title: Decision (EU) 2016/1555 of the European Parliament of 28 April 2016 on discharge in respect of the implementation of the budget of the European Agency for the Οperational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice for the financial year 2014

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/331

         DECISION (EU) 2016/1555 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on discharge in respect of the implementation of the budget of the European Agency for the Οperational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Agency for the Οperational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice for the financial year 2014,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Agency for the Οperational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice for the financial year 2014, together with the Agency’s reply (1),

               —

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

               —

               having regard to the Council’s recommendation of 12 February 2016 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2014 (05584/2016 – C8-0093/2016),

               —

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

               —

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

               —

               having regard to Regulation (EU) No 1077/2011 of the European Parliament and of the Council of 25 October 2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (4), in particular Article 33 thereof,

               —

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

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A8-0124/2016),

               1.

               Grants the Executive Director of the European Agency for the Οperational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice discharge in respect of the implementation of the Agency’s budget for the financial year 2014;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Executive Director of the European Agency for the Οperational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 409, 9.12.2015, p. 275.

      (2)  See footnote 1.

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

      (4)  OJ L 286, 1.11.2011, p. 1.

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

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


Avis juridique important

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31995D0011

95/11/CFSP: Council Decision of 23 January 1995 concerning the common position, defined on the basis of Article J.2 of the Treaty on European Union, and regarding the extension of the suspension of certain restrictions on trade with the Federal Republic of Yugoslavia (Serbia and Montenegro)

Official Journal L 020 , 27/01/1995 P. 0002 - 0002

COUNCIL DECISION of 23 January 1995 concerning the common position, defined on the basis of Article J.2 of the Treaty on European Union, and regarding the extension of the suspension of certain restrictions on trade with the Federal Republic of  Yugoslavia (Serbia and Montenegro) (95/11/CFSP)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty on European Union, and in particular Article J.2 thereof,  Having regard to Resolutions 943 (1994) and 970 (1995) adopted on 23 September 1994 and 12 January 1995 respectively by the United Nations Security Council,  HAS DECIDED AS FOLLOWS:   Article 1  In accordance with Resolutions 943 (1994) and 970 (1995) adopted on 23 September 1994 and 12 January 1995 respectively by the United Nations Security Council, the suspension of certain restrictions on trade with the Federal Republic of Yugoslavia  (Serbia and Montenegro) will be extended.   Article 2  This Decision shall be published in the Official Journal.  Done at Brussels, 23 January 1995.  For the Council The President A. JUPPÉ


Avis juridique important

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32003D0766

2003/766/EC: Commission Decision of 24 October 2003 on emergency measures to prevent the spread within the Community of Diabrotica virgifera Le Conte (notified under document number C(2003) 3880)

