title: 2014/343/EU: Council Decision of 24 March 2014 on the signing, on behalf of the European Union, and provisional application of the Agreement on the participation of the Republic of Croatia in the European Economic Area, and of three related agreements

text:
               11.6.2014

               EN

               Official Journal of the European Union

               L 170/3

         COUNCIL DECISION
   of 24 March 2014
   on the signing, on behalf of the European Union, and provisional application of the Agreement on the participation of the Republic of Croatia in the European Economic Area, and of three related agreements

      (2014/343/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 in conjunction with Article 218(5) and the second subparagraph of Article 218(8) thereof,
   Having regard to the Act of Accession of the Republic of Croatia, and in particular Articles 6(2) and 6(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Agreement on the European Economic Area (1) (‘the EEA Agreement’) was signed in Oporto on 2 May 1992.

               (2)

               The Republic of Croatia became a Member State of the European Union on 1 July 2013.

               (3)

               Following its accession to the European Union, the Republic of Croatia has applied to become a Contracting Party to the EEA Agreement, pursuant to Article 128 thereof.

               (4)

               To that end, the Commission has negotiated, on behalf of the Union and its Member States, with Iceland, the Principality of Liechtenstein, the Kingdom of Norway the Agreement on the participation of the Republic of Croatia in the European Economic Area (‘the Agreement’) and three related Additional Protocols, namely (a) the Additional Protocol to the Agreement between the Kingdom of Norway and the European Union on a Norwegian Financial Mechanism for the period 2009-2014 consequent to the participation of the Republic of Croatia in the European Economic Area, (b) the Additional Protocol to the Agreement between the European Economic Community and Iceland consequent to the accession of the Republic of Croatia to the European Union and (c) the Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway consequent to the accession of the Republic of Croatia to the European Union (‘the related Protocols’).

               (5)

               The Agreement and the related Protocols should be signed and applied on a provisional basis, pending the completion of the procedures for their conclusion,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing on behalf of the Union of the Agreement on the participation of the Republic of Croatia in the European Economic Area and the related Protocols is hereby authorised, subject to their conclusion.
   The texts of the Agreement and of the related Protocols, as well as the Agreements in the form of Exchanges of Letters concerning their provisional application, are attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement and the related Protocols, as well as the Agreements in the form of Exchanges of Letters concerning their provisional application, on behalf of the Union.
   Article 3
   The Agreement and the Additional Protocol to the Agreement between the Kingdom of Norway and the European Union on a Norwegian Financial Mechanism for the period 2009-2014 consequent to the participation of the Republic of Croatia in the European Economic Area shall be applied on a provisional basis from the day following the date on which the last of the Exchanges of Letters has been completed, pending the completion of the procedures for the said Agreement and Protocol.
   The Additional Protocol to the Agreement between the European Economic Community and Iceland consequent to the accession of the Republic of Croatia to the European Union and the Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway consequent to the accession of the Republic of Croatia to the European Union shall be applied on a provisional basis from the first day of the third month following the deposit of the last notification regarding provisional application, in accordance with Article 4 of both Additional Protocols.
   Article 4
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 24 March 2014.

            For the Council

            The President

         A. TSAFTARIS

      (1)  OJ L 1, 3.1.1994, p. 3.


title: 2005/31/EC: Council Decision of 24 September 2004 appointing a Netherlands member and a Netherlands alternate member of the Committee of the Regions

text:
               20.1.2005

               EN

               Official Journal of the European Union

               L 16/57

         COUNCIL DECISION
   of 24 September 2004
   appointing a Netherlands member and a Netherlands alternate member of the Committee of the Regions
   (2005/31/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 Netherlands Government,
   Whereas:

               (1)

               on 22 January 2002 the Council adopted a Decision 2002/60/EC appointing the members and alternate members of the Committee of the Regions (1).

               (2)

               a seat as a member of the Committee of the Regions has become vacant following the resignation of Mr Wim VAN GELDER and a seat as an alternate member of the Committee of the Regions has become vacant following the resignation of Mr Onno HOES, notified to the Council on 6 September 2004,

         HAS DECIDED AS FOLLOWS:
   Sole Article

               (a)

               Mr Onno HOES,
               Gedeputeerde van de provincie Noord-Brabant,
               is hereby appointed a member in place of Mr Wim VAN GELDER

               (b)

               Mr Wim VAN GELDER,
               Commissaris van de Koningin in de provincie Zeeland
               is hereby appointed a member in place of Mr Onno HOES,

         for the remainder of their terms of office, which run until 25 January 2006.

      Done at Brussels, 24 September 2004.

            For the Council

            The President

         L. J. BRINKHORST

      (1)  OJ L 24, 26.1.2002, p. 38.


