title: Decision of the European Parliament of 23 April 2009 on discharge in respect of the implementation of the European Union general budget for the financial year 2007, Section VI - European Economic and Social Committee

text:
               26.9.2009

               EN

               Official Journal of the European Union

               L 255/81

         DECISION OF THE EUROPEAN PARLIAMENT
   of 23 April 2009
   on discharge in respect of the implementation of the European Union general budget for the financial year 2007, Section VI — European Economic and Social Committee
   (2009/637/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the European Union general budget for the financial year 2007 (1),

               —

               having regard to the final annual accounts of the European Communities for the financial year 2007 — Volume I (C6-0420/2008) (2),

               —

               having regard to the European Economic and Social Committee’s annual report to the discharge authority on internal audits carried out in 2007,

               —

               having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2007, together with the audited institutions’ replies (3),

               —

               having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (4),

               —

               having regard to Articles 272(10), 274, 275 and 276 of the EC Treaty,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,

               —

               having regard to Rule 71 of, and Annex V to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A6-0155/2009),

               1.

               Grants the Secretary-General of the European Economic and Social Committee discharge in respect of the implementation of its budget for the financial year 2007;

               2.

               Sets out its observations in the Resolution below;

               3.

               Instructs its President to forward this Decision and the Resolution that forms an integral part of it to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Ombudsman and the European Data Protection Supervisor, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 77, 16.3.2007.

      (2)  OJ C 287, 10.11.2008, p. 1.

      (3)  OJ C 286, 10.11.2008, p. 1.

      (4)  OJ C 287, 10.11.2008, p. 111.

      (5)  OJ L 248, 16.9.2002, p. 1.
   RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 23 April 2009
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the European Union general budget for the financial year 2007, Section VI — European Economic and Social Committee
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the European Union general budget for the financial year 2007 (1),

               —

               having regard to the final annual accounts of the European Communities for the financial year 2007 — Volume I (C6-0420/2008) (2),

               —

               having regard to the European Economic and Social Committee’s annual report to the discharge authority on internal audits carried out in 2007,

               —

               having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2007, together with the audited institutions’ replies (3),

               —

               having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (4),

               —

               having regard to Articles 272(10), 274, 275 and 276 of the EC Treaty,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,

               —

               having regard to Rule 71 of, and Annex V to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A6-0155/2009),

               1.

               Notes that in 2007 the European Economic and Social Committee (EESC) had commitment appropriations available amounting to a total of EUR 116 million (2006: EUR 112 million), with a utilisation rate of 91,64 %, below the average of the other institutions (93,82 %);

               2.

               Welcomes the signature in December 2007 of a new Administrative Cooperation Agreement between the EESC and the Committee of the Regions (CoR) for the period 2008 to 2014; is convinced that cooperation between the two institutions will be financially advantageous to European taxpayers; regrets, however, that, according to the EESC’s annual activity report, negotiations on the new Cooperation Agreement have paralysed or slowed down some initiatives scheduled in the 2007 Work Programme;

               3.

               Welcomes the clear commitment of the two Committees to the aim of harmonising their internal control standards, based on best practices, as well as all other relevant financial procedures relating to the Joint Services;

               4.

               Observes that the new Agreement keeps the most important areas (infrastructure, IT and telecommunications, as well as translation, including the production of documents) within the Joint Services’ remit, while a limited number of services are decoupled, such as internal services, the sociomedical service, the library and prepress;

               5.

               Insists however that this decoupling should be budget neutral and, therefore, urges the two Committees to carry out a joint analysis as part of the mid-term review of whether this shift of resources is beneficial to both; calls on the two Committees to keep Parliament informed of the evaluation in early 2009 of the mini-cooperation agreements in the areas affected by decoupling;

               6.

               Points to the remark made by the Court of Auditors in paragraph 11.10 of its abovementioned annual report that, by continuing to apply a multiplication factor greater than 1 in the two years following promotion, rather than converting the balance over 1 into seniority in step, the EESC thereby grants its staff a financial advantage not granted by the other institutions;

               7.

               Emphasises that the provisions of the Staff Regulations concerning the multiplication factor should be interpreted and implemented by all the institutions in the same way in order to ensure the equal treatment of their staff; awaits the Civil Service Tribunal’s ruling on an appeal brought by a Commission official, and expects the EESC to align its practice (if necessary retroactively) to this ruling;

               8.

               Notes with satisfaction that two new financial systems (ABAC WF and SAP) became operational in 2007 and have generally operated effectively; further welcomes the fact that the EESC has launched its EMAS (eco-management and audit scheme) certification;

               9.

