article 6 of the Malaysia-Ireland Agreement;

                           —

                           Article 8 of the Malaysia-Italy Agreement;

                           —

                           Article 11 of the Malaysia-Luxembourg Agreement;

                           —

                           Article 10 of the Malaysia-Malta Agreement;

                           —

                           Article 7 of the Malaysia-Netherlands Agreement;

                           —

                           Article 10 of the Malaysia-Poland Agreement;

                           —

                           Article 9 of the Malaysia-Portugal Agreement;

                           —

                           Article 8 of the Malaysia-Slovenia Agreement;

                           —

                           Article VII of the Malaysia-Sweden Agreement;

                           —

                           Article 11 of the Draft Malaysia-Sweden Agreement;

                           —

                           Article 7 of the Malaysia-United Kingdom Agreement.

         ANNEX III
   List of other States referred to in Article 2 of this Agreement

               (a)

               The Republic of Iceland (under the Agreement on the European Economic Area);

               (b)

               The Principality of Liechtenstein (under the Agreement on the European Economic Area);

               (c)

               The Kingdom of Norway (under the Agreement on the European Economic Area);

               (d)

               The Swiss Confederation (under the Agreement between the European Community and the Swiss Confederation on Air Transport).


Avis juridique important

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31990D0055

90/55/EEC: Commission Decision of 17 December 1989 setting up a Consumers' Consultative Council

Official Journal L 038 , 10/02/1990 P. 0040 - 0043 Finnish special edition: Chapter 15 Volume 9 P. 0168  Swedish special edition: Chapter 15 Volume 9 P. 0168

*****COMMISSION  DECISION  of 17 December 1989  setting up a Consumers' Consultative Council  (90/55/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Whereas the constant improvement of the living and working conditions as well as the harmonious development of the economies constitute objectives of the European Economic Community;  Whereas since the conference of Heads of State and Government in Paris in October 1972, the Community has gradually established a consumer protection policy;  Whereas as part of the process of achieving its objectives, the Commission set up, by Decision 73/306/EEC (1), as last amended by Decision 80/1087/EEC (2), a Consumers' Consultative Committee in order to maintain close and continuous contacts with consumer organizations at Community level;  Whereas the subsequent development of the Community and its enlargement call for a redefinition of this consultative body;  Whereas, in particular, Article 100a (3) of the Treaty stipulates that proposals concerning consumer protection made with a view to the completion of the internal market must take as a base a high level of protection;  Whereas a growing number of Community policies have an impact on consumers; whereas steps should be taken to ensure that consumer policy is integrated into other common policies, as the Council stressed in its resolutions of 15 December 1986 (3) and 9 November 1989 (4);  Whereas a Consumers' Consultative Council should be set up whose tasks and representativeness reflect these changed circumstances;  Whereas this Council should be accorded a statute which is based on experience gained,  HAS DECIDED AS FOLLOWS:  Article 1  1. The Commission hereby establishes a Consumers' Consultative Council, hereafter called the 'Council', which shall act as a consultative committee.  2. The Council shall be composed of representatives of European consumer organizations as well as of national organizations, institutions and individuals, specially qualified in consumer affairs.  Article 2  1. The Council may be consulted by the Commission on all problems relating to the protection of consumer interests. Its task shall be to advise the Commission on all problems relating to the respect of consumer interests at Community level, and in particular the implementation of policy and measures relating to consumer protection and information.  2. The Council shall give its opinions at the request of the Commission or, under the procedure provided for in Article 11 (1), on its own initiative.  3. The Council may be consulted on the appointment of consumer representatives to consultative committees set up within the Commission.  Article 3  The Council shall be composed of 39 members. The seats shall be attributed as follows:  (a) to representatives of European consumer organizations, a total of 16 using the method of distribution and selection described in Annex I;  (b) to representatives of national organizations and institutions specially qualified in consumer affairs, a total of 17 using the method of distribution and selection described in Annex II;  (c) to individuals specially qualified in consumer affairs, a total of six selected by the Commission on the basis of their ability in terms of defending consumer interests, whether at a general level or in specific areas or from specific aspects.  Article 4  1. The members of the Council shall be appointed by the Commission.  2. An equal number of alternates shall be appointed under the same conditions as the full members.  Notwithstanding Article 10, the alternate shall automatically replace a full member who is absent or indisposed.  Article 5  1. The term of office of members of the Council shall be three years and shall be renewable once.  2. At the end of the three year period, the members of the Council shall remain in office until a replacement is provided or their term of office is renewed.  The term of office of a member shall lapse before the end of the three year period in the event of his retirement or on the termination of his membership of the organization or institution which he represents, or on his death. The term of office of a member may also be terminated where the organization which nominated him requests his replacement. The member shall be replaced for the remainder of the term of office in accordance with the procedure laid down in Article 3.  3. Membership shall not confer entitlement to payment.  Article 6  The Commission shall publish the list of full members and alternates in the Official Journal of the European Communities.  Article 7  1. The Council shall elect a Chairman and three Vice-Chairmen, who shall hold office for a period of 18 months, renewable once. The election shall be by a majority of two-thirds of the members.  2. The Steering Committee shall consist of the Chairman and Vice-Chairmen and up to eight other members elected by the Council by the majority provided for in paragraph 1.  3. Notwithstanding Article 9, the Steering Committee shall prepare and organize the work of the Council.  4. The Council may set up working parties.  Article 8  1. The Council shall meet at the seat of the Commission which shall convene meetings at least twice a year and, in addition, at the request of two-thirds of the members.  2. In urgent cases, the Council may, on its own initiative or at the request of the Commission, adopt opinions by a written procedure the details of which will be laid down in the rules of procedure of the Council.  3. Representatives of the relevant departments of the Commission shall take part in the meetings of the Council, the steering committee and its working parties.  Article 9  The Commission shall provide secretarial services for the Council, the Steering Committee and the working parties.  It shall draw up the agenda for the meetings, convene the members and provide them with documentation.  Article 10  1. The Council may request the attendance, as an expert, of any person who is specially qualified in a particular subject on the agenda.  The experts shall be present only for the discussion of the particular subjects for which their attendance has been requested.  2. The Council may request the attendance, as observers, of representatives of professional organizations particularly interested in a subject on the agenda.  Observers shall be present only for the discussion of the particular subject for which their attendance has been requested.  3. The Commission may invite persons who are specially qualified in consumer affairs to take part in the work of the Council under the conditions laid down in paragraph 1.  Article 11  1. The preparation of opinions by the Council on its own initiative shall be decided by a majority of two-thirds of the members present. 2. Subject to the application of the procedure described in Article 8 (2), the adoption of opinions by the Council shall require the presence of two-thirds of its members.  3. Conflicting opinions may be attached to the opinions of the Council in so far as they are supported by at least one-third of the members present.  Article 12  In requesting an opinion from the Council, the Commission may fix a deadline by which the opinion has to be given.  Article 13  Without prejudice to Article 214 of the Treaty, the members of the Council are required not to divulge information obtained from their work in the Council, Steering Committee or working parties, when the Commission informs them that the opinion requested or question raised is of a confidential nature. In such cases, only members of the Council and representatives of the Commission shall take part in the meetings.  Article 14  Decision 73/306/EEC is hereby repealed.  Article 15  This Decision shall take effect on 1 January 1990.  Done at Brussels, 17 December 1989.  For the Commission  Karel VAN MIERT  Member of the Commission  (1) OJ No L 283, 10. 10. 1973, p. 18.  (2) OJ No L 320, 27. 11. 1980, p. 33.  (3) OJ No C 3, 7. 1. 1987, p. 1.  (4) OJ No C 294, 22. 11. 1989, p. 1.  ANNEX I  (a) The following organizations shall each propose a list of at least 16 persons, with an equal number of full members and alternates, from which the Commission shall select four full members and four alternates:  - European Office of Consumer Unions (BEUC),  - Committee of Family Organizations in the European Communities (COFACE),  - European Community of Consumer Cooperatives (EURO-COOP),  - European Trade Union Confederation (ETUC).  (b) Where necessary, the Commission may recognize other organizations representing consumers to take account of developments within the Community.  ANNEX II  Method of distribution and selection of members of national organizations and institutions of a general nature  (a) Seats attributed to members of organizations and institutions referred to in Article 3 shall be broken down by nationality as follows:  1.2 // Belgium: 1 Denmark: 1 Federal Republic of Germany: 2 Greece: 1 Spain: 2 France: 2  // Luxembourg: 1 Ireland: 1 Italy: 2 Netherlands: 2 Portugal: 1 United Kingdom: 2.  (b) The national bodies coordinating consumer associations shall each propose to the Commission a list of at least twice as many persons as full and alternate seats to be filled, with en equal number of full and alternate members, from which the Commission shall select the full member(s) or alternate(s). In those Member States where such bodies do not exist, the Commission shall appoint members from the consumer organizations and other institutions, bodies, research institutes, etc., whether or not they are represented in European organizations which are concerned, in a general way, with the protection of consumer interests at national level.  Consumer organizations must meet certain criteria regarding representativeness, particularly their actual work in defence of consumer interests, independence from business circles, the relevance of their work in terms of public interest and/or the number of members.