Avis juridique important

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32002D0105

2002/105/EC,ECSC,Euratom: Council Decision of 28 January 2002 on the order in which the office of President of the Council shall be held

Official Journal L 039 , 09/02/2002 P. 0017 - 0017

Council Decisionof 28 January 2002on the order in which the office of President of the Council shall be held(2002/105/EC, ECSC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular the second paragraph of Article 203 thereof,Having regard to the Treaty establishing the European Coal and Steel Community, and in particular the second paragraph of Article 27 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 116 thereof,Having regard to the Council Decision of 1 January 1995 determining the order in which the office of President of the Council shall be held(1), and in particular Article 1(2) thereof,Having regard to the proposal by Germany and Finland of 18 January 2002,Whereas:This Decision is without prejudice to any further amendments to the order in which the office of President shall be held which the Council might adopt, in particular in connection with the accession of new Member States to the Union,HAS DECIDED AS FOLLOWS:Article 1The respective periods in which Germany and Finland shall hold the office of President of the Council during the second six months of 2006 and the first six months of 2007 are hereby reversed.Article 2This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 28 January 2002.For the CouncilThe PresidentJ. Piqué i Camps(1) OJ L 1, 1.1.1995, p. 220.


title: Council Decision 2012/665/CFSP of 26 October 2012 amending Decision 2010/638/CFSP concerning restrictive measures against the Republic of Guinea

text:
               27.10.2012

               EN

               Official Journal of the European Union

               L 299/45

         COUNCIL DECISION 2012/665/CFSP
   of 26 October 2012
   amending Decision 2010/638/CFSP concerning restrictive measures against the Republic of Guinea
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 25 October 2010, by Decision 2010/638/CFSP (1) the Council imposed restrictive measures against the Republic of Guinea.

               (2)

               On the basis of a review of Decision 2010/638/CFSP, the restrictive measures should be extended until 27 October 2013.

               (3)

               It is necessary to amend the measures relating to the arms embargo provided for in Decision 2010/638/CFSP.

               (4)

               Decision 2010/638/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2010/638/CFSP is hereby amended as follows:

               (1)

               Article 2(1) is amended as follows:

                           (a)

                           the following point is added:

                                       ‘(g)

                                       sale, supply, transfer or export of explosives and related equipment intended solely for civilian use in mining and infrastructure investments and the provision of technical assistance, brokering services and other services as well as the provision of financing and financial assistance related to such items, provided that the storage and use of the explosives and related equipment and services are controlled and verified by an independent body and that the providers of related services are identified;’;

                           (b)

                           the following subparagraph is added:
                           ‘In cases falling within point (g) a Member State shall inform the other Member States two weeks in advance of its intention to grant an approval under that point.’.

               (2)

               In Article 8, paragraph 2 is replaced by the following:
               ‘2.   This Decision shall apply until 27 October 2013. It shall be kept under constant review. It may be renewed or amended, as appropriate, if the Council deems that its objectives have not been met.’.

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

      Done at Brussels, 26 October 2012.

            For the Council

            The President

         A. D. MAVROYIANNIS

      (1)  OJ L 280, 26.10.2010, p. 10.


title: Council Decision 2005/966/CFSP of  14 November 2005  concerning the conclusion of an Agreement between the European Union and the Swiss Confederation on the participation of the Swiss Confederation in the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM)

text:
               31.12.2005

               EN

               Official Journal of the European Union

               L 349/30

         COUNCIL DECISION 2005/966/CFSP
   of 14 November 2005
   concerning the conclusion of an Agreement between the European Union and the Swiss Confederation on the participation of the Swiss Confederation in the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 24 thereof,
   Having regard to the recommendation from the Presidency,
   Whereas:

               (1)

               On 9 September 2005, the Council adopted Joint Action 2005/643/CFSP on the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) (1).

               (2)

               Article 10(4) of that Joint Action provides that detailed arrangements regarding the participation of third states shall be the subject of an agreement, in conformity with Article 24 of the Treaty on European Union.

               (3)

               On 13 December 2004, the Council authorised the Presidency, assisted where necessary by the Secretary-General/High Representative, in case of future EU civilian crisis management operations to open negotiations with third states with a view to concluding an agreement on the basis of the model agreement between the European Union and a third state on the participation of a third state in an European Union civilian crisis management operation. On that basis the Presidency negotiated an Agreement with the Swiss Confederation on the participation of the Swiss Confederation in the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM).

               (4)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Union and the Swiss Confederation on the participation of the Swiss Confederation in the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) 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 is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the European Union.
   Article 3
   This Decision shall take effect on the day of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 14 November 2005.

            For the Council

            The President

         T. JOWELL

      (1)  OJ L 234, 11.9.2005, p. 13.
    ---documentbreak---

               31.12.2005

               EN

               Official Journal of the European Union

               L 349/31

         AGREEMENT
   between the European Union and the Swiss Confederation on the participation of the Swiss Confederation in the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM)
   THE EUROPEAN UNION (EU),
   of the one part, and
   THE SWISS CONFEDERATION,
   of the other part,
   hereinafter referred to as the ‘Parties’,
   TAKING INTO ACCOUNT:

               —

               the Memorandum of Understanding signed on 15 August 2005 between the Government of Indonesia (GoI) and the Free Aceh Movement (GAM) regarding a peaceful, comprehensive and sustainable solution to the conflict in Aceh, which notably provides for the establishment of an Aceh Monitoring Mission (AMM),

               —

               the Agreement between the GoI and the European Union of 3 October 2005, regarding the tasks, status, privileges and immunities of the AMM and its members,