               Welcomes the initiative by the EESC to develop a set of key activity and performance indicators (KAPIs) within its secretariat, which thus serve as a management tool for the competent services as well as improving transparency; encourages the EESC to further develop new indicators and use existing ones to show trends in the medium or longer term (five to 10 years) as well;

               10.

               Notes with satisfaction the considerable reduction in the value of negotiated contracts as a proportion of the value of contracts awarded from 7,5 % in 2006 to 2,5 % in 2007, although the number of negotiated contracts has doubled; encourages the EESC to continue its efforts to further reduce this proportion;

               11.

               Welcomes in this context the creation within the Joint Services of a Contracts Unit providing assistance to all operational departments in the Joint Services in the area of public procurement; notes that under the new Agreement, the verification service of the Joint Services has been transferred to each Committee’s own services;

               12.

               Notes that a building contractor with which the EESC and the CoR had contractual relationships was arrested in March 2007 under suspicion of fraud; notes with satisfaction that an exhaustive audit was carried out of all contracts that the Committees had engaged in with this contractor since 2000, and that the subsequent audit report was transmitted to OLAF;

               13.

               Considers it crucial that controls carried out, for example, by authorising officers, verifiers and auditors, are sufficiently rigorous; underlines in this context the importance of an adequate number of random checks in all sectors, in addition to those few strategic sectors that present a higher risk;

               14.

               Welcomes the establishment of an audit committee made up of three EESC Members, assisted by an external auditor, whose tasks include, among others, the verification of the independence of the internal auditor and the assessment of actions taken in response to the recommendations contained in the internal audit reports;

               15.

               Notes that the Belgian tribunal of first instance found a former EESC Member guilty of fraudulent claims for travel expenses (double reimbursement); welcomes in this context the fact that the EESC brought an appeal against the decision not to recognise it as a civil party;

               16.

               Notes that a general review of the rules for reimbursement of travel and meeting expenses of EESC Members was adopted on 25 September 2007, which aimed at improving and simplifying the procedures involved, while at the same time ensuring transparency and equal treatment for all Members and taking into account technological developments (such as e-tickets, online hotel reservations and video-conferencing); considers it necessary to look into this matter in the following discharge exercise (financial year 2008);

               17.

               Further notes, concerning the new Members’ financial statute, that the EESC’s Bureau, at its meeting of 12 November 2008, decided to establish an ad-hoc group, including the quaestors, which would be responsible for drafting proposals on revising the Members’ financial statute;

               18.

               Notes that Members of the EESC do not declare their financial interests or disclose relevant information on such things as declarable professional activities and remunerated posts or activities; suggests that the EESC introduce this obligation for all its Members; further proposes the appointment of an independent monitoring officer whose task would be to report annually and publicly on received declarations in order to ensure credible monitoring and control;

               19.

               Praises the EESC for the quality of its annual activity report; requests, however, the inclusion in its following activity report of a chapter giving a detailed account of the follow-up during the year to Parliament’s earlier discharge decisions, including possible explanations for not having followed the recommendations;

               20.

               Notes that, despite amendments to the Financial Regulation, its rules on procurement are still excessively cumbersome for smaller institutions, such as the EESC, especially in relation to tenders for contracts for relatively small amounts; invites the Commission — when carrying out its preliminary work prior to drawing up any future proposals for amendment to the Financial Regulation — to consult extensively with the Secretary-General of the EESC and its administration in order to ensure that their concerns are fully taken into account in the final draft.

      (1)  OJ L 77, 16.3.2007.

      (2)  OJ C 287, 10.11.2008, p. 1.

      (3)  OJ C 286, 10.11.2008, p. 1.

      (4)  OJ C 287, 10.11.2008, p. 111.

      (5)  OJ L 248, 16.9.2002, p. 1.


title: 2007/350/EC: Council Decision of 7 May 2007 appointing a Latvian full member and two Latvian alternate members to the Committee of the Regions

text:
               24.5.2007

               EN

               Official Journal of the European Union

               L 132/33

      COUNCIL DECISION

   of 7 May 2007
   appointing a Latvian full member and two Latvian alternate members to the Committee of the Regions
   (2007/350/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 proposals from the Latvian Government,
   Whereas:

               (1)

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

               (2)

               One member’s seat on the Committee of the Regions has become vacant following the end of the mandate of Mr Uldis AUGULIS. One seat as alternate member of the Committee of the Regions becomes vacant with the appointment of Mr Aleksandrs LIELMEŽS as a member of that Committee. One seat as alternate member of the Committee of the Regions has become vacant following the end of the mandate of Mr Gunārs LAICĀNS,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2010:

               (a)

               as member:

                           —

                           Mr Aleksandrs LIELMEŽS, in place of Mr Uldis AUGULIS,

                     and

               (b)

               as alternate members:

                           —

                           Ms Ligita GINTERE, Chairman of Jaunpils Local Municipality, in place of Mr Aleksandrs LIELMEŽS,

                           —

                           Mr Jānis NEIMANIS, Chairman of Grobiņa Town Municipality, in place of Mr Gunārs LAICĀNS.

