Avis juridique important

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31990D0666

90/666/Euratom, EEC: Council Decision of 17 December 1990 appointing a member of the economic and social committee

Official Journal L 360 , 22/12/1990 P. 0081 - 0081

COUNCIL DECISION of 17 December 1990 appointing a member of the Economic and Social Committee (90/666/Euratom, EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 193 to 195 thereof,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 165 to 167 thereof,  Having regard to the Convention on certain institutions common to the European Communities, and in particular Article 5 thereof,  Having regard to the Council Decision of 24 September 1990 appointing the members of the Economic and Social Committee for the period ending on 20 September 1994 (1),  Whereas a seat was left vacant on the above Committee at the time of that Council Decision;  Having regard to the nominations submitted by the Permanent Representation of Belgium on 17 October 1990,  Having obtained the favourable opinion of the Commission of the European Communities,  HAS DECIDED AS FOLLOWS:    Sole Article Mr François Willekens is hereby appointed a member of the Economic and Social Committee for the period until 20 September 1994.     Done at Brussels, 17 December 1990.  For the Council  The President  G. CARLI   (1) OJ No L 290, 23.10.1990, p. 13.


title: Council Decision 2012/122/CFSP of 27 February 2012 amending Decision 2011/782/CFSP concerning restrictive measures against Syria

text:
               28.2.2012

               EN

               Official Journal of the European Union

               L 54/14

         COUNCIL DECISION 2012/122/CFSP
   of 27 February 2012
   amending Decision 2011/782/CFSP concerning restrictive measures against Syria
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 1 December 2011, the Council adopted Decision 2011/782/CFSP (1).

               (2)

               On 23 January 2012, the Council reiterated its deep concern about the deteriorating situation in Syria and in particular the widespread and systematic violations of human rights. In line with the European Council declaration of 23 October 2011, the Council also confirmed that the Union will continue its policy of imposing additional measures against the regime as long as the repression continues.

               (3)

               In this context, restrictive measures should be imposed against the Central Bank of Syria.

               (4)

               Moreover, the sale, purchase, transportation or brokering of gold, precious metals and diamonds to, from or for the Government of Syria should be prohibited.

               (5)

               In addition, access to the airports of Member States of cargo flights operated by Syrian carriers should be prohibited.

               (6)

               Furthermore, additional persons should be included in the list of persons and entities subject to restrictive measures as set out in Annex I to Decision 2011/782/CFSP.

               (7)

               However, there are no longer grounds for keeping one person on the list of persons and entities subject to restrictive measures as set out in Annex I to Decision 2011/782/CFSP.

               (8)

               Decision 2011/782/CFSP should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2011/782/CFSP is hereby amended as follows:

               (1)

               the following article is inserted:
               ‘Article 8a
               The direct or indirect sale, purchase, transportation or brokering of gold and precious metals, as well as of diamonds to, from or for the Government of Syria, its public bodies, corporations and agencies, the Central Bank of Syria, as well as to, from or for persons and entities acting on their behalf or at their direction, or entities owned or controlled by them, shall be prohibited.
               The Union shall take the necessary measures in order to determine the relevant items to be covered by this provision.’;

               (2)

               the following chapter is inserted:
               ‘CHAPTER 2a

                  TRANSPORT SECTOR

               Article 17a
               Member States, in accordance with their national legislation and consistent with international law, in particular relevant international civil aviation agreements, shall take the necessary measures to prevent access to the airports under their jurisdiction of all cargo flights operated by Syrian carriers with the exception of mixed passenger and cargo flights.’;

               (3)

               in Article 19, the following paragraphs are added:
               ‘8.   Paragraphs 1 and 2 shall not apply to a transfer by or through the Central Bank of Syria of funds or economic resources received and frozen after the date of its designation or to a transfer of funds or economic resources to or through the Central Bank of Syria after the date of its designation where such transfer is related to a payment by a non-designated financial institution due in connection with a specific trade contract, provided that the relevant Member State has determined, on a case-by-case basis, that the payment is not directly or indirectly received by a person or entity referred to in paragraph 1.
               9.   Paragraph 1 shall not apply to a transfer by or through the Central Bank of Syria of frozen funds or economic resources where such transfer is for the purpose of providing financial institutions under the jurisdiction of Member States with liquidity for the financing of trade, provided that the transfer has been authorised by the relevant Member State.’.

         Article 2
   The persons and entity listed in Annex I to this Decision shall be added to the list set out in Annex I to Decision 2011/782/CFSP.
   Article 3
   The person listed in Annex II to this Decision shall be removed from the list set out in Annex I to Decision 2011/782/CFSP.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 27 February 2012.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 319, 2.12.2011, p. 56.

      ANNEX I

         Persons and entity referred to in Article 2

                  Name

                  Identifying information

                  Reasons

                  Date of listing

                  1.

                  Central Bank of Syria

                  Syria, Damascus, Sabah Bahrat Square
                  Postal address:

                              Altjreda al Maghrebeh square, Damascus,

                              Syrian Arab Republic,

                              P.O.Box: 2254

                  Providing financial support to the regime

                  27.2.2012

                  2.

                  Al –Halqi, Dr. Wael Nader

                  Born in the Daraa Province, 1964

                  Minister of Health.
                  Under his responsibility hospitals were ordered to deny care to protestors.

                  27.2.2012

                  3.

                  Azzam, Mansour Fadlallah

                  Born in the Sweida Province, 1960

                  Minister of Presidential Affairs
                  Advisor to the President.

                  27.2.2012

                  4.

                  Sabouni, Dr. Emad Abdul-Ghani

                  Born in Damascus, 1964

                  Minister of Communication and Technology.
                  Under his responsability free access to the media is being seriously hampered.

                  27.2.2012

                  5.

                  Allaw, Sufian

                  Born in al-Bukamal, Deir Ezzor, 1944

                  Minister of Petroleum and Mineral Resources.
                  Responsible for policies concerning petroleum and mineral resources which provide a major source of financial support for the regime.

                  27.2.2012

                  6.

                  Slakho, Dr Adnan

                  Born in Damascus, 1955

                  Minister of Industry
                  Responsible for economic and industrial policies which provide resources and support for the regime.

                  27.2.2012

                  7.

                  Al-Rashed, Dr. Saleh

                  Born in the Aleppo Province, 1964

                  Minister of Education.
                  Under his responsibility schools are being used as makeshift prisons

                  27.2.2012

                  8.

                  Abbas, Dr. Fayssal

                  Born in the Hama Province, 1955

                  Minister of Transport.
                  Under his responsibility logistical support for the repression is being provided.

                  27.2.2012

      ANNEX II

         Person referred to in Article 3

                  52.

                  Emad Ghraiwati


title: 87/534/EEC: Council Decision of 19 October 1987 adopting Community research and coordination programmes in the fisheries sector for the period 1988 to 1992