               —

               the invitation to the Swiss Confederation to participate in the AMM,

               —

               the acceptance from the Swiss Confederation to participate in the AMM,

               —

               the adoption by the Council of the European Union of Joint Action 2005/643/CFSP of 9 September 2005 on the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM),

               —

               the decision of the Political and Security Committee of 20 September 2005, on the acceptance of the Swiss Confederation’s contribution to the AMM,

         HAVE AGREED AS FOLLOWS:
   Article 1
   Participation in the AMM
   1.   The Swiss Confederation shall associate itself with Joint Action 2005/643/CFSP of 9 September 2005 on the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) and with any Joint Action or Decision by which the Council of the European Union decides to extend the AMM, in accordance with the provisions of this Agreement and any required implementing arrangements.
   2.   The contribution of the Swiss Confederation to the AMM is without prejudice to the decision-making autonomy of the European Union.
   3.   The Swiss Confederation shall ensure that its personnel participating in the AMM undertake their mission in conformity with:

               (a)

               Joint Action 2005/643/CFSP and possible subsequent amendments;

               (b)

               the Operation Plan (OPLAN);

               (c)

               implementing measures.

         4.   Personnel seconded to the AMM by the Swiss Confederation shall carry out their duties and conduct themselves solely with the interest of the AMM in mind.
   5.   The Swiss Confederation shall inform, in due time, the AMM Head of Mission and the General Secretariat of the Council of the European Union of any change to its contribution to the AMM.
   6.   Personnel seconded to the AMM shall undergo a medical examination, vaccination and be certified medically fit for duty by a competent authority from the Swiss Confederation. Personnel seconded to the AMM shall produce a copy of this certification.
   Article 2
   Status of personnel
   1.   The status of the personnel contributed to the AMM by the Swiss Confederation shall be governed by the Agreement on the status of mission concluded between the European Union and the GoI.
   2.   Without prejudice to the Agreement on the status of mission referred to in paragraph 1, the Swiss Confederation shall exercise jurisdiction over its personnel participating in the AMM.
   3.   The Swiss Confederation shall be responsible for answering any claims linked to the participation in the AMM, from or concerning any of its personnel. The Swiss Confederation shall be responsible for bringing any action, in particular legal or disciplinary, against any of its personnel, in accordance with its laws and regulations.
   4.   The Swiss Confederation undertakes to make a declaration as regards the waiver of claims against any State participating in the AMM, and to do so when signing this Agreement. A model for such a declaration is annexed to this Agreement.
   5.   The European Union shall ensure that its Member States make a declaration as regards the waiver of claims, for the participation of the Swiss Confederation in the AMM, and to do so when signing this Agreement. A model for such a declaration is annexed to this Agreement.
   Article 3
   Classified information
   The Swiss Confederation shall take appropriate measures to ensure that EU classified information is protected in accordance with the European Union Council’s security regulations, contained in Council Decision 2001/264/EC of 19 March 2001 (1), and in accordance with further guidance issued by competent authorities, including the AMM Head of Mission.
   Article 4
   Chain of command
   1.   All personnel participating in the AMM shall remain under the full command of their national authorities.
   2.   National authorities shall transfer operational control to the AMM Head of Mission, who shall exercise that command through a hierarchical structure of command and control.
   3.   The Head of Mission shall lead the AMM and assume its day-to-day management.
   4.   The Swiss Confederation shall have the same rights and obligations in terms of the day-to-day management of the operation as participating European Union Member States taking part in the operation, in accordance with the legal instruments referred to in Article 1(1).
   5.   The AMM Head of Mission shall be responsible for disciplinary control over AMM personnel. Where required, disciplinary action shall be taken by the national authority concerned.
   6.   A National Contingent Point of Contact (NPC) shall be appointed by the Swiss Confederation to represent its national contingent in the AMM. The NPC shall report to the AMM Head of Mission on national matters and shall be responsible for day-to-day contingent discipline.
   7.   The decision to end the AMM shall be taken by the European Union, following consultation with the Swiss Confederation, provided that the Swiss Confederation is still contributing to the AMM at the date of termination of the operation.
   Article 5
   Financial aspects
   1.   The Swiss Confederation shall assume all the costs associated with its participation in the operation apart from the costs which are subject to common funding, as set out in the operational budget of the operation.
   2.   In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, the Swiss Confederation shall, when its liability has been established, pay compensation under the conditions foreseen in the Agreement on status of mission as referred to in Article 2(1) of this Agreement.
   Article 6
   Contribution to operational budget
   1.   The Swiss Confederation will contribute to the financing of the operational budget of the AMM.
   2.   An arrangement on the practical modalities of the payment of the Swiss Confederation’s contribution shall be signed between the AMM Head of Mission and the relevant administrative services of the Swiss Confederation. This arrangement shall include, inter alia, provisions on:

               (a)

               the amount concerned;

               (b)

               the arrangements for payment of the financial contribution;

               (c)

               the auditing procedure.

