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31997D0281

97/281/EC: Commission Decision of 21 April 1997 on the role of Eurostat as regards the production of Community statistics

Official Journal L 112 , 29/04/1997 P. 0056 - 0057

COMMISSION DECISION of 21 April 1997 on the role of Eurostat as regards the production of Community statistics (97/281/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 155 thereof,Whereas Council Regulation (EC) No 322/97 of 17 February 1997 on Community statistics (1) (hereinafter referred to as 'the Basic Regulation`) assigns certain tasks and obligations to the Community authority involved in the production of Community statistics;Whereas Article 2 of the Basic Regulation defines, for the purposes of that Regulation, the 'Community authority` as 'the Commission department responsible for carrying out the tasks devolving on the Commission as regards the production of Community statistics (Eurostat)`;Whereas the implementation of the Basic Regulation requires a further definition of the role of Eurostat as regards the production of Community statistics;Whereas Eurostat must be able to act in accordance with the principles of impartiality, reliability, relevance, cost-effectiveness, statistical confidentiality and transparency;Whereas to ensure the coherence, feasibility and consistency of Community statistics, the importance of cooperation and coordination procedures must be reaffirmed between the Commission services which participate in the production of such information at Community level;Whereas the implementation of the Basic Regulation requires the protection of the confidential data which the national and Community authorities collect for the production of Community statistics;Whereas the implementation of the Basic Regulation requires the organization of dissemination by national and Community authorities,HAS ADOPTED THIS DECISION:Article 1 Objective The objective of this Decision is to implement Regulation (EC) No 322/97 ('the Basic Regulation`) within the internal organization of the Commission, and in particular to define the role and the responsibilities of the Statistical Office of the European Communities (Eurostat) pursuant to the development of the tasks of the Community authority in implementing Community statistics, and of the principles as defined in Article 10 of the Basic Regulation.Article 2 Eurostat Eurostat is the Community authority referred to in the fourth indent of Article 2 of the Basic Regulation.Eurostat is a service of the Commission, headed by a Director-General.Article 3 Principles Eurostat shall execute its tasks in accordance with the principles of impartiality, reliability, relevance, cost-effectiveness, statistical confidentiality and transparency defined in Article 10 of the Basic Regulation.Article 4 Tasks of Eurostat Within the Commission, Eurostat, in concertation with the Steering Committee on Statistical Information (2), is in charge of the implementation of the Community statistical programme, and in particular of:(a) developing a set of norms and methods which allow impartial, reliable, relevant and cost-effective statistics to be produced throughout the Community;(b) making Community statistics accessible, in accordance with the principles regarding dissemination laid down in Article 11 of the Basic Regulation, to the Community bodies, governments of the Member States, social and economic operators, academic circles and the public in general, in view of the formulation, implementation, monitoring and evaluation of Community policies.To this end Eurostat shall:(a) conduct research on, and further develop, statistical methodology and technologies;(b) prepare, further develop and promote the adoption of Community statistical standards by Member States in order to improve the comparability of Community statistics, as well as the cost-effectiveness of their production;(c) advise and support Member States on statistical matters;(d) compile statistical information on the basis of adequate data, undertake analysis and provide technical explanation to avoid erroneous interpretation or analysis;(e) collect statistics from national statistical authorities and from secretariats of international organizations the data required for Community statistical purposes;(f) reinforce the process of cooperation with and between national statistical authorities through mutual exchanges of experts, participation in statistical activities and the development of training systems;(g) cooperate with international organizations and third countries in order to facilitate the comparability of Community statistics with statistics produced in other statistical systems, and, where appropriate, support third countries in the improvement of their statistical systems;(h) upgrade the professional statistical knowledge and skills of Commission staff working in the field of Community statistics.Article 5 Technical autonomy Within its area of competence, Eurostat is in charge of the selection of scientific techniques, definitions and methodologies best suited to the attainment of the principles and objectives laid down in the Basic Regulation.Article 6 Participation of other Commission services in the production of Community statistics The Commission may decide that services other than Eurostat are to participate in the production process for Community statistics, and in which activities and to what extent.Article 7 Responsibilities for coordination and cooperation Within the Commission, Eurostat, assisted by the Steering Committee on Statistical Information (SCSI), in accordance with the decision adopted by the Commission on 28 February 1990 on the coordination of statistical work and the role of Eurostat (3) and on 29 February 1996 on improving statistical work in the Commission (4):(a) shall coordinate all statistical activities with regard to the preparation and implementation of Community action in the field of statistics; and(b) shall ensure an appropriate level of cooperation with other Community bodies.Article 8 Community statistical programme In accordance with the provisions of Chapters I and II of the Basic Regulation, the activities of all Commission services in the field of Community statistics, shall be determined by the Community statistical programme.Article 9 Use of confidential data Data considered confidential pursuant to Article 13 of the Basic Regulation shall be made accessible within the Commission, according to the Articles in Chapter V of the Basic Regulation, only to officials of Eurostat, other staff of Eurostat and other natural persons working on the premises of Eurostat under contract, and shall be used by them only for the purposes defined in the framework of the Basic Regulation.Article 10 Access to administrative data and use of these data In accordance with Article 16 of the Basic Regulation, Eurostat shall have access to all administrative data sources held by Commission services, wherever such data are necessary for the production of Community statistics.Article 11 Dissemination Eurostat shall ensure that Community statistics, together with the technical explanations necessary for their use, are disseminated in such a way that access to Community statistical information is simple and impartial throughout the Community.Done at Brussels, 21 April 1997.For the CommissionYves-Thibault DE SILGUYMember of the Commission(1) OJ No L 52, 22. 2. 1997, p. 1.(2) Set up in the Commission communication of 26 September 1991 (SEC(91) 1793).(3) See SEC(90) 337.(4) See SEC(96) 253/4.


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32000D0576

2000/576/EC, Euratom: Council Decision of 18 September 2000 appointing a Netherlands member of the Economic and Social Committee

Official Journal L 243 , 28/09/2000 P. 0032 - 0032

Council Decisionof 18 September 2000appointing a Netherlands member of the Economic and Social Committee(2000/576/EC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 258 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 166 thereof,Having regard to the Council Decision of 15 September 1998 appointing the members of the Economic and Social Committee for the period from 21 September 1998 to 20 September 2002(1),Whereas a member's seat on that Committee has fallen vacant following the resignation of Mr Philip H. Noordwal, of which the Council was informed on 12 October 1999,Having regard to the nominations submitted by the Netherlands Government,Having obtained the opinion of the Commission of the European Communities,HAS DECIDED AS FOLLOWS:Sole ArticleMr. A. M. Huntjens is hereby appointed a member of the Economic and Social Committee in place of Mr Philip H. Noordwal for the remainder of his term of office, which runs until 20 September 2002.Done at Brussels, 18 September 2000.For the CouncilThe PresidentH. Védrine(1) OJ L 257, 19.9.1998, p. 37.


title: Council Decision (EU) 2015/773 of 11 May 2015 establishing the Social Protection Committee and repealing Decision 2004/689/EC

text:
               14.5.2015

               EN

               Official Journal of the European Union

               L 121/16

         COUNCIL DECISION (EU) 2015/773
   of 11 May 2015
   establishing the Social Protection Committee and repealing Decision 2004/689/EC
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 160 thereof,
   Having regard to the opinion of the European Parliament,
   Whereas:

               (1)

               In its Communication ‘A Concerted Strategy for modernising social protection’ of 14 July 1999 the Commission made suggestions for the enhancement of cooperation in the field of social protection by, among other things, setting up a group of high-level officials.

               (2)

               In its resolution of 16 February 2000, the European Parliament welcomed the Commission's communication and the creation of such a group.

