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32003D0039

2003/39/EC: Council Decision of 10 December 2002 appointing a full member of the Committee of the Regions

Official Journal L 013 , 18/01/2003 P. 0021 - 0021

Council Decisionof 10 December 2002appointing a full member of the Committee of the Regions(2003/39/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 Council Decision of 22 January 2002(1) appointing the members and alternate members of the Committee of the Regions,Whereas a seat as a full member of the Committee of the Regions has become vacant following the resignation of Mr J.W. van der SLUYS, notified to the Council on 22 August 2002,Having regard to the proposal from the Netherlands Government,HAS DECIDED AS FOLLOWS:Sole ArticleMr Bas VERKERK is hereby appointed a full member of the Committee of the Regions in place of Mr J.W. van der SLUYS for the remainder of his term of office, which runs until 25 January 2006.Done at Brussels, 10 December 2002.For the CouncilThe PresidentP. S. Møller(1) OJ L 24, 26.1.2002, p. 38.


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32000D0818

2000/818/EC: Commission Decision of 19 December 2000 accepting an undertaking offered in connection with the anti-dumping proceedings concerning imports of polyester staple fibres originating in India and the Republic of Korea (notified under document number C(2000) 3905)

Official Journal L 332 , 28/12/2000 P. 0116 - 0116

Commission Decisionof 19 December 2000accepting an undertaking offered in connection with the anti-dumping proceedings concerning imports of polyester staple fibres originating in India and the Republic of Korea(notified under document number C(2000) 3905)(2000/818/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1), as last amended by Regulation (EC) No 2238/2000(2), (the "basic Regulation"), and in particular Articles 8 and 9 thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE(1) By Regulation (EC) No 1472/2000(3), the Commission imposed provisional anti-dumping duties on imports into the Community of polyester staple fibres ("PSF") originating in India and the Republic of Korea.(2) Following the adoption of the provisional anti-dumping measures, the Commission continued the investigation of dumping, injury and Community interest. The definitive findings and conclusions of the investigation are set out in Council Regulation (EC) No 2852/2000(4) imposing definitive anti-dumping duties on imports of PSF originating in India and the Republic of Korea.(3) The investigation confirmed the provisional findings of injurious dumping relating to imports originating in India and the Republic of Korea.B. UNDERTAKING(4) Subsequent to the adoption of provisional anti-dumping measures, one exporting producer in India that participated in the investigation offered an undertaking. According to this undertaking, the exporting producer in question has offered to sell to its unrelated customers in the Community at a minimum price.(5) The Commission considers that the undertaking offered by the Indian company, Reliance Industries Limited, can be accepted since it eliminates the injurious effects of dumping. Moreover, the regular and detailed reports which the company undertook to provide to the Commission will allow effective monitoring and the structure of the company is such that the Commission considers that the risk of circumvention of the undertaking will be limited.(6) In order to ensure the effective respect and monitoring of the undertaking, when the request for release for free circulation pursuant to the undertaking is presented to the relevant customs authority, exemption from the duty should be conditional upon presentation of a commercial invoice containing the information listed in the Annex to Council Regulation (EC) No 2852/2000 which is necessary for customs to ascertain that shipments correspond to the commercial documents at the required level of detail. Where no such invoice is presented, or when it does not correspond to the product presented to customs, the appropriate rate of anti-dumping duty should instead be payable.(7) In the event of a suspected breach, breach or withdrawal of the undertaking an anti-dumping duty may be imposed, pursuant to Article 8(9) and (10) of the basic Regulation,HAS ADOPTED THIS DECISION:Article 1The undertaking offered by Reliance Industries Limited, Mumbai India (TARIC additional code A212), in the framework of the anti-dumping proceedings concerning imports of polyester staple fibres originating in India and the Republic of Korea is hereby accepted.Article 2This Decision shall enter into force the day after its publication in the Official Journal of the European Communities.This Decision shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 19 December 2000.For the CommissionPascal LamyMember of the Commission(1) OJ L 56, 6.3.1996, p. 1.(2) OJ L 257, 11.10.2000, p. 2.(3) OJ L 166, 6.7.2000, p. 1.(4) See page 17 of this Official Journal.


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31994D0733

94/733/EC: Council Decision of 11 July 1994 on the conclusion of an Agreement in the form of an Exchange of Letters concerning fish, amending the Interim Agreement on trade and trade-related matters between the European Economic Community and European Coal and Steel Community, of the one part, and the Czech and Slovak Federal Republic, of the other part, and the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Slovak Republic, of the other part

Official Journal L 294 , 15/11/1994 P. 0026 - 0026 Finnish special edition: Chapter 4 Volume 6 P. 0138  Swedish special edition: Chapter 4 Volume 6 P. 0138

COUNCIL DECISION of 11 July 1994 on the conclusion of an Agreement in the form of an exchange of letters concerning fish, amending the Interim Agreement on trade and trade-related matters between the European Economic Community and European Coal  and Steel Community, of the one part, and the Czech and Slovak Federal Republic, of the other part, and the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Slovak Republic,  of the other part (94/733/EC)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with Article 228 (2) thereof,  Having regard to the proposal from the Commission,  Whereas it is desirable to amend by means of an Agreement in the form of an exchange of letters with the Slovak Republic the Interim Agreement on trade and trade-related matters between the European Economic Community and European Coal and Steel  Community, of the one part, and the Czech and Slovak Federal Republic, of the other part (1), and the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Slovak Republic, of the  other part, so as to provide for duty-free quotas for the importation into the Community of live trout and carp originating in the Slovak Republic, and for the importation into the Slovak Republic of frozen mackerel originating in the Community,  HAS DECIDED AS FOLLOWS:   Article 1  The Agreement in the form of an exchange of letters between the European Community and the Slovak Republic concerning fish, amending Article 17 of the Interim Agreement on trade and trade-related matters between the European Economic  Community and European Coal and Steel Community, of the one part, and the Czech and Slovak Federal Republic, of the other part, and Article 24 of the Europe Agreement establishing an association between the European Communities and their Member States,  of the one part, and the Slovak Republic, of the other part, and adding an Annex XVa and an Annex XVb to those Agreements is hereby approved on behalf of the European Community.  The text of the Agreement is attached to this Decision.   Article 2  The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community.  Done at Brussels, 11 July 1994.  For the Council The President Th. WAIGEL  (1) OJ No L 115, 30. 4. 1992, p. 2.


title: 76/250/ECSC: Decision of the representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council of 23 February 1976 extending Decision 75/371/ECSC opening tariff preferences for products within the province of that Community originating in the African, Caribbean and Pacific States and in the overseas countries and territories associated with the Community

text:
26 . 2 . 76                           Official Journal of the European Communities                              No L 50/23
                                                              II
                                         (Acts whose publication is not obligatory)
                                                     COUNCIL
              DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE
              MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY
                                          MEETING WITHIN THE COUNCIL
                                                   of 23 February 1976
              extending Decision 75 /37 1 / ECSC opening tariff preferences for products within
              the province of that Community originating in the African , Caribbean and
              Pacific States and in the overseas countries and territories associated with the
                                                        Community
                                                       (76/ 250/ECSC)
THE REPRESENTATIVES OF THE GOVERNMENTS OF                         and Pacific States and the overseas countries and terri
THE MEMBER STATES OF THE EUROPEAN COAL                            tories associated with the Community (2), the tariff
AND STEEL COMMUNITY, MEETING WITHIN THE                           suspensions contained in the Agreement have been
COUNCIL,
                                                                  applied autonomously ;
Whereas the Member States have concluded among                    Whereas this Decision also applies to the overseas
themselves the Treaty establishing the European Coal              countries and territories ;
and Steel Community ;
                                                                  Whereas, since the Agreement will not enter into
Whereas the Agreement on products within the                      force on 1 March 1976, the Community and the ACP
province of the European Coal and Steel Commu                    States have decided to continue autonomously to
nity ('), hereinafter called the 'Agreement', between             apply certain provisions thereof beyond 29 February
the Member States of that Community and the                        1976 ;
African , Caribbean      and    Pacific States, hereinafter
called the 'ACP States', was signed on 28 February                Whereas the tariff suspensions in favour of the over
 1975 at the same time as the ACP-EEC Convention                  seas countries and territories should also continue to
of Lome and whereas that Agreement is subject to rati            be applied autonomously ;
fication ;
                                                                  In agreement with the Commission ,
Whereas when the Agreement was signed the Euro
pean Economic Community, its Member States and                    HAVE DECIDED AS FOLLOWS :
the ACP States agreed in an exchange of letters to
apply autonomously, from 1 July 1975 and until the                                        Sole Article
entry into force of the Convention or until 29                    In the first paragraph of Article 4 of Decision 75/371 /
February 1976 at the latest certain provisions of the             ECSC the date '29 February 1976' shall be replaced by
Convention relating to trade in goods ;                           the date '31 July 1976'.
Whereas by virtue of Decision 75/371 / ECSC of the
representatives of the Governments of the Member                  Done at Brussels, 23 February 1976 .
States of the European Coal and Steel Community,
meeting within the Council , of 24 June 1975 opening                                               The President
tariff preferences for products within the province of
that Community originating in the African , Caribbean                                                G. THORN
(') OJ No L 25, 30 . 1 . 1976 , p. 144 .                          (2 ) OJ No L 166, 28 . 6 . 1975, p. 83 .