Avis juridique important

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41980D1185

80/1185/ECSC: Decision of the representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council, of 16 December 1980 applying for 1981 the generalized tariff preferences for certain steel products originating in developing countries

Official Journal L 354 , 29/12/1980 P. 0202 - 0214

++++DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY , MEETING WITHIN THE COUNCIL  OF 16 DECEMBER 1980  APPLYING FOR 1981 THE GENERALIZED TARIFF PREFERENCES FOR CERTAIN STEEL PRODUCTS ORIGINATING IN DEVELOPING COUNTRIES   ( 80/1185/ECSC )  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY , MEETING WITHIN THE COUNCIL ,  IN AGREEMENT WITH THE COMMISSION ,  HAVE DECIDED AS FOLLOWS :  ARTICLE 1  1 . FROM 1 JANUARY TO 31 DECEMBER 1981 , THE CUSTOMS DUTIES APPLICABLE TO THE PRODUCTS LISTED IN ANNEXES A AND B SHALL BE TOTALLY SUSPENDED WITHIN THE FRAMEWORK OF TARIFF QUOTAS AND CEILINGS .  IMPORTS INTO GREECE OF THE PRODUCTS REFERRED TO ABOVE SHALL BE SUBJECT TO THE CUSTOMS DUTIES ESTABLISHED IN ACCORDANCE WITH ARTICLE 117 OF THE ACT OF ACCESSION OF 1979 .  2 . THE ARRANGEMENTS PROVIDED FOR IN PARAGRAPH 1 SHALL APPLY SOLELY :   - IN ALL CUSTOMS AREAS OF THE COMMUNITY , TO EACH OF THE COUNTRIES OR TERRITORIES LISTED IN COLUMN 4 OF ANNEX A AGAINST EACH CATEGORY OF PRODUCTS LISTED IN COLUMNS 2 AND 3 ,   - IN THE COMMUNITY , TO EACH OF THE OTHER COUNTRIES OR TERRITORIES LISTED IN ANNEX C , FOR THE SAME CATEGORIES OF PRODUCTS ,   - IN THE COMMUNITY , TO EACH OF THE COUNTRIES OR TERRITORIES LISTED IN ANNEX C FOR THE OTHER CATEGORIES OF PRODUCTS IN ANNEX A AND , CONSIDERED INDIVIDUALLY , FOR EACH OF THE CATEGORIES OF PRODUCTS LISTED IN ANNEX B ,  SUBJECT TO OBSERVANCE OF THE CONCEPT OF ORIGINATING PRODUCTS .  3 . IMPORTS EXEMPT FROM CUSTOMS DUTIES UNDER OTHER PREFERENTIAL TARIFF ARRANGEMENTS GRANTED BY THE COMMUNITY MAY NOT BE CHARGED AGAINST THESE TARIFF QUOTAS OR CEILINGS . PREFERENTIAL ENTRY AS PROVIDED FOR IN THIS DECISION SHALL BE SUBJECT TO CONFORMITY WITH THE CONCEPT OF " ORIGINATING PRODUCTS " AS DETERMINED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 14 OF REGULATION ( EEC ) NO 802/68 ( 1 ) . HOWEVER , THE COMMUNITY PREFERENCE ARRANGEMENTS PROVIDED FOR IN THIS DECISION SHALL CEASE TO APPLY TO YUGOSLAVIA FROM THE TIME THE AGREEMENT WITH THAT COUNTRY CONCERNING PRODUCTS WITHIN THE PROVINCE OF THE ECSC ENTERS INTO FORCE .  4 . THE COMMUNITY TARIFF QUOTAS AND CEILINGS SHALL BE ADMINISTERED IN ACCORDANCE WITH THE PROVISIONS SET OUT BELOW .  SECTION I  PROVISIONS CONCERNING THE ADMINISTRATION OF THE COMMUNITY TARIFF QUOTAS RELATING TO PRODUCTS LISTED IN ANNEX A  ARTICLE 2  THE TOTAL SUSPENSION OF CUSTOMS DUTIES WITHIN THE LIMITS OF THE COMMUNITY TARIFF QUOTAS REFERRED TO IN ARTICLE 1 ( 1 ) SHALL BE ACCORDED TO EACH COUNTRY OR TERRITORY LISTED IN COLUMN 4 OF ANNEX A IN RESPECT OF THE PRODUCTS INDICATED AGAINST ITS NAME IN COLUMNS 2 AND 3 TOGETHER WITH DETAILS IN COLUMN 5 OF THE AMOUNT OF THE INDIVIDUAL QUOTAS .  ARTICLE 3  1 . THE MEMBER STATES SHALL ADMINISTER THEIR TARIFF QUOTAS IN ACCORDANCE WITH THEIR OWN PROVISIONS IN THIS RESPECT .  2 . THE EXTENT TO WHICH A MEMBER STATE HAS USED UP ITS SHARE SHALL BE DETERMINED ON THE BASIS OF IMPORTS OF THE GOODS IN QUESTION WHICH HAVE BEEN ENTERED FOR FREE CIRCULATION , ON THE BASIS OF THE CUSTOMS VALUE OF THE SAID GOODS , AND WHICH ARE ACCOMPANIED BY A CERTIFICATE OF ORIGIN IN ACCORDANCE WITH THE RULES REFERRED TO IN ARTICLE 1 ( 2 ) .  ARTICLE 4  EACH MEMBER STATE SHALL REINTRODUCE THE LEVYING OF DUTIES WHICH HAVE BEEN SUSPENDED IN RESPECT OF A COUNTRY OR TERRITORY LISTED IN COLUMN 4 OF ANNEX A AS SOON AS IT FINDS THAT THE CHARGES AGAINST ITS NATIONAL QUOTA OF THE PRODUCTS CONCERNED ORIGINATING IN THAT COUNTRY OR TERRITORY HAVE REACHED THE AMOUNT LAID DOWN IN COLUMN 6 OF ANNEX A .  SECTION II  PROVISIONS CONCERNING THE ADMINISTRATION OF THE COMMUNITY TARIFF CEILINGS RELATING TO THE PRODUCTS LISTED IN ANNEXES A AND B  ARTICLE 5  1 . SUBJECT TO ARTICLES 6 AND 7 , THE PREFERENTIAL TARIFF CEILING ARRANGEMENTS SHALL BE ACCORDED :   - FOR PRODUCTS IN ANNEX A , TO EACH OF THE COUNTRIES OR TERRITORIES LISTED IN ANNEX C , OTHER THAN THOSE WHICH MAY BE LISTED IN COLUMN 4 OF ANNEX A , WITHIN THE LIMITS OF THE AMOUNTS SPECIFIED IN COLUMN 7 OF ANNEX A , AGAINST EACH CATEGORY OF PRODUCTS ,   - FOR PRODUCTS IN ANNEX B , TO THE COUNTRIES OR TERRITORIES LISTED IN ANNEX C , CONSIDERED INDIVIDUALLY , WITHIN THE LIMITS OF A COMMUNITY CEILING EQUAL TO THE HIGHEST MAXIMUM AMOUNT VALID FOR 1980 UNDER EACH OF THE PREFERENTIAL CEILINGS OPENED FOR THAT YEAR .  