               (3)

               In its Conclusions of 17 December 1999 on the strengthening of cooperation for modernising and improving social protection (1), the Council supported the Commission's proposal to establish a mechanism for enhanced cooperation, brought about by the work of the group of high-level officials, for the implementation of this action. The Council stressed that this kind of cooperation should cover all forms of social protection and, where necessary, help the Member States to improve and strengthen their social protection systems in accordance with their national priorities. It also recalled the competence of the Member States for the organisation and financing of social protection and endorsed the four broad objectives within the overall challenge of modernising social protection systems as identified by the Commission: namely to make work pay and provide secure income, to make pensions safe and pension systems sustainable, to promote social inclusion and to ensure high quality and sustainable health care. It also underlined that equality between women and men must be mainstreamed in all activities aiming at these four objectives. Finally, the Council recognised that the aspects relating to finance are common to all the objectives.

               (4)

               The conclusions of the Lisbon European Council on 23 and 24 March 2000 acknowledged the importance of social protection in further developing and modernising an active and dynamic welfare state in Europe, and called upon the Council to strengthen cooperation between Member States by exchanging experiences and best practice on the basis of improved information networks.

               (5)

               At Nice and at its subsequent meetings, the European Council has regularly endorsed the work done by the Social Protection Committee in promoting and enhancing the Union policy exchange and coordination of social protection.

               (6)

               The Social Protection Committee set up by Council Decision 2000/436/EC (2) repealed and replaced by Council Decision 2004/689/EC (3) has clearly demonstrated its utility as an advisory body for both the Council and the Commission and has contributed actively to the development of the Open Method of Coordination (OMC), as established by the Lisbon European Council on 23 and 24 March 2000. The opinion of the Social Protection Committee ‘Reinvigorating the social OMC in the context of the Europe 2020 Strategy’ as endorsed by the Council on 17 June 2011, reaffirms the validity of the objectives and tools of the social OMC. The Committee's role in the framework of the OMC should be reflected in this Decision.

               (7)

               In its conclusions of 27 and 28 June 2013, the European Council stated that the social dimension of the Economic and Monetary Union should be strengthened. As a first step, it is important to better monitor and take into account the social and labour market situation within the Economic and Monetary Union, notably by using appropriate social and employment indicators within the European Semester. It is also important to ensure better coordination of employment and social policies, while fully respecting national competences.

               (8)

               In its conclusions of 24 and 25 October 2013, the European Council stated that the coordination of economic, employment and social policies will be further enhanced in line with existing procedures while fully respecting national competences. The European Council considered that this requires more work to strengthen cooperation between the various Council configurations in order to ensure consistency of those policies in line with the common objectives.

               (9)

               This Decision should reflect the development of the European Semester and the role of the Committee in this process. In particular, Council Regulation (EC) No 1466/97 (4) provides that the Economic and Financial Committee, the Economic Policy Committee, the Employment Committee and the Social Protection Committee are to be consulted within the framework of the European Semester, where appropriate. Moreover, Regulation (EU) No 1176/2011 of the European Parliament and of the Council (5) provides that the in-depth reviews are to take into account, where appropriate, Council recommendations or invitations addressed to Member States. It also provides that a corrective action plan for any Member States for which an excessive imbalance procedure is opened is to take into account the economic and social impact of the policy actions and is to be consistent with the broad economic policy guidelines and the employment guidelines.

               (10)

               The Committee and the Union bodies involved in the coordination of economic and social policies, in particular the Employment Committee, the Economic and Financial Committee and the Economic Policy Committee, should work closely together. Where appropriate and mutually agreed between the involved Committees, the Committee's cooperation with the Employment Committee, the Economic and Financial Committee and the Economic Policy Committee may include the organisation of joint meetings, in particular in the context of the Committees' respective roles within the European Semester.

               (11)

               In order to effectively deliver on its Treaty mandate and to allow for the necessary flexibility to adapt to the timetable of the activities of the Committee, in particular within the framework of the European Semester cycle, the governance provisions relating to the functioning of the Committee should be revised with a view to ensuring efficiency and continuity.

               (12)

               Decision 2004/689/EC should be repealed,

         HAS ADOPTED THIS DECISION:
   Article 1
   Establishment
   A Social Protection Committee (‘the Committee’) with advisory status is hereby established to promote cooperation on social protection policies between Member States and with the Commission, in full compliance with the Treaty and with due regard for the powers of the Union institutions and bodies.
   Article 2
   Tasks
   1.   The tasks of the Committee shall be:

               (a)

               to monitor the social situation and the development of social protection policies in the Member States and the Union;

               (b)

               to promote exchanges of information, experience and good practice between Member States and with the Commission;

               (c)

               without prejudice to Article 240 of the Treaty, to prepare reports, formulate opinions or undertake other work within its fields of competence, at the request of either the Council or the Commission or on its own initiative.

         2.   For the purposes of paragraph 1, the Committee shall, in particular, endeavour:

               (a)

               to make use of the open method of coordination, including by applying jointly agreed monitoring instruments and implementing mutually agreed evaluation arrangements in the implementation of common objectives agreed by the Council;

               (b)

               to contribute to all aspects of the European Semester within its field of competence and report on them to the Council;

               (c)

               to work, as appropriate, in cooperation with other relevant bodies and committees dealing with social and economic policy matters, such as the Employment Committee, the Economic and Financial Committee, the Economic Policy Committee and the Working Party on Public Health at Senior Level.

         3.   Each year, the Committee shall adopt a work programme, taking into account the policy priorities of the Council and the Commission. The work programme shall be transmitted to the Council.
   4.   In fulfilling its mandate, the Committee shall cooperate with the social partners. It shall, in this context, establish contacts with the social partners represented at the Tripartite Social Summit for Growth and Employment established by Council Decision 2003/174/EC (6). The Committee shall establish appropriate contacts with social non-governmental organisations, account being taken of their respective roles and responsibilities in the social protection sphere. The European Parliament shall also be informed of the activities of the Committee.
   5.   The Committee may call on external experts where its agenda so requires.
   6.   The Committee shall establish contacts with representatives of the candidate countries.
   Article 3
   Membership
   1.   Each Member State and the Commission shall appoint two members of the Committee. They may also appoint two alternate members.
   2.   Member States and the Commission shall use their best endeavours to achieve a gender balance in the composition of the Committee.
   Article 4
   Operation
   1.   The Committee shall elect its Chairperson from among the members appointed by the Member States for a term of 2 years. The Chairperson may be re-elected once for a further term of 2 years. The Committee may decide to extend the Chairperson's term by up to 8 months in duly justified cases, to ensure the efficiency and continuity of its work. The Chairperson may serve up to a total of 4 years and 8 months.
   2.   The Chairperson shall be assisted by four Vice-Chairpersons of whom two shall be elected by the Committee from among its members for a term of 2 years, which shall be renewable once. The third Vice-Chairperson shall be a representative from the Member State holding the Presidency of the Council. The fourth Vice-Chairperson shall be a representative from the Member State that will hold the next Presidency.
   3.   The Chairperson shall delegate his voting right to his alternate.
   4.   Meetings of the Committee shall be convened by the Chairperson, either on his own initiative or at the request of at least half of the members of the Committee.
   5.   The Committee shall establish its own rules of procedure.
   6.   Expenses shall be reimbursed in accordance with the administrative rules in force.
   7.   The Commission shall provide adequate analytical and organisational support for the Committee. The Commission shall designate a member of its staff as Secretary. The Secretary and the staff assisting him shall act on the instructions of the Committee when assisting the Committee in carrying out its tasks. The Secretary shall liaise with the General Secretariat of the Council with regard to the holding of meetings.
   Article 5
   Working groups
   1.   The Committee may entrust the study of specific questions to its alternate members or may establish working groups to this end. The Chair of such a working group shall be taken by either a Vice-Chairperson of the Committee, a member or an alternate member of the Committee, a Commission official, or a member of the working group itself appointed by the Committee.
   2.   The Commission shall provide adequate analytical and organisational support for the working groups.
   3.   The working groups may call upon experts to assist them.
   4.   The Committee may equally establish joint working groups with other committees or bodies, the establishment and governing rules of which shall be determined jointly.
   Article 6
   Transitional provisions
   The term of any member elected in accordance with Article 3 of Decision 2004/689/EC shall continue until the end of that term as determined in accordance with Article 4 of this Decision. The date of the beginning of such a term shall be considered to be the date of the election having taken place in accordance with Article 3 of Decision 2004/689/EC.
   Article 7
   Repeal
   Decision 2004/689/EC shall be repealed as from the date of the first meeting of the Committee following the entry into force of this Decision. That meeting of the Committee shall take place no later than 4 months after the date of adoption of this Decision.
   Article 8
   Entry into force
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 11 May 2015.