         Article 7
   Arrangements to implement the Agreement
   Without prejudice to the provisions of Article 6(2) any necessary technical and administrative arrangements in pursuance of the implementation of this Agreement shall be concluded between the Secretary-General of the Council of the European Union/High Representative for the Common Foreign and Security Policy, and the appropriate authorities of the Swiss Confederation.
   Article 8
   Non-compliance
   Should one of the Parties fail to comply with its obligations laid down in the previous articles, the other Party shall have the right to terminate this Agreement by serving a notice of one month.
   Article 9
   Dispute settlement
   Disputes concerning the interpretation or application of this agreement shall be settled by diplomatic means between the parties.
   Article 10
   Entry into force
   1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.
   2.   This Agreement shall be provisionally applied from the date of signature.
   3.   This Agreement shall remain in force for the duration of the Swiss Confederation's contribution to the operation.

      Done at Brussels on , in the English language in two copies.

            For the European Union

            For the Swiss Confederation

      (1)  OJ L 101, 11.4.2001, p. 1.
   DECLARATIONS
   referred to in Article 2(4) and (5) of the Agreement
   Declaration by the EU Member States:
   ‘The EU Member States applying EU Joint Action 2005/643/CFSP of 9 September 2005 on the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) will endeavour, in so far as their internal legal systems so permit, to waive as far as possible claims against the Swiss Confederation for injury, death of their personnel, or damage to, or loss of, any assets owned by themselves and used by the EU crisis management operation if such injury, death, damage or loss:

               —

               was caused by personnel from the Swiss Confederation in the execution of their duties in connection with the EU crisis management operation, except in case of gross negligence or wilful misconduct, or

               —

               arose from the use of any assets owned by the Swiss Confederation, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel from the Swiss Confederation using those assets.’

         Declaration by the Swiss Confederation:
   ‘The Swiss Confederation associating itself with EU Joint Action 2005/643/CFSP of 9 September 2005 on the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) will endeavour, in so far as its internal legal system so permits, to waive as far as possible claims against any other State participating in the EU crisis management operation for injury, death of their personnel, or damage to, or loss of, any assets owned by itself and used by the EU crisis management operation if such injury, death, damage or loss:

               —

               was caused by personnel in the execution of their duties in connection with the EU crisis management operation, except in case of gross negligence or wilful misconduct, or

               —

               arose from the use of any assets owned by States participating in the EU crisis management operation, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel using those assets.’


title: Political and Security Committee Decision Darfur/5/2007 of 16 January 2007 appointing a Military Advisor to the European Union Special Representative for Sudan

text:
               19.1.2007

               EN

               Official Journal of the European Union

               L 13/9

      POLITICAL AND SECURITY COMMITTEE DECISION DARFUR/5/2007
   of 16 January 2007
   appointing a Military Advisor to the European Union Special Representative for Sudan
   (2007/34/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular to Article 25(3) thereof,
   Having regard to Council Joint Action 2005/557/CFSP of 18 July 2005 on the European Union civilian-military supporting action to the African Union mission in the Darfur region of Sudan (1), and in particular Article 4 thereof,
   Whereas:

               (1)

               On 5 July 2006 the Council adopted Joint Action 2006/468/CFSP (2) renewing and revising the mandate of the Special Representative of the European Union for Sudan.

               (2)

               The Special Representative of the European Union (EUSR) for Sudan inter alia ensures the coordination and coherence of the Union's contributions to the African Union mission in the Darfur region of Sudan (AMIS). In accordance with Article 5(2) of Joint Action 2005/557/CFSP, an EU Coordination Cell in Addis Ababa (ACC) under the authority of the EUSR, comprised of a political advisor, a military advisor and a police advisor, manages day-to-day coordination with all relevant EU actors and with the Administrative Control and Management Centre (ACMC) within the chain of command of the African Union in Addis Ababa in order to ensure coherence and timely EU support to AMIS.

               (3)

               Under Article 4 of Joint Action 2005/557/CFSP the Council authorised the Political and Security Committee to appoint the military advisor to the EUSR upon a proposal from the Secretary-General/High Representative (SG/HR) based on a recommendation from the EUSR.

               (4)

               The SG/HR, following the recommendation of the EUSR, has proposed that Colonel François AMELINEAU be appointed as the new Military Advisor to the EUSR.

               (5)

               In accordance with Article 6 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not take part in the elaboration and implementation of decisions and actions of the European Union which have defence implications,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Colonel François AMELINEAU is hereby appointed Military Advisor to the EUSR for Sudan.
   Article 2
   This Decision shall take effect on 25 January 2007.

      Done at Brussels, 16 January 2007.

            For the Political and Security Committee

            The Chairperson

         C. von GOETZE

      (1)  OJ L 188, 20.7.2005, p. 46.

      (2)  OJ L 184, 6.7.2006, p. 38.


title: 2014/15/EU: Council Decision of 18 November 2013 on the signing and conclusion of the Agreement between the European Union and Georgia establishing a framework for the participation of Georgia in European Union crisis management operations

text:
               18.1.2014

               EN

               Official Journal of the European Union

               L 14/1

         COUNCIL DECISION
   of 18 November 2013
   on the signing and conclusion of the Agreement between the European Union and Georgia establishing a framework for the participation of Georgia in European Union crisis management operations
   (2014/15/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 37 thereof, in conjunction with Article 218(5) and (6) of the Treaty on the Functioning of the European Union,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               Conditions regarding the participation of third States in European Union crisis management operations should be laid down in an agreement establishing a framework for such possible future participation, rather than being defined on a case-by-case basis for each operation concerned.