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E1994C0073

EFTA SURVEILLANCE AUTHORITY DECISION No 73/94/COL of 27 June 1994 concerning the approval of an eradication programme for infectious bovine rhinotracheitis in Sweden and laying down additional guarantees relating to infectious bovine rhinotracheitis for bovines destined for Sweden

Official Journal L 247 , 22/09/1994 P. 0048 - 0049

EFTA SURVEILLANCE AUTHORITY DECISION No 73/94/COL of 27 June 1994 concerning the approval of an eradication programme for infectious bovine rhinotracheitis in Sweden and laying down additional guarantees relating to infectious bovine rhinotracheitis for bovines destined for Sweden THE EFTA SURVEILLANCE AUTHORITY,Having regard to the Agreement on the European Economic Area, as ajusted by the Protocol Adjusting the Agreement on the European Economic Area, and in particular Article 17 and Protocol 1 (4) (d) thereof,Having regard to the Act referred to in point 1 of Chapter I of Annex I to the Agreement on the European Economic Area on animal health problems affecting intra-Community trade in bovine animals and swine (Council Directive 64/432/EEC; hereinafter referred to as 'the Cattle and Swine Act`), and in particular Article 9 thereof,Having regard to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, as adjusted by the Protocol Adjusting the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, and in particular Article 5 (2) (d) and Protocol 1, Article 1 (c) and (e) thereof,Whereas Sweden is implementing a programme to eradicate infectious bovine rhinotracheitis (IBR), as stated in letters dated 20 December 1993 and 10 May 1994;Whereas the IBR eradication programme fulfils the criteria as laid down in Article 9 of the Cattle and Swine Act;Whereas it is appropriate to propose certain additional guarantees to protect the progress already made, and to ensure that the programme is successfully concluded;Whereas the authorities of Sweden apply for national movement of bovine animals rules at least equivalent to those foreseen in this Decision;Whereas the additional guarantees provided for in the present Decision must not be requested from EFTA States or regions thereof which have an equivalent or better health status with regard to IBR;Whereas the measures provided for in this Decision are in accordance with the opinion of the EFTA Veterinary Committee assisting the EFTA Surveillance Authority,HAS ADOPTED THIS DECISION:1. The programme for the eradication of infectious bovine rhinotracheitis (IBR) from Sweden is hereby approved until 30 June 1997.2. Bovine animals intended for breeding and production coming from an EFTA State or EC Member State and destined for Sweden, must fulfil the following conditions:2.1. according to official information, no clinical or pathological evidence of IBR disease must have been recorded in the herd of origin for the past 12 months;2.2. the bovines must have been isolated in accommodation approved by the competent authority for the 30 days immediately prior to movement;2.3. the bovines must have been subjected to a serological test for IBR on sera taken at least 21 days after entry into isolation, with negative results. All animals in isolation must also have given negative results to this test;2.4. the bovines must not have been vaccinated against IBR.3. Bovines intended for slaughter coming from an EFTA State or EC Member State and destined for Sweden must be transported directly to the slaughterhouse of destination.4. The health certificate provided for in Annex F to the Cattle and Swine Act must be completed by the following for bovines being sent to Sweden:'bovines in accordance with EFTA Surveillance Authority Decision No 73/94/COL of 27 June 1994 concerning the approval of an eradication programme for infectious bovine rhinotracheitis in Sweden and laying down additional guarantees relating to infectious bovine rhinotracheitis for bovines destined for Sweden`.5. Sweden shall submit an annual report on the progress of the eradication programme. This report shall be submitted to the EFTA Surveillance Authority at the latest by 1 April the following year.6. The conditions laid down in points 2 to 4 shall not apply to introduction into Sweden of bovine animals from an EFTA State, or from a part thereof, which pursuant to Article 9 or 10 of the Cattle and Swine Act has been granted additional guarantees corresponding to those provided for in this Decision.7. This Decision shall enter into force on 1 July 1994.8. Sweden shall bring into force the laws, regulations and administrative provisions necessary to comply with the conditions laid down in this Decision by 1 July 1994.9. This Decision is addressed to the EFTA States.10. This Decision shall be authentic in the English language.Done at Brussels, 27 June 1994.For the EFTA Surveillance AuthorityPekka SÄILÄCollege Member


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31991D0289

91/289/ECSC, EEC, Euratom: Decision of the European Parliament of 16 April 1991 granting discharge to the Commission in respect of the implementation of the general budget of the European Communities for the 1989 financial year concerning Sections I - Parliament, II - Council, III - Commission, IV - Court of Justice and V - Court of Auditors