            For the Council

            The President

         J. DŪKLAVS

      (1)  OJ C 8, 12.1.2000, p. 7.

      (2)  Council Decision 2000/436/EC of 29 June 2000 setting up a Social Protection Committee (OJ L 172, 12.7.2000, p. 26).

      (3)  Council Decision 2004/689/EC of 4 October 2004 establishing a Social Protection Committee and repealing Decision 2000/436/EC (OJ L 314, 13.10.2004, p. 8).

      (4)  Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (OJ L 209, 2.8.1997, p. 1).

      (5)  Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances (OJ L 306, 23.11.2011, p. 25).

      (6)  Council Decision 2003/174/EC of 6 March 2003 establishing a Tripartite Social Summit for Growth and Employment (OJ L 70, 14.3.2003, p. 31).


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31999D0260

1999/260/EC: Council Decision of 30 March 1999 appointing two alternate members of the Committee of the Regions

Official Journal L 100 , 15/04/1999 P. 0037 - 0037

COUNCIL DECISIONof 30 March 1999appointing two alternate members of the Committee of the Regions(1999/260/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 198A thereof,Having regard to the Council Decision of 26 January 1998(1) appointing the members and alternate members of the Committee of the Regions,Whereas two seats as alternate members of the Committee have become vacant following the resignation of Ms Ulla Petterson and Mr Per-Olof Svensson, alternate members, notified to the Council on 9 November 1998,Having regard to the proposal from the Swedish Government,HAS DECIDED AS FOLLOWS:Sole ArticleMr Åke Bengtsson and Ms Ingibjörg Sigurdsdottir are hereby appointed alternate members of the Committee of the Regions to replace Ms Ulla Petterson and Mr Per-Olof Svensson for the remainder of their term of office, i.e. until 25 January 2002.Done at Brussels, 30 March 1999.For the CouncilThe PresidentK.-H. FUNKE(1) OJ L 28, 4.2.1998, p. 19.


title: Council Decision (EU) 2015/633 of 20 April 2015 on the submission, on behalf of the European Union, of a proposal for the listing of additional chemicals in Annex A to the Stockholm Convention on Persistent Organic Pollutants

text:
               23.4.2015

               EN

               Official Journal of the European Union

               L 104/14

         COUNCIL DECISION (EU) 2015/633
   of 20 April 2015
   on the submission, on behalf of the European Union, of a proposal for the listing of additional chemicals in Annex A to the Stockholm Convention on Persistent Organic Pollutants
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1), in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 14 October 2004, the European Community approved the Stockholm Convention on Persistent Organic Pollutants (‘the Convention’) by Council Decision 2006/507/EC (1).

               (2)

               As a Party to the Convention, the Union may submit proposals for amendment of the Annexes to the Convention. Annex A to the Convention lists persistent organic pollutants to be eliminated.

               (3)

               According to available scientific information and review reports, and taking due account of the screening criteria set out in Annex D to the Convention, perfluorooctanoic acid (PFOA), its salts and PFOA-related substances that can be degraded to PFOA under environmental conditions (‘PFOA and its compounds’) exhibit characteristics of persistent organic pollutants.

               (4)

               In accordance with Article 59(1) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (2) and a dossier prepared in accordance with Annex XV of that Regulation, PFOA and its ammonium salt (APFO) have been included in the candidate list of substances of very high concern having been identified as meeting the criteria of point (c) of Article 57 of that Regulation as toxic for reproduction category 1B and, in particular, that they also meet the criteria of point (d) of Article 57 of that Regulation as substances which are persistent, bioaccumulative and toxic.

               (5)

               Pursuant to Article 69(4) of Regulation (EC) No 1907/2006, PFOA and its compounds are currently the subject of another dossier prepared in accordance with Annex XV of that Regulation, submitted to the European Chemical Agency, aiming to restrict the manufacture, placing on the market or use of PFOA and its compounds on their own, or as constituents of other substances, in a mixture or articles.

               (6)

               PFOA and its compounds are substances with worldwide dispersive uses and are ubiquitously detected in the environment. Due to the potential for long-range environmental transport of PFOA, the measures taken at Union level are not sufficient to safeguard the high level of protection of the environment and human health and wider international action is necessary.

               (7)

               The Union should therefore submit a proposal to the Secretariat of the Convention for the listing of PFOA and its compounds in Annex A to the Convention. That proposal and the Union's position regarding the conditions for listing PFOA and its compounds in Annex A to the Convention should take account of any relevant information obtained in the course of the on-going restriction procedure under Articles 68 to 73 of Regulation (EC) No 1907/2006,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The Union shall submit a proposal for the listing of perfluorooctanoic acid and its compounds in Annex A to the Stockholm Convention on Persistent Organic Pollutants.
   2.   The Commission shall communicate the proposal on behalf of the Union to the Secretariat of the Convention with all the information required under Annex D to the Convention.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 20 April 2015.

            For the Council

            The President

         J. DŪKLAVS

      (1)  Council Decision 2006/507/EC of 14 October 2004 concerning the conclusion, on behalf of the European Community, of the Stockholm Convention on Persistent Organic Pollutants (OJ L 209, 31.7.2006, p. 1).

      (2)  Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).


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31974D0578

74/578/Euratom: Commission Decision of 13 November 1974 amending the Decision of 13 January 1971 with regard to the place of work of the Director-General of the Joint Nuclear Research Centre (JRC) and its departments

Official Journal L 316 , 26/11/1974 P. 0012 - 0012 Finnish special edition: Chapter 12 Volume 1 P. 0063  Swedish special edition: Chapter 12 Volume 1 P. 0063  Greek special edition: Chapter 01 Volume 1 P. 0226  Spanish special edition: Chapter 12 Volume 2 P. 0016  Portuguese special edition Chapter 12 Volume 2 P. 0016

COMMISSION DECISION  of 13 November 1974  amending the Decision of 13 January 1971 with regard to the place of work of the Director-General of the Joint Nuclear Research Centre (JRC) and its departments  (74/578/Euratom)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 8 thereof;  Whereas the Commission adopted a Decision on the reorganization of the Joint Nuclear Research Centre (JRC) on 13 January 1971 (1);  Whereas the abovementioned Decision should be amended as regards the place of work of the Director General of the JRC,  HAS DECIDED AS FOLLOWS:     Sole Article  Article 3 (2) of the Commission Decision of 13 January 1971 shall be amended as follows:  "Brussels is the place of work of the Director-General and the departments directly attached to him."    Done at Brussels, 13 November 1974.  For the Commission  The President  François-Xavier ORTOLI (1)OJ No L 16, 20.1.1971, p. 14.


title: 2011/780/EU: Council Decision of 28 November 2011 on the position to be taken by the European Union in the EEA Joint Committee concerning an amendment to Annex XIII (Transport) to the EEA Agreement

text:
               2.12.2011

               EN

               Official Journal of the European Union

               L 319/1

         COUNCIL DECISION
   of 28 November 2011
   on the position to be taken by the European Union in the EEA Joint Committee concerning an amendment to Annex XIII (Transport) to the EEA Agreement
   (2011/780/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) in conjunction with Article 218(9) thereof,
   Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Annex XIII to the Agreement on the European Economic Area (hereinafter ‘the Agreement’) contains specific provisions and arrangements concerning transport.

               (2)

               Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (2) has as its principal objective to establish and maintain a high uniform level of civil aviation safety within the Union.

               (3)

               The activities of the European Aviation Safety Agency may affect the level of civil aviation safety within the European Economic Area.

               (4)

               Regulation (EC) No 216/2008 should therefore be incorporated into the Agreement in order to allow for the full participation of the EFTA States in the European Aviation Safety Agency.

               (5)

               Since Regulation (EC) No 216/2008 repeals Regulation (EC) No 1592/2002 (3), which is incorporated into the Agreement, Regulation (EC) No 1592/2002 should consequently be repealed under the Agreement.