Official Journal L 275 , 25/10/2003 P. 0049 - 0050

Commission Decisionof 24 October 2003on emergency measures to prevent the spread within the Community of Diabrotica virgifera Le Conte(notified under document number C(2003) 3880)(2003/766/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(1), as last amended by Commission Directive 2003/47/EC(2), and in particular Article 16(3), third sentence thereof,Whereas:(1) France and Austria informed the other Member States and the Commission in 2002 of outbreaks of Diabrotica virgifera Le Conte (hereinafter referred to as "the organism") for the first time in their respective territories and of the measures taken to control them.(2) In 2002, monitoring was conducted in areas in Italy already infested by the organism, in particular in areas of maize monoculture and at potential introduction places of the organism such as airports and customs stations. It appears that eradication measures taken in the Veneto region proved to be effective to contain the organism and population levels of the organism have decreased; in Lombardia and Piemonte many adults of the organism were captured in different provinces, whilst an outbreak was detected for the first time in the Friuli-Venezia Giulia region.(3) A recent Community research study on the establishment potential of the organism within the Community has demonstrated that the main factors of establishment, like trophic and climate conditions, are present in the Community.(4) Moreover, from that study, it became apparent that the organism and its damaging effects could be of significant plant health concern to the Community maize production, because of the potential of economic loss, the potential for increased reliance on insecticides and the challenge to find an alternative crop to maize in the rotation circle.(5) Directive 2000/29/EC prohibits the introduction into and the spread within the Community of the organism only. However no Community measures are available when new outbreaks are recorded by Member States in free areas or when the organism is detected in an early stage of development of the population. Consequently such measures should be defined, with the aim of eradication of the organism within a reasonable period of time.(6) Those measures should include general surveying for the presence of the organism in the Member States.(7) The measures should apply to control the spread within the Community of the organism, the delimitation of demarcated zones, the movement of host plants, soil and machinery, as well as to crop rotation in demarcated zones.(8) It is appropriate that the results of such measures be continuously assessed, and possible subsequent measures be considered in the light of the results of that assessment.(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,HAS ADOPTED THIS DECISION:Article 1Member States shall ensure that the suspected occurrence or confirmed presence of Diabrotica virgifera le Conte, hereinafter referred as "the organism" is reported to their own responsible official bodies within the meaning of Directive 2000/29/EC.Article 21. Member States shall each year conduct official surveys for the presence of the organism in areas in their territory, where maize is grown.2. Without prejudice to Article 16(1) of Directive 2000/29/EC, the results of the surveys provided for in paragraph 1 shall be notified to the Commission and to the other Member States by 31 December of each year.Article 31. When the results of the surveys referred to in Article 2, confirm the presence of the organism in an area which was previously known to be free from the organism, Member States shall define demarcated zones which consist of the following parts:(a) a focus zone around a field where the organism has been captured, of at least 1 km radius, and(b) a safety zone around the focus zone of at least 5 km radius.In addition Member States may also define a buffer zone around the focus and safety zone.2. The exact delimitation of the area of the zones referred to in paragraph 1 shall be based on sound scientific principles, the biology of the organism, the level of infestation, and the particular production system of the host plant of the organism in the Member State concerned.3. If the presence of the organism is confirmed in another point than the original point of capture of the organism situated in the focus zone, the delimitation of the demarcated zones shall be changed accordingly.4. If no captures of the organism are detected two years after the last year of capture, the demarcated zones shall cease to exist and no further eradication measures referred to in Article 4 shall be necessary.5. The Member States shall inform the other Member States and the Commission of the areas of the zones referred to in paragraph 1 by providing suitable scale maps.Article 41. In each of the parts of the demarcated zones, Member States shall monitor the presence of the organism using appropriate sex pheromone traps which have to be arranged like a grid and checked regularly. The type and number of traps to be used as well as the method of trapping shall take into account the local circumstances, and the characteristics of the demarcated zones.2. In addition to the provisions of paragraph 1, Member States shall ensure that in the focus zone:(a) there is no movement of fresh plants of Zea mais L., or fresh parts thereof out of this zone between dates in the year of occurrence of the harmful organism, set on the basis of the biology of the organism, the level of captures of the organism, and the climatic conditions prevailing in the relevant Member State, to ensure that there is no spread of the organism;(b) there is no movement of soil of maize fields from inside the focus zone to outside the focus zone;(c) maize is not harvested between dates in the year of occurrence of the organism, set on the basis of the biology of the organism, the level of captures of the organism, and the climatic conditions prevailing in the relevant Member State, to ensure that there is no spread of the organism;(d) in the maize fields a crop rotation takes place whereby during any period of three consecutive years maize is only grown once, or maize is not cultivated for two years after the last year of capture in the entire focus zone;(e) an appropriate treatment on maize fields until the end of the oviposition period is carried out against the organism in the year of its occurrence and the year thereafter;(f) agricultural machinery used on maize fields is cleaned of all soil and debris before leaving the zone;(g) volunteer maize plants are removed in non-maize fields.3. In addition to the provisions of paragraph 1, Member States shall ensure that in the safety zone at least:(a) a crop rotation takes place whereby during any period of two consecutive years maize is only grown once; or(b) an appropriate treatment on maize fields is carried out against the organism in the year of its occurrence and the year thereafter.4. In addition to the provisions of paragraph 1, Member States may lay down that in the buffer zone a crop rotation takes place whereby, during any period of two consecutive years, maize is only grown once.Article 5Member States shall provide the Commission and the other Member States by 31 December of each year with the information on:- the areas of the zones referred to in Article 3(5),- the dates set and the justification thereof referred to in Article 4(2)(a) and (c),- the treatment carried out referred to in Article 4(2)(e) and Article 4(3)(b).Article 6Member States shall adapt by 1 December 2003 at the latest, the measures they have adopted with a view to prevent the spread of the organism in such a manner that the measures comply with this Decision and shall forthwith inform the Commission of the adapted measures.Article 7The Commission shall review the operation of this Decision by 28 February 2005, and by 28 February of each subsequent year.Article 8This Decision is addressed to the Member States.Done at Brussels, 24 October 2003.For the CommissionDavid ByrneMember of the Commission(1) OJ L 169, 10.7.2000, p. 1.(2) OJ L 138, 5.6.2003, p. 47.


title: Council Decision 2012/503/CFSP of 13 September 2012 amending Decision 2010/452/CFSP on the European Union Monitoring Mission in Georgia, EUMM Georgia

text:
               14.9.2012

               EN

               Official Journal of the European Union

               L 249/13

         COUNCIL DECISION 2012/503/CFSP
   of 13 September 2012
   amending Decision 2010/452/CFSP on the European Union Monitoring Mission in Georgia, EUMM Georgia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 28, 42(4) and 43(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 12 August 2010, the Council adopted Decision 2010/452/CFSP (1) which continued the European Union Monitoring Mission in Georgia (‘EUMM Georgia’ or ‘the Mission’) established on 15 September 2008. That Decision expires on 14 September 2012.

               (2)

               On 15 May 2012, the Political and Security Committee (PSC) endorsed recommendations on the review at strategic level of the future of EUMM Georgia.

               (3)

               EUMM Georgia should be extended for a further period of 12 months on the basis of its current mandate.

               (4)

               The Mission will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty.

               (5)

               Decision 2010/452/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2010/452/CFSP is hereby amended as follows:

               (1)

               Article 7(3) is replaced by the following:
               ‘3.   All staff shall abide by the Mission-specific minimum security operating standards and the Mission security plan supporting the Union’s field security policy. As regards the protection of EU classified information with which staff are entrusted in the course of their duties, all staff shall respect the security principles and minimum standards established by Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information (2).

               (2)

               Article 12 is replaced by the following:
               ‘Article 12
               Security
               1.   The Civilian Operation Commander shall direct the Head of Mission’s planning of security measures and ensure their proper and effective implementation for EUMM Georgia in accordance with Articles 5 and 9.
               2.   The Head of Mission shall be responsible for the security of the Mission and for ensuring compliance with minimum security requirements applicable to the Mission, in line with the policy of the Union on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, and its supporting instruments.
               3.   The Head of Mission shall be assisted by a Senior Mission Security Officer (SMSO), who shall report to the Head of Mission and also maintain a close functional relationship with the European External Action Service (EEAS).
               4.   EUMM Georgia staff shall undergo mandatory security training before taking up their duties, in accordance with the OPLAN. They shall also receive regular in-theatre refresher training organised by the SMSO.
               5.   The Head of Mission shall ensure the protection of EU classified information in accordance with Decision 2011/292/EU.’;