Official Journal L 146 , 11/06/1991 P. 0024 - 0031

DECISION OF THE EUROPEAN PARLIAMENT  of 16 April 1991  granting discharge to the Commission in respect of the implementation of the general budget of the European Communities for the 1989 financial year concerning Sections I - Parliament, II -  Council, III - Commission, IV - Court of Justice and V - Court of Auditors  (91/289/ECSC, EEC, Euratom) THE EUROPEAN PARLIAMENT,  - having regard to the ECSC Treaty and in particular Article 78g thereof,  - having regard to the EEC Treaty and in particular Article 206b thereof,  - having regard to the EAEC Treaty and in particular Article 180b thereof,  - having regard to the budget for 1989 the financial year,  - having regard to the revenue and expenditure accounts and the balance sheet of the European Comunities for the 1989 financial year (SEC(90) 700-704),  - having regard to the report of the Court of Auditors for the 1989 financial year and the replies of the institutions (1),  - having regard to the Council recommendation of 18 March 1991 (C3-0174/91),  - having regard to the report of the Committee on Budgetary Control, and the opinions of the Committee on Energy Research and Technology the Committee on External Economic Relations, the Committee on Social Affairs, Employment and the Working  Environment, the Committee on Regional Policy and Regional Planning, the Committee on Transport and Tourism, the Committe on the Environment, Publish Health and Consumer Protection, the Committee on Youth, Culture, Education, the Media and Sport, the  Committee on Development and Cooperation, and the Committee on Women's Rights, (A3-0071/91),  1. Notes that authorized revenue and expenditure for the 1989 financial year amounted to:    (ECU)  (ECU)  - Revenue   44 870 266 601  - Appropriations for commitments:    - Appropriations authorized in the general budget  46 425 799 370   - Appropriations remaining from the financial year 1988 or made available as a result of  cancellations of commitments in the financial year 1989  811 374 608   - Appropriations corresponding to revenue from services rendered to third parties  31 353 667   47 268 527 645  - Appropriations for payments   44 870 266 601  2. Grants the  Commission discharge in respect of the implementation of the following amounts:     (ECU)  (ECU)  (a) Revenue    - Own resources  41 881 289 119   - Financial contributions  1 641 638 364   - Other revenue  2 376 658 341      45 899 785 142   (b) Expenditure    - Payments made for the financial year  40 411 224 559   - Appropriations  carried over to 1990  438 793 888   40 850 018 447   (c) Balance for the financial year 1989   + 5 080 088 866   Calculated as follows:    - Revenue for the financial year   45 899 785 142  - Payments from the appropriations for the financial year  40  411 224 559   - Appropriations carried over to 1990  438 793 888      40 850 018 447   Difference   5 049 766 695  - Appropriations carried over from 1988 which have lapsed   + 98 150 322  - Exchange difference in the financial year 1988   - 67 828 151   Balance for the financial year 1989   5 080 088 866  This  balance reflects the accounting situation only and does not include expenditure actually incurred during this financial year    (d) Utilization of appropriations for commitments   43 724 839 136   (e) Balance sheet as at 31 December 1989:   (ECU)   ASSETS   LIABILITIES    Fixed assets  9 540 284 645  Fixed capital  15 475 864 593  Inventories  90 636 120  Current liabilities  2 526 267 150  Current assets  460 465 726  Cash accounts  8 268 389  Cash accounts  7 853 010 667  Accrued expenses   161 958 298  Prepaid expenses  227 961 273         Total  18 172 358 420  Total  18 172 358 430      3. Records its comments in a resolution which forms an integral part of this Decision;  4. Instructs its President to forward this Decision and the resolution containing its comments to the Commission, the Council, the Court of Justice, the Court of Auditors, the European Investment Bank and to have them published in the Official Journal  of the European Communities (L series). Done at Strasbourg, 16 April 1991.   The Secretary-General  The President  Enrico VINCI  Enrique BARÓN CRESPO  (1) OJ No C 313, 12. 12. 1990, p. 1.   RESOLUTION  containing the comments which form part of the decision granting discharge to the Commission in respect of the implementation of the general budget of the European Communities for the financial year 1989  THE EUROPEAN  PARLIAMENT,  - having regard to Article 206b of the EEC Treaty,  - having regard to Article 89 of the Financial Regulation of 13 March 1990 pursuant to which each Community institution is required to take all appropriate steps to take action on the comments appearing in the decisions giving discharge,  - whereas pursuant to the same Article the Institutions are also required to report, at Parliament's request, on the measures taken in the light of these comments and, in particular, on the instructions given to those of their departments which are  responsible for the implementation of the budget,  - having regard to the Council recommendation of 18 March 1991 (Doc. C3-0174/91),  - having regard to the report of the Committee on Budgetary Control and the other documents mentioned in the discharge decision (Doc. A3-0071/91),  I. Control powers of the Court of Auditors and of Parliament  1. Affirms the right and duty of the Court of Auditors to assess Community policies from the perspective of sound financial management in order to enable Parliament to exercise its budgetary control powers effectively, and considers that these powers of  the Parliament should be strengthened in step with moves towards European Union;  2. Welcomes many of the comments of Council contained in its recommendation for discharge, the substance of which has been included in this resolution, thereby giving them legal effect;  II. Comments on implementation of the budget and on shared management  3. Notes with regret the lower utilization rate of appropriations for commitments under categories 2, 3 and 4 of the Financial Perspective, for non-compulsory expenditure under those categories and for differentiated appropriations globally;  4. Notes also that the volume of appropriations for payments cancelled (ECU 753 million) decreased somewhat, but that the volume of appropriations cancelled following decommitment (ECU 701 million) remained constant;  5. Considers that these cancellations highlight:  (a) continuing management problems at national and Community level;  (b) the risk that the Community will fail to achieve the multiannual objectives laid down in the Financial Perspectives particularly as regards economic and social cohesion, should such trends persist;  (c) the need for the budgetary authority and the Commission to ensure the effective use of the Community's financial resources within the budget and the Financial Perspective and, where appropriations are cancelled, to make the necessary adjustments  pursuant to Articles 10 and 11 of the Interinstitutional Agreement, particularly to ensure the achievement of economic and social cohesion;  6. Calls on the Commission in future to inform Parliament more fully of the reasons underlying decisions not only to carry over appropriations, to make decommitted appropriations available again or to propose the transfer of allocations in certain  cases, but also of the reasons for not doing so in other cases;  7. Points out that too many budget headings, including some amended by Parliament, were not implemented to a satisfactory level and calls on the Commission to look into and remedy the causes of overestimation or underutilization;  8. Asks its Committees to intensify their monitoring activity during each financial year of the budget headings which concern them;  9. Deplores the fact that by the end of 1989 ECU 16,5 billion were tied up as appropriations for outstanding commitments, in many cases for very old projects, thereby denying funds to worthwhile projects;  10. Reiterates its call to the Commission to improve its procedures for monitoring and closing files, especially in the area of the Structural Funds, research and cooperation, and to ensure more rigorous application of Article 1 (7) of the Financial  Regulation concerning the duration of commitments entered into for multiannual projects; asks the Commission in particular to make proposals aimed at laying down strict and objective criteria for derogations from the time limits set;  11. Calls on the Commission to take the necessary steps to improve cash management, notably to ensure that it obtains the best banking terms available, and also to rectify irregularities relating to its takeover of overseas delegations and to the  operation of imprest accounts;  12. Notes that the gradual decentralization of management introduced by the Commission has still not been matched by intensified Commission activity at the levels of monitoring, control and evaluation of actions managed at national level; calls on the  Commission to acknowledge its ultimate responsibility for all measures subject to shared management rather than seeking to evade it, and in particular to step up its efforts to ensure, on the one hand, that Member States respect the principle of  additionality, and, on the other hand, that Community support is granted in strict compliance with the principle of subsidiarity;  III. Comments on the management of individual sectors  Own resources  13. Considers that the Commission's dilatoriness in making out recovery orders once debts were established may be seen as a lack of diligence in collecting own resources;  14. Deems unacceptable the Commission's reference to political considerations to justify slack application of the administrative rules governing preferential arrangements such as those with the GSP and ACP countries; insists that the Commission apply  and enforce the rules relating to certificates of origin under those systems in such a way as to increase their effectiveness and, specifically, that it:  (a) take explicit account, as regards regulations or administrative practices, of the peculiarities of the administrations in the beneficiary countries rather than seeking refuge behind those peculiarities;  (b) secure inclusion, in the administrative provisions of preferential agreements, of compulsory refusal of preference when the beneficiary countries fail to observe certain rules;  (c) lay down a precise definition of 'reasonable doubt' as to the authenticity of certificates of origin;  (d) ensure that the manual on the issue of certificates of origin is distributed;  (e) adopt common rules of origin for petroleum products;  15. Further insists that the Commission improve the effectiveness of procedures for entering VAT resources in the accounts and making them available to the Community, especially where the Commission and the Member States disagree on the VAT resources  base;  16. Calls on the Commission to make full use of the Treaties and Community law to verify that Member States discharge their duties in full with regard to establishing and making available VAT own resources;  17. Also calls on the Commission to  (a) carry out and submit to Parliament by September 1991 a thorough review of its procedures for recovering VAT and GNP-based resources owed;  (b) report to Parliament by September 1991 on the criteria which determine whether or not interest is claimed on late payments of VAT own resources and on proposals to improve management in this respect;  (c) ensure that the report it is required to submit to Parliament by 31 December 1991 on implementation of Council Regulation (EEC, Euratom) No 1553/89 is sufficiently detailed and that it highlights shortcomings identified since the regulation came  into force;  18. Looks to the Court of Auditors to examine management of the fourth (GNP) resource in respect of financial year 1990;  EAGGF Guarantee Section: controlling agricultural expenditure  19. Deplores the Commission's failure to act under the terms of Article 6 of the Council Decision on budgetary discipline to contain expenditure under individual chapters of the EAGGF Guarantee Section, which has led to chapter overruns totalling nearly  ECU 0,5 billion in 1989 and close to ECU 2 billion in 1990, to an alarming build-up of agricultural stocks and, finally, to a crisis situation in 1991;  20. Considers that if, despite the adoption of strict new rules in 1988, the level of Community agricultural expenditure were to be determined less by the budget than by internal and external contingencies, as had happened regularly before those new  rules were adopted specifically to prevent such a situation recurring, this would jeopardize confidence in the entire budgetary management of the Community;  21. Welcomes the clear restatement by Council, in its recommendation for discharge, that the objective of Article 6 of the Decision on budgetary discipline is to avoid the initial appropriations for individual EAGGF Guarantee chapters being exceeded;  insists that henceforward the Commission take remedial action promptly as required by Article 6 of the Council Decision wherever expenditure is exceeding the profile or risks doing so;  22. Further insists that the Commission, in seeking to resolve current budgetary difficulties, avoid adopting measures which would entail heavy costs for future years and instead tackle the root causes of expenditure overruns;  23. Urges the Commission to take steps to improve the forecasting and monitoring of agricultural expenditure and, in particular, to  (a) seek to obtain quantitative data underlying all agricultural expenditure from each Member State on a monthly basis, and make full use of such data;  (b) step up its audits of national control systems with a view to increasing the reliability of Member States' figures;  (c) make greater use of remote-sensing techniques which provide a valuable further check on such figures;  (d) inform Parliament immediately whenever Member States fail seriously in their duty to implement Community measures;  (e) provide for sanctions against such Member States;  24. Emphasizes that the Commission's powers in respect of clearance of accounts are, within the existing system, the key method of supervising the disbursement of agricultural expenditure and therefore that these powers must be exercised, as far as  possible, contemporaneously with the expenditure and clearance completed speedily after the conclusion of that year;  25. Considers that the prospects for success of the set-aside scheme will depend on the extent to which the Commission can secure adoption of rules to make it more obligatory, to extend it to more productive land, to prevent production being increased  on non-eligible land, to ensure its uniform application and to increase its cost-effectiveness;  26. Urges the Commission to adopt a consistent treatment for valuation and accounting of the various programmes for free distribution of intervention stocks;  27. Calls on the Commission to pursue with all due