               (6)

               Annex XIII to the Agreement should be amended accordingly.

               (7)

               The Union should therefore take the position set out in the attached draft Decision within the EEA Joint Committee,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken by the European Union in the EEA Joint Committee on the envisaged amendment to Annex XIII (Transport) to the Agreement shall be based on the draft Decision of the EEA Joint Committee attached to this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 28 November 2011.

            For the Council

            The President

         K. SZUMILAS

      (1)  OJ L 305, 30.11.1994, p. 6.

      (2)  OJ L 79, 19.3.2008, p. 1.

      (3)  Regulation (EC) No 1592/2002 of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency (OJ L 240, 7.9.2002, p. 1).

      DRAFT
      DECISION No …/2011 OF THE EEA JOINT COMMITTEE
      of …
      amending Annex XIII (Transport) to the EEA Agreement
      THE EEA JOINT COMMITTEE,
      Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area (hereinafter ‘the Agreement’), and in particular Article 98 thereof,
      Whereas:

                  (1)

                  Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No …/… of … (1).

                  (2)

                  Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (2) has as its principal objective to establish and maintain a high uniform level of civil aviation safety within the Union.

                  (3)

                  The activities of the European Aviation Safety Agency may affect the level of civil aviation safety within the European Economic Area.

                  (4)

                  Regulation (EC) No 216/2008 should therefore be incorporated into the Agreement in order to allow for the full participation of the EFTA States in the European Aviation Safety Agency.

                  (5)

                  Regulation (EC) No 216/2008 repeals Regulation (EC) No 1592/2002 of the European Parliament and of the Council (3), which is incorporated into the Agreement and which should consequently be repealed under the Agreement,

            HAS ADOPTED THIS DECISION:
      Article 1
      Annex XIII to the Agreement shall be amended as specified in the Annex to this Decision.
      Article 2
      The text of Regulation (EC) No 216/2008 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
      Article 3
      This Decision shall enter into force on …, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (4).
      Article 4
      This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

         Done at Brussels, …

               For the EEA Joint Committee

               The President

               The Secretaries to the EEA Joint Committee

         (1)  OJ L ….

         (2)  OJ L 79, 19.3.2008, p. 1.

         (3)  OJ L 240, 7.9.2002, p. 1.

         (4)  [No constitutional requirements indicated.] [Constitutional requirements indicated.]

         Declaration by the EFTA States to Decision of the EEA Joint Committee No … incorporating Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC into the Agreement

            ‘Regulation (EC) No 216/2008 of the European Parliament and of the Council deals among other things with the authority to impose fines and periodic penalty payments in the area of aviation safety. The incorporation of this Regulation is without prejudice to the institutional solutions with regard to future acts conferring powers to impose sanctions.’

         ANNEX

            To Decision of the EEA Joint Committee No …

         Annex XIII to the Agreement shall be amended as follows:

                     (1)

                     the following indent shall be added to points 66a (Council Regulation (EEC) No 3922/91) and 66r (Directive 2004/36/EC of the European Parliament and of the Council):

                                 ‘—

                                    32008 R 0216: Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 (OJ L 79, 19.3.2008, p. 1).’;

                     (2)

                     the following shall be added to point 68a (Council Directive 91/670/EEC):
                     ‘, as amended by:

                                 —

                                    32008 R 0216: Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 (OJ L 79, 19.3.2008, p. 1).’;

                     (3)

                     the text of point 66n (Regulation (EC) No 1592/2002 of the European Parliament and of the Council) shall be replaced by the following:
                     ‘32008 R 0216: Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (OJ L 79, 19.3.2008, p. 1).
                     The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:

                                 (a)

                                 unless otherwise stipulated below, and notwithstanding the provisions of Protocol 1 to the Agreement, the term “Member State(s)” contained in the Regulation shall be understood to include, in addition to its meaning in the Regulation, the EFTA States. Paragraph 11 of Protocol 1 shall apply;

                                 (b)

                                 as regards the EFTA States, the Agency shall, as and when appropriate, assist the EFTA Surveillance Authority or the Standing Committee, as the case may be, in the performance of their respective tasks. The Agency and the EFTA Surveillance Authority or the Standing Committee, as the case may be, shall cooperate and exchange information as and when appropriate;

                                 (c)

                                 nothing in this Regulation shall be construed so as to transfer to the Agency authority to act on behalf of the EFTA States under international agreements for other purposes than to assist in the performance of their obligations pursuant to such agreements;

                                 (d)

                                 Article 12 shall be amended as follows:

                                             (i)

                                             in paragraph 1, the words “or an EFTA State” shall be inserted after the words “the Community”;

                                             (ii)

                                             paragraph 2 shall be replaced by the following:
                                             “Whenever the Union negotiates with a third country in order to conclude an agreement providing that a Member State or the Agency may issue certificates on the basis of certificates issue by the aeronautical authorities of that third country, it shall endeavour to obtain for the EFTA States an offer of a similar agreement with the third country in question. The EFTA States shall, in turn, endeavour to conclude with third countries agreements corresponding to those of the Union.”;

                                 (e)

                                 the following subparagraph shall be added to Article 14(7):
                                 “Without prejudice to paragraph 4(d) of Protocol 1 to the EEA Agreement, when the Commission and the EFTA Surveillance Authority exchange information on a decision taken pursuant to this paragraph, the Commission shall communicate the information received from the EFTA Surveillance Authority to the EU Member States and the EFTA Surveillance Authority shall communicate the information received from the Commission to the EFTA States.”;

                                 (f)

                                 the following paragraph shall be added to Article 15:
                                 “5.   Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents shall, for the application of the Regulation, apply to any documents of the Agency regarding the EFTA States as well.”;

                                 (g)

                                 the following shall be added to Article 17(2)(b):
                                 “The Agency shall also assist the EFTA Surveillance Authority and provide it with the same support, where such measures and tasks fall within the competence of the Authority pursuant to the Agreement.”;

                                 (h)

                                 Article 17(2)(e) shall be replaced by the following:
                                 “in its field of competence carry out functions and tasks ascribed to the Contracting Parties by applicable international conventions, in particular the Chicago Convention. The national aviation authorities of the EFTA States shall perform such functions and tasks only as foreseen in this Regulation.”;

                                 (i)

                                 the first sentence of Article 20 shall be replaced by the following:
                                 “With regard to products, parts and appliances referred to in Article 4(1)(a) and (b), the Agency shall, where applicable and as specified in the Chicago Convention or its Annexes, carry out the functions and tasks of the state of design, manufacture or registry when related to design approval. The national aviation authorities of the EFTA States shall perform such functions and tasks only as ascribed to them pursuant to the present Article.”;

                                 (j)

                                 Article 24 shall be amended as follows:

                                             (i)

                                             the following shall be added to paragraph 1:
                                             “The Agency shall report to the EFTA Surveillance Authority on standardisation inspections in an EFTA State.”;

                                             (ii)

                                             the following shall be added to paragraph 4:
                                             “As regards the EFTA States, the Agency shall be consulted by the EFTA Surveillance Authority.”;

                                 (k)

                                 the following shall be added to Article 25(1):
                                 “The power to impose fines and periodic penalty payments on the persons and undertakings to which the Agency has issued a certificate shall in the case where such persons or undertakings are established in an EFTA State be vested in the EFTA Surveillance Authority.”;

                                 (l)

                                 in Article 25(4) the words “The Court of Justice of the European Communities” shall be replaced by “The EFTA Court” and the word “Commission” shall be replaced by “EFTA Surveillance Authority” with regard to the EFTA States;

                                 (m)

                                 the following paragraph shall be added to Article 29:
                                 “4.   By way of derogation from Article 12(2)(a) of the Conditions of employment of other servants of the European Union, nationals of the EFTA States enjoying their full rights as citizens may be engaged under contract by the Executive Director of the Agency.”;

                                 (n)

                                 the following shall be added to Article 30:
                                 “The EFTA States shall apply to the Agency and to its staff the Protocol of Privileges and Immunities of the European Union and applicable rules adopted pursuant to that Protocol.”;

                                 (o)