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

      Done at Brussels, 7 May 2007.

            For the Council

            The President

         H. SEEHOFER

      (1)  OJ L 56, 25.2.2006, p. 75.


Avis juridique important

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31998D1104(01)

Council Decision 19 October 1998 appointing the full members and alternate members of the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions

Official Journal C 336 , 04/11/1998 P. 0001 - 0003

COUNCIL DECISION 19 October 1998 appointing the full members and alternate members of the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions (98/C 336/01)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,Having regard to Council Regulation (EEC) No 1365/75 of 26 May 1975 on the creation of a European Foundation for the Improvement of Living and Working Conditions (1), as last amended by Regulation (EEC) No 1947/93 (2), and in particular Article 6 thereof,Having regard to the lists of nominees submitted by the Governments of the Member States (for Government representatives) and forwarded by the Commission (for representatives of workers' and employers' organisations),Whereas by its Decision of 7 November 1994 (3) the Council appointed the full members and alternate members of the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions for the period from 7 November 1994 to 6 November 1997;Whereas the full members and alternates representing the Governments of the Member States and workers' and employers' organisations must be appointed for a three-year period;Whereas it is for the Commission to appoint its own representatives on the Administrative Board,HAS DECIDED AS FOLLOWS:Article 1 The following are hereby appointed full members and alternate members of the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions for the period from 19 October 1998 to 18 October 2001:I. >TABLE>II. >TABLE>III. >TABLE>Article 2 This Decision shall be published, for information, in the Official Journal of the European Communities.Done at Luxembourg, 19 October 1998.For the CouncilThe PresidentW. MOLTERER(1) OJ L 139, 30.5.1975, p. 1.(2) OJ L 181, 23.7.1993, p. 13.(3) OJ C 318, 15.11.1994, p. 1.


title: 2008/523/EC: Decision of the European Parliament of 24 April 2007 on the discharge for the implementation of the budget of Eurojust for the financial year 2005

text:
               15.7.2008

               EN

               Official Journal of the European Union

               L 187/135

         DECISION OF THE EUROPEAN PARLIAMENT
   of 24 April 2007
   on the discharge for the implementation of the budget of Eurojust for the financial year 2005
   (2008/523/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of Eurojust for the financial year 2005 (1),
   having regard to the Court of Auditors' report on the final annual accounts of Eurojust for the financial year 2005, together with Eurojust's replies (2),
   having regard to the Council's Recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),
   having regard to the EC Treaty, and in particular Article 276 thereof, and the EU Treaty, and in particular Article 41 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (4), and in particular Article 36 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 (5), and in particular Article 94 thereof,
   having regard to Rule 71 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 (A6-0120/2007),

               1.

               Grants the administrative director of Eurojust discharge for the implementation of Eurojust's budget for the financial year 2005;

               2.

               Sets out its observations in the Resolution below;

               3.

               Instructs its President to forward this Decision and the Resolution that forms an integral part of it to the administrative director of Eurojust, 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

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 266, 31.10.2006, p. 34.

      (2)  OJ C 312, 19.12.2006, p. 67.

      (3)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

      (4)  OJ L 63, 6.3.2002, p. 1. Decision as amended by Decision 2003/659/JHA (OJ L 245, 29.9.2003, p. 44).

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

               15.7.2008

               EN

               Official Journal of the European Union

               L 187/136

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 24 April 2007
   with observations forming an integral part of the Decision on the discharge for the implementation of the budget of Eurojust for the financial year 2005
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of Eurojust for the financial year 2005 (1),
   having regard to the Court of Auditors' report on the final annual accounts of Eurojust for the financial year 2005, together with Eurojust's replies (2),
   having regard to the Council's Recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),
   having regard to the EC Treaty, and in particular Article 276 thereof, and the EU Treaty, and in particular Article 41 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (4), and in particular Article 36 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 (5), and in particular Article 94 thereof,
   having regard to Rule 71 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 (A6-0120/2007),

               A.

               whereas the Court of Auditors stated that it obtained reasonable assurance that the annual accounts for the financial year ended 31 December 2005 were reliable and that the underlying transactions, taken as a whole, were legal and regular,

               B.

               whereas on 27 April 2006 Parliament gave discharge to the director in respect of the implementation of Eurojust's budget for the 2004 financial year (6) and in the resolution accompanying the discharge decision Parliament, inter alia,