text:
No L 314 / 20                                Official Journal of the European Communities                                        4 . 11 . 87
                                                                      II
                                               (Acts whose publication is not obligatory)
                                                           COUNCIL
                                                          COUNCIL DECISION
                                                           of 19 October 1987
                adopting Community research and coordination programmes in the fisheries sector for the period
                                                                1988 to 1992
                                                              ( 87 / 534 / EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                   Whereas the need to improve the methods for managing
                                                                            fishery resources in Community waters , to increase
Having regard to the Treaty establishing the European                       knowledge of the interaction between the various species of
Economic Community , and in particular Article 43                           fish and to develop economic research in the Community
thereof,                                                                    fisheries sector means that priority should be given to
                                                                            research in the field of fisheries management ;
Having regard to Council Regulation ( EEC ) No 3252 / 87 of
19 October 1987 on the coordination and promotion of
research in the fisheries sector (!), and in particular Article 5           Whereas research on aquaculture should be developed with a
thereof,                                                                    view to increasing the survival and growth rates of reared
                                                                            species and improving the quality of the feed and products
                                                                            and the health situation on fish farms ;
Having regard to the proposal from the Commission ,
Whereas Regulation ( EEC ) No 3252 / 87 provides for the
                                                                            Whereas research involving the upgrading of fishery
implementation of Community research programmes in                          products could lead to a more rational exploitation of
areas of special Community importance and the co                           Community production of those products for the benefit of
ordination at Community level of national research work in
the fisheries sector with a view to the achievement of the
                                                                            fishermen , the processing industry and the consumer ;
objectives of the common fisheries policy ;
                                                                            Whereas there are close interrelations between four research
Whereas , to this end , Community research and research
coordination programmes must be implemented in the fields                   topics selected and they are in line with the objectives of the
of fisheries management , fishing methods , aquaculture and                 common fisheries policy ;
the upgrading of fishery products ;
Whereas the Council Decision 87 / 516 / Euratom , EEC of 28                 Whereas this Decision constitutes an initial Community
September 1987 on the framework programme for                               measure in the field of fisheries research for the period 1988
 Community activities in the field of research and                          to 1992 ;
 technological development ( 1987 to 1991 ) ( 2 ) lays special
 importance on the promotion of research in the fisheries
 sector , and proposes to give higher priority to this area ;
                                                                            Whereas is seems appropriate to provide for the participation
                                                                             in the Community aquaculture coordinated research
                                                                            programme of third countries taking part in European
 (') See page 17 of this Official Journal .                                 cooperation in the field of technical and scientific research
 ( 2 ) OJ No L 302 , 24 . 10 . 1987 , p. 1 .                                ( COST );
 ---pagebreak--- 4 . 11 . 87                            Official Journal of the European Communities                              No L 314 / 21
Whereas the financial requirements for the execution of the                                  Article 3
programmes must be laid down ,
                                                                  During the third year , the Commission shall assess the
                                                                  Community programmes referred to in Article 1 . For the
                                                                  purposes of this assessment the Commission shall be assisted
HAS DECIDED AS FOLLOWS :                                          by independent experts .
                                                                                Article 4
                         Article 1                                1.    In accordance with Article 228 of the Treaty , the
                                                                  Community may conclude agreements with third countries
Community research and coordination programmes defined            taking part in European cooperation in the field of scientific
                                                                  and technical research ( COST ) in order to coordinate the
in the Annex hereto are hereby adopted for the period 1988
to 1992 in the following fields :                                 Community programme for the coordination of research
                                                                  referred to in point 3.2 of the Annex with the corresponding
— fisheries management ,                                          programmes of those countries .
— fishing methods ,
                                                                  2.     The Commission is hereby authorized to negotiate the
— aquaculture ,                                                   agreements provided for in paragraph 1 .
— upgrading of fishery products .
                                                                  Done at Luxemburg , 19 October 1987 .
                         Article 2
                                                                                For the Council
The estimated total cost of executing the Community                                                        The President
programmes referred to in Article 1 is 30 million ECU .                                                    L. T0RN/ES
 ---pagebreak--- No L 314 / 22                                     Official Journal of the European Communities                                         4 . 11 . 87
                                                                      ANNEX
                                  CONTENT OF THE RESEARCH AND COORDINATION PROGRAMMES
             1.         FISHERIES MANAGEMENT
             1.1 .      Community research programmes
             1.1.1 . Research on the abundance and distribution of stocks of prime importance to the Community , using
                        existing evaluation techniques , and on the biological characteristics of such stocks .
             1.1.2 . Research and development of multi-species biological models , including the collection of appropriate
                        data .
             1.1.3 . Development of a multi-disciplinary approach to fisheries management allowing the biological , technical
                        and economic aspects thereof to be taken into account . This approach will be directed initially towards
                        analysing the structure of fleets , undertakings and the market .
             1.1.4 . Research on the specific environmental problems with particular effect on stocks and fishing activities
                        ( pollution / diseases / parasites ).
             1.2 .      Community research coordination programmes
              1.2.1 . Development of simple methods for evaluating stocks on which little information is available .
             1.2.2 . Coordination of research into the capacity of the various fishing fleets and the choice of statistical
                        parameters and the collection of data .
              1.2.3 . Methodology of the collecting and processing of basic data for the management of fish resources .
              1 . 2.4 . Coordination of data relating to environmental factors with particular effect on stocks and fishing activities
                        ( pollution / diseases / parasites ).
             2.         FISHING TECHNIQUES
             2.1 .      Community research programmes
             2.1.1 . Development of fuel-saving gear .
             2.1.2 . Improvement of static gear .
             2.1.3 . Development of species selective gear .
              2.2 .     Community research coordination programmes
             2.2.1 . Testing techniques and instrumentation .
              2.2.2 . Fuel saving .
              2.2.3 . Selectivity of fishing gear .
              2.2.4 . Catch quality .
              3.        AQUACULTURE
              3.1 .     Community research programmes
              3.1.1 . Study of the early growth stages of reared species , including shellfish farming and cost-effectiveness of fish
                         feeds .
              3.1.2 . Identification and treatment of diseases of fish and shellfish .
              3.1.3 . Genetic research and conservation of gametes .
              3.1.4 . Research on interaction between the fish-farming environment and the species farmed .
              3.2 .     Community research coordination programmes
              3.2.1 . Coordination of data on the mass production of live foods for aquaculture species .
              3.2.2 . Low-cost rearing and on-growing of mollusc spat .
 ---pagebreak--- 4 . 11 . 87                               Official Journal of the European Communities                               No L 314 / 23
            3.2.3 . Genetics of cultivable invertebrate aquatic species .
            3.2.4 . Smolt quality until their release into the sea .
            3.2.5 . Effectiveness and profitability of various fish-farming techniques and structures .
            3.2.6 . Aquaculture and environment .
            4.      UPGRADING OF FISHERY PRODUCTS
            4.1 .   Community research programmes
            4.1.1 . Improvement of techniques for handling , storing , processing and packaging fish and shellfish .
            4.1.2 . Enhancement of the value of landings of fish and shellfish .
            4.1.3 . Recovery of edible protein and other components from fish and shellfish .
            4.2 .   Community research coordination programmes
            4.2.1 . Standardization and development of analytic methods for fishery products .
            4.2.2 . Consumer response and demand studies .


Avis juridique important

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31989D0630

89/630/EEC: Council Decision of 7 December 1989 on the common action to be taken by the Member States with respect to the adoption of a single world-wide high- definition television production standard by the Plenary Assembly of the International Radio Consultative Committee (CCIR) in 1990

Official Journal L 363 , 13/12/1989 P. 0030 - 0030 Finnish special edition: Chapter 13 Volume 19 P. 0121  Swedish special edition: Chapter 13 Volume 19 P. 0121

*****COUNCIL  DECISION  of 7 December 1989  on the common action to be taken by the Member States with respect to the adoption of a single world-wide high-definition television production standard by the Plenary Assembly of the International Radio Consultative Committee (CCIR) in 1990  (89/630/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 116 thereof,  Having regard to the proposal from the Commission,  Whereas high-definition television (HDTV) is of strategic importance for the European consumer electronics industry, its supporting industrial base, and for the European television and film industries;  Whereas a single world-wide high-definition television standard for programme production and for the international exchange of programmes is urgently required for the development and commercialization of equipment and programme material;  Whereas European industry has developed, within the Eureka framework, the relevant parameters for such a single world-wide production standard and prototype equipment built to this standard has been successfully demonstrated at the September 1988 Brighton International Broadcasting Convention;  Whereas the European Council, at its December 1988 meeting in Rhodes, attached great importance to the promotion of the European HDTV system in the context of the Community's emerging audio-visual policy;  Whereas Decision 89/337/EEC (1) sets as a Community objective the promotion of a single world standard for the production of HDTV programmes;  Whereas the recommendation setting the basic parameter values for a single world-wide HDTV production standard will be prepared in particular at meetings of Study Group 11, in preparation for the Session in 1990 of the Plenary Assembly of the International Radio Consultative Committee (CCIR) which will attempt to adopt such a recommendation;  Whereas the Community has the status of observer within the International Telecommunications Union (ITU) and participates in the activities of the CCIR; whereas it is nevertheless not in a position to participate in the adoption of the recommendation on HDTV by the CCIR;  Whereas HDTV is of economic importance and whereas with regard to HDTV production standard proposals being to be considered, the action of the Member States within the CCIR must be coordinated,  HAS DECIDED AS FOLLOWS:  Sole Article  1. The common action to be taken by the Member States with respect to the adoption of a single world-wide high-definition television production standard by the Plenary Assembly of the International Radio Consultative Committee in 1990 shall be based on the proposal arising from the Eureka 95 project.  2. The common action shall be carried out, after consultation between representatives of the Member States and the Commission, at the meeting to be held to prepare the recommendation concerning a single world-wide high-definition television production standard to be adopted by the Plenary Assembly of the International Radio Consultative Committee.  3. If the consultations referred to in paragraph 2 do not lead to agreement, the points of disagreement shall if necessary be brought before Council bodies.  Done at Brussels, 7 December 1989.  For the Council  The President  P. QUILÈS  (1) OJ No L 142, 25. 5. 1989, p. 1.


title: 2010/649/EU: Council Decision of 7 October 2010 on the conclusion of the Agreement between the European Community and the Islamic Republic of Pakistan on the readmission of persons residing without authorisation

text:
               4.11.2010

               EN

               Official Journal of the European Union

               L 287/50

         COUNCIL DECISION
   of 7 October 2010
   on the conclusion of the Agreement between the European Community and the Islamic Republic of Pakistan on the readmission of persons residing without authorisation
   (2010/649/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(3), in conjunction with Article 218(6)(a)(v) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               The Commission has negotiated on behalf of the European Community an Agreement with the Islamic Republic of Pakistan on the readmission of persons residing without authorisation (hereinafter the Agreement).

               (2)

               The Agreement has been signed, on behalf of the European Community, on 26 October 2009 subject to its conclusion.

               (3)

               As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community.

               (4)

               The Agreement should be approved.