THE INDIVIDUAL CEILING THUS ESTABLISHED SHALL BE INCREASED BY 2 % TO TAKE ACCOUNT OF THE APPLICATION BY GREECE OF COMMUNITY TARIFF PREFERENCES .  ARTICLE 6  1 . AS SOON AS THE INDIVIDUAL CEILINGS FIXED OR CALCULATED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 5 , WHICH ARE LAID DOWN FOR IMPORTS INTO THE COMMUNITY , UNDER THE CONDITIONS WHICH IT SHALL DETERMINE , OF PRODUCTS ORIGINATING IN ANY OF THE COUNTRIES OR TERRITORIES REFERRED TO IN ARTICLE 1 ( 2 ) , ARE REACHED AT COMMUNITY LEVEL , THE MEMBER STATES MAY AT ANY TIME , AT THE REQUEST OF ANY ONE OF THEM OR OF THE COMMISSION AND IN RESPECT OF THE WHOLE OF THE COMMUNITY , REINTRODUCE THE LEVYING OF THE CORRESPONDING DUTIES ON IMPORTS OF THE PRODUCTS IN QUESTION FROM EACH OF THE COUNTRIES OR TERRITORIES CONCERNED UNTIL THE END OF THE PERIOD REFERRED TO IN ARTICLE 1 ( 1 ) .  2 . WITHIN THE FRAMEWORK OF THE FOREGOING PROVISIONS , THE COMMISSION SHALL COORDINATE THE PROCEDURES FOR REINTRODUCING NORMAL CUSTOMS DUTIES , IN PARTICULAR BY NOTIFYING THE DATE COMMON TO THE WHOLE OF THE COMMUNITY AND DIRECTLY APPLICABLE IN EACH MEMBER STATE . THIS NOTIFICATION SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  3 . HOWEVER , PARAGRAPHS 1 AND 2 SHALL NOT APPLY TO THE COUNTRIES LISTED IN ANNEX D .  ARTICLE 7  THE EXTENT TO WHICH CEILINGS AND MAXIMUM AMOUNTS HAVE BEEN USED UP SHALL BE DETERMINED AT COMMUNITY LEVEL ON THE BASIS OF IMPORTS CHARGED IN THE MANNER LAID DOWN IN ARTICLE 8 ( 1 ) AND ( 2 ) .  SECTION III  GENERAL PROVISIONS  ARTICLE 8  1 . IMPORTS OF THE PRODUCTS IN QUESTION SHALL BE CHARGED AGAINST THE QUOTA SHARES AND COMMUNITY CEILINGS AS AND WHEN THE PRODUCTS ARE ENTERED FOR FREE CIRCULATION , ON THE BASIS OF THE CUSTOMS VALUE OF THE SAID PRODUCTS , AND ARE ACCOMPANIED BY A CERTIFICATE OF ORIGIN IN ACCORDANCE WITH THE RULES LAID DOWN IN ARTICLE 1 ( 2 ) .  2 . GOODS MAY BE CHARGED AGAINST A CEILING OR ADMITTED UNDER A TARIFF QUOTA ONLY IF THE CERTIFICATE OF ORIGIN REFERRED TO IN PARAGRAPH 1 IS PRESENTED BEFORE THE DATE ON WHICH THE LEVYING OF DUTIES IS REINTRODUCED .  3 . FOR THE PURPOSES OF THE APPLICATION OF THIS DECISION , THE PREFERENTIAL AMOUNTS EXPRESSED IN EUROPEAN UNITS OF ACCOUNT AND THE RATES FOR THEIR CONVERSION INTO NATIONAL CURRENCIES SHALL BE THOSE LAID DOWN IN THE COMMON CUSTOMS TARIFF .  HOWEVER , FOR PRODUCTS LISTED IN ANNEX A UNDER ORDER NOS 2 , 3 AND 5 , CONVERSION INTO NATIONAL CURRENCIES OF THE PREFERENTIAL AMOUNTS EXPRESSED IN EUA SHALL BE CARRIED OUT IN ACCORDANCE WITH THE FOLLOWING RATES :  1 EUA = DM 3,43481  1 EUA = BFRS/LFRS 48,11444  1 EUA = FL 3,446098  1 EUA = FF 5,61888  1 EUA = LIT 741,528  1 EUA = DKR 7,56456  1 EUA = POUND IRL 0,4684092  1 EUA = POUND 0,4507734  1 EUA = DR 36,16763  4 . ANY AMENDMENT TO THE LIST OF BENEFICIARIES , IN PARTICULAR BY THE ADDITION OF NEW COUNTRIES OR TERRITORIES , MAY ENTAIL A CORRESPONDING ADJUSTMENT TO COMMUNITY TARIFF QUOTAS OR CEILINGS .  ARTICLE 9  1 . EVERY THREE MONTHS , THE MEMBER STATES SHALL FORWARD TO THE STATISTICAL OFFICE OF THE EUROPEAN COMMUNITIES THE INFORMATION RELATING TO IMPORTS UNDER THIS DECISION , IN ACCORDANCE WITH THE PROVISIONS OF THE NOMENCLATURE OF GOODS FOR EXTERNAL TRADE STATISTICS OF THE COMMUNITY AND STATISTICS OF TRADE BETWEEN MEMBER STATES ( NIMEXE ) .  2 . HOWEVER , IN THE CASE OF PRODUCTS IN ANNEX A SUBJECT TO QUOTAS , THE MEMBER STATES SHALL , BY THE 11TH DAY OF EACH MONTH AT THE LATEST , FORWARD THE LIST OF CHARGES EFFECTED DURING THE PREVIOUS MONTH . IN THE CASE OF PRODUCTS OF ANNEX A SUBJECT TO CEILINGS , THE MEMBER STATES SHALL FORWARD TO THE COMMISSION , AT ITS REQUEST AND UNDER THE SAME CONDITIONS , THE LIST OF CHARGES EFFECTED DURING THE PREVIOUS MONTH .  AT THE COMMISSION'S REQUEST , WHEN THE LEVEL OF 75 % OF THE CEILING IS REACHED , THE MEMBER STATES SHALL FORWARD THE LISTS OF CHARGES TO THE COMMISSION EVERY 10 DAYS ; THESE LISTS SHALL BE FORWARDED WITHIN FIVE DAYS OF THE END OF EACH 10-DAY PERIOD .  ARTICLE 10  THE MEMBER STATES SHALL , IN CLOSE COOPERATION WITH THE COMMISSION , TAKE ALL NECESSARY MEASURES TO ENSURE THAT THIS DECISION IS APPLIED .  ARTICLE 11  THE MEMBER STATES SHALL TAKE ALL MEASURES NECESSARY FOR THE IMPLEMENTATION OF THIS DECISION .  ARTICLE 12  THIS DECISION SHALL ENTER INTO FORCE ON 1 JANUARY 1981 .  DONE AT BRUSSELS , 16 DECEMBER 1980 .  THE PRESIDENT  COLETTE FLESCH  ( 1 ) OJ NO L 148 , 28 . 6 . 1968 , P . 