                                 the following words shall be inserted after the word “Community” in Article 32(1):
                                 “, Icelandic and Norwegian”;

                                 (p)

                                 the following shall be inserted after Article 33(2)(c):

                                             “(ca)

                                             the annual general report and the Agency’s programme of work, pursuant to paragraphs (b) and (c) respectively, shall be forwarded to the EFTA Surveillance Authority;”;

                                 (q)

                                 the following paragraph shall be added to Article 34:
                                 “4.   The EFTA States shall participate fully in the Management Board and shall within it have the same rights and obligations as EU Member States, except for the right to vote.”;

                                 (r)

                                 the following paragraph shall be added to Article 41:
                                 “6.   Nationals of the EFTA States shall be eligible as members, including Chairpersons, of the Boards of Appeal. When the Commission draws up the list of persons referred to in paragraph 3, it shall also consider suitable persons of EFTA States’ nationalities.”;

                                 (s)

                                 the following shall be inserted at the end of Article 54(1):
                                 “As regards the EFTA States, the Agency shall assist the EFTA Surveillance Authority in the performance of the aforesaid tasks.”;

                                 (t)

                                 the following words shall be inserted after the word “Treaty” in the first sentence of Article 58(3):
                                 “or in Icelandic or Norwegian”;

                                 (u)

                                 the following paragraph shall be added to Article 59:
                                 “12.   The EFTA States shall participate in the financial contribution from the Community referred to in paragraph 1(a). For this purpose, the procedures laid down in Article 82(1)(a) of, and Protocol 32 to, the Agreement shall apply mutatis mutandis.”;

                                 (v)

                                 the following paragraphs shall be added to Article 65:
                                 “8.   The EFTA States shall participate fully in the committee established pursuant to paragraph 1 and shall within it have the same rights and obligations as EU Member States, except for the right to vote.
                                 9.   Where, in the absence of an agreement between the Commission and the committee, the Council may take a decision on the matter in question, the EFTA States may raise the issue in the EEA Joint Committee in conformity with Article 5 of the Agreement.”;

                                 (w)

                                 where applicable, and unless otherwise provided, the above adaptations shall apply mutatis mutandis to other Union legislation conferring powers on the Agency and incorporated into this Agreement.’.


title: 2014/225/EU: Council Decision of 14 April 2014 appointing a Dutch member and a Dutch alternate member of the Committee of the Regions

text:
               24.4.2014

               EN

               Official Journal of the European Union

               L 121/58

         COUNCIL DECISION
   of 14 April 2014
   appointing a Dutch member and a Dutch alternate member of the Committee of the Regions
   (2014/225/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 Dutch Government,
   Whereas:

               (1)

               On 22 December 2009 and on 18 January 2010, the Council adopted Decision 2009/1014/EU (1) and Decision 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 P.G. de VEY MESTDAGH. An alternate member's seat has become vacant following the end of the term of office of Ms S.A.E. POEPJES,

         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:

                           Mr Bote WILPSTRA, member of the Executive Council of the Province of Groningen;

                     and

               (b)

               as alternate member:

                           Mr Hans KONST, member of the Executive Council of the Province of Fryslân.

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

      Done at Luxembourg, 14 April 2014.

            For the Council

            The President

         A. TSAFTARIS

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

      (2)  OJ L 12, 19.1.2010, p. 11.


Avis juridique important

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31989D0573

89/573/EEC: Commission Decision of 30 October 1989 terminating the investigation concerning imports of dicumyl peroxide originating in Taiwan and accepting an undertaking offered in the context of the review concerning imports of dicumyl peroxide originating in Japan and terminating the proceeding