vigour the recovery of sums relating to reported cases of fraud or irregularity under the Guarantee Section, and to offset such amounts against future claims;  28. Insists that the Unit for Coordination of the Fight Against Fraud focus its efforts on the areas of greatest known abuse, and looks to the Commission at all levels to give the Unit full backing at all times;  EAGGF Guarantee Section: problems in specific sectors  29. Considers that the co-responsibility levy in the cereals sector has failed to achieve its budgetary objectives satisfactorily;  30. Expresses concern at the long-standing and growing problems in the tobacco sector and calls upon the Commission to table urgently a proposal for fundamental reform, which must include effective controls on expenditure in this sector;  31. Is especially disturbed by developments in the dairy sector, as well as in the beefmeat, sheepmeat, pigmeat and poultry sectors since 1989, and insists that in these sectors too the Commission take steps urgently to bring expenditure back under  control;  32. Calls upon the Commission, when reviewing the 'butter for bakeries' scheme, and when devising or selecting among other schemes for disposal of surplus milk products, to take greater account of the administrative costs involved including those at  national level;  33. Urges the Commission to take steps without delay, in respect of the premium for maintaining suckler cows, to ensure that it is better informed on herd sizes and development (for instance by requiring that reliable national systems for identification  of cows be set up), as well as on the management and impact of the scheme at national level; also urges the Commission to give due consideration to the possibility of targeting the premium towards the farmers whose income most warrants support;  Structural policy  34. Notes that implementation of appropriations allocated to the Structural Funds was satisfactory in 1989 but has since deteriorated;  35. Considers that the continuing high level of decommitments in 1989, especially in the case of the Social Fund (ECU 600 million decommitted), reflects serious shortcomings in project selection and monitoring at both national and Community level;  nevertheless welcomes the fact that smaller amounts were decommitted in 1990;   36. Also notes that the level of outstanding commitments under the Structural Funds continued to rise in 1989, and calls upon the Commission to exercise strict supervision to ensure that this problem is not exacerbated as a result of decentralized  management of the new operational programmes;  37. Considers that the system of commitment of aid in annual instalments presents certain advantages but also the disadvantage of not reflecting in the accounts the total level of outstanding Community liabilities relating to multiannual programmes  under the Structural Funds; therefore looks to the Commission to guarantee the necessary transparency in this respect, and also to monitor the funding of such programmes closely;  38. Stresses the key role of supervision, monitoring and assessment in ensuring that the Structural Funds realize their goals of promoting social and economic cohesion within the Community; insists that the representativeness of the Monitoring  Committees be enhanced and, specifically, that in all Member States they include at a minimum not only representatives of both sides of industry but also wherever appropriate representatives of voluntary bodies involved in implementing operational  programmes; urges in addition that the powers of the Monitoring Committees be strengthened and asks that their reports be communicated to the discharge authority on request; calls on the Commission to step up considerably its on-the-spot checks;  39. Insists that the Commission give priority to ensuring that the Member States genuinely apply the Community principle of additionality, and that it report to Parliament by June 1991 on its efforts to this end; awaits the findings of the Court of  Auditors' investigations into additionality;  40. Calls on the Court of Auditors to carry out an in-depth analysis of the first phase of implementation of the reform of the Structural Funds as a matter of urgency and instructs its Committee on Budgetary Control to report on this subject;  41. Calls on the Commission to ensure that aid under the EAGGF Guidance Section is in future granted in a manner more consistent with the principle of subsidiarity and that its impact is assessed more rigorously;  42. Considers that selection methods insufficiently geared to the economic and social reality of the regions and sectors concerned have been a major cause of the dispersal of aid and of the heavy underutilization of budgetary resources under the Social  Fund;  43. Considers that part of the responsibility for failure of the psychiatric reform programme in Leros lies with the Commission for not having defined sufficiently clear objectives or monitored implementation adequately; insists that henceforward the  management of any Community funds allocated to the programme be above reproach and that Parliament keep it under close review; calls on the Commission to submit a full progress report by the beginning of June 1991, indicating in particular the extent to  which the conditions laid down by Parliament in 1990 for a resumption of Community aid to the programme have been met;  Energy and research  44. Notes that the volume of outstanding commitments, especially in the energy sector, continued to rise and asks that a procedure be introduced to review all projects which have lain dormant for more than one year as a matter of course and to exercise  continuous supervision over the management of scientific programmes;  45. Calls on the Commission to improve its programme planning to take account of the legislative process and to avoid unnecessary delays in tendering procedures, with a view to maximizing use of appropriations for research and development;  46. Reiterates its call to the Commission to make use of the provisions of Articles 10 and 11 of the Interinstitutional Agreement to allow Community expenditure on research and development to reach the levels permitted by the Financial Perspective;  47. Recommends that the Commission take steps to enhance the autonomy, accountability, market-orientation and competitiveness of the JRC institutes and of their directors, and to ensure that the directors have skilled management support;  48. Looks to the Commission to ensure that the new JRC Management Efficiency Unit is endowed with resources adequate to its task; considers that the Unit should concentrate on rationalizing the Centre's costs and staffing and, in particular, should  (a) devise methods for evaluating staff-costs and relating them to performance, and for apportioning these and other overheads between the institutes;  (b) devise ways of further improving the scientific quality, age structure and mobility of JRC staff;  49. Asks that the Unit's periodic reports be made available to Parliament;  50. Calls on the Commission to introduce more rigorous budgetary planning for JRC staff in order to avoid the cancellation of appropriations for non-utilization, and calls for all scientific and administrative posts to be inventoried so that an analysis  can be made of current over- and understaffing;  51. Recommends that work carried out by the JRC for the Commission be placed on a proper contractual footing, and that the amounts for support to each Directorate-General be indicated in the remarks against the relevant budget headings, in the  institutes' annual plans and in the Analyses of Financial Management;  52. Urges that marketing and public relations activities in respect of work for third parties other than the Commission be reinforced and directed at both scientific and political levels, as part of a drive to improve the competitiveness of the relevant  institutes;  53. Considers that the favourable cash position in respect of JET should result in lower precepts on Member States;  54. Urges the Council to take a decision as rapidly as possible on the life of the JET project to reduce the risks of abortive or premature expenditure;  Development aid, food aid and aid to countries of Central and Eastern Europe  55. Deplores the significant volume of payment appropriations lapsing in 1989 in respect of cooperation with developing and third countries (ECU 164,7 million);  56. Requests the Commission to present to Parliament by 30 September 1991 an analysis of its staff resources devoted to aid for Asian and Latin American developing countries, both in Brussels and in each country receiving aid, together with comparisons  of its staff resources devoted to aid for each of the ACP countries, the staff of Member States dealing with development aid and the staff of international aid organizations, in all cases showing the ratio of staff to amounts of aid; further requests  that the analysis be accompanied by proposals designed to speed up and improve the effectiveness of such development cooperation programmes;  57. Expresses dissatisfaction with the management of aid to Bangladesh and calls on the Commission to take firm action to ensure that in future the Bangladeshi authorities comply with agreements on such matters as operation of counterpart and revolving  funds, reporting, and supply of government funds, and that they improve the local input into Community-aided projects;  58. Asks, exceptionally, to be consulted on the next food aid agreement with Bangladesh;  59. Calls on the Commission:  (a) to set aid and cooperation objectives more realistically, for instance by having greater recourse to feasibility studies;  (b) to step up the supervision of aid, including the role of European cofinancing NGOs, by its central and delegation staff;  (c) to set up a Community inspectorate, reporting to the relevant Community institutions and ACP-EEC collaborative bodies, in order to enhance project and programme quality;  60. Insists that the Commission improve medium-term planning of food aid and monitor its implementation more rigorously, particularly to ensure that the criteria for distribution on the spot are respected; and invites the Court of Auditors to analyze  the effects of the system for mobilizing food aid set up in 1987;  61. Also insists that the Commission submit written reports to the budgetary authority on implementation of aid to countries of Central and Eastern Europe on at least a quarterly basis;  Administrative expenditure  62. Calls on the Commission to ensure uniform presentation of the different sections of the budget, and undertakes in future to contribute to the Analysis of Financial Management;  63. Reaffirms its insistence that the Financial Controllers of Community institutions be able to exercise their duties independently of internal or external authority;  64. Calls on the superior authority of Parliament henceforward to base any decisions to overrule its Financial Controller on a recommendation from the Commission on Budgetary Control; calls on the Commission to provide the Court of Auditors with the  information it requires concerning refusals of approval by its Financial Controller;  65. Notes the opinion of the Court of Auditors on human resource management of the Council and the Commission, and the Commission's response; calls upon the Commission to ensure that the newly-created Inspectorate-General for Resources is endowed with  resources commensurate with its task;  66. Considers that the Budgetary Authority should set an example in the area of human resources management and therefore:  (a) invites the Council to indicate what action it will take in response to the Court's recommendations;  and  (b) calls for an external audit of staff management at the Parliament, which should take account of the institution's growing workload, specific working conditions and position as an equal opportunities employer;  67. Urges the Commission, as regards the pension scheme and other measures concerning termination of service,  (a) to intensify its action to secure fulfilment by Member States of their Treaty obligations in respect of transfer of pension rights;  (b) to seek agreement between the Heads of Administration as to (i) the proper interpretation of the Statutory Provisions governing orphans' pensions, and (ii) the link which might be established between periods of service and periods for which  allowances are paid under the Unemployment Insurance Scheme;  68. Asks that criteria be laid down to ensure that funds under Item A 3031 (Subsidy to the European Foundation for Freedom of Expression) are allocated in the manner originally intended;  European Schools  69. Calls on the Board of Governors of the European Schools to apply the Financial Regulation which came into force on 1 January 1989 to the Schools rigorously as and when they come on stream in the central computerized accounting scheme;  70. Insists that the Board of Governors appoint an independent Financial Controller for the Schools without delay;  71. Considers that the Budgetary Authority should pronounce on whether the costs for children of EIB staff attending the Schools is chargeable to the Community budget;  Flow of information to the Discharge Authority  72. Points out that the quality of the Commission's written and oral replies to the observations of the Court of Auditors on occasion left much to be desired, and that in such instances the Discharge Authority can only conclude that the Court's  observations are correct;  73. Asks that in future the report which the Commission prepares, pursuant to Article 89 (5) of the Financial Regulation, on the measures taken in light of the comments accompanying decisions giving discharge be communicated to Parliament by 15 December  of the year in which the discharge has been granted;  74. Requests the Commission to publish each year in the annual accounts a summary of the cost of administering at Community level each main budgetary sector (such as the EAGGF Guarantee Section, the common fisheries policy, the Structural Funds,  research and development programmes, and development and cooperation policy), showing separately the costs attributable to administration by Commission officials and those attributable to others acting for the Commission, and appending notes showing the  extent to which general overheads have been attributed to each of these sectors;  75. Calls upon the Commission to submit to Parliament an analysis showing, for each spending policy, its methods of carrying out systematic evaluation of the results and illustrating how these findings have been used to improve effectiveness;  76. Asks the Commission to ensure that the data it presents on the rate of implementation of headings entered or amended by Parliament relate to the appropriations as entered or amended by Parliament rather than after transfers;  77. Asks the Court of Auditors to broaden the presentation of data in its annual reports to take account of the categories of the Financial Perspective.