               (3)

               in Article 14(1), the following subparagraph is added:
               ‘The financial reference amount intended to cover the expenditure related to the Mission between 15 September 2012 and 14 September 2013 shall be EUR 20 900 000.’;

               (4)

               Article 16 is replaced by the following:
               ‘Article 16
               Release of classified information
               1.   The HR shall be authorised to release to the third States associated with this Decision, as appropriate and in accordance with the needs of the Mission, EU classified information and documents up to ‘CONFIDENTIEL UE/EU CONFIDENTIAL’ level generated for the purposes of the Mission, in accordance with Decision 2011/292/EU.
               2.   The HR shall also be authorised to release to the UN and the OSCE, in accordance with the operational needs of the Mission, EU classified information and documents up to ‘RESTREINT UE/EU RESTRICTED’ level which are generated for the purposes of the Mission, in accordance with Decision 2011/292/EU. Arrangements between the HR and the competent authorities of the UN and the OSCE shall be drawn up for this purpose.
               3.   In the event of a specific and immediate operational need, the HR shall also be authorised to release to the host State any EU classified information and documents up to ‘RESTREINT UE/EU RESTRICTED’ level which are generated for the purposes of the Mission, in accordance with Decision 2011/292/EU. Arrangements between the HR and the competent authorities of the host State shall be drawn up for this purpose.
               4.   The HR shall be authorised to release to the third States associated with this Decision any EU non-classified documents connected with the deliberations of the Council relating to the Mission and covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council’s Rules of Procedure (3).
               5.   The HR may delegate the powers referred to in paragraphs 1 to 4, as well as the ability to conclude the arrangements referred to in paragraphs 2 and 3, to persons placed under his/her authority, to the Civilian Operations Commander and/or to the Head of Mission.

               (5)

               Article 17 is replaced by the following:
               ‘Article 17
               Review of the Mission
               A Mission review shall be presented to the PSC every six months, on the basis of a report by the Head of Mission and the EEAS.’;

               (6)

               in Article 18, the second paragraph is replaced by the following:
               ‘It shall expire on 14 September 2013.’.

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

      Done at Brussels, 13 September 2012.

            For the Council

            The President

         A. D. MAVROYIANNIS

      (1)  OJ L 213, 13.8.2010, p. 43.

      (2)  OJ L 141, 27.5.2011, p. 17.’;

      (3)  Council Decision 2009/937/EU of 1 December 2009 adopting the Council’s Rules of Procedure (OJ L 325, 11.12.2009, p. 35).’;


title: Council Decision (EU) 2017/1192 of 26 June 2017 on the position to be taken on behalf of the European Union within the European Committee for drawing up standards in the field of inland navigation (CESNI) and at the plenary session of the Central Commission for the Navigation of the Rhine (CCNR) on the adoption of standards concerning technical requirements for inland waterways vessels

text:
               5.7.2017

               EN

               Official Journal of the European Union

               L 172/10

         COUNCIL DECISION (EU) 2017/1192
   of 26 June 2017
   on the position to be taken on behalf of the European Union within the European Committee for drawing up standards in the field of inland navigation (CESNI) and at the plenary session of the Central Commission for the Navigation of the Rhine (CCNR) on the adoption of standards concerning technical requirements for inland waterways vessels
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91(1) in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Action by the Union in the sector of inland navigation should aim to ensure uniformity in the development of technical requirements for inland waterway vessels to be applied in the Union.

               (2)

               The European Committee for drawing up standards in the field of inland navigation (CESNI) was established on 3 June 2015 in the framework of the Central Commission for the Navigation of the Rhine (CCNR) in order to develop technical standards for inland waterways in various fields, in particular as regards vessels, information technology and crew.

               (3)

               For efficient transport on the inland waterways, it is important that the technical requirements for vessels are compatible and as harmonised as possible under different legal regimes in Europe. In particular, Member States which are also members of the CCNR should be authorised to support decisions harmonising the CCNR rules with those applied in the Union.

               (4)

               CESNI is expected to adopt the European Standard laying down Technical Requirements for Inland Navigations vessels (‘ES-TRIN standard’) 2017/1 at its meeting on 6 July 2017.

               (5)

               ES-TRIN standard 2017/1 lays down the uniform technical requirements necessary to ensure the safety of inland waterway vessels. It includes provisions regarding shipbuilding, fitting out and equipment for inland waterway vessels, special provisions regarding specific categories of vessels such as passenger vessels, pushed convoys and container vessels, provisions regarding the automatic identification system equipment, provisions regarding vessel identification, a model of certificates and register, transitional provisions as well as instructions for the application of the technical standard.

               (6)

               Directive (EU) 2016/1629 of the European Parliament and of the Council (1) will repeal Directive 2006/87/EC of the European Parliament and of the Council (2) with effect from 7 October 2018. Annex II to Directive (EU) 2016/1629 directly refers to technical requirements for craft as being those set out in ES-TRIN standard 2015/1. The Commission is empowered to update that reference to the most recent version of the ES-TRIN standard and to set the date of its application.

               (7)

               Therefore, ES-TRIN standard 2017/1 will affect Directive (EU) 2016/1629.