Official Journal L 317 , 31/10/1989 P. 0049 - 0052

*****COMMISSION  DECISION  of 30 October 1989  terminating the investigation concerning imports of dicumyl peroxide originating in Taiwan and accepting an undertaking offered in the context of the review concerning imports of dicumyl peroxide originating in Japan and terminating the proceeding  (89/573/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Community (1), and in particular Articles 9 and 10 thereof,  After consultation within the Advisory Committee as provided for in the above Regulation,  Whereas:  A. PROCEDURE  (1) In 1983 the Commission initiated an anti-dumping proceeding concerning imports of dicumyl peroxide in Japan (2), and imposed a provisional anti-dumping duty on this product (3). The Council later accepted the undertakings offered by the Japanese exporters of the product concerned (4).  (2) In November 1988, pursuant to Article 15 of Regulation (EEC) No 2423/88, the Commission received requests from the European Council of Chemical Manufacturers' Federations (CEFIC) for a review of the measures taken against the Japanese exporter and for the initiation of an anti-dumping proceeding concerning imports of dicumyl peroxide originating in Taiwan.  The requests contained what was judged to be sufficient evidence of dumping and of resulting material injury to warrant the initiation of an anti-dumping proceeding.  (3) Consequently, in a notice published in the Official Journal of the European Communities (5), the Commission announced a review and the initiation of an anti-dumping proceeding concerning imports of dicumyl peroxide originating in Japan and Taiwan respectively. The Commission also pointed out that pursuant to Article 15 (3) of Regulation (EEC) No 2423/88 the undertakings given by the Japanese exporters covered by the review would remain in force pending the outcome of the review.  (4) The Commission officially advised the exporters/producers and importers known to be concerned. Japan's representatives and the complainants and gave the parties directly concerned an opportunity to make known their views in writing and request a hearing.  (5) The Community, the exporters/producers and some importers made known their views in writing. One exporter requested and obtained a hearing.  (6) The Commission sought and verified all the information it deemed necessary for the purposes of making a preliminary determination of dumping and carried out inspections at the premises of:  (a) Community producers:  - N.V. Hercules Europe SA, Brussels, Belgium,  - Montefluos, Milan, Italy;  (b) producers/exporters in non-member countries:  - Concord Chemical industrial Co., Taipei, Taiwan,  - Nippon Oils and Fats Co. Ltd (NOF), Tokyo, Japan.  (7) The investigation covered the period from 1 January 1988 to 31 December 1988.  B. PRODUCT  (8) This proceeding concerns imports of dicumyl peroxide falling within CN code 2909 60 10 (formerly Nimexe code 29 08 91). The product is used to vulcanize rubber and as an additive in fireproofed polystyrene.  (9) In order to assess the effect on the Community industry of imports of dicumyl peroxide originating in Japan or Taiwan, the Commission examined the degree to which the chemical and physical characteristics of the imported products and those from Community producers were comparable, and concluded that these characteristics and the use to which the product was put were identical.  C. INITIATION OF ANTI-DUMPING PROCEEDING AND TERMINATION - TAIWAN  1. Dumping  (a) Normal value  (10) Normal value was calculated on the basis of the prices charged each month in transactions on the domestic market by the Concord Chemical Industrial Co., which exported the product to the Community and provided satisfactory evidence.  (b) Export price  (11) Export prices were determined on the basis of the prices actually paid or payable for the product sold for export to the Community.  (c) Comparison  (12) In comparing normal value with export prices the Commission, in accordance with Article 2 (10) (c) of Regulation (EEC) No 2423/88, took account where appropriate of differences affecting price comparability, such as transport, commissions and credit terms. Monthly normal value figures were compared with export prices for the corresponding month on an ex works basis, transaction by transaction.  (d) Dumping margins  (13) The dumping margin was calculated as being the difference between the normal value established and the duly adjusted export price in the Community. On the basis of the free-at-Community-frontier price no dumping margin emerged.  2. Injury  (14) In the light of this failure to find that dumping was taking place, the Commission considered that there were no grounds for determining whether or not injury had occurred as a result of the imports in question and thus whether or not there was a threat of injury.  3. Termination of the proceeding  (15) In the light of the above, notably the absence of dumping, the Commission considers that no protective measures are needed and that the proceeding should be terminated.  D. REVIEW (SUNSET) - JAPAN  1. Dumping  (a) Normal value  (16) Normal value was calculated on the basis of the prices charged each month in transactions on the domestic market by NOF, which exported the product to the Community and provided satisfactory evidence.  (b) Export price  (17) Export prices were determined on the basis of the prices actually paid or payable for the product sold for export to the Community.  (c) Comparison  (18) In comparing normal value with export prices the Commission, in accordance with Article 2 (10) (c) of Regulation (EEC) No 2423/88, took account where appropriate of differences affecting price comparability, such as transport, commissions and credit terms. Monthly normal value figures were compared with export prices for the corresponding month on an ex-works basis, transaction by transaction.  (d) Dumping margins  (19) The dumping margin was calculated as being the difference between the normal value established and the duly adjusted export price in the Community. On the basis of the free-at-Community-frontier price the weighted average margin was 52 % for NOF.  2. Injury over the period covered by the investigation  (20) In order to determine whether the dumped imports had injured the Community industry, the Commission took account of the following factors. (a) Volume of dumped imports  (21) The Commission observed that between 1985 and 1988 imports of dicumyl peroxide originating in Japan remained stable at the level of the quantitative undertaking given by the Japanese producer.  (22) Japan's market share has fallen from 14 % to 8 % as a result of the growth in the consumption of dicumyl peroxide in the Community, which has risen by 79 %, from 880 tonnes to 1 576 tonnes.  (b) Difference in prices  (23) As regards the import prices, the evidence in the Commission's possession reveals no undercutting of the Community industry's prices during the reference period. It should be noted that over 60 % of the Japanese exports go to Belgium, where their only buyer, for reasons of security of supply, purchases at the same price from all its suppliers, whether these be from within the Community or not. The price is quite substantially higher than that paid by other customers.  (24) Given the specific nature of this situation, the Commission examined the impact of the price of Japanese imports in relation to production costs in the Community, with a profit level of 15 % added, this being considered reasonable and usual in the industry in order to ensure its development. The Commission established that the prices of the Japanese imports were 32 % lower on the German market, the only representative one in this case, since the Japanese exporter's sales on the Spanish market are low and the Belgian market is influenced by the dominant position of the user.  (c) Impact on the Community industry  (25) The Commission noted the following:  - Community production  Between 1985 and 1988 Community production of dicumyl peroxide rose from 590 tonnes to 1 403 tonnes, an increase of approximately 138 %.  - Utilization of capacity  Utilization of Community production capacity has risen from 39 % to 62 %. Though this is not an insignificant rise, utilization of production capacity remains far below what it should be, particularly in comparison with that of the producers in the non-member countries covered by the investigation.  - Sales and market share  Between 1985 and 1988 Community producers' sales of dicumyl peroxide rose both on the Community market (up 128 %) and on export markets (up 193 %). Their market share in the Community therefore rose from 52 % to 66 %.  - Price reductions  An examination of the information obtained showed an appreciable drop in prices on the Community market between 1985 and 1988.  - Profitability  The profitability of Community producers has deteriorated substantially in the last two years. Within the Community industry since 1987, one producer's losses have risen considerably, and the profits of another decreased drastically.  (26) On the basis of the figures given above the Commission has come to the following conclusions:  - a situation of contrast emerges; while some negative points, such as under-utilization of production capacity and particularly a deterioration of financial performance, are apparent, other aspects show a degree of buoyancy. Community production has risen considerably over the last four years, sales inside and outside the Community have increased sharply and the market share of Community producers has improved substantially.  in addition to these factors, the following were considered:  - imports from the Japanese exporter have remained stable in quantity terms. Its market share has decreased, as it has been unable to profit from the increase in Community consumption of dicumyl peroxide because of the quantity undertaking. Moreover, no price undercutting on its part could be found (see point 23), although some instances of prices lower than those prevailing on the Community market were found (see point 24),  - in addition, it should be noted that the drop in prices which occurred on the Community market can be put down partly to competition from Taiwanese imports and partly to technical progress in production processes.  (27) The considerations set out above led the Commission to conclude that even if the Community industry's situation is not flourishing the difficulties confronting it are not a result of the impact of dumped Japanese imports.  3. Threat of injury as a result of the expiry of the measures in force  (28) It should none the less be determined whether the expiry of the anti-dumping measures in force is likely to cause or threaten to cause injury. In this connection the Commission has taken the following into account:  - the Japanese producer, which already produces substantialy more than any of the Community producers, anticipates a rise in its dicumyl peroxide production of 16 % by 1990. Given the situation of the Community market this can be regarded as a significant increase,  - considering that its exports to the Community in 1988 accounted for less than 7 % of its sales, there is a high probability that the exporter in question will be led to increase its share of the Community market in the near future, since its prospects on its domestic market and the markets of non-Community countries seem limited,  - the Commission also took account of the fact that a dumping margin of 52 % had been calculated for 1988. Although the difficulties the Community industry is facing are largely attributable to other factors it is very likely that a serious distortion of the Community market would occur if the restrictions currently in force were lifted. The reason is that the exporter concerned would see an advantage in dumping products on the Community market: the exporter can rely on substantial profits from the domestic market, and would be able to align prices on those of other producers or even undercut them.  This would expose the Community producers to unfair competition from the Japanese exporter, something which would be likely to increase their financial losses and thus cause considerable injury.  E. COMMUNITY INTEREST  (29) In the light of the observations set out above, and considering particularly the size of the dumping margin, the genuine threat of injury and the absence of representations from users and consumers, the Commission takes the view that a failure to institute measures would in time lead to the disappearance of the Community industry; this in turn would make the downstream industries, notably the cable industry, more vulnerable from the point of view of supply.  In this connection, the Japanese exporter expressed the opinion that it would not be in the Community's interest to institute measures solely against Japan. According to the exporter, Japan itself would then not be in a position to compete against its competitors, particularly the Taiwanese, which charged very low prices; it would as a result be excluded from the Community market, to the profit of its competitor.  (30) The Commission regards this argument as unfounded in so far as the retention of protective measures against Japan should not have any substantial effect on the present state of competition between the two countries, considering the destination of Japanese exports. Whatever the case, the Commission considers that the protective measure it intends to take will ensure fair competition on the Community market.  (31) In the light of the above, the Commission confirms that it is in the interest of the Community to retain protective measures against the imports concerned.  F. UNDERTATING AND TERMINATION OF THE REVIEW  (32) Having been notified of the main conclusions, NOF, the Japanese exporter, offered an undertaking on the price of its exports of dicumyl peroxide to the Community.  This undertaking will bring the price of exports to the Community to a level which the Commission considers sufficient to prevent the injury which the expiry of the anti-dumping measures currently in force would otherwise inevitably have brought about.  (33) In these circumstances the undertaking should be considered acceptable, and since the Advisory Committee has expressed no objection to the proposals the investigation may therefore be terminated.  HAS DECIDED AS FOLLOWS:  Article 1  The undertaking offered by the Nippon Oils and Fats Co. Ltd (NOF) in the context of a review concerning imports of dicumyl peroxide falling within CN code 2909 60 10 originating in Japan is hereby accepted.  Article 2  The review procedure referred to in Article 1 is hereby terminated.  Article 3  The investigation concerning imports of dicumyl peroxide falling within CN code 2909 60 10 originating in Taiwan is hereby terminated.  Done at Brussels, 30 October 1989.  For the Commission  Frans ANDRIESSEN  Vice-President  (1) OJ No L 209, 2. 8. 1988, p. 1.  (2) OJ No C 46, 17. 2. 1983, p. 21.  (3) OJ No L 203, 27. 7. 1983, p. 13.  (4) OJ No L 329, 25. 11. 1983, p. 19.  (5) OJ No C 39, 16. 2. 1989, p. 4.


title: Appointment of a member of the Court of Auditors – Mr Louis Galea European Parliament decision of 25 March 2010 on the nomination of Louis Galea as a Member of the Court of Auditors (C7-0020/2010 – 2010/0808(NLE))

text:
               7.1.2011

               EN

               Official Journal of the European Union

               CE 4/69

         Thursday 25 March 2010Appointment of a member of the Court of Auditors – Mr Louis Galea
   P7_TA(2010)0080
   European Parliament decision of 25 March 2010 on the nomination of Louis Galea as a Member of the Court of Auditors (C7-0020/2010 – 2010/0808(NLE))
   2011/C 4 E/19
   (Consultation)

      The European Parliament,
   having regard to Article 286(2) of the Treaty on the Functioning of the EU, pursuant to which the Council consulted Parliament (C7-0020/2010),
   having regard to the fact that, at its meeting of 15 March 2010, the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors,
   having regard to Rule 108 of its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A7-0042/2010),

               A.

               whereas Louis Galea fulfils the conditions laid down in Article 286(1) of the Treaty on the Functioning of the EU,

               1.