title: 2007/397/EC: Commission Decision of 8 June 2007 setting up an expert group on demographic issues

text:
               12.6.2007

               EN

               Official Journal of the European Union

               L 150/5

      COMMISSION DECISION

   of 8 June 2007
   setting up an expert group on demographic issues
   (2007/397/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 140 thereof,
   Whereas:

               (1)

               Article 140 of the Treaty establishing the European Community provides that the Commission shall encourage cooperation between the Member States and facilitate the coordination of their action in all social policy fields.

               (2)

               In accordance with the Commission Communication of 12 October 2006 entitled ‘The demographic future of Europe, from challenge to opportunity’, the Commission has decided to enlist the assistance of a group of government experts.

               (3)

               The group must contribute to the development of policies for adapting to demographic change.

               (4)

               Care will be taken to ensure complementarity and an absence of overlap with the activities of other groups and committees dealing with demographic issues, including the Employment Committee, the Social Protection Committee, the Economic Policy Committee, the Economic and Financial Committee, the Advisory Committee on Equal Opportunities for Women and Men and the High-Level Group on Gender Mainstreaming. The Commission will inform these bodies of the activities of the expert group on demographic issues.

               (5)

               The group must be composed of government representatives of the Member States and of independent experts.

               (6)

               The expert group on demographic issues should therefore be set up and its terms of reference and structures defined,

         HAS DECIDED AS FOLLOWS:
   Article 1
   An ‘expert group on demographic issues’ (hereinafter referred to as ‘the group’) shall be set up under the auspices of the Commission for a period of five years (renewable).
   Article 2
   Task
   The group's task shall be to advise the Commission on the monitoring of demographic change and on the implementation of the policy guidelines set out in the Commission Communication of 12 October 2006 on the demographic future of Europe (COM(2006) 571).
   More specifically, the group shall:

               —

               assist the Commission in drawing conclusions from the research results, in identifying relevant data for the demography reports and in fostering exchanges of good practice for which the Demographic Forum will provide a platform. It shall take into account the results of the numerous actions and research projects undertaken by the European institutions on these subjects,

               —

               enable the Member States to give their opinions on the broad responses required to meet the demographic challenge and on the specific initiatives resulting from the Communication of 12 October 2006 on the demographic future of Europe and its aftermath, in particular in the fields that are not already well covered by the existing committees and advisory groups,

               —

               assist the Commission in preparing the future demography reports and in assessing the EU's state of preparation for demographic change (assessment to be included in the annual progress report on the implementation of the Lisbon Strategy),

               —

               provide the opportunity for exchanges of experience and good practice in the field of family policy, and support efforts to improve the quality of life of persons with care responsibilities,

               —

               solicit oral and written contributions from the social partners and civil society organisations.

         The group’s Chair may indicate to the Commission when it would be advisable to consult the group on a specific question.
   Article 3
   Composition — Appointment
   1.   The group shall be composed of government experts and independent experts. Each Member State shall nominate a government expert to represent it. The Commission shall appoint independent experts in a personal capacity, from among specialists with competence in the areas referred to in Article 2, to advise it independently of any outside influence.
   2.   The following provisions shall apply:

               —

               the members shall remain in office until they are replaced, or until the expiry of their term of office,

               —

               members who are no longer able to make an effective contribution to the work of the group, who resign or who breach the requirements set out in the first or second indent of this Article or in Article 287 of the Treaty establishing the European Community may be replaced for the remainder of their term of office,

               —

               the names of the members appointed in a personal capacity shall be published on the Internet site of the Directorate-General for Employment, Social Affairs and Equal Opportunities and in the Official Journal of the European Union, series C. The names of members shall be collected, processed and published in accordance with the provisions of Regulation (EC) No 45/2001 of the European Parliament and of the Council (1) on the protection of individuals with regard to the processing of personal data.

         Article 4
   Operation
   1.   The Commission shall appoint the group's Chair.
   2.   The Commission's representative may invite experts or observers with specific competence on a subject on the agenda to participate in the work of the group or one of its subgroups if this is deemed necessary or useful.
   3.   Information obtained by participating in the deliberations or work of the group shall not be divulged if, in the opinion of the Commission, that information relates to confidential matters.
   4.   The group shall normally meet on Commission premises in accordance with the procedures and schedule established by the Commission. It may be called on to meet in other locations, in particular on a proposal from a Member State wishing to host the group in connection with an event of particular interest for the group. The Commission shall provide secretarial services. Other Commission officials with an interest in the proceedings may attend the meetings.
   5.   The group shall adopt its rules of procedure on the basis of the standard rules of procedure adopted by the Commission.
   6.   The Commission services may publish on the Internet, in the original language of the document concerned, any summary, conclusion, or partial conclusion or working document of the group.
   Article 5
   Meeting expenses
   Travel and subsistence expenses incurred by members, experts and observers in connection with the group's activities shall be reimbursed by the Commission in accordance with the Commission's rules. There shall be no remuneration for the work performed by government experts.
   Meeting expenses shall be reimbursed within the limits of the available appropriations allocated to the departments concerned under the annual procedure for the allocation of resources.
   Article 6
   Entry into force
   This Decision shall take effect on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 8 June 2007.

            For the Commission

         Vladimír ŠPIDLA

            Member of the Commission

      (1)  OJ L 8, 12.1.2001, p. 1.


Avis juridique important

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41982D0324

82/324/ECSC: Decision of the representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council of 24 May 1982 extending the suspension of imports of all products originating in Argentina

Official Journal L 146 , 25/05/1982 P. 0002 - 0002

*****DECISION  OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL  of 24 May 1982  extending the suspension of imports of all products originating in Argentina  (82/324/ECSC)  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL,  in agreement with the Commission,  HAVE DECIDED AS FOLLOWS:  Article 1  The suspension of imports of all products falling within the ECSC Treaty and originating in Argentina with a view to their being put into free circulation in a Member State of the Community is hereby extended.  Article 2  This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.  Done at Brussels, 24 May 1982.  The President  L. TINDEMANS


title: Decision (EU) 2017/1599 of the European Parliament and of the Council of 13 September 2017 on the mobilisation of the European Union Solidarity Fund to provide assistance to Italy

text:
               23.9.2017

               EN

               Official Journal of the European Union

               L 245/3

         DECISION (EU) 2017/1599 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 13 September 2017
   on the mobilisation of the European Union Solidarity Fund to provide assistance to Italy
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (1), and in particular Article 4(3) thereof,
   Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 11 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Union Solidarity Fund (the ‘Fund’) aims to enable the Union to respond in a rapid, efficient and flexible manner to emergency situations in order to show solidarity with the population of regions struck by natural disasters.