               (5)

               The Agreement establishes a Joint Readmission Committee which may adopt its rules of procedure. It is appropriate to provide for a simplified procedure for the establishment of the European Union position in this case.

               (6)

               In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, the United Kingdom has notified its wish to take part in the adoption and application of this Decision.

               (7)

               In accordance with Articles 1 and 2 of the Protocol on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of the said Protocol, Ireland is not participating in the adoption of this Decision and is not bound by or subject to its application.

               (8)

               In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Community and the Islamic Republic of Pakistan on the readmission of persons residing without authorisation (hereinafter the Agreement) is hereby approved on behalf of the European Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council shall give the notification provided for in Article 20(2) of the Agreement, in order to bind the Union (1), and shall make the following declaration:

         ‘As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to “the European Community” or to “the Community” in the text of the Agreement are, where appropriate, to be read as to “the European Union”.’

   Article 3
   The Commission, assisted by experts from Member States invited at the Commission’s request, shall represent the Union in the Joint Readmission Committee established by Article 16 of the Agreement.
   Article 4
   The position of the Union within the Joint Readmission Committee with regard to the adoption of its rules of procedure as required under Article 16(2) of the Agreement shall be taken by the Commission after consultation with a special committee designated by the Council.
   Article 5
   This Decision shall enter into force on the day of its adoption.
   Article 6
   This Decision shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 7 October 2010.

            For the Council

            The President

         M. WATHELET

      (1)  The date of entry into force of the Readmission Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.
   AGREEMENT
   between the European Community and the Islamic Republic of Pakistan on the readmission of persons residing without authorisation
   THE HIGH CONTRACTING PARTIES,
   THE EUROPEAN COMMUNITY,
   hereinafter referred to as ‘the Community’,
   and
   THE ISLAMIC REPUBLIC OF PAKISTAN,
   hereinafter referred to as ‘Pakistan’,
   hereinafter also referred to individually as ‘a Party’ and collectively as ‘the Parties’,
   DESIRING to strengthen their cooperation to combat illegal immigration effectively,
   DESIRING to establish, by means of this Agreement and on the basis of reciprocity, rapid and effective procedures for the identification and safe and orderly return of persons who do not, or no longer, fulfil the conditions for entry into, presence in, or residence on the territories of Pakistan or one of the Member States of European Union, and to facilitate the transit of such persons in a spirit of cooperation,
   EMPHASISING that this Agreement shall be without prejudice to the rights, obligations and responsibilities of the Member States of the European Union and Pakistan under international law,
   CONSIDERING that the provisions of Title IV of the Treaty establishing the European Community, and all acts adopted on the basis of that Title, do not apply to the Kingdom of Denmark,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Definitions
   For the purposes of this Agreement:

               (a)

               ‘Member State’ shall mean any Member State of the European Union, with the exception of the Kingdom of Denmark;

               (b)

               ‘National of a Member State’ shall mean any person who holds the nationality, as defined for Community purposes, of a Member State;

               (c)

               ‘National of Pakistan’ shall mean any person who holds the nationality of Pakistan;

               (d)

               ‘Third country national’ shall mean any person who holds a nationality other than that of Pakistan or one of the Member States;

               (e)

               ‘Stateless person’ shall mean any person who does not hold a nationality;

               (f)

               ‘Residence authorisation’ shall mean a permit of any type issued by Pakistan or one of the Member States entitling a person to reside on the territory of the issuing State;

               (g)

               ‘Visa’ shall mean an authorisation issued or a decision taken by Pakistan or one of the Member States which is required with a view to entry into, or transit through, its territory. This shall not include an airport transit visa;

               (h)

               ‘Requesting State’ shall mean the State (Pakistan or one of the Member States), which submits a readmission application pursuant to Articles 2 and 3 or a transit application pursuant to Article 12;

               (i)

               ‘Requested State’ shall mean the State (Pakistan or one of the Member States) to which a readmission application pursuant to Articles 2 and 3 or a transit application pursuant to Article 12 is submitted.

         SECTION I
   READMISSION OBLIGATIONS
   Article 2
   Readmission of nationals
   1.   The Requested State shall readmit, after the nationality having been proved in accordance with Article 6, upon application by the Requesting State any of its nationals who does not, or who no longer fulfils the conditions in force for entry into, presence in, or residence on, the territory of the Requesting State.
   2.   The Requested State shall, as necessary and without delay, issue the person whose readmission has been accepted with the travel document required for his or her readmission, which shall be valid for at least six months. If, for legal or factual reasons, the person concerned cannot be transferred within the period of validity of the travel document, the Requested State shall issue a new travel document with the same period of validity within 14 days.
   Article 3
   Readmission of third country nationals and Stateless persons
   1.   The Requested State shall readmit, upon application by the Requesting State and without further formalities other than those provided for in this Agreement, any third country national or Stateless person who does not, or who no longer, fulfils the conditions in force for entry into, presence in, or residence on, the territory of the requesting State, provided that such persons:

               (a)

               hold, at the time of submission of the readmission application, a valid visa or residence authorisation issued by the Requested State; or

               (b)

               entered the territory of the Requesting State unlawfully coming directly from the territory of the Requested State. A person comes directly from the territory of the Requested State within the meaning of this subparagraph if he or she arrived on the territory of the Requesting State, or, where the Requested State is Pakistan, on the territory of the Member States, by air or ship without having entered another country in-between.

         2.   The readmission obligation in paragraph 1 shall not apply if:

               (a)

               the third country national or Stateless person has only been in airside transit via an international airport of the Requested State; or

               (b)

               the Requesting State has issued to the Third country national or Stateless person a visa or residence authorisation before or after entering its territory unless that person is in possession of a visa or residence permit, issued by the Requested State, which has a longer period of validity.

         3.   If the Requested State is a Member State, the readmission obligation in paragraph 1 is for the Member State that issued a visa or residence authorisation. If two or more Member States issued a visa or residence authorisation, the readmission obligation in paragraph 1 is for the Member State that issued the document with a longer period of validity or, if one or several of them have already expired, the document that is still valid. If all of the documents have already expired, the readmission obligation in paragraph 1 is for the Member State that issued the document with the most recent expiry date.
   4.   The Requested State shall, as necessary and without delay, issue the person whose readmission has been accepted with the travel document required for his or her return which shall be valid for at least six months. If, for legal or factual reasons, the person concerned cannot be transferred within the period of validity of the travel document, the Requested State shall issue a new travel document with the same period of validity within 14 calendar days.
   SECTION II
   READMISSION PROCEDURE
   Article 4
   Principles
   1.   Subject to paragraph 2, any transfer of a person to be readmitted on the basis of the obligations contained in Articles 2 and 3 shall require the submission of a readmission application to the competent authority of the Requested State.
   2.   Without prejudice to Articles 2(1) and 3(1), no readmission application shall be needed where the person to be readmitted is in possession of a valid travel document and, where applicable, a valid visa or residence authorisation of the Requested State.
   3.   No person shall be readmitted only on the basis of prima facie evidence of nationality.
   Article 5
   Readmission application
   1.   A readmission application shall contain the following information:

               (a)

               the particulars of the person to be readmitted (e.g. given name, surname, date of birth, place of birth, and the last place of residence);

               (b)

               indication of the means for the proof of nationality, transit, the conditions for the readmission of third country nationals and Stateless persons and unlawful entry and residence.

         2.   The readmission application, to the extent possible, will also contain the following information:

               (a)

               a statement indicating that the person to be readmitted may need help or care, provided the person concerned has explicitly consented to the statement;

               (b)

               any other protection or security measure which may be necessary in the individual readmission case.