               (8)

               The Union is neither a member of the CCNR nor of CESNI. It is therefore necessary for the Council to authorise the Member States to express within those bodies the position of the Union as regards the adoption of ES-TRIN standard 2017/1,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The position to be taken on behalf of the Union within the European Committee for drawing up standards in the field of inland navigation on 6 July 2017 shall be to agree to the adoption of the European Standard laying down Technical Requirements for Inland Navigation vessels (‘ES-TRIN standard’) 2017/1 and the complementary Test Standard Inland AIS 2017/1.
   2.   The position to be taken on behalf of the Union at the meeting of the plenary session of the Central Commission for the Navigation of the Rhine (CCNR), where technical requirements for inland waterway vessels are decided upon, shall be to support all proposals aligning the technical requirements with those of ES-TRIN standard 2017/1, including as regards entry into force and transitional provisions.
   Article 2
   1.   The position of the Union as set out in Article 1(1) shall be expressed by the Member States, acting jointly in the interests of the Union.
   2.   The position of the Union as set out in Article 1(2) shall be expressed by those Member States which are members of the CCNR, acting jointly in the interests of the Union.
   Article 3
   Minor technical changes to the positions set out in Article 1 may be agreed upon without further decision of the Council.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 26 June 2017.

            For the Council

            The President

         J. MIZZI

      (1)  Directive (EU) 2016/1629 of the European Parliament and of the Council of 14 September 2016 laying down technical requirements for inland waterway vessels, amending Directive 2009/100/EC and repealing Directive 2006/87/EC (OJ L 252, 16.9.2016, p. 118).

      (2)  Directive 2006/87/EC of the European Parliament and of the Council of 12 December 2006 laying down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC (OJ L 389, 30.12.2006, p. 1).


title: 2013/441/EU: Commission Implementing Decision of 20 August 2013 determining the date from which the Visa Information System (VIS) is to start operations in an eighth region

text:
               21.8.2013

               EN

               Official Journal of the European Union

               L 223/15

         COMMISSION IMPLEMENTING DECISION
   of 20 August 2013
   determining the date from which the Visa Information System (VIS) is to start operations in an eighth region
   (2013/441/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the functionning of the European Union,
   Having regard to Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (1), and in particular Article 48(3) thereof,
   Whereas:

               (1)

               According to Commission Implementing Decision 2012/274/EU of 24 April 2012 determining the second set of regions for the start of operations of the Visa Information System (VIS) (2), the eighth region where the collection and transmission of data to the VIS for all applications should start comprises Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Paraguay, Peru, Uruguay and Venezuela.

               (2)

               The Member States have notified the Commission that they have made the necessary technical and legal arrangements to collect and transmit the data referred to in Article 5(1) of the VIS Regulation to the VIS for all applications in this region, including arrangements for the collection and/or transmission of the data on behalf of another Member State.

               (3)

               The condition laid down by the first sentence of Article 48(3) of the VIS Regulation thus being fulfilled, it is therefore necessary to determine the date from which the VIS is to start operations in an eighth region.

               (4)

               In view of the need to set the date for the start of the VIS in the very near future, this Decision should enter into force on the day of its publication in the Official Journal of the European Union.

               (5)

               Given that the VIS Regulation builds upon the Schengen acquis, Denmark notified the implementation of the VIS Regulation in its national law in accordance with Article 5 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community. Denmark is therefore bound under international law to implement this Decision.

               (6)

               This Decision constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis
                   (3). The United Kingdom is therefore not bound by it or subject to its application.

               (7)

               This Decision constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis
                   (4). Ireland is therefore not bound by it or subject to its application.

               (8)

               As regards Iceland and Norway, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen acquis
                   (5), which fall within the area referred to in Article 1, point B of Council Decision 1999/437/EC (6) on certain arrangements for the application of that Agreement.

               (9)

               As regards Switzerland, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis
                   (7), which fall within the area referred to in Article 1, point B of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC (8).

               (10)

               As regards Liechtenstein, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis
                   (9), which fall within the area referred to in Article 1, point B of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU (10).

               (11)

               As regards Cyprus, this Decision constitutes an act building upon, or otherwise related to, the Schengen acquis within the meaning of Article 3(2) of the 2003 Act of Accession.

               (12)

               As regards Bulgaria and Romania, this Decision constitutes an act building upon, or otherwise related to, the Schengen acquis within the meaning of Article 4(2) of the 2005 Act of Accession.

               (13)

               As regards Croatia, this Decision constitutes an act building upon, or otherwise related to, the Schengen acquis within the meaning of Article 4(2) of the 2011 Act of Accession,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Visa Information System shall start operations in the eighth region determined by Implementing Decision 2012/274/EU on 5 September 2013.
   Article 2
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
   Article 3
   This Decision shall apply in accordance with the Treaties.

      Done at Brussels, 20 August 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 218, 13.8.2008, p. 60.

      (2)  OJ L 134, 24.5.2012, p. 20.

      (3)  OJ L 131, 1.6.2000, p. 43.

      (4)  OJ L 64, 7.3.2002, p. 20.

      (5)  OJ L 176, 10.7.1999, p. 36.

      (6)  OJ L 176, 10.7.1999, p. 31.

      (7)  OJ L 53, 27.2.2008, p. 52.

      (8)  OJ L 53, 27.2.2008, p. 1.

      (9)  OJ L 160, 18.6.2011, p. 21.

      (10)  OJ L 160, 18.6.2011, p. 19.


title: Council Decision 2005/848/EC of  29 November 2005  implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2005/722/EC

text:
               30.11.2005

               EN

               Official Journal of the European Union

               L 314/46

      COUNCIL DECISION 2005/848/EC
   of 29 November 2005
   implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2005/722/EC
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (1), and in particular Article 2(3) thereof,
   Whereas:

               (1)

               On 17 October 2005 the Council adopted Decision 2005/722/EC implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2005/428/CFSP (2).

               (2)

               It has been decided to adopt an updated list of the persons, groups and entities to which Regulation (EC) No 2580/2001 applies,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The list provided for in Article 2(3) of Regulation (EC) No 2580/2001 shall be replaced by the following:

               1.

               PERSONS

                           1.