               (2)

               Following the adoption of a Decision by the Council on 13 November 2012 authorising the opening of negotiations, the High Representative of the Union for Foreign Affairs and Security Policy negotiated an agreement between the European Union and Georgia establishing a framework for the participation of Georgia in European Union crisis management operations (‘the Agreement’).

               (3)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and Georgia establishing a framework for the participation of Georgia in the European Union crisis management operations is hereby approved on behalf of the Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Union.
   Article 3
   The President of the Council shall, on behalf of the Union, give the notification provided for in Article 16(1) of the Agreement (1).
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 18 November 2013.

            For the Council

            The President

         C. ASHTON

      (1)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


Avis juridique important

|

31985D0143

85/143/EEC: Commission Decision of 18 February 1985 terminating the anti-dumping proceeding concerning imports of certain boots with fitted ice skates originating in Czechoslovakia, Yugoslavia, Romania and Hungary

Official Journal L 052 , 22/02/1985 P. 0048 - 0051

*****COMMISSION  DECISION  of 18 February 1985  terminating the anti-dumping proceeding concerning imports of certain boots with fitted ice skates originating in Czechoslovakia, Yugoslavia, Romania and Hungary  (85/143/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2176/84 of 23 July 1984 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 9 thereof,  After consultation within the Advisory Committee as provided for by that Regulation,  Whereas:  A. Procedure  (1) In January 1984 the Commission received a request for initiation of an anti-dumping proceeding concerning imports of certain boots with fitted ice skates (figure-skating boots) originating in Czechoslovakia, from the German firm LICO-Sportschuhfabriken, Link & Co. GmbH, which accounts for almost the whole Community production of that product. The complaint contained evidence of dumping and of material injury resulting therefrom which was considered sufficient to justify initiating a proceeding.  (2) The Commission accordingly announced, by a notice published in the Official Journal of the European Communities (2), the initiation of an anti-dumping proceeding concerning imports into the Community of certain boots with fitted ice skates, consisting of boots made of leather with blades attached, falling within subheading ex 97.06 C of the Common Customs Tariff (NIMEXE code 97.06-53), originating in Czechoslovakia, and commenced an investigation.  (3) In June 1984, the Commission received from the same complainant a supplementary complaint requesting an extension of the proceeding to include imports of this product originating in Hungary, Romania and Yugoslavia. The supplementary complaint contained evidence of dumping and of material injury resulting therefrom which was considered sufficient to justify extension of the proceeding.  (4) The Commission accordingly announced, by a notice published in the Official Journal of the European Communities (3), the extension of the proceeding to imports of the goods concerned originating in Yugoslavia, Romania and Hungary.  (5) The Commission officially advised the exporters and importers known to be concerned, the representatives of the exporting countries and the complainant of the initiation and extension of the proceeding, and gave the parties directly concerned the opportunity to make known their views in writing and to request a hearing.  All exporters and some importers made known their views in writing. All exporters and representatives of the exporting countries were heard by the Commission upon request.  (6) The Commission gathered and examined all the information it considered necessary and carried out on-the-spot verifications at the premises of the following undertakings:  (a) Community manufacturer:  LICO-Sportschuhfabriken, Link & Co. GmbH,  Lichtenfels-Schney, Federal Republic of Germany;  (b) Importers:  - Hanns Balzer,  Lauterbach, Federal Republic of Germany,  - Chemotrade GmbH,  Augsburg, Federal Republic of Germany,  - Tiger Sport, Becker KG,  Augsburg, Federal Republic of Germany,  - Wintersport Leerdam BV,  Leerdam, Netherlands;  (c) Exporter:  VIKO OOUR Inkotrade,  Vara ° zdin, Yugoslavia.  The dumping investigation covered the period 1 February 1983 to 31 January 1984 in respect of imports from Czechoslovakia and the period 1 August 1983 to 31 July 1984 in the case of the other imports.  B. Normal value  (7) The normal value of the Yugoslav exports was ascertained from the domestic price of the Yugoslav manufacturer exporting the goods to the Community.  (8) In order to determine whether the imports from Romania, Czechoslovakia and Hungary were being dumped, the Commission had to take into account the fact that these are non-market economy countries; it therefore had to base its calculations on the normal value in a country with a market economy. The complainant suggested Yugoslavia for this purpose. The exporters and importers raised no objections to this.  (9) The Commission investigated this proposal and found that there were no especial differences as regards the volume and conditions of production in Yugoslavia as against the other exporting countries. It therefore concluded that the normal value could reasonably be determined on the basis of the selling prices on the Yugoslav market.  C. Export prices  (10) Export prices were determined on the basis of the prices actually paid or payable for the products sold for export to the Community.  D. Comparison  (11) In comparing the normal value with the export prices, the Commission took due account of all differences affecting the comparability of prices. Specific allowance was made for the fact that, in the case of some of the imports from Yugoslavia, Romania and Czechoslovakia, blades, rivets and hooks and eyes for manufacturing the goods were made available to the exporters free of charge by the importers.  In addition, all the comparisons made allowance for differences in conditions of sale, and if necessary a correction was made so that export prices could be compared with the normal value at the same level of trade.  For Yugoslavia these comparisons were made for the ex-works price and in the other cases for the price free-at-frontier of the exporting country, for each individual transaction.  