         3.   A common form to be used for readmission applications is attached as Annex V to this Agreement.
   Article 6
   Means of evidence regarding nationality
   1.   Evidence of nationality cannot be furnished through false documents.
   2.   Proof of nationality pursuant to Article 2(1) may be furnished through any of the documents listed in Annex I to this Agreement, even if their period of validity has expired. If such documents are presented, the Requested and the Requesting States shall mutually recognise the nationality without further investigation being required.
   3.   Proof of nationality, as required under Article 2(1), may also be furnished through any of the documents listed in Annex II to this Agreement, even if their period of validity has expired. If such documents are presented, the Requested State shall initiate the process for establishing the nationality of the person concerned.
   4.   If none of the documents listed in Annexes I or II can be presented, the competent authority of the Requesting State and the diplomatic or consular representation of the Requested State shall, upon request, make arrangements to interview the person for whose readmission an application has been submitted, without undue delay.
   Article 7
   Means of evidence regarding third country nationals and Stateless persons
   1.   Proof of the conditions for the readmission of third country nationals and Stateless persons laid down in Article 3(1) shall be particularly furnished through the means of evidence listed in Annex III to this Agreement. It cannot be furnished through false documents. Any such proof shall be based on elements that are mutually recognised by the Requested and the Requesting States.
   2.   Proof of the conditions for the readmission of third country nationals and Stateless persons laid down in Article 3(1) may also be furnished through the means of evidence listed in Annex IV to this Agreement. Where such means of evidence are presented, the Requested State will deem them appropriate to initiate investigation.
   3.   The unlawfulness of entry, presence or residence shall be established by means of the travel documents of the person concerned in which the necessary visa or other residence authorisation for the territory of the Requesting State are missing. A statement by the Requesting State that the person concerned has been found not to have the necessary travel documents, visa or residence authorisation may provide prima facie evidence of the unlawful entry, presence or residence.
   Article 8
   Time limits
   1.   The application for readmission must be submitted to the competent authority of the Requested State within a maximum of one year after the Requesting State’s competent authority has gained knowledge that a third country national or a Stateless person does not fulfil, or no longer fulfils the conditions in force for entry, presence or residence. Where there are legal or factual obstacles to the application being submitted in time, the time limit shall, upon request, be extended but only until the obstacles have ceased to exist.
   2.   A readmission application must be replied to without undue delay, and in any event within a maximum of 30 calendar days; reasons shall be given for refusal of a readmission application. This time limit begins to run from the date of receipt of the readmission application. Where there are legal or factual obstacles to the application being replied to in time, the time limit may, upon request and giving reasons, be extended up to 60 calendar days, except if the maximum detention period in the national legislation of the Requesting State is less than, or equal to, 60 days. Where there is no reply within this time limit, the transfer shall be deemed to have been agreed to.
   3.   After agreement has been given or, where appropriate, upon expiry of the time limit mentioned in paragraph 2 of this Article, the person concerned shall be transferred within three months. Upon request, this time limit may be extended by the time taken to deal with legal or practical obstacles.
   Article 9
   Transfer modalities and modes of transportation
   Before returning a person, the competent authorities of Pakistan and the Member State concerned shall make arrangements in writing in advance, regarding the transfer date, the border crossing point, possible escorts and means of transport.
   Article 10
   Readmission in error
   Pakistan shall take back without delay any person readmitted by a Member State, and a Member State shall take back without delay a person readmitted by Pakistan, if it is established within a period of three months after the transfer of the person concerned that the requirements laid down in Articles 2 and 3 of this Agreement were not met. In such cases, the competent authorities of Pakistan and the Member State concerned shall also exchange all available information relating to the actual identity, nationality or transit route of the person to be taken back.
   SECTION III
   TRANSIT OPERATIONS
   Article 11
   Principles
   1.   The Requested State may allow the transit of a third country national or Stateless person when such a national or person cannot be returned to the State of destination directly after being satisfied, on the basis of written evidence, that the State of destination has committed itself to readmitting its national or the person as the case may be.
   2.   The Requested State may revoke consent if the onward journey in possible States of transit or the readmission by the State of destination is no longer assured. In such cases, the Requesting State shall take back the third country national or the Stateless person at its costs.
   Article 12
   Transit procedure
   1.   An application for transit operations must be submitted to the competent authorities in writing and shall contain the following information:

               (a)

               type of transit, possible other States of transit and final destination;

               (b)

               the particulars of the person concerned (e.g. given name, surname, date of birth and — where possible — place of birth, nationality, type and number of travel document);

               (c)

               envisaged border crossing point, time of transfer and possible use of escorts.

         A common form to be used for transit applications is attached as Annex VI to this Agreement.
   2.   The Requested State shall, within 14 calendar days and in writing, inform the Requesting State of its decision and, if it allows transit, confirm the border crossing point and the envisaged time of transit.
   3.   If the transit operation is effected by air, the person to be transited and possible escorts shall be exempted from having to obtain an airport transit visa.
   4.   The competent authorities of the Requested State shall, subject to mutual consultations, support the transit operations, in particular through the surveillance of the persons in question and the provision of suitable amenities for that purpose, in accordance with its laws and rules.
   SECTION IV
   COSTS
   Article 13
   Transport and transit costs
   Without prejudice to the right of the competent authorities of the Requesting State to recover the costs associated with the readmission from the person to be readmitted or third parties, all transport costs incurred in connection with readmission and transit operations pursuant to this Agreement as far as the border of the State of final destination shall be borne by the Requesting State. In the case of readmission in error, under Article 10, these costs have to be borne by the State which has to take back the person concerned.
   SECTION V
   DATA PROTECTION AND CONSISTENCY WITH OTHER LEGAL OBLIGATIONS
   Article 14
   Personal data
   1.   The processing of personal data shall only take place if such processing is necessary for the implementation of this Agreement by the competent authorities of Pakistan and the Member States. For the purposes of this Article, the definitions contained in Article 2 of Directive 95/46/EC (1) apply. Where the controller is a competent authority of a Member State, such processing shall be subject to the provisions of Directive 95/46/EC and of national legislation adopted pursuant to this Directive, including the rules concerning the transfer of personal data to third countries.
   2.   Additionally, the processing of personal data for the implementation of this Agreement, and in particular the communication of personal data from Pakistan to a Member State and vice versa, shall be subject to the following principles:

               (a)

               personal data must be processed fairly and lawfully;

               (b)

               personal data must be collected for the specified, explicit and legitimate purpose of implementing this Agreement and not further processed by the communicating authority nor by the receiving authority in a way incompatible with that purpose;

               (c)

               personal data must be adequate, relevant and not excessive in relation to the purpose for which they are collected and/or further processed, in particular, personal data communicated may concern only the following:

                           —

                           the particulars of the person to be transferred (e.g. given name, surname, any previous names, nicknames or pseudonyms, date and place of birth, sex, current and any previous nationality),

                           —

                           passport or identity card (number, period of validity, date of issue, issuing authority, place of issue),

                           —

                           stop-overs and itineraries,

                           —

                           other information needed to identify the person to be transferred or to examine the readmission requirements pursuant to this Agreement;

               (d)

               personal data must be accurate and, where necessary, kept up to date;

               (e)

               personal data must be kept in a form which permits identification of data subjects for no longer than is necessary for the purpose for which the data were collected or for which they are further processed;

               (f)

               both the communicating authority and the receiving authority shall take every reasonable step to ensure as appropriate the rectification, erasure or blocking of personal data where the processing does not comply with the provisions of this Article, in particular because that data are not adequate, relevant, accurate, or they are excessive in relation to the purpose of processing. This includes the notification of any rectification, erasure or blocking to the other Party;

               (g)

               upon request, the receiving authority shall inform the communicating authority of the use of the communicated data and of the results obtained therefrom;

               (h)

               personal data may only be communicated to the competent authorities. Further communication to other bodies requires the prior consent of the communicating authority;

               (i)

               the communicating and the receiving authorities are under the obligation to make a written record of the communication and receipt of personal data.

         Article 15
   Consistency with other legal obligations
   1.   This Agreement shall be without prejudice to the rights, obligations and responsibilities of the Community, the Member States and Pakistan arising from or under international law, and international treaties to which they are Parties.
   2.   Nothing in this Agreement shall prevent the return of a person under other bilateral arrangements.
   3.   This Agreement shall be without prejudice to the remedies and rights available to the person concerned under the laws of the host country including international law.
   SECTION VI
   IMPLEMENTATION AND APPLICATION
   Article 16
   Joint Readmission Committee
   1.   The Parties shall provide each other with mutual assistance in the application and interpretation of this Agreement. To this end, they shall set up a Joint Readmission Committee (hereinafter referred to as the Committee) which will, in particular, have the task of:

               (a)

               monitoring the application of this Agreement;

               (b)

               deciding on technical arrangements necessary for its uniform execution, including amendments to Annexes III and IV;

               (c)

               having a regular exchange of information on the implementing Protocols drawn up by individual Member States and Pakistan pursuant to Article 17;

               (d)

               proposing amendments to this Agreement and Annexes I and II.

         2.   The decisions of the Committee shall be taken by unanimity and be implemented accordingly.
   3.   The Committee shall be composed by representatives of the Community and Pakistan. The Community shall be represented by the European Commission, assisted by experts from Member States.
   4.   The Committee shall meet where necessary at the request of one of the Parties, normally on an annual basis.
   5.   Disputes which cannot be resolved by the Committee shall be settled through consultations between the Parties.
   6.   The Committee shall establish its rules of procedure, including establishing a working language common to both Parties.
   Article 17
   Implementing protocols
   1.   Pakistan and a Member State may draw up an implementing Protocol which shall cover rules on:

               (a)

               the designation of the competent authorities, the border crossing points and the exchange of contact points;

               (b)

               the conditions for escorted returns, including the transit of third country nationals and Stateless persons under escort;

               (c)

               means and documents other than those listed in the Annexes I to IV to this Agreement.