               (2)

               The Fund is not to exceed a maximum annual amount of EUR 500 000 000 (2011 prices), as laid down in Article 10(1) of Council Regulation (EU, Euratom) No 1311/2013 (3). The entire 2016 allocation remained unspent, was carried over to the following year, in accordance with Article 10(1) of Regulation (EU, Euratom) No 1311/2013 and was partially used in April 2017. The 2017 allocation was not yet drawn on.

               (3)

               On 16 November 2016, Italy submitted an application to mobilise the Fund, following an earthquake that affected the regions of Abruzzo, Lazio, Marche and Umbria on 24 August 2016. Additional earthquakes struck the previously hit areas and significantly increased the level of previously reported damage. Italy then submitted its final application on 15 February 2017 with revised estimates including all damage caused between 24 August 2016 and 18 January 2017.

               (4)

               The application by Italy meets the conditions for providing a financial contribution from the Fund, as laid down in Article 4 of Regulation (EC) No 2012/2002.

               (5)

               The Fund should therefore be mobilised in order to provide a financial contribution to Italy.

               (6)

               Since the amount that may be mobilised for 2017 is not sufficient to cover the full contribution, the difference should exceptionally be financed through the annual amount available for 2018 as provided for in Article 10(2) of Regulation (EU, Euratom) No 1311/2013.

               (7)

               In order to minimise the time taken to mobilise the Fund, this Decision should apply from the date of its adoption,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the Union for the financial year 2017, the European Union Solidarity Fund shall be mobilised to provide the amount of EUR 1 196 797 579 to Italy in commitment and payment appropriations.
   Article 2
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
   It shall apply from 13 September 2017.

      Done at Strasbourg, 13 September 2017.

            For the European Parliament

            The President

         A. TAJANI

            For the Council

            The President

         M. MAASIKAS

      (1)  OJ L 311, 14.11.2002, p. 3.

      (2)  OJ C 373, 20.12.2013, p. 1.

      (3)  Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).


               16.12.2015

               EN

               Official Journal of the European Union

               C 419/211

         P7_TA(2012)0432
   Appointment of a new Commissioner
   European Parliament decision of 21 November 2012 approving the appointment of Tonio Borg as a Member of the Commission
   (2015/C 419/41)

      The European Parliament,

               —

               having regard to the second paragraph of Article 246 of the Treaty on the Functioning of the European Union and Article 106a of the Treaty establishing the European Atomic Energy Community,

               —

               having regard to point 6 of the Framework Agreement on relations between the European Parliament and the European Commission (1),

               —

               having regard to the resignation of John Dalli as a Member of the Commission, tendered on 16 October 2012,

               —

               having regard to the Council's letter of 25 October 2012, whereby the Council consulted Parliament on a decision, to be taken by common accord with the President of the Commission, on the appointment of Tonio Borg as a Member of the Commission,

               —

               having regard to the hearing of Tonio Borg on 13 November 2012, led by the Committee on the Environment, Public Health and Food Safety with the association of the Committee on the Internal Market and Consumer Protection and the Committee on Agriculture and Rural Development, and to the statement of evaluation drawn up following that hearing;

               —

               having regard to Rule 106 of, and Annex XVII to, its Rules of Procedure,

               1.

               Approves the appointment of Tonio Borg as a Member of the Commission for the remainder of the Commission’s term of office until 31 October 2014;

               2.

               Instructs its President to forward this decision to the Council, the Commission and the governments of the Member States.

      (1)  OJ L 304, 20.11.2010, p. 47.


Avis juridique important

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41982D0221

82/221/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 April 1982 suspending imports of all products originating in Argentina

Official Journal L 102 , 16/04/1982 P. 0003 - 0003

*****DECISION  OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL  of 16 April 1982  suspending imports of all products originating in Argentina  (82/221/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  Imports of all products covered by the ECSC Treaty and originating in Argentina for the purpose of putting them into free circulation in a Member State of the Community are hereby suspended.  Article 2  1. This Decision shall not preclude the putting into free circulation of products originating in Argentina:  - accompanied by import documents issued before the date of its entry into force which mention Argentina as the country of origin, or  - to be imported in execution of contracts concluded before that date, or  - in course of shipment to the Community at that date.  2. Paragraph 1 shall not apply to imports into the United Kingdom of products covered by this Decision which were the subject of measures adopted by the United Kingdom with effect from 7 April.  Article 3  This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.  It shall apply until 17 May 1982.  Before that date, the desirability of extending, amending, or, if necessary, repealing this Decision shall be examined.  Done at Brussels, 16 April 1982.  The President  L. TINDEMANS


title: Council Decision of 17 December 1973 on the conclusion of the Agreement between the European Economic Community and the Hashemite Kingdom of Jordan on the supply of flour of common wheat as food aid

text:
No L 53 / 26                      Official Journal of the European Communities                         25 . 2. 74
                                              COUNCIL DECISION
                                               of 17 December 1973
             on the conclusion of the Agreement between the European Economic Commu
             nity and the Hashemite Kingdom of Jordan on the supply of flour of common
                                                 wheat as food aid
                                                    (74/89/ EEC)
             THE COUNCIL OF THE EUROPEAN COMMUNITIES,
             Having regard to the Treaty establishing the European Economic Community, and in
             particular Articles 113, 114 and 228 thereof ;
             Having regard to the recommendation from the Commission ;
             Whereas the European Economic Community has deposited a Declaration of provisional
             application of the 1971 Food Aid Convention ; whereas that Convention has been appli
             cable since 1 July 1971 ;
             Whereas the Hashemite Kingdom of Jordan under the Community Food Aid Programme
             for 1972/73 has requested food aid ;
             Whereas in view of the cereal supply situation in Jordan that country should be accorded,
             by way of gift, 5 000 metric tons of common wheat in the form of 3 311 metric tons of
             flour of common wheat under the above Food Aid Programme,
             HAS DECIDED AS FOLLOWS :
                                                      Article 1
             The Agreement between the European Economic Community and the Hashemite
             Kingdom of Jordan on the supply of flour of common wheat as food aid, the text of
             which is annexed to this decision , is hereby concluded on behalf of the Community.
                                                      Article 2
             The President of the Council is hereby authorized to designate the persons empowered to
              sign the Agreement and to confer on them the necessary powers to bind the Community.
              Done at Brussels, 17 December 1973 .
                                                                        For the Council
                                                                          The President
                                                                         I. NØRGAARD


title: ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS DECISION NO 87 OF 20 MARCH 1973 CONCERNING THE APPLICATION OF ARTICLE 14 ( 1 ) ( A ) OF REGULATION ( EEC ) NO 1408/71 ON THE LEGISLATION APPLICABLE TO WORKERS POSTED ELSEWHERE