1 .  ANNEX A  LIST OF PRODUCTS SUBJECT TO ZERO DUTY COMMUNITY PREFERENTIAL TARIFF QUOTAS AND CEILINGS ( A )  ORDER NO*CCT HEADING NO*DESCRIPTION*COMMUNITY TARIFF QUOTAS*CEILING ( EUA ) *  ***BENEFICIARY COUNTRIES OR TERRITORIES*INDIVIDUAL QUOTA AMOUNT ( EUA ) *AMOUNT OF SHARES ALLOCATED TO MEMBER STATES  ( EUA ) **   ( 1 ) * ( 2 ) * ( 3 ) * ( 4 ) * ( 5 ) * ( 6 ) * ( 7 ) *  1*73.07*BLOOMS , BILLETS , SLABS AND SHEET BARS  ( INCLUDING TINPLATE BARS ) , OF IRON OR STEEL ; PIECES ROUGHLY SHAPED BY FORGING , OF IRON OR STEEL : *BRAZIL*3 324 600*GERMANY : 914 265*3 324 600*  *****BENELUX : 349 083**  *****FRANCE : 631 674**  *****ITALY : 482 067**  *****DENMARK : 166 230**  *****IRELAND : 16 623**  *****UNITED KINGDOM : 698 166**  *****GREECE : 66 492**  **A . BLOOMS AND BILLETS : *****  **I . ROLLED*****  **B . SLABS AND SHEET BARS ( INCLUDING TINPLATE BARS ) : *****  **I . ROLLED*****  2*73.08 (*)* IRON OR STEEL COILS FOR RE-ROLLING*BRAZIL , SOUTH KOREA , ROMANIA , VENEZUELA , YUGOSLAVIA*3 237 451*GERMANY : 890 299*3 237 451*  *****BENELUX : 339 932**  *****FRANCE : 615 115**  *****ITALY : 469 430**  *****DENMARK : 161 872**  *****IRELAND : 16 187**  *****UNITED KINGDOM : 679 864**  *****GREECE : 64 749**  ( A ) PREFERENCES ARE NOT TO GRANTED IN RESPECT OF THE PRODUCTS , MARKED WITH AN ASTERISK , ORIGINATING IN CHINA .  ORDER NO*CCT HEADING NO*DESCRIPTION*COMMUNITY TARIFF QUOTAS*CEILING ( EUA ) *  ***BENEFICIARY COUNTRIES OR TERRITORIES*INDIVIDUAL QUOTA AMOUNT ( EUA ) *AMOUNT OF SHARES ALLOCATED TO MEMBER STATES  ( EUA ) **   ( 1 ) * ( 2 ) * ( 3 ) * ( 4 ) * ( 5 ) * ( 6 ) * ( 7 ) *  3*73.10 (*)* BARS AND RODS ( INCLUDING WIRE ROD ) , OF OF IRON OR STEEL , HOT-ROLLED , FORGED , EXTRUDED , COLD-FORMED OR COLD-FINISHED ( INCLUDING PRECISION-MADE ) ; HOLLOW MINING DRILL STEEL : *ARGENTINA , BRAZIL , SOUTH KOREA , VENEZUELA*2 006 493*GERMANY : 551 785*2 006 493*  *****BENELUX : 210 681**  *****FRANCE : 381 233**  *****ITALY : 290 941**  *****DENMARK : 100 324**  *****IRELAND : 10 032**  *****UNITED KINGDOM : 421 363**  *****GREECE : 40 129**  **A . NOT FURTHER WORKED THAN HOT-ROLLED OR EXTRUDED*****  **D . CLAD OR SURFACE-WORKED ( FOR EXAMPLE , POLISHED , COATED ) : *****  **I . NOT FURTHER WORKED THAN CLAD : *****  **A ) HOT-ROLLED OR EXTRUDED*****  4*73.11*ANGLES , SHAPES AND SECTIONS , OF IRON OR STEEL , HOT-ROLLED , FORGED , EXTRUDED , COLD-FORMED OR COLD-FINISHED ; SHEET PILING OF IRON OR STEEL , WHETHER OR NOT DRILLED , PUNCHED OR MADE FROM ASSEMBLED ELEMENTS : *YUGOSLAVIA*636 337*GERMANY : 174 993*1 908 900*  *****BENELUX : 66 815**  *****FRANCE : 120 904**  *****ITALY : 92 268**  *****DENMARK : 31 817**  *****IRELAND : 3 181**  *****UNITED KINGDOM : 133 630**  *****GREECE : 12 727**  **A . ANGLES , SHAPES AND SECTIONS : *****  **I . NOT FURTHER WORKED THAN HOT-ROLLED OR EXTRUDED*****  **IV . CLAD OR SURFACE-WORKED ( FOR EXAMPLE , POLISHED , COATED ) : *****  **A ) NOT FURTHER WORKED THAN CLAD : *****  **1 . HOT ROLLED OR EXTRUDED*****  **B . SHEET PILING*****  ORDER NO*CCT HEADING NO*DESCRIPTION*COMMUNITY TARIFF QUOTAS*CEILING ( EUA ) *  ***BENEFICIARY COUNTRIES OR TERRITORIES*INDIVIDUAL QUOTA AMOUNT ( EUA ) *AMOUNT OF SHARES ALLOCATED TO MEMBER STATES  ( EUA ) **   ( 1 ) * ( 2 ) * ( 3 ) * ( 4 ) * ( 5 ) * ( 6 ) * ( 7 ) *  5*73.13 (*)* SHEETS AND PLATES , OF IRON OR STEEL , HOT-ROLLED OR COLD-ROLLED : *ARGENTINA , BRAZIL , SOUTH KOREA , YUGOSLAVIA*5 500 000*GERMANY : 1 512 500*6 276 000*  *****BENELUX : 577 500**  *****FRANCE : 1 045 000**  *****ITALY : 797 500**  *****DENMARK : 275 000**  *****IRELAND : 27 500**  *****UNITED KINGDOM : 1 155 000**  *****GREECE : 110 000**  **A . " ELECTRICAL " SHEETS AND PLATES*****  **B . OTHER SHEETS AND PLATES : *****  **I . NOT FURTHER WORKED THAN HOT-ROLLED*****  **II . NOT FURTHER WORKED THAN COLD-ROLLED , OF A THICKNESS OF : *****  **B ) MORE THAN 1 MM BUT LESS THAN 3 MM*****  **C ) 1 MM OR LESS*****  **III . NOT FURTHER WORKED THAN BURNISHED , POLISHED OR GLAZED*****  **IV . CLAD , COATED OR OTHERWISE SURFACE-TREATED : *****  **B ) TINNED*****  **C ) ZINC-COATED OR LEAD-COATED*****  **D ) OTHER ( FOR EXAMPLE , COPPER-PLATED , ARTIFICIALLY OXIDIZED , LACQUERED , NICKEL-PLATED , VARNISHED , CLAD , PARKERIZED , PRINTED ) *****  **V . OTHERWISE SHAPED OR WORKED : *****  **A ) CUT INTO SHAPES OTHER THAN RECTANGULAR SHAPES , BUT NOT FURTHER WORKED : *****  **2 . OTHER*****  ORDER NO*CCT HEADING NO*DESCRIPTION*COMMUNITY TARIFF QUOTAS*CEILING ( EUA ) *  ***BENEFICIARY COUNTRIES OR TERRITORIES*INDIVIDUAL