E. Dumping margins  (12) The preliminary determination of the facts showed that there was dumping of imports of figure-skating boots originating in Yugoslavia, Romania, Czechoslovakia and Hungary, and that the dumping margin was equal to the amount by which the normal value established exceeded the price on export to the Community.  These margins differed from one transaction and exporter to another; for the individual exporters investigated the weighted average margins were as follows:  Yugoslavia 22,7 %  Romania 17,6 %  Czechoslovakia 60,0 %  Hungary 8,6 %.  F. Injury  (13) As regards injury caused by the dumped imports, the Commission's investigation showed that imports of figure-skating boots originating in Czechoslovakia, Yugoslavia, Romania and Hungary fell from 648 000 pairs in 1980 to 252 000 in 1983 and 48 000 in the first half of 1984. Imports from these countries into the Federal Republic of Germany, the Member State most affected, fell from 348 000 pairs in 1980 to 151 000 in 1983 and 14 000 in the first half of 1984.  Czechoslovakia's exports to the Community were 139 000 pairs in 1980, 140 000 in 1983 and 35 000 in the first half of 1984. Imports from the other three countries concerned fell sharply from 1980 to 1983, in the case of Yugoslavia, from 171 000 pairs to 54 000, in that of Romania from 286 000 to 44 000, and that of Hungary from 53 000 to 14 000. These three countries' exports of these goods to the Community in the first half of 1984 amounted to 13 000 pairs.  (14) Sales of the goods concerned in the Community fell from about 1,7 million pairs in 1980 to some 500 000 in 1983, so that the market share accounted for by imports from Czechoslovakia, Yugoslavia, Romania and Hungary rose from 38,1 % in 1980 to 50 % in 1983, despite the absolute fall in quantities.  This rise is due to the increasing market share taken by imports from Czechoslovakia, which rose from 8,2 to 27,8 % in 1983. In the same period the market shares of Romania and Hungary fell respectively from 16,9 to 8,7 % and from 3,1 to 2,8 %. Imports from Yugoslavia rose from 10,1 % of total Community consumption in 1980 to 10,7 % in 1983. These imports, however, went entirely to the German market, where their market share fell from 23,8 % in 1980 to 19 % in 1983.  (15) In determining whether the dumped imports have caused any injury to a Community industry, the Commission also had to take into account the fact that the complainant, who accounted for over 90 % of Community production of figure-skating boots, had himself imported the goods concerned from Czechoslovakia. It follows from Article 4 (5) of Regulation (EEC) No 2176/84 that a Community producer who himself imports the dumped goods is thereby not automatically excluded from the injury investigation.  In the case in point, however, the Commission had to take into account the following circumstances: the complainant was able to raise the market share of his own production (i.e excluding imported goods) from 7,8 % in 1981 to 18,2 % in 1982. Nonetheless, in the period 1980 to 1983, he regularly imported considerable quantities of the goods in question from Czechoslovakia. The largest consignments were imported in 1983, i.e. the larger part of the investigation period, and reached an index of 208 (1980=100). From 1982 to 1983, the complainant increased his imports by 85 %, even though the market share of his own production in the Community had more than doubled in the previous year, as described above. During the investigation period, the complainant was thus the largest importer of figure-skating boots from Czechoslovakia to Germany. He was also one of the German importers buying at the lowest prices. It therefore would be inappropriate, in this case, to conclude that the complainant, in continually increasing his imports of the dumped products, was merely protecting his market position against dumping practices on the part of Czechoslovakia. In view of this, the Commission considers that the determination of injury by Czech imports to a Community industry should be limited to the rest of Community producers.  (16) In the course of the investigation, other Community producers did not supply the Commission with any information. The Commission therefore concludes that imports of figure-skating boots originating in Czechoslovakia have not caused any injury to a Community industry.  (17) As regards injury caused to the Community industry as a whole by dumped imports of figure-skating boots from Yugoslavia, Romania and Hungary, the Commission established that imports from these three countries together fell from 509 000 pairs in 1980 to 112 000 pairs in 1983. During the investigation period 28 682 pairs were imported into the Community from Yugoslavia, 14 600 pairs from Romania and 13 281 pairs from Hungary. The market share of imports from these three countries in the Community fell from 29,9 % in 1980 to 22,3 % in 1983.  (18) The Commission's enquiries also demonstrated that the figure-skating boots imported from these three countries were sold in the Community at prices equal to or higher than those at which the complainant was offering his dumped goods of Czech origin. Consequently, it could not be established that there had been price-undercutting of a like product in the Community, in the case of the imports from Yugoslavia, Romania and Hungary.  (19) As regards the effect of the dumped imports on the Community industry, the Commission ascertained that Community production of boots with fitted ice skates fell by 45 % between 1980 and 1983. Taking into account the imported quantities, sales nonetheless fell by only 5 %. As consumption decreased sharply from 1980, as described above, the complainant, who is by far the largest Community producer, was able to increase his market share in the Community by 12,8 % from 1980 to 1983. On the German market he achieved an increase from 12,6 % in 1980 to 38 % in 1983.  (20) In view of this situation, the Commission concludes that the dumped imports originating in Yugoslavia, Romania and Hungary caused no material injury to a Community industry.  G. Termination of the proceeding  (21) In these circumstances the anti-dumping proceeding concerning imports of certain boots with fitted ice skates, originating in Czechoslovakia, Yugoslavia, Romania and Hungary, should be terminated.  (22) No objection to this course of action was raised in the Advisory Committee,  HAS DECIDED AS FOLLOWS:  Sole Article  The anti-dumping proceeding concerning imports of certain boots with fitted ice skates, originating in Czechoslovakia, Yugoslavia, Romania and Hungary, is hereby terminated.  Done at Brussels, 18 February 1985.  For the Commission  Willy DE CLERCQ  Member of the Commission  (1) OJ No L 201, 30. 7. 1984, p. 1.  (2) OJ No C 55, 28. 2. 1984, p. 3.  (3) OJ No C 204, 3. 8. 1984, p. 4.