                           ABOU, Rabah Naami (a.k.a. Naami Hamza; a.k.a. Mihoubi Faycal; a.k.a. Fellah Ahmed; a.k.a. Dafri Rèmi Lahdi), born 1.2.1966 in Algiers (Algeria) (Member of al-Takfir and al-Hijra)

                           2.

                           ABOUD, Maisi (a.k.a. The Swiss Abderrahmane), born 17.10.1964 in Algiers (Algeria) (Member of al-Takfir and al-Hijra)

                           3.

                           AL-MUGHASSIL, Ahmad Ibrahim (a.k.a. ABU OMRAN; a.k.a. AL-MUGHASSIL, Ahmed Ibrahim), born 26.6.1967 in Qatif-Bab al Shamal, Saudi Arabia; citizen of Saudi Arabia

                           4.

                           AL-NASSER, Abdelkarim Hussein Mohamed, born in Al Ihsa, Saudi Arabia; citizen of Saudi Arabia

                           5.

                           AL YACOUB, Ibrahim Salih Mohammed, born 16.10.1966 in Tarut, Saudi Arabia; citizen of Saudi Arabia

                           6.

                           ARIOUA, Azzedine, born 20.11.1960 in Costantine (Algeria) (Member of al-Takfir and al-Hijra)

                           7.

                           ARIOUA, Kamel (a.k.a. Lamine Kamel), born 18.8.1969 in Costantine (Algeria) (Member of al-Takfir and al-Hijra)

                           8.

                           ASLI, Mohamed (a.k.a. Dahmane Mohamed), born 13.5.1975 in Ain Taya (Algeria) (Member of al-Takfir and al-Hijra)

                           9.

                           ASLI, Rabah, born 13.5.1975 in Ain Taya (Algeria) (Member of al-Takfir and al-Hijra)

                           10.

                           ATWA, Ali (a.k.a. BOUSLIM, Ammar Mansour; a.k.a. SALIM, Hassan Rostom), Lebanon, born 1960 in Lebanon; citizen of Lebanon

                           11.

                           DARIB, Noureddine (a.k.a. Carreto; a.k.a. Zitoun Mourad), born 1.2.1972 in Algeria (Member of al-Takfir and al-Hijra)

                           12.

                           DJABALI, Abderrahmane (a.k.a. Touil), born 1.6.1970 in Algeria (Member of al-Takfir and al-Hijra)

                           13.

                           EL-HOORIE, Ali Saed Bin Ali (a.k.a. AL-HOURI, Ali Saed Bin Ali; a.k.a EL-HOURI, Ali Saed Bin Ali), born 10.7.1965 alt. 11.7.1965 in El Dibabiya, Saudi Arabia; citizen of Saudi Arabia

                           14.

                           FAHAS, Sofiane Yacine, born 10.9.1971 in Algiers (Algeria) (Member of al-Takfir and al-Hijra)

                           15.

                           IZZ-AL-DIN, Hasan (a.k.a GARBAYA, Ahmed; a.k.a. SA-ID; a.k.a. SALWWAN, Samir), Lebanon, born 1963 in Lebanon, citizen of Lebanon

                           16.

                           LASSASSI, Saber (a.k.a. Mimiche), born 30.11.1970 in Constantine (Algeria) (Member of al-Takfir and al-Hijra)

                           17.

                           MOHAMMED, Khalid Shaikh (a.k.a. ALI, Salem; a.k.a. BIN KHALID, Fahd Bin Adballah; a.k.a. HENIN, Ashraf Refaat Nabith; a.k.a. WADOOD, Khalid Adbul), born 14.4.1965 alt. 1.3.1964 in Pakistan, passport No 488555

                           18.

                           MOKTARI, Fateh (a.k.a. Ferdi Omar), born 26.12.1974 in Hussein Dey (Algeria) (Member of al-Takfir and al-Hijra)

                           19.

                           MUGHNIYAH, Imad Fa'iz (a.k.a. MUGHNIYAH, Imad Fayiz), Senior Intelligence Officer of HIZBALLAH, born 7.12.1962 in Tayr Dibba, Lebanon, passport No 432298 (Lebanon)

                           20.

                           NOUARA, Farid, born 25.11.1973 in Algiers (Algeria) (Member of al-Takfir and al-Hijra)

                           21.

                           RESSOUS, Hoari (a.k.a. Hallasa Farid), born 11.9.1968 in Algiers (Algeria) (Member of al-Takfir and al-Hijra)

                           22.

                           SEDKAOUI, Noureddine (a.k.a. Nounou), born 23.6.1963 in Algiers (Algeria) (Member of al-Takfir and al-Hijra)

                           23.

                           SELMANI, Abdelghani (a.k.a. Gano), born 14.6.1974 in Algiers (Algeria) (Member of al-Takfir and al-Hijra)

                           24.

                           SENOUCI, Sofiane, born 15.4.1971 in Hussein Dey (Algeria) (Member of al-Takfir and al-Hijra)

                           25.

                           SISON, Jose Maria (a.k.a. Armando Liwanag, a.k.a. Joma, in charge of the Communist Party of the Philippines including NPA) born 8.2.1939 in Cabugao, Philippines

                           26.

                           TINGUALI, Mohammed (a.k.a. Mouh di Kouba), born 21.4.1964 in Blida (Algeria) (Member of al-Takfir and al-Hijra)

               2.

               GROUPS AND ENTITIES

                           1.

                           Abu Nidal Organisation (ANO), (a.k.a. Fatah Revolutionary Council, Arab Revolutionary Brigades, Black September, and Revolutionary Organisation of Socialist Muslims)

                           2.

                           Al-Aqsa Martyrs' Brigade

                           3.

                           Al-Aqsa e.V.

                           4.

                           Al-Takfir and Al-Hijra

                           5.