         2.   The implementing Protocols referred to in paragraph 1 shall enter into force only after the Committee, referred to in Article 16, has been notified.
   Article 18
   Relation to bilateral readmission agreements or arrangements of Member States
   The provisions of this Agreement shall take precedence over the provisions of any bilateral agreement or arrangement on the readmission of persons residing without authorisation which have been or may, under Article 17, be concluded between individual Member States and Pakistan, in so far as the provisions of the latter are incompatible with those of this Agreement.
   SECTION VII
   FINAL PROVISIONS
   Article 19
   Territorial application
   1.   Subject to paragraph 2, this Agreement shall apply to the territory in which the Treaty establishing the European Community is applicable and the territory of Pakistan.
   2.   This Agreement shall not apply to the territory of the Kingdom of Denmark.
   Article 20
   Entry into force, duration and termination
   1.   This Agreement shall be ratified or approved by the Parties in accordance with their respective procedures.
   2.   This Agreement shall enter into force on the first day of the second month following the date on which the Parties notify each other that the procedures referred to in paragraph 1 have been completed.
   3.   Without prejudice to existing obligations of the Parties under customary international law to take back own nationals, this Agreement, and the Implementing Protocols, shall apply to persons who entered into the territories of Pakistan and the Member States after its entry into force.
   4.   Either Party may terminate this Agreement at any time by officially notifying the other Party. This Agreement shall cease to apply six months after the date of such notification.
   Article 21
   Annexes
   Annexes I to VI shall form an integral part of this Agreement.

      Done at Brussels on the twenty-sixth day of October in the year two thousand and nine in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, and Swedish languages, each of these texts being equally authentic.

         За Европейската общност
         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         Az Európai Közösség részéről
         Għall-Komunità Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Pentru Comunitatea Europeană
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         För Europeiska gemenskapen

         За Ислямска република Пакистан
         Por la República Islámica de Pakistán
         Za Pákistánskou islámskou republiku
         For Den Islamiske Republik Pakistan
         Für die Islamische Republik Pakistan
         Pakistani Islamivabariigi nimel
         Για την Ισλαμική Δημοκρατία του Πακιστάν
         For the Islamic Republic of Pakistan
         Pour la République islamique du Pakistan
         Per la Repubblica islamica del Pakistan
         Pakistānas Islāma Republikas vārdā
         Pakistano Islamo Respublikos vardu
         A Pakisztáni Iszlám Köztársaság részéről
         Għar-Repubblika Iżlamika tal-Pakistan
         Voor de Islamitische Republiek Pakistan
         W imieniu Islamskiej Republiki Pakistanu
         Pela República Islâmica do Paquistão
         Pentru Republica Islamică Pakistan
         Za Pakistanskú islamskú republiku
         Za Islamsko republiko Pakistan
         Pakistanin islamilaisen tasavallan puolesta
         För Islamiska republiken Pakistan

      (1)  Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).
   ANNEX I
   Common list of documents the presentation of which is considered as evidence of nationality (Articles 2(1) in conjunction with article 6(2))

               —

               Genuine passports of any kind (national passports, diplomatic passports, service passports, collective passports and surrogate passports including children’s passports),

               —

               computerised national identity cards,

               —

               genuine citizenship certificates.

         ANNEX II
   Common list of documents the presentation of which shall initiate the process for establishing nationality (Article 2(1) in conjunction with article 6(3))

               —

               Digital fingerprints or other biometric data,

               —

               temporary and provisional national identity cards, military identity cards and birth certificates issued by the Government of the Requested Party,

               —

               photocopies (1) of any of the documents listed in Annex I to this Agreement,

               —

               driving licences or photocopies (1) thereof,

               —

               photocopies (1) of other official documents that mention or indicate citizenship (e.g. birth certificates),

               —

               service cards, seaman’s registration cards, skipper’s service cards or photocopies (1) thereof,

               —

               statements made by the person concerned.

      (1)  For the purpose of this Annex, the term ‘photocopies’ shall mean photocopies officially authenticated by the authorities of Pakistan or the Member States.
   ANNEX III
   Common list of documents which shall be considered as means of evidence of the conditions for the readmission of third country nationals and stateless persons (Article 3(1) in conjunction with article 7(1))

               —

               Entry and/or departure stamps/endorsements in the travel document of the person concerned,

               —

               valid visa and/or residence authorisation issued by the Requested State.

         ANNEX IV
   Common list of documents which are considered as means of evidence to initiate the investigations for the readmission of third country nationals and stateless persons (Article 3 in conjunction with article 7(2))

               —

               Official statements made, in particular, by border authority staff and other official or bona fide witnesses (e.g. airline staff) who can testify to the person concerned crossing the border,

               —

               description, by the competent authorities of the Requesting State, of the place and circumstances under which the person concerned has been intercepted after entering the territory of the Requesting State,

               —

               information related to the identity and/or stay of a person which has been provided by an international organisation (e.g. UNHCR),

               —

               reports/confirmation of information by family members,

               —

               statement by the person concerned,

               —

               named tickets as well as certificates and bills of any kind (e.g. hotel bills, appointment cards for doctors/dentists, entry cards for public/private institutions, etc.) which clearly show that the person concerned stayed on the territory of the Requested State;

               —

               named tickets and/or passenger lists of air or boat passages which show the itinerary on the territory of the Requested State,

               —

               information showing that the person concerned has used the services of a courier or travel agency.

         ANNEX V

   ANNEX VI

   JOINT DECLARATION CONCERNING ARTICLE 1(f)
   For the purpose of Article 1(f), the Parties agree that residence authorisation shall not include temporary permissions to remain on their territories in connection with the processing of an asylum application or an application for a residence authorisation.
   JOINT DECLARATION CONCERNING ARTICLE 2(1)
   The Parties take note that, according to the current Pakistan Citizenship Act, 1951, and the Rules made thereunder, a citizen of Pakistan cannot renounce his citizenship without having acquired or having been given a valid document assuring the grant of citizenship or nationality of another State.
   The Parties agree to consult each other as and when the need arises.
   JOINT DECLARATION CONCERNING ARTICLE 3
   With regard to Article 3, the Parties will endeavour to return, as a matter of principle, any third country national or Stateless person who does not, or who no longer fulfils the conditions in force for entry into, presence in, or residence on the territory of either Party, to his or her country of origin.
   JOINT DECLARATION CONCERNING ARTICLE 3(1)(b)
   The Parties agree that mere airside transit stays in a third country shall not be considered as ‘having entered another country in-between’ within the meaning of those provisions.
   JOINT DECLARATION CONCERNING ARTICLE 8(2)
   The Parties agree that, with regard to readmission applications submitted by Member States whose maximum detention period in their national legislation is lower than, or equal to, 30 days, the time limit of 30 calendar days mentioned in Article 8(2) includes, in case of a positive reply to the readmission application, the issuing of the travel document required for his or her readmission in respect of Article 2(2) and Article 3(4) of the Agreement.
   JOINT DECLARATION BETWEEN THE EUROPEAN COMMISSION AND PAKISTAN ON LEGAL MIGRATION
   In keeping with Pakistan’s interest in benefiting from opportunities for legal migration existing in the Member States of the European Union, the Parties agreed that the application of this Agreement will be instrumental in encouraging individual Member States to offer legal migration opportunities to Pakistani citizens. In this context, the European Commission calls upon Member States to enter into talks with Pakistan, according to their own national legislation, regarding legal migration possibilities of Pakistani citizens.
   JOINT DECLARATION ON TECHNICAL ASSISTANCE
   The Parties are committed to implement this Agreement on the basis of shared responsibility and a balanced partnership in a spirit of solidarity as regards the management of migratory flows between the European Union and Pakistan.
   In this context, the European Union will support Pakistan, through Community assistance programmes, notably the Aeneas Programme, in the implementation of all components of this Agreement, including support aimed at resettlement and welfare of the readmitted persons.
   Such support can in principle also cover fostering the links between migration and development, organising and promoting legal economic migration, managing illegal migration, and protecting migrants against exploitation and exclusion.
   JOINT DECLARATION CONCERNING DENMARK
   The Parties take note that this Agreement does not apply to the territory of the Kingdom of Denmark, nor to nationals of the Kingdom of Denmark. In such circumstances it is appropriate that Pakistan and Denmark conclude a readmission agreement in the same terms as this Agreement.
   JOINT DECLARATION CONCERNING ICELAND AND NORWAY
   The Parties take note of the close relationship between the European Community and Iceland and Norway, particularly by virtue of the Agreement of 18 May 1999 concerning the association of these countries with the implementation, application and development of the Schengen acquis. In such circumstances it is appropriate that Pakistan concludes a readmission agreement with Iceland and Norway in the same terms as this Agreement.
   JOINT DECLARATION ON A COMPREHENSIVE DIALOGUE ON MIGRATION MANAGEMENT
   The Parties are committed to engage in a comprehensive dialogue on migration management within the framework of the Joint Commission to be established under the EC — Pakistan Third Generation Cooperation Agreement. This dialogue will include visa policies, with a view to facilitating people-to-people exchanges.