title: 2014/421/EU: Council Decision of 23 June 2014 on the position to be adopted by the European Union within the Joint Committee established by the Agreement between the European Economic Community and the Kingdom of Norway of 14 May 1973 , as regards the replacement of Protocol 3 to that Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, by a new Protocol which, as regards the rules of origin, refers to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin

text:
               3.7.2014

               EN

               Official Journal of the European Union

               L 196/15

         COUNCIL DECISION
   of 23 June 2014
   on the position to be adopted by the European Union within the Joint Committee established by the Agreement between the European Economic Community and the Kingdom of Norway of 14 May 1973, as regards the replacement of Protocol 3 to that Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, by a new Protocol which, as regards the rules of origin, refers to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin

      (2014/421/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4) in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Protocol No 3 to the Agreement between the European Economic Community and the Kingdom of Norway (1) (‘the Agreement’), concerns the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol 3’).

               (2)

               The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (2) (‘the Convention’), lays down provisions on the origin of goods traded under relevant Agreements concluded between the Contracting Parties.

               (3)

               The Union and Norway signed the Convention on 15 June 2011.

               (4)

               The Union and Norway deposited their instruments of acceptance with the depositary of the Convention on 26 March 2012 and 9 November 2011, respectively. As a consequence, in application of its Article 10(3), the Convention entered into force in relation to the Union and Norway on 1 May 2012 and 1 January 2012, respectively.

               (5)

               Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the Joint Committee established by the Agreement should adopt a decision replacing Protocol 3 by a new Protocol which, with regard to the rules of origin, refers to the Convention.

               (6)

               The position of the Union within the Joint Committee should therefore be based on the attached draft decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted on behalf of the European Union within the Joint Committee established by the Agreement between the European Economic Community and the Kingdom of Norway, as regards the replacement of Protocol 3 to that Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, by a new Protocol which, as regards the rules of origin, refers to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin, shall be based on the draft decision of the Joint Committee attached to this Decision.
   Minor changes to the draft decision may be agreed to by the representatives of the Union in the Joint Committee without further decision of the Council.
   Article 2
   The decision of the Joint Committee shall be published in the Official Journal of the European Union.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 23 June 2014.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 171, 27.6.1973, p. 2.

      (2)  OJ L 54, 26.2.2013, p. 4.

      DRAFT
      DECISION OF THE EU-NORWAY JOINT COMMITTEE No
      of
      amending Protocol 3 to the Agreement between the European Economic Community and the Kingdom of Norway concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation
      THE JOINT COMMITTEE,
      Having regard to the Agreement between the European Economic Community and the Kingdom of Norway, signed in Brussels on 14 May 1973 (1) (‘the Agreement’), and in particular its Article 11,
      Having regard to Protocol 3 to the Agreement concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (2) (‘Protocol 3’),
      Whereas:

                  (1)

                  Article 11 of the Agreement refers to Protocol 3 which lays down the rules of origin and provides for cumulation of origin between the EU, Norway, Switzerland (including Liechtenstein), Iceland, Turkey, the Faroe Islands and the participants in the Barcelona Process (3).

                  (2)

                  Article 39 of Protocol 3 provides that the Joint Committee provided for in Article 29 of the Agreement may decide to amend the provisions of this protocol.

                  (3)

                  The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (4) (‘the Convention’), aims to replace the protocols on rules of origin currently in force among the countries of the pan-Euro-Mediterranean area with a single legal act.

                  (4)

                  The EU and Norway signed the Convention on 15 June 2011.

                  (5)

                  The EU and Norway deposited their instruments of acceptance with the depositary of the Convention on 26 March 2012 and 9 November 2011, respectively. Consequently, in application of its Article 10(3), the Convention entered into force in relation to the EU and Norway on 1 May 2012 and 1 January 2012, respectively.

                  (6)

                  The Convention has included the participants in the Stabilisation and Association Process in the pan-Euro-Mediterranean zone of cumulation of origin.

                  (7)

                  Where the transition towards the Convention is not simultaneous for all Contracting Parties within the cumulation zone, it should not lead to any less favourable situation than previously under the Protocol.