text:
20. 7. 74                              Official J o u r n a l of the European C o m m u n i t i e s                     No C 86/5
          ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES
                                O N SOCIAL SECURITY FOR MIGRANT WORKERS
                                                          DECISION N o 87
                                                           of 20 March 1973
          concerning the application of Article 14 (1) (a) of Regulation (EEC) N o 1408/71
                            on the legislation applicable to workers posted elsewhere
          T H E ADMINISTRATIVE COMMISSION OF T H E E U R O P E A N C O M M U N I T I E S O N SOCIAL
          SECURITY FOR M I G R A N T WORKERS,
          Having regard to Article 81 (a) of Regulation (EEC) N o 1408/71 u n d e r which it is given
          the responsibility for dealing with all questions of interpretation arising f r o m the provi-
          sions of Regulations (EEC) N o 1408/71 and (EEC) N o 5 7 4 / 7 2 ;
          W h e r e a s Decision N o 12, published in the Official Journal            of the European Communi-
          ties N o 64 of 17 D e c e m b e r 1959 has b e c o m e invalid following the entry into force of
          Council Regulations (EEC) N o 1408/71 and (EEC) N o 574/72, but taking into account
          the provisions of the said Regulations, there are grounds for adopting a new Decision ;
          Whereas the purpose of the provisions of Article 14 (1) (a) of Regulation (EEC) N o
          1408/71 is to avoid, both in the case of workers as well as in the case of employers and
          social security institutions, the administrative complications which would result f r o m the
          application of the general rule laid down in Article 13 (2) (a) of Regulation (EEC) N o
          1408/71 where the periods of e m p l o y m e n t are of short duration in a M e m b e r State other
          than the State in which the u n d e r t a k i n g has its registered office or a place of business ;
          Whereas, in the same desire for simplification, it would be appropriate to extend the field
          of application of Article 14 (1) (a) of Regulation (EEC) N o 1408/71 to cover the case of a
          worker engaged in the M e m b e r State in which the undertaking has its registered office or
          a place of business with a view to an i m m e d i a t e posting to the territory of a n o t h e r
          M e m b e r State ;
          W h e r e a s one of the decisive criteria for the application of Article 14 (1) (a) of Regulation
          (EEC) N o 1408/71 is the existence of a direct relationship between the u n d e r t a k i n g and
          the worker it engages, and in particular the m a i n t e n a n c e of the worker's relationship to
          the u n d e r t a k i n g as an employee ;
          Acting in accordance with the provisions of Article 80 (3) of Regulation (EEC) N o
           1408/71,
          HAS D E C I D E D AS FOLLOWS :
           1.      T h e provisions of Article 14 (1) (a) of Regulation (EEC) N o 1408/71 shall also apply
          to a worker w h o is engaged in a M e m b e r State in which the u n d e r t a k i n g has its registered
          office or a place of business with a view to an i m m e d i a t e posting to the territory of
          a n o t h e r M e m b e r State in so far as there is a direct relationship between the u n d e r t a k i n g
          and the worker during the period of posting.
 ---pagebreak--- N o C 86/6                               Official J o u r n a l of t h e E u r o p e a n C o m m u n i t i e s                20. 7. 7 4
           2.        T h i s Decision shall be p u b l i s h e d in t h e Official Journal        of the European    Communi-
           ties. It shall be applicable in t h e six original M e m b e r States f r o m 1 O c t o b e r 1972 a n d , in
           a c c o r d a n c e with t h e Treaty of Accession, f r o m 1 April 1973 in t h e t h r e e n e w M e m b e r
           States.
                                                                                The Chairman
                                                                                of the Administrative         Commission
                                                                                J. DONIS
 ---pagebreak--- 20. 7. 74                           Official Journal of the European Communities                           No C 86/7
                                                  D E C I S I O N N o 89
                                                   of 20 March 1973
          c o n c e r n i n g the interpretation of Article 16 (1) and (2) of Council Regulation
          (EEC) N o 1408/71 relating to persons e m p l o y e d by d i p l o m a t i c m i s s i o n s and
                                                     consular posts
          T H E ADMINISTRATIVE COMMISSION OF T H E E U R O P E A N COMMUNITIES O N SOCIAL
          SECURITY FOR M I G R A N T WORKERS,
          Having regard to Article 81 (a) of Regulation (EEC) No 1408/71 under which it is given
          the responsibility for dealing with all questions of interpretation arising from this Regula-
          tion and from Regulation (EEC) N o 574/72 ;
          Whereas the words 'persons employed by' used in Article 16 (1) and (2) of Regulation
          (EEC) No 1408/71 could give rise to various interpretations, thus making it necessary to
          give them a uniform scope ;
          Whereas Article 14 (1) of Regulation No 3 covered employed persons or persons treated
          as such, regardless of nationality, employed in diplomatic or consular posts or in the
          personal service of officials in such posts ;
          Whereas a restrictive interpretation of Article 16 of Regulation (EEC) No 1408/71 would
          result in the abolition of the right of option previously enjoyed by employed persons and
          persons treated as such employed in diplomatic missions and consular posts who are
          nationals of the accrediting Member State or of the sending Member State ;
          Acting in accordance with the provisions of Article 80 (3) of Regulation (EEC) No
           1408/71,
          HAS D E C I D E D AS FOLLOWS :
          1.      The provisions of Article 16 (1) and (2) of Regulation (EEC) No 1408/71 shall apply
          to all workers, other than civil servants and persons treated as such mentioned in Article 2
          (3) of the said Regulation, who are employed in diplomatic missions and consular posts or
          are in the service of officials in such missions and posts.
          2.      This Decision shall be published in the Official Journal of the European Communi-
          ties. It shall be applicable in the six original Member States from 1 October 1972 and, in
          accordance with the Treaty of Accession, from 1 April 1973 in the three new Member
          States.
                                                                             The Chairman
                                                                   of the Administrative     Commission
                                                                                J. D O N I S
 ---pagebreak--- No C 86/8                       Official Journal of the European Communities                              20. 7. 74
                                                DECISION N o 91
                                                 of 12 July 1973
          concerning the interpretation of Article 46 (3) of Council Regulation (EEC) N o
          1408/71 relating to the award of benefits due under paragraph 1 of the said
                                                      Article
          THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES O N                         SOCIAL
          SECURITY FOR M I G R A N T W O R K E R S ,
          Having regard to Article 81 (a) of Regulation (EEC) No 1408/71 under which it is the
          duty of the Administrative Commission to deal with all questions of interpretation arising
          from Regulations (EEC) No 1408/71 and (EEC) No 574/72;
          Having been asked whether the adjustment provided for in Article 46 (3), second subpara-
          graph, of Regulation (EEC) No 1408/71 applies only to amounts of benefits calculated in
          accordance with Article 46 (1), first subparagraph, which exceed the amount of the bene-
          fits that would have been obtained by applying, in accordance with the second subpara-
          graph of Article 46 (1), the rules provided for in paragraphs 2 (a) and (b) of this Article, or
          whether it applies also to the latter amounts when these are equal to or higher than the
          former amounts ;
          Whereas the application of the rules laid down by Article 46 (2) (a) and (b) of Regulation
          (EEC) No 1408/71 gives the same result as that which would have been obtained by
          applying Article 28 (1) (b) of Regulation No 3 ; whereas the latter Regulation did not
          provide for the possibility of reducing the amount thus obtained ;
          Whereas the aim of replacing Regulation No 3 by Regulation (EEC) No 1408/71 was in
          particular to improve the position of workers which arose from the application of Regula-
          tion No 3 ;
          Whereas the application of Article 46 (3) to benefits under Article 46 (1) the amount of
          which is determined pro rata temporis would have the opposite effect;
          Acting in accordance with the provisions of Article 80 (3) of Regulation (EEC) No
           1408/71,
           HAS D E C I D E D AS F O L L O W S :
           1.    Article 46 (3), second subparagraph of Regulation (EEC) No 1408/71 shall only
           apply to benefits the amount of which, calculated in accordance with the provisions of
           paragraph 1, first subparagraph, of this Article, exceeds the amount that would be
           obtained by applying the rules of paragraphs 2 (a) and (b) of the said Article to the calcula-
           tion of these benefits.
           2.    This Decision shall be published in the Official Journal of the European Communi-
           ties and shall take effect on the date of entry into force of the abovementioned Regula-
           tion. It shall be applicable in the six original Member States from 1 October 1972 and, in
           accordance with the Treaty of Accession, from 1 April 1973 in the three new Member
           States.
                                                                         The Chairman
                                                               of the Administrative     Commission
                                                                            A. T R I E R


title: 2012/525/EU: Council Decision of 24 September 2012 appointing a German member and a German alternate member of the Committee of the Regions

text:
               28.9.2012

               EN

               Official Journal of the European Union

               L 263/42

         COUNCIL DECISION
   of 24 September 2012
   appointing a German member and a German alternate member of the Committee of the Regions
   (2012/525/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the German Government,
   Whereas:

               (1)

               On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

               (2)

               A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Peter MÜLLER.

               (3)

               An alternate member’s seat has become vacant following the end of the term of office of Mr Stephan TOSCANI,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

               (a)

               as member:

                           —

                           Ms Helma KUHN-THEIS, Bevollmächtigte für Europaangelegenheiten;

                     and

               (b)

               as alternate member:

                           —

                           Ms Isolde RIES, Vizepräsidentin des Landtages des Saarlandes.

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

      Done at Brussels, 24 September 2012.

            For the Council

            The President

         A. D. MAVROYIANNIS

      (1)  OJ L 348, 29.12.2009, p. 22.

      (2)  OJ L 12, 19.1.2010, p. 11.