Avis juridique important

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31983D0561

83/561/EEC: Council Decision of 22 November 1983 accepting undertakings offered by Japanese exporters of dicumyl peroxide and terminating the proceedings

Official Journal L 329 , 25/11/1983 P. 0019 - 0020

*****COUNCIL  DECISION  of 22 November 1983  accepting undertakings offered by Japanese exporters of dicumyl peroxide and terminating the proceedings  (83/561/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 3017/79 of 20 December 1979 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), as amended by Regulation (EEC) No 1580/82 (2), and in particular Article 10 thereof,  Having regard to the proposal from the Commission submitted after consultation within the Advisory Committee as provided for under the above Regulation,  Whereas:  A. Provisional action  (1) The Commission, by Regulation (EEC) No 2079/83 (3), imposed a provisional anti-dumping duty on imports of dicumyl peroxide originating in Japan.  B. Subsequent procedure  (2) Following the imposition of the provisional anti-dumping duty an exporter and the Community producers concerned requested, and were granted, an opportunity to be heard by the Commission. The exporters, certain importers and the Community producers also made written submissions making known their views on the said duty.  C. Dumping  (3) No new evidence of dumping has been received since the imposition of the provisional duty; the Commission, therefore, considers its findings on dumping as set out in Regulation (EEC) No 2079/83 to be definitive.  Consequently the preliminary findings are confirmed.  D. Injury  (4) No fresh evidence regarding injury to the Community industry has been submitted.  The Commission has therefore confirmed the conclusions on injury set out in Regulation (EEC) No 2079/83.  In the Commission's view, therefore, the facts as finally determined show that the injury being caused by dumped imports of dicumyl peroxide originating in Japan, taken in isolation from that caused by other factors, has to be considered as material.  E. Community interest  (5) No new evidence was submitted by Community consumers; the Commission has therefore confirmed its preliminary findings and has come to the conclusion that it is in the Community's interests that action be taken.  In these circumstances, protection of the Community's interests calls for the taking of anti-dumping measures against imports of dicumyl peroxide originating in Japan.  F. Undertakings  (6) The exporters concerned, having been informed of the Commission's definitive findings, offered undertakings concerning their exports of dicumyl peroxide to the Community. The Commission considers that the effect of the said undertakings will be to allow the Community producers to obtain an appropriate return from their sales of dicumyl peroxide in the Community, the injury caused by the dumped Japanese imports thereby being eliminated.  However, during the consultations within the Advisory Committee concerning the acceptability of these undertakings, one delegation objected to the termination of the proceedings on the basis of acceptance of these undertakings.  The Commission has in conclusion submitted a proposal to the Council to terminate the proceedings on the basis of the acceptance of the undertakings offered,  HAS DECIDED AS FOLLOWS:  Article 1  The Council hereby accepts the undertakings given by Nippon Oil and Fats Co. Ltd, Tokyo, and Mitsui Petrochemical Industries Ltd, Tokyo, in connection with the anti-dumping proceedings concerning dicumyl peroxide falling within subheading ex 29.08 D of the Common Customs Tariff, corresponding to NIMEXE code ex 29.08-70 and originating in Japan.  Article 2  The anti-dumping proceedings concerning imports of dicumyl peroxide originating in Japan are hereby terminated.  Done at Brussels, 22 November 1983.  For the Council  The President  A. GEORGIADIS  (1) OJ No L 339, 31. 12. 1979, p. 1.  (2) OJ No L 178, 22. 6. 1982, p. 9.  (3) OJ No L 203, 27. 7. 1983, p. 13.


Avis juridique important

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31974Y1017(03)

Decision No 96 of 15 March 1974 concerning the revision of rights to benefit pursuant to Article 49 (2) of Council Regulation (EEC) No 1408/71

Official Journal C 126 , 17/10/1974 P. 0023 - 0024 Spanish special edition: Chapter 05 Volume 2 P. 0040  Portuguese special edition Chapter 05 Volume 2 P. 0040

Decision No 96 of 15 March 1974 concerning the revision of rights to benefit pursuant to Article 49 (2) of Council Regulation (EEC) No 1408/71THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,Having regard to Article 81 (a) of Regulation (EEC) No 1408/71 under which it is made responsible for dealing with all questions of interpretation arising from Regulations (EEC) No 1408/71 and (EEC) No 574/72;Whereas Decision No 41, published in Official Journal of the European Communities No 32 of 4 March 1963, has been rendered invalid by the entry into force of Regulations (EEC) No 1408/71 and (EEC) No 574/72; whereas, however, taking into account the provisions of the said Regulations, there are grounds for adopting a new Decision;Whereas it is essential to ascertain:(a) whether, when a benefit is being reviewed under Article 49 (2) of Regulation (EEC) No 1408/71, the reviewing institution should take into account periods of insurance or of residence completed after the commencement of entitlement to the initial benefit, either in the country in which the competent institution is situated or in another Member State,(b) whether, for the determination of rights under the legislation of the country whose qualifying conditions have been satisfied, account should be taken of any periods of insurance or of residence completed, after the commencement of entitlement to the initial benefit, in the country under whose legislation this benefit has been awarded;Whereas the review provided for in Article 49 (2) of Regulation (EEC) No 1408/71 takes the form of a recalculation in accordance with the provisions of Article 46 of the said Regulation in respect of all the legislations whose qualifying conditions have been satisfied;Whereas under the provisions of Article 46 (2) (b) of Regulation (EEC) No 1408/71 the amount of benefit is established by each of the institutions concerned on the basis of the amount of benefit to which the person concerned would have been entitled if all periods of insurance or residence had been completed solely under the legislation administered by it, this amount being reduced pro rata with the length of the periods of insurance or residence completed before the occurrence of the event insured against under that legislation in relation to the total length periods completed, beforre the occurrence of that event, under the legislations of all the Member States concerned;Whereas, pursuant to Article 49 of Regulation (EEC) No 1408/71, for each review of benefit the day on which the event occured in the Member State whose conditions for the commencement of entitlement were last satisfied should be considered as the day on which the event occurred;Whereas under the definition given in Article 1 (r) and (s) (a) of Regulation (EEC) No 1408/71 only periods of insurance or residence defined or recognized as insurance periods and periods treated as such which are regarded as equivalent to periods of insurance or residence by the legislation of the Member State under which they were completed should be taken into consideration for the purpose of aggregation by the institutions of other Member States;Acting in accordance with the provisions of Article 80 (3) of Regulation (EEC) No 1408/71,HAS DECIDED:Article 1Any institution which, pursuant to Article 49 (2) of Regulation (EEC) No 1408/71, reviews a benefit previously awarded by it shall be bound to take into account:(a) for the calculation of the theoretical amount,(b) in the numerator and the denominator of the fraction representing the pro rata referred to in Article 46 (2) (b) of Regulation (EEC) No 1408/71,the periods of insurance or residence completed, after the commencement of entitlement to the initial benefit, under the legislation which it administers, in so far as such periods are likely to be taken into consideration under the said legislation.Article2Any institution which, pursuant to Article 49 (2) of Regulation (EEC) No 1408/71, reviews a benefit previously awarded by it shall be bound to take into account:(a) for the calculation of the theoretical amount,(b) in the denominator of the fraction representing the pro rata referred to in Article 46 (2) (b) of Regulation (EEC) No 1408/71,the periods of insurance or residence completed, after the commencement of entitlement to the initial benefit, under the legislation of any other Member State concerned, in so far as such periods are likely to be taken into consideration under the said legislation.Article3For the determination of rights under the legislation of the Member State whose qualifying conditions have been satisfied, account shall be taken:(a) for the calculation of the theoretical amount,(b) in the denominator of the fraction representing the pro rata referred to in Article 46 (2) (b) of Regulation (EEC) No 1408/71,of the periods of insurance or residence completed, after the commencement of entitlement to the initial benefit, in the Member State or Member State under whose legislation this benefit was previously awarded, in so far as such periods are likely to be taken into consideration under this latter legislation.Article4This Decision shall be published in the Official Journal of the European Communities. It shall enter into force for the six original Member States on 1 October 1972 and, in accordance with the Treaty of Accession, from 1 April 1973 for the three new Member States.The Chairmanof the Administrative CommissionK.Jantz


title: 2013/332/EU: Council Decision of 10 June 2013 on the conclusion on behalf of the European Union of the Protocol on the implementation of the 1991 Alpine Convention in the field of transport (Transport protocol)

text:
               28.6.2013

               EN

               Official Journal of the European Union

               L 177/13

         COUNCIL DECISION
   of 10 June 2013
   on the conclusion on behalf of the European Union of the Protocol on the implementation of the 1991 Alpine Convention in the field of transport (Transport protocol)
   (2013/332/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 in conjunction with Article 218(6)(a)(v), and the first paragraph of Article 218(8) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament (1),
   Whereas:

               (1)

               The Convention on the protection of the Alps (Alpine Convention) was concluded on behalf of the European Community by the Council by Decision 96/191/EC (2).

               (2)

               The Council decided on the signature, on behalf of the Community, of the Protocol on the implementation of the 1991 Alpine Convention in the field of transport (Transport protocol) by Decision 2007/799/EC (3).

               (3)

               The Transport protocol is an important step in the implementation of the Alpine Convention and the Union is committed to the achievement of the objectives of that Convention.

               (4)

               The economic, social and ecological cross-border problems of the Alps remain a major challenge to be addressed in this highly sensitive area.