                           Aum Shinrikyo (a.k.a. AUM, a.k.a. Aum Supreme Truth, a.k.a. Aleph)

                           6.

                           Babbar Khalsa

                           7.

                           Communist Party of the Philippines, including New Peoples Army (NPA), Philippines, linked to Sison Jose Maria C. (a.k.a. Armando Liwanag, a.k.a. Joma, in charge of the Communist Party of the Philippines, including NPA)

                           8.

                           Gama'a al-Islamiyya (Islamic Group), (a.k.a. Al-Gama'a al-Islamiyya, IG)

                           9.

                           Great Islamic Eastern Warriors Front (IBDA-C)

                           10.

                           Hamas (including Hamas-Izz al-Din al-Qassem)

                           11.

                           Hizbul Mujahideen (HM)

                           12.

                           Holy Land Foundation for Relief and Development

                           13.

                           International Sikh Youth Federation (ISYF)

                           14.

                           Kahane Chai (Kach)

                           15.

                           Kurdistan Workers' Party (PKK), (a.k.a. KADEK; a.k.a. KONGRA-GEL)

                           16.

                           Mujahedin-e Khalq Organisation (MEK or MKO) (minus the ‘National Council of Resistance of Iran’ (NCRI)) (a.k.a. The National Liberation Army of Iran (NLA, the militant wing of the MEK), the People's Mujahidin of Iran (PMOI), Muslim Iranian Students' Society)

                           17.

                           National Liberation Army (Ejército de Liberación Nacional)

                           18.

                           Palestine Liberation Front (PLF)

                           19.

                           Palestinian Islamic Jihad (PIJ)

                           20.

                           Popular Front for the Liberation of Palestine (PFLP)

                           21.

                           Popular Front for the Liberation of Palestine — General Command (a.k.a PFLP — General Command)

                           22.

                           Revolutionary Armed Forces of Colombia (FARC)

                           23.

                           Revolutionary People's Liberation Army/Front/Party (DHKP/C) (a.k.a. Devrimci Sol (Revolutionary Left), Dev Sol)

                           24.

                           Shining Path (SL) (Sendero Luminoso)

                           25.

                           Stichting Al Aqsa (a.k.a. Stichting Al Aqsa Nederland, a.k.a. Al Aqsa Nederland)

                           26.

                           United Self-Defense Forces/Group of Colombia (AUC) (Autodefensas Unidas de Colombia).

         Article 2
   Decision 2005/722/EC is hereby repealed.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.
   It shall take effect on the day of its publication.

      Done at Brussels, 29 November 2005.

            For the Council

            The President

         A. JOHNSON

      (1)  OJ L 344, 28.12.2001, p. 70. Regulation as last amended by Commission Regulation (EC) No 1207/2005 (OJ L 197, 28.7.2005, p. 16).

      (2)  OJ L 272, 18.10.2005, p. 15, and Corrigendum (OJ L 276, 21.10.2005, p. 70).


title: 2010/107/CFSP: Council Decision 2010/107/CFSP of 22 February 2010 extending the mandate of the European Union Special Representative for the Middle East peace process

text:
               23.2.2010

               EN

               Official Journal of the European Union

               L 46/8

         COUNCIL DECISION 2010/107/CFSP
   of 22 February 2010
   extending the mandate of the European Union Special Representative for the Middle East peace process
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and, in particular, Articles 28, 31(2) and 33 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 21 July 2003, the Council adopted Joint Action 2003/537/CFSP (1) appointing Mr Marc OTTE European Union Special Representative (EUSR) for the Middle East peace process.

               (2)

               On 16 February 2009, the Council adopted Joint Action 2009/136/CFSP (2) amending and extending the mandate of the EUSR until 28 February 2010.

               (3)

               The mandate of the EUSR should be extended until 31 August 2010. However, the mandate of the EUSR may be terminated earlier, if the Council so decides, on a recommendation of the High Representative of the Union for Foreign Affairs and Security Policy (HR) following the entry into force of the decision establishing the European External Action Service.

               (4)

               The EUSR will implement his mandate in the context of a situation which may deteriorate and could harm the Common Foreign and Security Policy objectives set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   European Union Special Representative
   The mandate of Mr Marc OTTE as the European Union Special Representative (EUSR) for the Middle East peace process is hereby extended until 31 August 2010. The mandate of the EUSR may be terminated earlier, if the Council so decides, on a recommendation of the HR following the entry into force of the decision establishing the European External Action Service.
   Article 2
   Policy objectives
   1.   The mandate of the EUSR shall be based on the policy objectives of the European Union (EU) regarding the Middle East peace process.
   2.   These objectives include:

               (a)

               a two-State solution with Israel and a democratic, viable, peaceful and sovereign Palestinian State living side by side within secure and recognised borders enjoying normal relations with their neighbours in accordance with United Nations (UN) Security Council Resolutions 242 (1967), 338 (1973), 1397 (2002) and 1402 (2002) and the principles of the Madrid conference;

               (b)

               solution in the Israeli-Syrian and Israeli-Lebanese tracks;

               (c)

               a fair solution to the complex issue of Jerusalem and a just, viable and agreed solution to the problem of Palestinian refugees;

               (d)

               following-up of the Annapolis process towards a final status agreement and the creation of a Palestinian state including strengthening the role of the Quartet as guardian of the roadmap, particularly in view of monitoring the implementation of obligations both parties have under the roadmap and in line with all international efforts to bring about a comprehensive Arab-Israeli peace;

               (e)

               the establishment of sustainable and effective policing arrangements under Palestinian ownership in accordance with best international standards, in cooperation with the Union’s institution building programmes as well as other international efforts in the wider context of Security Sector, including Criminal Justice Reform;

               (f)

               reopening of the Gaza crossing points including the Rafah crossing, not least to meet the severe humanitarian needs of the population, and providing a third party presence if agreed by both parties, in cooperation with the Union’s institution building efforts.