Avis juridique important

|

41998D0049

The Schengen acquis - Decision of the Executive Committee of 16 December 1998 on bringing into force the Implementing Convention in Greece (SCH/Com-ex (98) 49 rev. 3)

Official Journal L 239 , 22/09/2000 P. 0147 - 0148

DECISION OF THE EXECUTIVE COMMITTEEof 16 December 1998on bringing into force the Implementing Convention in Greece(SCH/Com-ex (98)49 rev. 3)THE EXECUTIVE COMMITTEE,Having regard to Article 132 of the Convention implementing the Schengen Agreement,Having regard to Article 6 of the Accession Agreement signed with Greece on 6 November 1992 in conjunction with the Joint Declaration on Article 6 of the Final Act of the aforesaid Agreement,Having regard to its Decision of 7 October 1997 on bringing into force the Convention implementing the Schengen Agreement in Greece (SCH/Com-ex (97)29 rev. 2),Having regard to the report of the Ad Hoc Committee for Greece (SCH/C (98)123 rev. 2),Having regard to the Ad Hoc Committee for Greece's various reports,Confirming the political resolve of the Executive Committee of 7 October 1997 to bring the Schengen Convention fully into force for Greece, as expressed in Decision SCH/Com-ex (97)29 rev. 2,Recognising and acknowledging that Greece has already satisfied the requirements for the full application of the Schengen Convention in the fields of visas, police and judicial cooperation, the fight against drug trafficking, the Schengen Information System and data protection,Whereas Greece has already made considerable progress, particularly at the airports, in adapting security at its external borders to take account of Schengen requirements,HAS DECIDED AS FOLLOWS:1. Greece shall notify the other Contracting Parties when it considers that it has satisfied Schengen requirements regarding security at the external maritime and land borders.2. The checks on persons at Greece's internal borders shall be lifted when the Executive Committee finds on the basis of appropriate reviews and visits by the Ad Hoc Committee that the requirements to ensure Schengen standards of security at the external maritime and land borders of Greece have been satisfied.3. Fulfilment of the requirements relating to manpower levels and material resources, the training of border check and surveillance services and coordination between the departments concerned shall be examined on the basis of visits. The necessary improvements in the areas of:- maritime surveillance strategy,- flexible deployment of mobile units, and- application of Article 26 of the Convention,may be demonstrated by the presentation of documentary evidence.4. The Executive Committee shall take a Decision before the end of 1999 if possible.Berlin, 16 December 1998.The ChairmanC. H. Schapper


title: Decision of the Representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council of 26 June 1975 opening tariff preferences for products covered by that Community and originating in Israel

text:
No L 165/76                        Official Journal of the European Communities                               28 . 6 . 75
                                                      DECISION
              OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER
              STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING
                                             WITHIN THE COUNCIL
                                                   of 26 June 1975
              opening tariff preferences for products covered by that Community and origi
                                                   nating in Israel
                                                     (75/373/ECSC)
THE REPRESENTATIVES OF THE GOVERNMENTS OF                      — for the Community as originally constituted :
THE MEMBER STATES OF THE EUROPEAN COAL                             those duties actually applied in respect of Israel on
AND STEEL COMMUNITY,                                               1 January 1974 ;
Whereas the Member States have concluded among                 — for Denmark, Ireland and the United Kingdom :
themselves the Treaty establishing the European Coal               those duties actually applied in respect of Israel on
and Steel Community ;                                              1 January 1972.
Whereas the Agreement between the European
                                                                                Article 2
Economic Community and the State of Israel is to
enter into force on 1 July 1975 ;                              The provisions laying down the rules of origin for the
Whereas the Agreement between the Member States                implementation of the Agreement between the Euro
of the European Coal and Steel Community and the               pean Economic Community and the State of Israel,
State of Israel is subject to the approval of each signa      which is to enter into force on 1 July 1975, shall
tory State in accordance with its own constitutional           apply to the products to which this Decision refers.
rules ;
                                                                                Article 3
Anxious to apply autonomously and concomitantly
the tariff reductions laid down in that Agreement ;            The Member States shall decide by common accord
In agreement with the Commission,                              on any contingent protective measures suggested by
                                                               one or more Member States or by the Commission .
HAVE DECIDED AS FOLLOWS :
                                                                                Article 4
                         Article 1                             This Decision shall expire on the entry into force of
                                                               the Agreement between the Member States of the
 1 . With effect from 1 July 1975, the duties appli           European Coal and Steel Community and the State of
cable in the Community to imports of products                  Israel, and no later than 30 June 1976.
covered by the European Coal and Steel Community
and originating in Israel shall be reduced to 40 % of
                                                                                Article 5
the basic duty or levied at the rate of 40 % of the
basic duty.
                                                               Member States shall adopt all the measures necessary
With effect from 1 January 1976, the duties appli             for the implementation of this Decision .
cable in the Community to imports of products
covered by the European Coal and Steel Community
and originating in Israel shall be reduced to 20 % of           Done at Luxembourg, 26 June 1975.
the basic duty or levied at the rate of 20 % of the
basic duty.                                                                                The President
2.    The basic duties referred to in this Decision
shall be :                                                                                P. BARRY


title: 79/43/EEC: Council Decision of 21 December 1978 concerning the conclusion of the Agreement in the form of an exchange of letters extending and amending until 30 June 1978 the Convention between the European Economic Community and the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) and laying down transitional measures with a view to the conclusion of a new Convention

text:
No L 13/56                          Official Journal of the European Communities                          19 . 1 . 79
                                                COUNCIL DECISION
                                                 of 21 December 1978
            concerning the conclusion of the Agreement in the form of an exchange of
            letters extending and amending until 30 June 1978 the Convention between the
             European Economic Community and the United Nations Relief and Works
            Agency for Palestine Refugees (UNRWA) and laying down transitional measures
                               with a view to the conclusion of a new Convention
                                                      (79/43/EEC)
THE COUNCIL OF THE EUROPEAN                                    Convention between the European Economic Commu
COMMUNITIES,                                                   nity and the United Nations Relief and Works
                                                              Agency for Palestine Refugees (UNRWA) is hereby
Having regard to the Treaty establishing the European         approved on behalf of the Community.
Economic Community and in particular Articles 113,
114 and 228 thereof,
                                                              The text of the Agreement is annexed to this Deci
                                                              sion .
Having regard to the recommendation from the
Commission ,
Whereas on 20 July 1976 the Community concluded                                      Article 2
a Convention with UNRWA concerning aid to refu
gees in the countries of the Near East for the period          Pending the conclusion of a new Convention,
July 1975 to December 1976 ( 1);                               Community aid to UNRWA shall be supplied for the
                                                               rest of 1978 in accordance with the modified provi
Whereas under Article 10 the Convention may be                sions of the Convention referred to in Article 1 .
extended for subsequent periods with or without
amendment by agreement between the two parties
until 30 June 1978 ;                                                                 Article 3
Whereas the Convention should, subject to certain             The President of the Council is hereby authorized to
amendments, not only be extended until this date but           designate the persons empowered to sign the Agree
also be applied during the rest of 1978 so that                ment in order to bind the Community.
Community aid can be granted in a comprehensive
and continuous fashion before the conclusion of a
new Convention,
                                                               Done at Brussels, 21 December 1978 .
HAS DECIDED AS FOLLOWS :
                                                                                For the Council
                         Article 1
                                                                                The President
The Agreement in the form of an exchange of letters
extending and amending until 30 June 1978 the                                        Otto Graf LAMBSDORFF
(>) OJ No L 203, 29 . 7. 1976, p. 40 .


title: 78/550/ECSC: Decision of the representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council of 26 June 1978 extending the period of validity of Decision 76/564/ECSC opening tariff preferences for products covered by that Community and originating in Tunisia

text:
 29 . 6. 78                           Official Journal of the European Communities                        No L 175 /23
                                                             II
                                        (Acts whose publication is not obligatory)
                                                     COUNCIL
               DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE
               MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY,
                                          MEETING WITHIN THE COUNCIL
                                                     of 26 June 1978
               extending the period of validity of Decision 76/564/ECSC opening tariff preferences for
                            products covered by that Community and originating in Tunisia
                                                      (78/550/ECSC)
 THE REPRESENTATIVES OF THE GOVERNMENTS                         HAVE DECIDED AS FOLLOWS :
OF THE MEMBER STATES                OF THE EUROPEAN
 COAL AND STEEL COMMUNITY, MEETING WITHIN
 THE COUNCIL,                                                                          Article 1
Whereas, pending the entry into force of the
Agreement between the Member States of the                      In Article 4 of Decision 76/564/ECSC, the date '30
European Coal and Steel Community and the                       June 1978' is hereby replaced by '30 June 1979'.
Republic of Tunisia signed on 25 April 1976, the
representatives of the Governments of the
Member States adopted autonomously and concomi                                        Article 2
tantly Decision 76/564/ECSC opening tariff
preferences for products covered by that Community
and originating in Tunisia (1 ), extended by Decision           Member States shall adopt all the measures necessary
77/417/ECSC (2), and applicable until 30 June 1978              for the implementation of this Decision.
at the latest;
Whereas the said Agreement has not yet entered into             Done at Luxembourg, 26 June 1978.
force; whereas the period of validity of the
autonomous measures should be extended by one
year ;                                                                                The President
In agreement with the Commission.                                                                K. B. ANDERSEN
(x) OJ No L 175, 1 . 7. 1976, p. 7.
(2) OJ No L 169, 7. 7. 1977, p. 25.