QUOTA AMOUNT ( EUA ) *AMOUNT OF SHARES ALLOCATED TO MEMBER STATES  ( EUA ) **   ( 1 ) * ( 2 ) * ( 3 ) * ( 4 ) * ( 5 ) * ( 6 ) * ( 7 ) *  6*73.15*ALLOY STEEL AND HIGH CARBON STEEL IN THE FORMS MENTIONED IN HEADING NOS 73.06 TO 73.14 : *BRAZIL , YUGOSLAVIA*5 564 100*GERMANY : 1 530 129*5 891 400*  *****BENELUX : 584 231**  *****FRANCE : 1 057 179**  *****ITALY : 806 795**  *****DENMARK : 278 205**  *****IRELAND : 27 820**  *****UNITED KINGDOM : 1 168 461**  *****GREECE : 111 282**  **A . HIGH CARBON STEEL : *****  **I . INGOTS , BLOOMS , BILLETS , SLABS AND SHEET BARS : *****  **B ) OTHER : *****  **2 . BLOOMS , BILLETS , SLABS AND SHEET BARS*****  **III . COILS FOR RE-ROLLING*****  **IV . UNIVERSAL PLATES*****  **V . BARS AND RODS ( INCLUDING WIRE ROD ) AND HOLLOW MINING DRILL STEEL ; ANGLES , SHAPES AND SECTIONS : *****  **B ) NOT FURTHER WORKED THAN HOT-ROLLED OR EXTRUDED*****  **D ) CLAD OR SURFACE-WORKED ( FOR EXAMPLE , POLISHED , COATED ) : *****  **1 . NOT FURTHER WORKED THAN CLAD : *****  **AA ) HOT-ROLLED OR EXTRUDED*****  **VI . HOOP AND STRIP : *****  **A ) NOT FURTHER WORKED THAN HOT-ROLLED*****  **C ) CLAD , COATED OR OTHERWISE SURFACE-TREATED : *****  **1 . NOT FURTHER WORKED THAN CLAD : *****  **AA ) HOT-ROLLED*****  ORDER NO*CCT HEADING NO*DESCRIPTION*COMMUNITY TARIFF QUOTAS*CEILING ( EUA ) *  ***BENEFICIARY COUNTRIES OR TERRITORIES*INDIVIDUAL QUOTA AMOUNT ( EUA ) *AMOUNT OF SHARES ALLOCATED TO MEMBER STATES  ( EUA ) **   ( 1 ) * ( 2 ) * ( 3 ) * ( 4 ) * ( 5 ) * ( 6 ) * ( 7 ) *  *73.15 ( CONT'D ) *VII . SHEETS AND PLATES : *****  **A ) NOT FURTHER WORKED THAN HOT-ROLLED*****  **B ) NOT FURTHER WORKED THAN COLD-ROLLED , OF A THICKNESS OF : *****  **2 . LESS THAN 3 MM*****  **C ) POLISHED , CLAD , COATED OR OTHERWISE SURFACE-TREATED*****  **D ) OTHERWISE SHAPED OR WORKED : *****  **1 . CUT INTO SHAPES OTHER THAN RECTANGULAR SHAPES , BUT NOT FURTHER WORKED*****  **B . ALLOY STEEL : *****  **I . INGOTS , BLOOMS , BILLETS , SLABS AND SHEET BARS : *****  **B ) OTHER : *****  **2 . BLOOMS , BILLETS , SLABS AND SHEET BARS*****  **III . COILS FOR RE-ROLLING*****  **IV . UNIVERSAL PLATES*****  **V . BARS AND RODS ( INCLUDING WIRE ROD ) AND HOLLOW MINING DRILL STEEL ; ANGLES , SHAPES AND SECTIONS : *****  **B ) NOT FURTHER WORKED THAN HOT-ROLLED OR EXTRUDED*****  **D ) CLAD OR SURFACE-WORKED ( FOR EXAMPLE , POLISHED , COATED ) : *****  **1 . NOT FURTHER WORKED THAN CLAD : *****  **AA ) HOT-ROLLED OR EXTRUDED*****  ORDER NO*CCT HEADING NO*DESCRIPTION*COMMUNITY TARIFF QUOTAS*CEILING ( EUA ) *  ***BENEFICIARY COUNTRIES OR TERRITORIES*INDIVIDUAL QUOTA AMOUNT ( EUA ) *AMOUNT OF SHARES ALLOCATED TO MEMBER STATES  ( EUA ) *CEILING ( EUA ) *   ( 1 ) * ( 2 ) * ( 3 ) * ( 4 ) * ( 5 ) * ( 6 ) * ( 7 ) *  *73.15 ( CONT'D ) *VI . HOOP AND STRIP : *****  **A ) NOT FURTHER WORKED THAN HOT-ROLLED*****  **C ) CLAD , COATED OR OTHERWISE SURFACE-TREATED : *****  **1 . NOT FURTHER WORKED THAN CLAD : *****  **AA ) HOT-ROLLED*****  **VII . SHEETS AND PLATES : *****  **A ) " ELECTRICAL " SHEETS AND PLATES*****  **B ) OTHER SHEETS AND PLATES : *****  **1 . NOT FURTHER WORKED THAN HOT-ROLLED*****  **2 . NOT FURTHER WORKED THAN COLD-ROLLED , OF A THICKNESS OF : *****  **BB ) LESS THAN 3 MM*****  **3 . POLISHED , CLAD , COATED OR OTHERWISE SURFACE-TREATED*****  **4 . OTHERWISE SHAPED OR WORKED : *****  **AA ) CUT INTO SHAPES OTHER THAN RECTANGULAR SHAPES , BUT NOT FURTHER WORKED*****  ANNEX B  LIST OF PRODUCTS IN RESPECT OF WHICH THE COMMON CUSTOMS TARIFF DUTIES ARE COMPLETELY SUSPENDED UNDER THE GENERALIZED TARIFF PREFERENCES GRANTED TO DEVELOPING COUNTRIES AND TERRITORIES  ORDER NO*CCT HEADING NO*DESCRIPTION*  1*73.09*UNIVERSAL PLATES OF IRON OR STEEL*  2*73.12*HOOP AND STRIP , OF IRON OR STEEL , HOT-ROLLED OR COLD-ROLLED : *  **A . NOT FURTHER WORKED THAN HOT-ROLLED*  **B . NOT FURTHER WORKED THAN COLD-ROLLED : *  **I . IN COILS FOR THE MANUFACTURE OF TINPLATE*  **C . CLAD , COATED OR OTHERWISE SURFACE-TREATED : *  **III . TINNED : *  **A ) TINPLATE*  **V . OTHER ( FOR EXAMPLE , COPPER-PLATED , ARTIFICIALLY OXIDIZED , LACQUERED , NICKEL-PLATED , VARNISHED , CLAD , PARKERIZED , PRINTED ) : *  **A ) NOT FURTHER WORKED THAN CLAD : *  **1 . HOT-ROLLED*  3*73.16*RAILWAY AND TRAMWAY TRACK CONSTRUCTION MATERIAL OF IRON OR STEEL , THE FOLLOWING : RAILS , CHECK-RAILS , SWITCH BLADES , CROSSINGS ( OR FROGS ) , CROSSING PIECES , POINT RODS , RACK RAILS , SLEEPERS , FISH-PLATES , CHAIRS , CHAIR-WEDGES , SOLE PLATES ( BASE PLATES ) , RAIL CLIPS , BEDPLATES , TIES , AND OTHER MATERIAL SPECIALIZED FOR JOINING OR FIXING RAILS : *  **A . RAILS : *  **II . OTHER*  **B . CHECK-RAILS*  **C . SLEEPERS*  **D . FISH-PLATES AND SOLE PLATES : *  **I . ROLLED*  ANNEX C  LIST OF DEVELOPING COUNTRIES AND TERRITORIES ENJOYING GENERALIZED TARIFF PREFERENCES ( 1 )  I . INDEPENDENT COUNTRIES  660 AFGHANISTAN ( 2 )  208 ALGERIA  330 ANGOLA  528 ARGENTINA  453 BAHAMAS  640 BAHRAIN  666 BANGLADESH ( 2 )  469 BARBADOS  284 BENIN ( 2 )  675 BHUTAN ( 2 )  516 BOLIVIA  391 BOTSWANA ( 2 )508 BRAZIL  676 BURMA  328 BURUNDI ( 2 )  302 CAMEROON  306 CENTRAL AFRICAN REPUBLIC ( 2 )  244 CHAD ( 2 )  512 CHILE  720 CHINA  480 COLOMBIA  375 COMOROS ( 2 )  318 CONGO  436 COSTA RICA  448 CUBA  600 CYPRUS  460 DOMINICA  456 DOMINICAN REPUBLIC  500 ECUADOR  220 EGYPT  428 EL SALVADOR  310 EQUATORIAL GUINEA ( 2 )  334 ETHIOPIA ( 2 )  815 FIJI  314 GABON  252 GAMBIA ( 2 )  276 GHANA  473 GRENADA  416 GUATEMALA  260 GUINEA ( 2 )  257 GUINEA BISSAU ( 2 )  488 GUYANA  452 HAITI ( 2 )  424 HONDURAS  664 INDIA  700 INDONESIA  616 IRAN  612 IRAQ  272 IVORY COAST  464 JAMAICA  338 JIBUTI ( 2 )  628 JORDAN  696 KAMPUCHEA ( CAMBODIA )  346 KENYA  812 KIRIBATI  636 KUWAIT  684 LAOS ( 2 )  604 LEBANON  395 LESOTHO ( 2 )  268 LIBERIA  216 LIBYA  370 MADAGASCAR  386 MALAWI ( 2 )  701 MALAYSIA  667 MALDIVES ( 2 )  232 MALI ( 2 )  228 MAURITANIA  373 MAURITIUS  412 MEXICO  204 MOROCCO  366 MOZAMBIQUE  803 NAURU  672 NEPAL ( 2 )  432 NICARAGUA  240 NIGER ( 2 )  288 NIGERIA  652 NORTH YEMEN ( 2 )  649 OMAN  662 PAKISTAN  442 PANAMA  801 PAPUA NEW GUINEA  520 PARAGUAY  504 PERU  708 PHILIPPINES  644 QATAR  247 REPUBLIC OF CAPE VERDE ( 2 )  324 RWANDA ( 2 )  819 WESTERN SAMOA ( 2 )  311 SAO TOME AND PRINCIPE ( 2 )  632 SAUDI ARABIA  248 SENEGAL  355 SEYCHELLES AND DEPENDENCIES ( 2 )  264 SIERRA LEONE  706 SINGAPORE  806 SOLOMON ISLANDS  342 SOMALIA ( 2 )  728 SOUTH KOREA  656 SOUTH YEMEN ( 2 )  669 SRI LANKA  465 ST LUCIA  467 ST VINCENT  224 SUDAN ( 2 )  492 SURINAM  393 SWAZILAND  608 SYRIA  352 TANZANIA ( 2 )  680 THAILAND  280 TOGO  817 TONGA ( 2 )  472 TRINIDAD AND TOBAGO  212 TUNISIA  807 TUVALU  350 UGANDA ( 2 )  647 UNITED ARAB EMIRATES  236 UPPER VOLTA ( 2 )  524 URUGUAY  816 VANUATU  484 VENEZUELA  690 VIETNAM  048 YUGOSLAVIA  322 ZAIRE  378 ZAMBIA  382 ZIMBABWE  II . COUNTRIES AND TERRITORIES  DEPENDENT OR ADMINISTERED , OR FOR WHOSE EXTERNAL RELATIONS MEMBER STATES OF THE COMMUNITY OR THIRD COUNTRIES ARE WHOLLY OR PARTLY RESPONSIBLE  808 AMERICAN OCEANIA ( 3 )  802 AUSTRALIAN OCEANIA ( CHRISTMAS ISLAND , COCOS  ( KEELING ) ISLANDS HEARD ISLAND AND MCDONALD ISLANDS , NORFOLK ISLAND )  421 BELIZE  413 BERMUDA  357 BRITISH INDIAN OCEAN TERRITORY  703 BRUNEI  463 CAYMAN ISLANDS  529 FALKLAND ISLANDS AND DEPENDENCIES  822 FRENCH POLYNESIA  044 GIBRALTAR  740 HONG KONG  743 MACAO  377 MAYOTTE  476 NETHERLANDS ANTILLES  809 NEW CALEDONIA AND DEPENDENCIES  814 NEW ZEALAND OCEANIA ( TOKELAU UND NIUE ISLANDS ; COOK ISLANDS )  813 PITCAIRN  890 POLAR REGIONS ( FRENCH SOUTHERN AND ANTARCTIC TERRITORIES , AUSTRALIAN ANTARCTIC TERRITORIES , BRITISH ANTARCTIC TERRITORIES )  329 ST HELENA AND DEPENDENCIES  454 TURKS AND CAICOS ISLANDS  457 VIRGIN ISLANDS OF THE UNITED STATES  811 WALLIS AND FUTUNA ISLANDS  451 WEST INDIES  NOTE : THE ABOVE LISTS MAY BE AMENDED SUBSEQUENTLY TO TAKE ACCOUNT OF CHANGES IN THE INTERNATIONAL STATUS OF COUNTRIES OR TERRITORIES .  ( 1 ) THE CODE NUMBER PRECEDING THE NAME OF EACH BENEFICIARY COUNTRY OR TERRITORY IS THAT GIVEN IN  " GEONOMENCLATURE 1980 " ( REGULATION ( EEC ) NO 2566/79 - OJ NO L 294 , 21 . 11 . 1979 , P . 5 ) .  ( 2 ) THIS COUNTRY IS ALSO INCLUDED IN ANNEX D .  ( 3 ) AMERICAN OCEANIA INCLUDES : GUAM , AMERICAN SAMOA  ( INCLUDING SWAIN'S ISLAND ) , MIDWAY ISLANDS , JOHNSTON AND SAND ISLANDS , WAKE ISLAND AND THE TRUST TERRITORY OF THE PACIFIC ISLANDS ( THE CAROLINE , MARIANAS AND MARSHALL ISLANDS ) .  ANNEX D  LIST OF LEAST DEVELOPED DEVELOPING COUNTRIES  660 AFGHANISTAN  666 BANGLADESH  284 BENIN  675 BHUTAN  391 BOTSWANA  328 BURUNDI  306 CENTRAL AFRICAN REPUBLIC  244 CHAD  375 COMOROS  310 EQUATORIAL GUINEA  334 ETHIOPIA  252 GAMBIA  260 GUINEA  257 GUINEA BISSAU  452 HAITI  338 JIBUTI  684 LAOS  395 LESOTHO  386 MALAWI  667 MALDIVES  232 MALI  672 NEPAL  240 NIGER  652 NORTH YEMEN  247 REPUBLIC OF CAPE VERDE  324 RWANDA  819 WESTERN SAMOA  311 SAO TOME AND PRINCIPE  355 SEYCHELLES AND DEPENDENCIES  342 SOMALIA  656 SOUTH YEMEN  224 SUDAN  352 TANZANIA  817 TONGA  350 UGANDA  236 UPPER VOLTA