               Delivers a favourable opinion on the nomination of Louis Galea as a Member of the Court of Auditors;

               2.

               Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States.


Avis juridique important

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32000D0751

2000/751/EC: Council Decision of 30 November 2000 on declassifying certain parts of the Common Manual adopted by the Executive Committee established by the Convention implementing the Schengen Agreement of 14 June 1985

Official Journal L 303 , 02/12/2000 P. 0029 - 0029

Council Decisionof 30 November 2000on declassifying certain parts of the Common Manual adopted by the Executive Committee established by the Convention implementing the Schengen Agreement of 14 June 1985(2000/751/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 207 thereof,Whereas:(1) By its Decisions of 14 December 1993 (SCH/Com-ex (93) 22 rev) and 23 June 1998 (SCH/Com-ex (98) 17), the Executive Committee established by the Convention implementing the Schengen Agreement of 14 June 1985, which was replaced by the Council pursuant to Article 2 of the Schengen Protocol, classified as "Confidential" all the provisions of the Common Manual, the last version of which was adopted by the Decision of the said Executive Committee on 28 April 1999 (SCH/Com-ex (99) 13).(2) The Common Manual and the Decisions of the Executive Committee on its classification form part of the Schengen acquis as defined by the Council in its Decision 1999/435/EC(1).(3) Certain parts of the Common Manual should be declassified, including the provisions corresponding to the non-classified provisions of the Common Consular Instructions,HAS DECIDED AS FOLLOWS:Article 1Part I and Annexes 1, 2, 3, 4, 5, 5a, 6, 6a, 7, 8, 8a, 9, 10, 11, 12, 13, 14 and 14a of the Common Manual shall be declassified.Article 2The declassified parts of the Common Manual shall be published in the Official Journal of the European Communities.Article 3This Decision shall take effect on the day of its publication.Done at Brussels, 30 November 2000.For the CouncilThe PresidentM. Lebranchu(1) OJ L 176, 10.7.1999, p. 1.


title: Council Decision (EU) 2017/619 of 27 March 2017 appointing an alternate member, proposed by the Kingdom of Spain, of the Committee of the Regions

text:
               1.4.2017

               EN

               Official Journal of the European Union

               L 89/8

         COUNCIL DECISION (EU) 2017/619
   of 27 March 2017
   appointing an alternate member, proposed by the Kingdom of Spain, of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Spanish Government,
   Whereas:

               (1)

               On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020. On 5 October 2015, by Council Decision (EU) 2015/1792 (4), Mr Borja COROMINAS FISAS was replaced by Ms Yolanda IBARROLA DE LA FUENTE as an alternate member.

               (2)

               An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Ms Yolanda IBARROLA DE LA FUENTE,

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

               —

               Mr Ignacio Javier GARCÍA GIMENO, Director General de Asuntos Europeos y Cooperación con el Estado de la Comunidad de Madrid.

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

      Done at Brussels, 27 March 2017.

            For the Council

            The President

         C. ABELA

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

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

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

      (4)  Council Decision (EU) 2015/1792 of 5 October 2015 appointing five Spanish members and five Spanish alternate members of the Committee of the Regions (OJ L 260, 7.10.2015, p. 28).


title: 2010/632/EU: Council Decision of 15 October 2010 appointing one Romanian member of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015

text:
               23.10.2010

               EN

               Official Journal of the European Union

               L 279/32

         COUNCIL DECISION
   of 15 October 2010
   appointing one Romanian member of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015
   (2010/632/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 300(2) and Article 302 thereof, in conjunction with Article 7 of the Protocol on Transitional Provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community,
   Having regard to the proposal made by Romania,
   Having regard to the opinion of the European Commission,
   Whereas:

               (1)

               The term of office of the members of the European Economic and Social Committee expired on 20 September 2010.

               (2)

               On 13 September 2010, the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1), except for one Romanian member, whom the Romanian authorities reserved the right to nominate at a later stage.

               (3)

               By a letter which reached the Council on 28 September 2010, the Romanian authorities proposed to the Council a candidate for appointment as a member of the European Economic and Social Committee during the abovementioned period, in order to complete the list of members allocated to Romania by the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mr Eugen LUCAN is hereby appointed as a member of the European Economic and Social Committee, for the period from 21 September 2010 to 20 September 2015.
   Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Luxembourg, 15 October 2010.

            For the Council

            The President

         E. SCHOUPPE

      (1)  OJ L 251, 25.9.2010, p. 8.


Avis juridique important

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31992D0551

92/551/EEC: Council Decision of 27 November 1992 providing further medium-term financial assistance for Romania

Official Journal L 353 , 03/12/1992 P. 0030 - 0031 Finnish special edition: Chapter 11 Volume 20 P. 0047  Swedish special edition: Chapter 11 Volume 20 P. 0047

COUNCIL DECISION  of 27 November 1992  providing further medium-term financial assistance for Romania  (92/551/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal of the Commission (1), submitted following consultation with the Monetary Committee,  Having regard to the opinion of the European Parliament (2),  Whereas Romania is undertaking fundamental political and economic reforms and has decided to adopt a market economy model;  Whereas the said reforms are under implementation with the financial support from the Community and whereas the reform process needs to the strengthened and broadened;  Whereas the financial support of the reforms from the Community will strengthen mutual confidence and bring Romania closer to the Community;  Whereas Romania and the Community have entered into negotiations for the conclusion of a European Agreement establishing a relationship of association;  Whereas, by Decision 91/384/EEC (3), the Council decided to grant Romania a medium-term financial assistance of a maximum amount of ECU 375 million, with a view to ensuring a sustainable balance-of-payments situation in that country;  Whereas, however, despite the government of Romania's courageous implementation of adjustment measures and structural reforms, the stabilisation phase of the Romanian economy is still under way and whereas additional official support is required in  order to support the balance of payments and consolidate the reserve position;  Whereas the Romanian authorities have requested financial assistance from the International Monetary Fund (IMF), the Group of 24 industrial countries (G-24) and the Community, and whereas, over and above the estimated financing which could be provided  by the IMF and the World Bank and the carryover of financial assistance provided by the G-24 for 1991, a residual financial gap of some US $ 180 million remains to be covered in 1992, in order to avoid an additional degree of import compression which  could seriously jeopardise the achievement of the policy objectives underlying the government's reform effort;  Whereas the Commission as coordinator of assistance from the G-24 industrial countries has invited them to provide medium-term financial assistance to Romania;  Whereas the grant by the Community of a medium-term loan to Romania is an appropriate measure to support the balance of payments and to strengthen that country's reserve position;  Whereas the question of the risks linked to guarantees taken from the general budget of the European Communities will be examined in the context of the renewal in 1992 of the Interinstitutional Agreement on budgetary discipline and improvement of the  budgetary procedure;  Whereas the Community loan should be managed by the Commission;  Whereas the Treaty does not provide for the adoption of this Decision, powers other than those of Article 235,  HAS DECIDED AS FOLLOWS:  Article 1  1. The Community shall grant to Romania a medium-term loan facility of a maximum amount of ECU 80 million in principal, with a maximum duration of seven years, with a view to ensuring a sustainable balance-of-payments situation and  strengthening the reserve position.  2. To this end, the Commission is empowered to borrow, on behalf of the Community, the necessary resources that will be placed at the disposal of Romania in the form of a loan.  3. This loan will be managed by the Commission in full consultation with the Monetary Committee and in a manner consistent with any Agreement reached between the IMF and Romania.  Article 2  1. The Commission is empowered to negotiate with the Romanian authorities, after consultation with the Monetary Committee, the economic policy conditions attached to the loan. These conditions shall be consistent with the agreements referred  to in Article 1 (3) and with arrangements made by the G-24.  2. The Commission shall verify at regular intervals, in collaboration with the Monetary Committee and in close coordination with G-24 and the IMF, that the economic policy in Romania is in accordance with the objectives of this loan and that its  conditions are being fulfilled.  Article 3  1. Subject to the provisions of Article 2 (2), the loan shall be made available to Romania in one instalment provided that satisfactory progress is made in the implementation of the 'stand-by arrangement' to be agreed between Romania and the  IMF.  2. The funds shall be paid to the National Bank of Romania.  Article 4  1. The borrowing and lending operations referred to in Article 1 shall be carried out using the same value date and must not involve the Community in the transformation of maturities, in any exchange or interest-rate risk, or in any other  commercial risk.  2. The Commission shall take the necessary steps, if Romania so decides, to include in the loan conditions, and also to exercise, an early repayment clause.  3. At the request of Romania, and if circumstances permit an improvement in the interest rate on the loans, the Commission may refinance all or part of its initial borrowings or restructure the corresponding financial conditions. Refinancing or  restructuring operations shall be carried out in accordance with the conditions set out in paragraph 1 and shall not have the effect of extending the average duration of the borrowing concerned or inreasing the amount, expressed at the current exchange  rate, of capital outstanding at the date of the refinancing of restructuring.  4. All related costs incurred by the Community in concluding and carrying out the operation under this Decision shall be borne by Romania.  5. The Monetary Committee shall be kept informed of developments in the operations referred to in paragraphs 2 and 3 at least once a year.  Article 5  At least once a year the Commission shall address to the European Parliament and to the Council a report, which will include an assessment on the implementation of this Decision. Done at Brussels, 27 November 1992. For the Council  The President  J. PATTEN   (1) OJ No C 164, 1. 7. 1992, p. 30. (2) Opinion delivered on 17 November 1992 (not yet published in the Official Journal). (3) OJ No L 208, 30. 7. 1991, p. 64.