         3.   These objectives are based on the Union’s commitment to:

               (a)

               work with the parties and with partners in the international community, especially within the framework of the Middle East Quartet, to pursue every opportunity for peace and for a decent future for all people of the region;

               (b)

               continue to assist in Palestinian political and administrative reforms, the electoral process and security reforms;

               (c)

               contribute fully to peace building, as well as to the recovery of the Palestinian economy as an integral part of regional development.

         4.   The EUSR shall support the work of the HR in the region, including in the framework of the Middle East Quartet.
   Article 3
   Mandate
   In order to achieve the policy objectives, the mandate of the EUSR shall be to:

               (a)

               provide an active and efficient contribution from the Union to actions and initiatives leading to a final settlement of the Israeli-Palestinian conflict and of the Israeli-Syrian and Israeli-Lebanese conflicts;

               (b)

               facilitate and maintain close contact with all the parties to the Middle East peace process, other countries of the region, members of the Middle East Quartet and other relevant countries, as well as the UN and other relevant international organisations, in order to work with them in strengthening the peace process;

               (c)

               ensure continued presence of the Union on the ground and in relevant international forums and contribute to crisis management and prevention;

               (d)

               observe and support peace negotiations between the parties and offer the Union’s advice and good offices as appropriate;

               (e)

               contribute, where requested, to the implementation of international agreements reached between the parties and engage with them diplomatically in the event of non-compliance with the terms of these agreements;

               (f)

               pay particular attention to factors having implication for the regional dimension of the Middle East peace process;

               (g)

               engage constructively with signatories to agreements within the framework of the peace process in order to promote compliance with the basic norms of democracy, including respect for human rights and the rule of law;

               (h)

               contribute to the implementation of the EU human rights policy and EU Guidelines on Human Rights, in particular with regard to children and women in conflict-affected areas, especially by monitoring and addressing developments in this regard;

               (i)

               report on the possibilities for Union intervention in the peace process and on the best way of pursuing Union initiatives and ongoing Middle East peace process-related Union efforts, such as the contribution of the Union to Palestinian reforms, and including the political aspects of relevant Union development projects;

               (j)

               monitor actions by either side on the implementation of the roadmap and on issues that might prejudice the outcome of the permanent status negotiations to enable the Middle East Quartet to better assess the parties compliance;

               (k)

               engage in wider collaboration on Security Sector Reform in cooperation with the European Commission and the US Security Coordinator and facilitate cooperation on security issues with all relevant actors;

               (l)

               contribute to a better understanding of the role of the Union among opinion leaders in the region.

         Article 4
   Implementation of the mandate
   1.   The EUSR shall be responsible for the implementation of the mandate acting under the authority of the HR.
   2.   The Political and Security Committee (PSC) shall maintain a privileged link with the EUSR and shall be the EUSR’s primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the HR.
   Article 5
   Financing
   1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 March 2010 to 31 August 2010 shall be EUR 730 000.
   2.   The expenditure financed by the amount stipulated in paragraph 1 shall be eligible as from 1 March 2010. The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
   3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.
   Article 6
   Constitution and composition of the team
   1.   Within the limits of his mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting his team. The team shall include the expertise on specific policy issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly informed of the composition of his team.
   2.   Member States and institutions of the Union may propose the secondment of staff to work with the EUSR. The salary of personnel who are seconded by a Member State or an institution of the Union to the EUSR shall be covered by the Member State or the institution of the Union concerned respectively. Experts seconded by Member States to the General Secretariat of the Council may also be posted to the EUSR. International contracted staff shall have the nationality of a Member State.
   3.   All seconded personnel shall remain under the administrative authority of the sending Member State or Union institution and shall carry out their duties and act in the interest of the mandate of the EUSR.
   Article 7
   Privileges and immunities of the EUSR and his staff
   The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of his staff shall be agreed with the host party/parties as appropriate. Member States and the Commission shall grant all necessary support to such effect.
   Article 8
   Security of EU classified information
   The EUSR and the members of his team shall respect the security principles and minimum standards established by Council Decision 2001/264/EC of 19 March 2001 adopting the Council’s security regulations (3), in particular when managing EU classified information.
   Article 9
   Access to information and logistical support
   1.   Member States, the Commission and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
   2.   The Union delegation and/or Member States, as appropriate, shall provide logistical support in the region.
   Article 10
   Security
   In accordance with the Union’s policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in conformity with his mandate and the security situation in his geographical area of responsibility, for the security of all personnel under his direct authority, notably by:

               (a)

               establishing a mission-specific security plan based on guidance from the General Secretariat of the Council, including mission-specific physical, organisational and procedural security measures, governing management of the secure movement of personnel to, and within, the mission area, as well as management of security incidents and including a mission contingency and evacuation plan;

               (b)

               ensuring that all personnel deployed outside the Union are covered by high risk insurance as required by the conditions in the mission area;

               (c)

               ensuring that all members of his team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the General Secretariat of the Council;

               (d)

               ensuring that all agreed recommendations made following regular security assessments are implemented and providing the HR, the Council and the Commission with written reports on their implementation and on other security issues within the framework of the mid-term and mandate implementation reports.