title: 2008/695/EC: Commission Decision of 29 August 2008 declaring operational the Regional Advisory Council for Mediterranean Sea under the Common Fisheries Policy

text:
               30.8.2008

               EN

               Official Journal of the European Union

               L 232/12

      COMMISSION DECISION

   of 29 August 2008
   declaring operational the Regional Advisory Council for Mediterranean Sea under the Common Fisheries Policy
   (2008/695/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Decision 2004/585/EC of 19 July 2004 establishing Regional Advisory Councils under the Common Fisheries Policy (1), and in particular Article 3(3) thereof,
   Having regard to the recommendation transmitted by Italy on 16 May 2008 on behalf of Spain, France, Greece, Malta, Slovenia and Cyprus,
   Whereas:

               (1)

               Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (2) and Decision 2004/585/EC provide the framework for the establishment and operation of Regional Advisory Councils.

               (2)

               Article 2 of Decision 2004/585/EC establishes a Regional Advisory Council to cover the Mediterranean Sea.

               (3)

               In accordance with Article 3(1) of Decision 2004/585/EC, representatives of the fisheries sector and other interests groups submitted a request concerning the operation of that Regional Advisory Council to Greece, Spain, France, Cyprus, Malta, and Slovenia.

               (4)

               As required by Article 3(2) of Decision 2004/585/EC, the Member States concerned determined whether the application concerning the Regional Advisory Council for the Mediterranean Sea was in conformity with the provisions laid down in that Decision. On 16 May 2008, the Member States concerned transmitted a recommendation on that Regional Advisory Council to the Commission.

               (5)

               The Commission has evaluated the application by the interested parties and the recommendation in the light of Decision 2004/585/EC and the aims and principles of the Common Fisheries Policy, and considers that the Regional Advisory Council for the Mediterranean Sea is ready to become operational,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The Regional Advisory Council for the Mediterranean Sea, established by Article 2(1)(b) of Decision 2004/585/EC, shall be operational as from 15 September 2008.

      Done at Brussels, 29 August 2008.

            For the Commission

         Joe BORG

            Member of the Commission

      (1)  OJ L 256, 3.8.2004, p. 17. Decision as amended by Decision 2007/409/EC (OJ L 155, 15.6.2007, p. 68).

      (2)  OJ L 358, 31.12.2002, p. 59. Regulation as amended by Regulation (EC) No 865/2007 (OJ L 192, 24.7.2007, p. 1).


title: Council Decision of 20 February 1978 appointing a member of the Consultative Committee of the European Coal and Steel Community

text:
No L 54/ 30                      Official Journal of the European Communities                           25. 2. 78
                                             COUNCIL DECISION
                                              of 20 February 1978
            appointing a member of the Consultative Committee of the European Coal and
                                                Steel Community
                                                  (78/ 179/ECSC)
            THE COUNCIL OF THE EUROPEAN COMMUNITIES,
            Having regard to the Treaty establishing the European Coal and Steel Community, and in
            particular Article 18 thereof,
            Having regard to the Council Decisions of 1 June 1976 and 10 July 1976 designating the
            representative organizations responsible for drawing up lists of candidates for the Consul
            tative Committee of the European Coal and Steel Community,
            Having regard to the Council Decision of 10 July 1976 appointing the members of the
            Consultative Committee of the European Coal and Steel Community for the period
            ending 9 July 1978 ,
            Whereas the Council was informed on 30 November 1977 that a seat on the above
            Committee in the consumers' and dealers' representatives category had become vacant as
            a result of the death of Commander Hamer,
            Having regard to the nomination submitted by the United Kingdom Government on 9
            February 1978 ,
            HAS DECIDED AS FOLLOWS :
                                                    Sole Article
            Mr Gordon Kennedy is hereby appointed member of the Consultative Committee of the
            European Coal and Steel Community in place of Commander Hamer for the remainder
            of the latter's term of office, which runs until 9 July 1978 .
             Done at Brussels, 20 February 1978 .
                                                                         For the Council
                                                                          The President
                                                                         Per H^EKKERUP


title: 2006/398/EC: Council Decision of  20 March 2006  on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the People's Republic of China pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the European Union

text:
               8.6.2006

               EN

               Official Journal of the European Union

               L 154/22

         COUNCIL DECISION
   of 20 March 2006
   on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the People's Republic of China pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the European Union
   (2006/398/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On 22 March 2004 the Council authorised the Commission to open negotiations with certain other Members of the World Trade Organisation (WTO) under Article XXIV:6 of the General Agreement on Tariffs and Trade (GATT) 1994, in the course of the accessions to the European Union of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic.

               (2)

               Negotiations have been conducted by the Commission in consultation with the Committee established by Article 133 of the Treaty and within the framework of the negotiating directives issued by the Council.

               (3)

               The Commission has finalised negotiations for an Agreement in the form of an Exchange of Letters between the European Community and the People's Republic of China. The said Agreement should therefore be approved.

               (4)

               The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (1),

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement in the form of an Exchange of Letters between the European Community and the People's Republic of China pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the European Union, is hereby approved on behalf of the Community.
   The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.
   Article 2
   The Commission shall adopt the detailed rules for implementing the Agreement in the form of an Exchange of Letters in accordance with the procedure laid down in Article 3(2) of this Decision.
   Article 3
   1.   The Commission shall be assisted by the Management Committee for Cereals instituted by Article 25 of Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (2) or the relevant committee instituted by the corresponding Article of the Regulation for the common market organisation for the product concerned.
   2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
   The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.
   3.   The Committee shall adopt its Rules of Procedure.
   Article 4
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Community (3).

      Done at Brussels, 20 March 2006.

            For the Council

            The President

         U. PLASSNIK

      (1)  OJ L 184, 17.7.1999, p. 23.

      (2)  OJ L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

      (3)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union.
    ---documentbreak---

               8.6.2006

               EN

               Official Journal of the European Union

               L 154/24

         AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS
   between the European Community and the People's Republic of China pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the European Union
   Brussels,
   Sir,
   Following the initiation of negotiations between the European Communities (EC) and the People's Republic of China under Article XXIV:6 and Article XXVIII of GATT 1994 for the modification of concessions in the schedules of Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the EU, the following is agreed between the EC and the People's Republic of China in order to close the negotiations opened following the EC's notification of 19 January 2004 to the WTO pursuant to Article XXIV:6 of GATT 1994.
   The EC agrees to incorporate in its schedule for the customs territory of EC 25 the concessions that were included in its previous schedule.
   The EC agrees that it will incorporate in its schedule for the EC 25 the concessions contained in the annex to this agreement.
   This Agreement shall enter into force on the date on which the EC receives from the People's Republic of China a duly executed letter of agreement, following consideration by the parties in accordance with their own procedures. The EC undertakes to use its best endeavours to ensure that the appropriate implementing measures enter into force no later than 1 January 2006 and under no circumstances later than 1 July 2006.
   Please accept, Sir, the assurance of my highest consideration.

         On behalf of the European Community

      ANNEX
      0304 20 85 (frozen fillets of Alaska Pollack): a lowering of the current bound EC duty of 15 % to 13,7 %.
      Add 20 500 tonnes to the allocation for China under the EC tariff rate quota for garlic, fresh or chilled, tariff item number 0703 20 00, in quota rate 9,6 %, out of quota rate 9,6 + EUR 120/100 kg/net.
      Add 5 200 tonnes (drained net weight) in EC tariff rate quota for mushroom of species agaricus, prepared or preserved otherwise than by vinegar (tariff item number 2003 10 30, out of quota rate 18,4 + EUR 222/100 kg/net eda) and mushroom of species agaricus, provisionally preserved or preserved otherwise than by vinegar (tariff item number 2003 10 20, out of quota rate 18,4 + EUR 191/100 kg/net eda), in quota rate 23 %; inclusion of tariff line 0711 90 40 (out of quota rate 9,6 + EUR 191/100 kg/net eda) in the quota.
      6402 19 00 (sports footwear): a lowering of the current bound EC duty of 17 % to 16,9 %.
      6402 91 00 (footwear covering the ankle): a lowering of the current bound EC duty of 17 % to 16,9 %.
      6404 11 00 (sports footwear): a lowering of the current bound EC duty of 17 % to 16,9 %.
      6404 19 10 (slippers and other indoor footwear): a lowering of the current bound EC duty of 17 % to 16,9 %.
      6402 99 (the category: footwear other): a lowering of the current bound EC duty of 17 % to 16,8 %.
      8482 91 90 (balls, needles and rollers): a lowering of the current bound EC duty of 8 % to 7,7 %.
      8521 90 00 (video recording apparatus, other): a lowering of the current bound EC duty of 14 % to 13,9 %.
      8712 00 30 (bicycles not motorised): a lowering of the current bound EC duty of 15 % to 14 %.
      Open a tariff rate quota of 7 tonnes (erga omnes) for paddy rice (tariff item number 1006 10), in quota rate 15 %, out of quota rate EUR 211/tonne.
      Open a tariff rate quota of 1 634 tonnes (erga omnes) for husked rice (tariff item number 1006 20), in quota rate 15 %, out of quota rate EUR 65/tonne.
      Add 25 516 tonnes (erga omnes) in EC tariff rate quota for milled and semi-milled rice (tariff item number 1006 30), in quota rate 0 %, out of quota rate EUR 175/tonne.
      Add 31 788 tonnes (erga omnes) in EC tariff rate quota for broken rice (tariff item number 1006 40), in quota rate 0 %, out of quota rate EUR 128/tonne.
      Open a tariff rate quota of 2 838 tonnes (erga omnes) for preserved pineapples, citrus fruit, pears, apricots, cherries, peaches and strawberries, in quota rate 20 %. Tariff item numbers and out of quota rates as follows:

                  2008 20 11: 25,6 + 2,5 EUR/100 kg/net

                  2008 20 19: 25,6

                  2008 20 31: 25,6 + 2,5 EUR/100 kg/net

                  2008 20 39: 25,6

                  2008 20 71: 20,8

                  2008 30 11: 25,6

                  2008 30 19: 25,6 + 4,2 EUR/100 kg net

                  2008 30 31: 24

                  2008 30 39: 25,6

                  2008 30 79: 20,8

                  2008 40 11: 25,6

                  2008 40 19: 25,6 + 4,2 EUR/100 kg/net

                  2008 40 21: 24

                  2008 40 29: 25,6

                  2008 40 31: 25,6 + 4,2 EUR/100 kg/net

                  2008 40 39: 25,6

                  2008 50 11: 25,6

                  2008 50 19: 25,6 + 4,2 EUR/100 kg/net

                  2008 50 31: 24

                  2008 50 39: 25,6

                  2008 50 51: 25,6 + 4,2 EUR/100 kg/net

                  2008 50 59: 25,6

                  2008 50 71: 20,8

                  2008 60 11: 25,6

                  2008 60 19: 25,6 + 4,2 EUR/100 kg/net

                  2008 60 31: 24

                  2008 60 39: 25,6

                  2008 60 60: 20,8

                  2008 70 11: 25,6

                  2008 79 19: 25,6 + 4,2 EUR/100 kg/net

                  2008 70 31: 24

                  2008 70 39: 25,6

                  2008 70 51: 25,6 + 4,2 EUR/100 kg/net

                  2008 70 59: 25,6

                  2008 80 11: 25,6

                  2008 80 19: 25,6 + 4,2 EUR/100 kg/net

                  2008 80 31: 24

                  2008 80 39: 25,6

                  2008 80 70: 20,8

            The exact tariff description of the EC 15 shall apply to all tariff lines above.

   Beijing,
   Sir,
   Reference is made to your letter stating:

      ‘Following the initiation of negotiations between the European Communities (EC) and the People's Republic of China under Article XXIV:6 and Article XXVIII of GATT 1994 for the modification of concessions in the schedules of Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the EU, the following is agreed between the EC and the People's Republic of China in order to close the negotiations opened following the EC's notification of 19 January 2004 to the WTO pursuant to Article XXIV:6 of GATT 1994.
      The EC agrees to incorporate in its schedule for the customs territory of EC 25, the concessions that were included in its previous schedule.
      The EC agrees that it will incorporate in its schedule for the EC 25 the concessions contained in the annex to this agreement.
      This Agreement shall enter into force on the date on which the EC receives from the People's Republic of China a duly executed letter of agreement, following consideration by the parties in accordance with their own procedures. The EC undertakes to use its best endeavours to ensure that the appropriate implementing measures enter into force no later than 1 January 2006 and under no circumstances later than 1 July 2006.’

   I hereby have the honour to express my Government's agreement.
   Please accept, Sir, the assurance of my highest consideration.

         On behalf of the People's Republic of China


Avis juridique important

|

31991D0121

91/121/EEC: Council Decision of 25 February 1991 concerning the conclusion of a Cooperation Agreement between the European Economic Community and the Swiss Confederation on a European Stimulation Plan for Economic Science (SPES)

Official Journal L 061 , 07/03/1991 P. 0025

COUNCIL DECISION of 25 February 1991 concerning the conclusion of a Cooperation Agreement between the European Economic Community and the Swiss Confederation on a European Stimulation Plan for Economic Science (SPES) (91/121/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Article 130q (2) thereof,Having regard to the proposal from the Commission (1),In cooperation with the European Parliament (2),Having regard to the opinion of the Economic and Social Committee (3),Whereas by Decision 89/118/EEC (4), the Council adopted a European Stimulation Plan for Economic Science (1989 to 1992); whereas Article 5 of this Decision authorizes the Commission to negotiate agreements with third countries and in particular with those European countries having concluded framework agreements for scientific and technical cooperation with the Community with a view to associating them wholly or partly with the programme;Whereas by Decision 87/177/EEC (5), the Council approved the conclusion on behalf of the European Economic Community of the Framework Agreement for scientific and technical cooperation between the European Communities and, among others, the Swiss Confederation;Whereas the Cooperation Agreement between the European Economic Community and the Swiss Confederation on a European Stimulation Plan for Economic Science (SPES) should be approved,HAS DECIDED AS FOLLOWS: Article 1The Cooperation Agreement between the European Economic Community and the Swiss Confederation on a European Stimulation Plan for Economic Science (SPES) is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision. Article 2The President of the Council shall carry out the notification as provided for in Article 10 of the Agreement.Done at Brussels, 25 February 1991.For the CouncilThe PresidentJ.-C. JUNCKER(1) OJ N° C 148, 16. 6. 1990, p. 25.(2) OJ N° C 284, 12. 11. 1990, p. 75 and Decision of 24 January 1991 (not yet published in the Official Journal).(3) OJ N° C 31, 6. 2. 1991, p. 37.(4) OJ N° L 44, 16. 2. 1989, p. 43.(5) OJ N° L 71, 14. 3. 1987, p. 29.


title: 2009/518/EC: Council Decision of 25 June 2009 appointing one UK alternate member of the Committee of the Regions

text:
               3.7.2009

               EN

               Official Journal of the European Union

               L 173/12

      COUNCIL DECISION

   of 25 June 2009
   appointing one UK alternate member of the Committee of the Regions
   (2009/518/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal of the Government of the United Kingdom,
   Whereas:

               (1)

               On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

               (2)

               An alternate member’s seat on the Committee of the Regions has become vacant following the expiry of the mandate of Ms Muriel BARKER,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following is hereby appointed to the Committee of the Regions as an alternate member for the remainder of the current term of office, which runs until 25 January 2010:
   Mr Roger STONE, Councillor for Rotherham, Yorkshire and Humberside region, England.
   Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Luxembourg, 25 June 2009.

            For the Council

            The President

         L. MIKO

      (1)  OJ L 56, 25.2.2006, p. 75.


title: Decision (EU) 2016/1507 of the European Parliament of 28 April 2016 on discharge in respect of the implementation of the budget of the European Banking Authority for the financial year 2014

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/216

         DECISION (EU) 2016/1507 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on discharge in respect of the implementation of the budget of the European Banking Authority for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Banking Authority for the financial year 2014,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Banking Authority for the financial year 2014, together with the Authority’s reply (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2014, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council’s recommendation of 12 February 2016 on discharge to be given to the Authority in respect of the implementation of the budget for the financial year 2014 (05584/2016 – C8-0086/2016),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (4), and in particular Article 64 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5),

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (6), and in particular Article 108 thereof,

               —

               having regard to Rule 94 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Economic and Monetary Affairs (A8-0090/2016),

               1.

               Grants the Executive Director of the European Banking Authority discharge in respect of the implementation of the Authority’s budget for the financial year 2014;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Executive Director of the European Banking Authority, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 409, 9.12.2015, p. 111.

      (2)  See footnote 1.

      (3)  OJ L 298, 26.10.2012, p. 1.

      (4)  OJ L 331, 15.12.2010, p. 12.

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

      (6)  OJ L 328, 7.12.2013, p. 42.


Commission decision - Non-automatic carryover of non-differentiated appropriations from 2005 to 2006