24.4.2001      EN                          Official Journal of the European Communities                                C 121/131
                                                                                Wednesday 5 July 2000
          10. Echelon
          (a) B5-0594/2000
          European Parliament decision on the Conference of Presidents’ decision not to propose the setting
                      up of a temporary committee of inquiry into the Echelon interception system
          The European Parliament,
              having regard to the request by some 172 Members  more than a quarter of Parliament’s Members
                for a temporary committee of inquiry into Echelon to be set up;
              having regard to the decision of the Conference of Presidents of 13 April 2000 not to propose that
               the European Parliament set up a temporary committee of inquiry pursuant to Rule 151 its Rules of
               Procedure;
          1.     Endorses the decision of the Conference of Presidents not to propose the setting up of a temporary
          committee of inquiry.
          (b) B5-0593/2000/rev.
          European Parliament decision setting up a temporary committee on the Echelon interception
                                                                system
          The European Parliament,
              having regard to Rule 150(2) of its Rules of Procedure,
              having regard to the decision of the Conference of Presidents of 15 June 2000 to propose the setting
               up of a temporary committee on the Echelon interception system,
          1.     Decides to set up a temporary committee with the following powers:
              to verify the existence of the communications interception system known as Echelon, whose operation
               is described in the STOA report published under the title ‘Development of surveillance technology and
               risks of abuse of economic information’;
              to assess the compatibility of such a system with Community law, in particular Article 286 of the
               EC Treaty and Directives 95/46/EC and 97/66/EC, and with Article 6(2) of the EU Treaty, in the
               light of the following questions:
              are the rights of European citizens protected against activities of secret services?
              is encryption an adequate and sufficient protection to guarantee citizens’ privacy or should additional
               measures be taken and if so what kind of measures?
              how can the EU institutions be made better aware of the risks posed by these activities and what
               measures can be taken?
              to ascertain whether European industry is put at risk by the global interception of communications;
              possibly, to make proposals for political and legislative initiatives;
          2.     Decides that the temporary committee will have 36 members, whose names are annexed to this
          decision.
 ---documentbreak--- C 121/132                                Official Journal of the European Communities                        EN      24.4.2001
Wednesday 5 July 2000
                                                             ANNEX
                                             Setting up of temporary committee
            PPE-DE
            Full members: Banotti, von Boetticher, Cederschiöld, Coelho, Deprez, Dimitrakopoulos, Hernández Mol-
                          lar, Klamt, Hugues Martin, Oostlander, Palacio Vallelersundi, Pirker, Van Velzen, Zappalà.
            Substitutes:  Buttiglione, Cornillet, Gawronski, Giannakou-Koutsikou, Nassauer, Posselt, Johan Van
                          Hecke …
            PSE
            Full members: Berger, Robert Evans, Karamanou, Lalumière, Lund, Erika Mann, Medina Ortega, Paasi-
                          linna, Gerhard Schmid, Vattimo, Wiersma
            Substitutes:  Andersson, Caudron, Ford, Gebhardt, Marinho, Paciotti, Swiebel, Swoboda, Terrón i Cusí,
                          Thielemans, Titley
            ELDR
            Full members: Di Pietro, Flesch, Plooij-van Gorsel
            Substitutes:  Andreasen, Thors, Dybkjær
            Verts/ALE
            Full members: Ceyhun, MacCormick, McKenna
            Substitutes:  Boumediene-Thiery, Schröder, Lambert
            GUE/NGL
            Full members: Di Lello Finuoli, Krivine
            Substitutes:  Frahm, Papayannakis
            UEN
            Full member:  Berthu
            Substitute:   Nobilia
            TDI
            Full member:  Turco
            Substitute:   Frank Vanhecke
            EDD
            Full member:  Belder
            Substitute:   Okking


Avis juridique important

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41998D0017

The Schengen acquis - Decision of the Executive Committee of 23 June 1998 concerning the confidential nature of certain documents (SCH/Com-ex (98) 17)

Official Journal L 239 , 22/09/2000 P. 0137 - 0137

DECISION OF THE EXECUTIVE COMMITTEEof 23 June 1998concerning the confidential nature of certain documents(SCH/Com-ex (98)17)THE EXECUTIVE COMMITTEE,Having regard to Article 132 of the Convention implementing the Schengen Agreement,HAS DECIDED AS FOLLOWS:Paragraph 2 of the Decision of 14 December 1993 (SCH/Com-ex (93)22 rev.) shall be replaced by the following paragraph: "The following documents shall remain confidential: Annexes 5, 9 and 10 to the Common Consular Instructions on Visas, the Common Manual, the Sirene Manual, and the three documents covered by the decision on narcotic drugs (tightening controls at external borders (SCH/Stup (92)45 latest version), controlled deliveries (SCH/Stup (92)46 latest version) and measures on combating the illicit exportation of drugs (SCH/Stup (92)72 latest version))."Ostend, 23 June 1998.The ChairmanL. Tobback


title: 2014/623/EU: Decision of the European Parliament of 3 April 2014 on discharge in respect of the implementation of the budget of the Clean Sky Joint Undertaking for the financial year 2012

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/318

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on discharge in respect of the implementation of the budget of the Clean Sky Joint Undertaking for the financial year 2012
   (2014/623/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Clean Sky Joint Undertaking for the financial year 2012,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Clean Sky Joint Undertaking for the financial year 2012, together with the Joint Undertaking’s replies (1),

               —

               having regard to the Council’s recommendation of 18 February 2014 (05851/2014 – C7-0053/2014),

               —

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

               —

               having regard to the Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

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

               —

               having regard to Council Regulation (EC) No 71/2008 of 20 December 2007 setting up the Clean Sky Joint Undertaking (4), and in particular Article 11(4) thereof,

               —

               having regard to the Financial Rules of the Clean Sky Joint Undertaking adopted by Decision of its Governing Board on 7 November 2008,

               —

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

               —

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

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A7-0210/2014),

               1.

               Grants the Executive Director of the Clean Sky Joint Undertaking discharge in respect of the implementation of the Joint Undertaking’s budget for the financial year 2012;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 369, 17.12.2013, p. 10.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 30, 4.2.2008, p. 1.

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

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