         Article 11
   Reporting
   The EUSR shall regularly provide the HR and the PSC with oral and written reports. The EUSR shall also report as necessary to Council working parties. Regular written reports shall be circulated through the COREU network. Upon recommendation of the HR or the PSC, the EUSR may provide the Foreign Affairs Council with reports.
   Article 12
   Coordination
   1.   The EUSR shall promote overall Union political coordination. He shall help to ensure that all Union instruments in the field are engaged coherently to attain the Union’s policy objectives. The activities of the EUSR shall be coordinated with those of the Commission, as well as those of other EUSR’s active in the region as appropriate. The EUSR shall provide Member States missions and the Union’s delegations with regular briefings.
   2.   In the field, close liaison shall be maintained with the Head of the Union delegation and Member States’ Heads of Mission. They shall make best efforts to assist the EUSR in the implementation of the mandate. The EUSR shall provide the Heads of the European Union Police Mission in the Palestinian Territories (EUPOL COPPS) and of the European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) with local political guidance. The EUSR and the Civilian Operation Commander shall consult each other as required. The EUSR shall also liaise with other international and regional actors in the field.
   Article 13
   Review
   The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the HR, the Council and the Commission with a mandate implementation report at the end of the mandate.
   Article 14
   Entry into force
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 1 March 2010.
   Article 15
   Publication
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 22 February 2010.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 184, 23.7.2003, p. 45.

      (2)  OJ L 46, 17.2.2009, p. 65.

      (3)  OJ L 101, 11.4.2001, p. 1.


Avis juridique important

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31989D0172

89/172/EEC: Commission Decision of 1 March 1989 closing the anti-dumping proceedings concerning imports into Spain of choline chloride originating in Belgium (IV/AD/87/1 _ Choline chloride)

Official Journal L 063 , 07/03/1989 P. 0032 - 0033

*****COMMISSION  DECISION  of 1 March 1989  closing the anti-dumping proceedings concerning imports into Spain of choline chloride originating in Belgium  (IV/AD/87/1 - Choline chloride)  (89/172/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the Act of Accession of Spain and Portugal, and in particular Article 380 (1) thereof,  Having regard to Council Regulation (EEC) No 812/86 of 14 March 1986 on protection against imports which are the subject of dumping between the Community of Ten and the new Member States or between the new Member States during the period throughout which the transitional measures laid down by the Act of Accession of Spain and Portugal apply (1), and in particular Article 5 (8) thereof,  Having consulted the Member States concerned in accordance with Article 8 (3) of Regulation (EEC) No 812/86,  Whereas:  A. PROCEDURE  In a notice published in the Official Journal of the European Communities (2), the Commission announced that, after consulting the Member States, it had decided to initiate anti-dumping proceedings concerning imports into Spain of choline chloride originating in Belgium.  The product concerned is 75 % liquid choline chloride falling within CN code 2923 10 10, manufactured and exported to Spain by Union Chimique Belge SA and imported into Spain by the Spanish company Indukern SA.  The proceedings were initiated following a complaint that choline chloride exports from Belgium to Spain were being carried out at dumping prices, thus causing injury to a sector of the Spanish economy. The complaint was based on Article 4 of Regulation (EEC) No 812/86.  The complaint was lodged by Algry SA, which manufactures all the choline chloride produced in Spain; it was supported by Ertisa SA, the sole Spanish producer of trimetilamine (a base product used in the production of choline chloride).  Pursuant to Article 5 (1) (b) of Regulation (EEC) No 812/86, the Commission advised interested Member States, the complainant and the exporter and importer concerned and, in accordance with the provisions of paragraph 1 (c) of that Article, commenced an investigation to determine whether the Spanish complainant's allegations were well-founded and justified intervention on its part.  The Commission gave interested parties the opportunity to make known their views in writing and to request a hearing.  In order to obtain all the information which it deemed necessary, the Commission sent a questionnaire to the Spanish complainant, the Belgian exporter and the Spanish importer, in order to establish whether there was a dumping margin and injury.  The three companies replied to the questionnaire. At their request, the Belgian exporter, the complainant and Ertisa SA were heard orally.  No comments were received from other interested parties.  The investigation covered the period from 1 January to 31 August 1987.  B. DUMPING  The investigation revealed that there had indeed been dumping during the investigation period, since the ex-factory price actually paid for the product sold for export to Spain was considerably below the ex-factory price charged by Union Chimique Belge SA for the same product on the domestic market.  C. INJURY  The volume of 75 % choline chloride imports from Belgium has increased significantly since the accession of Spain, from 0 in 1984 and 1985 to 954 tonnes in 1986 and 2 257 tonnes in 1987. By contrast, imports of the product from the other Member States, which amounted to 190 tonnes in 1984 and 287 tonnes in 1985, increased to only 318 tonnes in 1986 and fell to a mere 83 tonnes in 1987.  The dumped imports have led to a fall in choline chloride prices on the Spanish market. Since the complainant made efforts to maintain its production and its market share of choline chloride in Spain, notably by reducing its selling prices, the injury suffered is mainly in the complainant's profitability; however, it is also reflected in a decline in its market share in Spain.  D. RECOMMENDATION  On 18 July 1988, after consulting the Member States concerned, the Commission, acting in accordance with Article 8 (1) of Regulation (EEC) No 812/86, addressed a recommendation to Union Chimique Belge SA that dumping be terminated. The recommendation calls for compliance with a minimum price for choline chloride exports to Spain for sale on the Spanish market.  E. UNDERTAKING  By letter dated 5 August 1988, Union Chimique Belge SA undertook to comply with the Commission's recommendation within the period it laid down.  Consequently, in accordance with Article 5 (8) of Regulation (EEC) No 812/86, the proceedings may be closed without the Commission having to authorize Spain to introduce anti-dumping duties in respect of the exporter concerned,  HAS DECIDED AS FOLLOWS:  (1) OJ No L 78, 24. 3. 1986, p. 1.  (2) OJ No C 255, 25. 9. 1987, and corrigendum in OJ No C 279, 17. 10. 1987.