                  (8)

                  Protocol 3 to the Agreement should therefore be amended so as to make reference to the Convention,

            HAS ADOPTED THIS DECISION:
      Article 1
      Protocol 3 to the Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation shall be replaced by the text set out in the Annex to this Decision.
      Article 2
      This Decision shall enter into force on the date of its adoption.
      It shall apply from 1 September 2014.

         Done at

               For the Joint Committee

               The President

            …

         (1)  OJ L 171, 27.6.1973, p. 2.

         (2)  OJ L 117, 2.5.2006, p. 2.

         (3)  Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, Palestine, Syria and Tunisia.

         (4)  OJ L 54, 26.2.2013, p. 4.

      ANNEX

         Protocol 3

         concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

      Article 1
      Applicable rules of origin
      For the purpose of implementing this Agreement, Appendix I and the relevant provisions of Appendix II to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (1) (‘the Convention’) shall apply.
      All references to the ‘relevant agreement’ in Appendix I and in the relevant provisions of Appendix II to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin shall be construed so as to mean this Agreement.
      Article 2
      Dispute settlement
      Where disputes arise in relation to the verification procedures of Article 32 of Appendix I to the Convention that cannot be settled between the customs authorities requesting the verification and the customs authorities responsible for carrying out this verification, they shall be submitted to the Joint Committee.
      In all cases the settlement of disputes between the importer and the customs authorities of the importing country shall take place under the legislation of that country.
      Article 3
      Amendments to the Protocol
      The Joint Committee may decide to amend the provisions of this Protocol.
      Article 4
      Withdrawal from the Convention
      1.   Should either the EU or Norway give notice in writing to the depositary of the Convention of their intention to withdraw from the Convention according to its Article 9, the EU and Norway shall immediately enter into negotiations on rules of origin for the purpose of implementing this Agreement.
      2.   Until the entry into force of such newly negotiated rules of origin, the rules of origin contained in Appendix I and, where appropriate, the relevant provisions of Appendix II to the Convention, applicable at the moment of withdrawal, shall continue to apply to this Agreement. However, as of the moment of withdrawal, the rules of origin contained in Appendix I and, where appropriate, the relevant provisions of Appendix II to the Convention shall be construed so as to allow bilateral cumulation between the EU and Norway only.
      Article 5
      Transitional provisions — cumulation
      1.   Notwithstanding Article 3 of Appendix I to the Convention, the rules on cumulation provided for in Articles 3 and 4 of Protocol 3 to the Agreement, as amended by Decision No 1/2005 of the EU-Norway Joint Committee of 20 December 2005 (2), shall continue to apply between the EU and Norway until the Convention has entered into application in relation to all Contracting Parties listed in Articles 3 and 4 of Protocol 3 to the Agreement.
      2.   Notwithstanding Articles 16(5) and 21(3) of Appendix I of the Convention, where cumulation involves only EFTA States, the Faroe Islands, the EU, Turkey and the participants in the Stabilisation and Association Process, the proof of origin may be a movement certificate EUR.1 or an origin declaration.

         (1)  OJ L 54, 26.2.2013, p. 4.

         (2)  OJ L 117, 2.5.2006, p. 2.


Avis juridique important

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41988D0652

88/652/ECSC: Decision of the Representatives of the Governments of the Member States meeting within the Council, and of the Commission of 21 December 1988 extending the arrangements applicable to trade with Yugoslavia in products covered by the ECSC Treaty

Official Journal L 367 , 31/12/1988 P. 0078 - 0078

DECISION  OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES MEETING WITHIN THE COUNCIL, AND OF THE COMMISSION  of 21 December 1988  extending the arrangements applicable to trade with Yugoslavia in products covered by the ECSC Treaty   (88/652/ECSC)  (88/652/ECSC) THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL, AND THE COMMISSION,  Having regard to the Treaty establishing the European Coal and Steel Community,  Whereas the first stage of the trade arrangements laid down by the Agreement between the Member States of the European Coal and Steel Community and the European Coal and Steel Community, of the one part, and the Socialist Federal Republic of Yugoslavia,  of the other part (1), signed in Belgrade on 2 April 1980, came to an end on 31 March 1988;  Whereas, pending the conclusion and entry into force of the Protocol determining arrangements for trade with Yugoslavia in products covered by the ECSC Treaty beyond that date, the arrangements which the Community currently applies under the Agreement  should be extended,  HAVE DECIDED AS FOLLOWS:    Article 1   The trade arrangements established by Article 3 of the Agreement between the Member States of the European Coal and Steel Community and the European Coal and Steel Community, of the one part, and the Socialist Federal Republic of Yugoslavia,  of the other part, signed in Belgrade on 2 April 1980 shall remain applicable until the entry into force of the Protocol establishing future trade arrangements in accordance with Article 12 of the Agreement.  Article 2   This Decision shall enter into force on 1 January 1989.   Member States and the Commission shall take the measures necessary to implement this Decision.  Done at Brussels, 21 December 1988.   On behalf of the Governments  of the Member States  The President  V. PAPANDREOU    For the Commission  Jacques DELORS    (1) OJ No L 41, 14. 2. 1983, p. 113.