               (5)

               The Transport protocol provides a framework, based on the precautionary principle, the preventive principle and the polluter-pays principle, for ensuring sustainable mobility and protection of the environment, in relation to all modes of transport in the Alpine region in the light of Article 2 of the Alpine Convention.

               (6)

               The provisions of the Transport protocol are in line with the Union's Common Transport Policy and fully support the Commission's "Greening Transport" approach adopted in 2008.

               (7)

               The ratification of the Transport protocol would strengthen trans-border cooperation with those countries which are not members of the Union, namely Liechtenstein, Monaco and Switzerland, which would help to ensure that the goals of the Union are shared by regional partners and that such initiatives cover the whole Alpine region.

               (8)

               The Transport protocol should therefore be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Protocol on the implementation of the 1991 Alpine Convention in the field of transport (Transport protocol) is hereby approved on behalf of the European Union (4).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to deposit, on behalf of the Union, the instrument of approval with the Republic of Austria in accordance with Article 24 of the Transport protocol, and make the following declaration:

      "As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to ‧the European Community‧ or to ‧the Community‧ in the text of the Protocol are, where appropriate, to be read as to ‧the European Union‧ or to ‧the Union‧.".

   Article 3
   This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      Done at Luxembourg, 10 June 2013.

            For the Council

            The President

         L. VARADKAR

      (1)  OJ C 184 E, 8.7.2010, p. 183 and OJ C 81 E, 15.3.2011, p. 1.

      (2)  OJ L 61, 12.3.1996, p. 31.

      (3)  OJ L 323, 8.12.2007, p. 13.

      (4)  The Protocol has been published in OJ L 323, 8.12.2007, p. 15 together with the decision on signature.


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32002D0952

2002/952/EC: Commission Decision of 3 December 2002 terminating the accelerated review of Council Regulation (EC) No 1601/1999 imposing a definitive countervailing duty on imports of stainless steel wire with a diameter of less than 1 mm originating in India

Official Journal L 330 , 06/12/2002 P. 0037 - 0038

Commission Decisionof 3 December 2002terminating the accelerated review of Council Regulation (EC) No 1601/1999 imposing a definitive countervailing duty on imports of stainless steel wire with a diameter of less than 1 mm originating in India(2002/952/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community(1) (hereinafter referred to as "the basic Regulation"), as amended by Regulation (EC) No 1973/2002(2), and in particular Article 20 thereof,After consulting the Advisory Committee,Whereas:A. PREVIOUS PROCEDURE(1) By Regulation (EC) No 1601/1999(3), the Council imposed a definitive countervailing duty on imports of stainless steel wire having a diameter of less than 1 mm (hereinafter referred to as "the product concerned") falling within CN code ex 7223 00 19 originating in India. The measures took the form of ad valorem duties of between 0 % and 42,9 % on individual exporters, with a residual duty of 44,4 %.B. CURRENT PROCEDURE1. Request for review(2) Subsequent to the imposition of definitive measures, the Commission received a request for the initiation of an accelerated review of Regulation (EC) No 1601/1999, pursuant to Article 20 of the basic Regulation, from one Indian producer, Garg Sales Co. PVT Ltd (the applicant). The company concerned claimed that it was not related to any other exporters of the product concerned in India. Furthermore, it claimed that it had not exported the product concerned during the original period of investigation (1 April 1997 to 31 March 1998), but had exported the product concerned to the Community after that period. On the basis of the above, it requested that an individual duty rate be established for it.2. Initiation of an accelerated review(3) The Commission examined the evidence submitted by the applicant and considered it sufficient to justify the initiation of a review in accordance with the provisions of Article 20 of the basic Regulation. After consultation of the Advisory Committee and after the Community industry concerned had been given the opportunity to comment, the Commission initiated, by a notice in the Official Journal of the European Communities(4), an accelerated review of Regulation (EC) No 1601/1999 with regard to the company concerned and commenced its investigation.3. Non cooperation by the exporting producer(4) In order to obtain the information it deemed necessary for its investigation, the Commission sent a questionnaire to the applicant. However, the Commission did not receive any reply to the questionnaire within the deadline set for that purpose. Neither did the applicant request an extension of that deadline. The Commission informed the applicant that in these circumstances it was intended to proceed with the termination of the review investigation without examining further its request for establishing an individual duty rate. The applicant was given a period of 10 days to comment. No comments from the applicant were received on the disclosure of the Commission's intention to terminate the review investigation.(5) Consequently, it must be concluded that Garg Sales Co. PVT Ltd has failed to cooperate in the investigation by not replying to the questionnaire sent by the Commission. The accelerated review should therefore be terminated,HAS ADOPTED THIS DECISION:Sole ArticleThe accelerated review of Council Regulation (EC) No 1601/1999 concerning imports of stainless steel wire with a diameter of less than 1 mm originating in India is hereby terminated.Done at Brussels, 3 December 2002.For the CommissionPascal LamyMember of the Commission(1) OJ L 288, 21.10.1997, p. 1.(2) OJ L 305, 7.11.2002, p. 4.(3) OJ L 189, 22.7.1999, p. 26.(4) OJ C 175, 23.7.2002, p. 4.


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41999D0782

1999/782/EC, ECSC, Euratom: Decision of the representatives of the Governments of the Member States of 24 November 1999 appointing a judge to the Court of Justice of the European Communities

Official Journal L 307 , 02/12/1999 P. 0057 - 0057

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATESof 24 November 1999appointing a judge to the Court of Justice of the European Communities(1999/782/EC, ECSC, Euratom)THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 223 thereof,Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 32b thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 139 thereof,Whereas:(1) Pursuant to Article 7 of the Protocol on the Statute of the Court of Justice of the European Community and to the corresponding provisions of the Protocols on the Statutes of the Court of Justice of the European Coal and Steel Community and of the European Atomic Energy Community, and as a consequence of the death of Mr Federico Mancini, a judge should be appointed for the remaining period of Mr Federico Mancini's term of office;(2) Mr Antonio Mario La Pergola, currently Advocate-General at the Court of Justice, has agreed to be appointed to this post,HAVE DECIDED AS FOLLOWS:Article 1Mr Antonio Mario La Pergola is hereby appointed a judge at the Court of Justice of the European Communities for the period 15 December 1999 to 6 October 2000.Article 2This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 24 November 1999.The PresidentA. SATULI


title: 2007/41/EC: Council Decision of 22 January 2007 appointing three Swedish members and two Swedish alternate members to the Committee of the Regions

text:
               25.1.2007

               EN

               Official Journal of the European Union

               L 18/10

      COUNCIL DECISION

   of 22 January 2007
   appointing three Swedish members and two Swedish alternate members to the Committee of the Regions
   (2007/41/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal from the Swedish Government,
   Whereas:

               (1)

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

               (2)

               Three members' seats on the Committee of the Regions have become vacant following the death of Mr Anders GUSTÂV and the end of the mandates of Ms Catarina TARRAS-WAHLBERG and Mr Aldo ISKRA. Two alternate members' seats have become vacant following the end of the mandates of Ms Catarina SEGERSTEN-LARSSON and Ms Christina TALLBERG,

         HAS DECIDED AS FOLLOWS:
   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 2010:

               (a)

               as members

                           —

                           Ms Chris HEISTER, ledamot i landstingsfullmäktige i Stockholms läns landsting, in place of Mr Anders GUSTÂV,

                           —

                           Ms Lisbeth RYDEFJÄRD, ledamot i landstingsstyrelsen, Jönköpings läns landsting, in place of Mr Aldo ISKRA,

                           —

                           Ms Catarina TARRAS-WAHLBERG, ledamot i kommunfullmäktige, Stockholms kommun (change of mandate);

               (b)

               as alternate members

                           —

                           Ms Catarina SEGERSTEN-LARSSON, ledamot i landstingsfullmäktige, Värmlands läns landsting (change of mandate),

                           —

                           Ms Christina TALLBERG, ledamot i kommunfullmäktige, Tyresö kommun, (change of mandate).

         Article 2
   This Decision shall take effect on the date of its adoption.

      Done at Brussels, 22 January 2007.

            For the Council

            The President

         F.-W. STEINMEIER

      (1)  OJ L 56, 25.2.2006, p. 75.


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31992D0561

92/561/EEC: Council Decision of 27 November 1992 on the conclusion of an interim Agreement on trade and customs union between the European Economic Community and the Republic of San Marino

Official Journal L 359 , 09/12/1992 P. 0013 - 0013

COUNCIL DECISION  of 27 November 1992  on the conclusion of an interim Agreement on trade and customs union between the European Economic Community and the Republic of San Marino  (92/561/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the proposal from the Commission (1),  Whereas, pending the entry into force of the Agreement on Cooperation and Customs Union signed in Brussels on 16 December 1991, the interim agreement on trade and customs union between the European Economic Community and the Republic of San Marino  should be approved,  HAS DECIDED AS FOLLOWS:  Article 1  The interim Agreement on trade and customs union between the European Economic Community and the Republic of San Marino, including the declarations it incorporates, is hereby approved on behalf of the Community.  The texts of these instruments are attached to this Decision.  Article 2  The President of the Council shall, on behalf of the Community, give the notification provided for in Article 19 of the Agreement (2). Done at Brussels, 27 November 1992. For the Council  The President  J. PATTEN   (1) OJ No C 114, 5. 5. 1992, p. 7. (2) See page 21 of this Official Journal.     ANNEX  List of customs offices referred to in Article 7 (1) (a):  - LIVORNO  - RAVENNA  - RIMINI  - FORLÌ (CESENA)  - TRIESTE.    Joint Declaration  The European Community and the Republic of San Marino consider it necessary to determine the procedure for forwarding goods from the Community customs offices authorized by the Agreement to the Republic of San Marino, the procedure for movement of goods  between the Community and the Republic of San Marino, and the methods of administrative cooperation necessary for implementing the Agreement.  They consider that the rules to be agreed on the matter, in order to ensure proper implementation of the provisions concerning the movement of goods between the Community and San Marino through application of the internal Community transit procedure,  should be determined by the Cooperation Committee before 1 January 1993.  In implementing the provisions concerning the movement of goods, they undertake to facilitate, in circumstances which they deem appropriate, the use of simplified procedures at the places of departure and destination of goods, as provided for by the  rules concerning the Community transit procedure and the single administrative document.    Declaration by the Community  Where the scale of trade flows so warrants, the Community is prepared to negotiate on behalf of and for the Republic of San Marino with countries with which it has concluded preferential agreements for an appropriate form of recognition of equivalent  treatment for products originating in San Marino and products originating in the Community.


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31993D0370

93/370/EEC: Decision of the European Parliament of 22 April 1993 giving discharge to the Management Board of the European Centre for the Development of Vocational Training in respect of the implementation of its budget for the 1991 financial year

Official Journal L 155 , 26/06/1993 P. 0087 - 0088

DECISION OF THE EUROPEAN PARLIAMENT of 22 April 1993 giving discharge to the Management Board of the European Centre for the Development of Vocational Training in respect of the implementation of its budget for the 1991 financial year(93/370/EEC)THE EUROPEAN PARLIAMENT,  - Having regard to the EEC Treaty and in particular Article 206b thereof,  - Having regard to the statement of accounts of the European Centre for the Development of Vocational Training and the report of the Court of Auditors on this subject (C3-0094/93),  - Having regard to the Council Decision of 15 March 1993 (C3-0129/93),  - Having regard to the report of the Committee on Budgetary Control (A3-0119/93),  1. Notes the following figures for the accounts of the European Centre for the Development of Vocational Training:  1991 Financial Year (in ecus) Revenue  1. Subsidy from the Commission 9 890 231,41 2. Bank interests 101 779,13 3. Other 11 933,69 Expenditure  1. Final budget appropriations 10 390 000,00 2. Commitments 10 003 944,23 3. Unused appropriations 386 055,77 4. Payments 7 933 193,56 5. Carry-overs from 1990 1 523 027,16 6. Payments against appropriations carried over 1 248 657,66 7. Appropriations carried over and cancelled (5 - 6) 274 369,50 8. Carry-overs to 1992 2 070 750,67 9. Cancellations (1   4   8) 386 055,77 2. Notes that the Management Board commissioned an initial assessment of the Centre's operation from an outside management consultant in 1992 (Mallet report);  3. Notes that the Mallet report identifies weaknesses in the procedures for concluding contracts and further notes that, over the last four years, only some 5 % of all study contracts involved amounts requiring reference to the Management Board;  4. Notes further, with surprise, that the bulk of the study contracts relating to the comparability of vocational training qualifications were awarded to a body based outside the Community;  5. Calls upon the Centre actively to elicit the widest possible range of suitable applicants to ensure balance in the award of study contracts;  6. Urges the Management Board to commission a comprehensive study during 1993 aimed at ascertaining the extent to which the Centre fulfils its statutory goals and at recommending possible improvements to existing arrangements, focusing on the demand for  and policy- and cost-effectiveness of the Centre's various products, on the division of labour between in-house staff and outside consultants, and on internal evaluation procedures, and to communicate the report to Parliament;  7. Calls upon Council to take a decision without further delay on the proposed new Financial Regulation for the Centre;  8. Gives discharge to the Management Board of the European Centre for the Development of Vocational Training, in respect of the implementation of its budget for the 1991 financial year, on the basis of the report of the Court of Auditors;  9. Instructs its President to forward this Decision to the Management Board of the European Centre for the Development of Vocational Training, the Council, the Commission and the Court of Auditors and to have it published in the Official Journal of the  European Communities (L-series).  Done at Strasbourg, 22 April 1993.  The Secretary-General The President Enrico VINCI Dr Egon KLEPSCH


title: Decision of the Standing Committee of the EFTA States No 1/2010/SC of 28 January 2010 establishing an EEA Financial Mechanism Interim Committee 2009-2014

text:
               4.3.2010

               EN

               Official Journal of the European Union

               L 53/19

         DECISION OF THE STANDING COMMITTEE OF THE EFTA STATES
   No 1/2010/SC
   of 28 January 2010
   establishing an EEA Financial Mechanism Interim Committee 2009-2014
   THE STANDING COMMITTEE OF THE EFTA STATES,
   Having regard to the Agreement on the European Economic Area, as adjusted by the Protocol Adjusting the Agreement on the European Economic Area, hereinafter referred to as the EEA Agreement,
   Having regard to the agreement to be concluded establishing a new EEA Financial Mechanism for the period 2009-2014,
   Considering the agreement between the Kingdom of Norway and the European Community to establish a Norwegian Financial Mechanism for the period 2009-2014,
   HAS DECIDED AS FOLLOWS:
   Article 1
   1.   An EEA Financial Mechanism Interim Committee 2009-2014, hereinafter referred to as the Interim Committee, which should be operative as soon as possible, is hereby established.
   2.   The Interim Committee shall assist the EFTA States in preparing for the implementation of the EEA Financial Mechanism for 2009-2014.
   3.   The Interim Committee shall report to the Standing Committee.
   4.   The Interim Committee may be assisted by the Missions of the EEA EFTA States to the EU.
   5.   The Interim Committee shall on the day of entering into force or on the day of provisional application of the legal act establishing the EEA Financial Mechanism 2009-2014 be replaced by an EEA Financial Mechanism Committee 2009-2014.
   6.   The Interim Committee shall discuss and assess possible coordination between the EEA Financial Mechanism and the Norwegian Financial Mechanism.
   7.   The Interim Committee shall agree upon a Chairman who shall be confirmed by the Standing Committee.
   Article 2
   This Decision shall take immediate effect.
   Article 3
   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, 28 January 2010.

            For the Standing Committee

            The Chairman

         H.S.H Prinz Nikolaus von LIECHTENSTEIN

            The Secretary-General

         Kåre BRYN


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31994D0087

94/87/EC: Council Decision of 20 December 1993 concerning the conclusion of Agreements in the form of Agreed Minutes on certain oil seeds between the European Community and Argentina, Brazil, Canada, Poland, Sweden and Uruguay, respectively, pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT)

Official Journal L 047 , 18/02/1994 P. 0001 - 0001 Finnish special edition: Chapter 11 Volume 29 P. 0045  Swedish special edition: Chapter 11 Volume 29 P. 0045

COUNCIL DECISION of 20 December 1993  concerning the conclusion of Agreements in the form of Agreed Minutes on certain oil seeds between  the European Community and Argentina, Brazil, Canada, Poland, Sweden and Uruguay, respectively,  pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) (94/87/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 113 in  conjunction with Article 228 (2) thereof, Having regard to the proposal from the Commission, Whereas a GATT panel found that the Community's support system for oil seeds had the effect of  reducing the value of the tariff concessions granted by the Community in 1962; Whereas the GATT panel consequently recommended that the Community should act quickly to eliminate  this reduction in the value of tariff concessions; Whereas a mutually satisfactory agreement was reached in the negotiations with the majority of GATT  contracting parties having negotiating rights pursuant to Article XXVIII of the GATT; Whereas these Agreements in the form of Agreed Minutes should be put into effect quickly, so that  the agreed deadlines can be met and should therefore be approved, HAS DECIDED AS FOLLOWS: Article 1 The Agreements in the form of Agreed Minutes on certain oil seeds between the European Community  and Argentina, Brazil, Canada, Poland, Sweden and Uruguay, respectively, in the framework of the  General Agreement on Tariffs and Trade, are hereby approved on behalf of the Community. The texts of the Agreements are attached to this Decision. Article 2 The President of the Council is hereby authorized to designate the person empowered to sign the  Agreements in order to bind the Community (1). Article 3 This Decision shall be published in the Official Journal of the European Communities. Done at Brussels, 20 December 1993. For the Council The President W. CLAES (1) The dates of entry into force of the Agreements will be published in the  Official Journal of the European Communities by the General Secretariat of the Council.