                           —

                           expressed its wish to be kept fully informed of the intentions of the Dutch host authorities regarding any new premises for Eurojust; in particular, wished to be informed of the possibilities for Eurojust and Europol to occupy the same premises and of the conditions of such a move and the financial support that the host state would grant to Eurojust in that respect,

                           —

                           noted that Eurojust implemented a different budget from the one set by the Budgetary Authority; insisted that Eurojust follow the correct procedures and await approval from the Budgetary Authority before implementing any such changes in future,

                           —

                           stressed that the principle of the segregation of the duties of authorising officer and accounting officer should be respected and that there should be no repetition of the situation occurring in 2004 when one member of staff filled both roles;

         General points concerning the majority of EU Agencies requiring individual discharge

               1.

               Considers that the ever-growing number of Community Agencies and the activities of certain of them do not seem to form part of an overall policy framework, and that the remits of some Agencies do not always reflect the real needs of the Union or the expectations of its citizens, and notes that in general terms the Agencies do not always have a good image or a good press;

               2.

               Invites the Commission therefore to define an overall policy framework for the setting up of new Community Agencies and to present a cost-benefit study before the setting up of any new Agency, while being careful to avoid any overlap of activities between Agencies or with the remits of other European organisations;

               3.

               Calls on the Court of Auditors to give its opinion on the cost-benefit study before Parliament takes its decision;

               4.

               Invites the Commission to present every five years a study on the added value of every existing Agency; invites all relevant institutions in the case of a negative evaluation of the added value of an Agency to take the necessary steps by reformulating the mandate of that Agency or by closing it;

               5.

               Considers it regrettable, given the growing number of regulatory Agencies, that the negotiations on the draft interinstitutional agreement on the operating framework for the European regulatory Agencies have not yet been concluded, and calls on the relevant departments of the Commission, in consultation with the Court of Auditors, to do their utmost to ensure that the agreement is brought to a rapid conclusion;

               6.

               Notes that the Commission's budgetary responsibility calls for closer linking of the Agencies to the Commission; calls on the Commission and the Council to take all necessary steps to give the Commission a blocking minority in the supervisory bodies of the regulatory Agencies by 31 December 2007 and to provide for such a minority from the outset when new Agencies are set up;

               7.

               Invites the Court of Auditors to create an additional chapter in its Annual Report, devoted to all Agencies to be discharged under the Commission's accounts in order to have a much clearer picture of the use of EU funds by Agencies;

               8.

               Recalls the principle according to which all Community Agencies, whether subsidised or not, are subject to discharge by the Parliament, even where a discharge authority exists by virtue of their constitutive texts;

               9.

               Calls on the Court of Auditors to perform performance audits for all Agencies and to report back to the relevant committees of Parliament, including the Committee on Budgetary Control;

               10.

               Notes that the number of Agencies is constantly increasing and that, in accordance with the Commission's political responsibility for the operation of the Agencies, which goes far beyond mere logistical support, there is an even higher need for the Directorates-General of the Commission charged with the setting up and monitoring of Agencies to develop a common approach to the Agencies; considers that a structure similar to the one created by the Agencies for coordination among the DGs concerned would be a pragmatic way forward towards a common approach by the Commission on all matters relating to the Agencies;

               11.

               Invites the Commission to improve administrative and technical support to the Agencies, taking into account the growing complexity of the Community's administrative rules and technical problems;

               12.

               Notes the lack of a disciplinary body in any of the Community Agencies, and calls on the Commission to take the necessary steps to ensure that such a mechanism is rapidly put in place;

               13.

               Welcomes the considerable improvements in the coordination among the Agencies, which allows them to tackle recurring problems and makes cooperation with the Commission and Parliament more efficient;

               14.

               Takes the view that the establishment by a number of Agencies of a shared support service aimed at making their computerised financial management systems consistent with those of the Commission is a measure that should be taken further and extended;

               15.

               Calls upon the Agencies to improve their cooperation and benchmarking with actors in the field; urges the Commission to adopt any measures it considers necessary to help the Agencies enhance their image and raise the profile of their activities;

               16.

               Calls upon the Commission to come up with a proposal to harmonise the format of the annual reporting by the Agencies and to develop performance indicators which would allow a comparison of their efficiency;

               17.

               Invites the Agencies to present at the beginning of every year performance indicators against which they could be measured;

               18.

               Invites all Agencies to increasingly use SMART objectives which should lead to more realistic planning and implementation of goals;

               19.

               Agrees with the Court of Auditors that the Commission also bears responsibility for the (financial) management of the Agencies; therefore, urges the Commission to monitor and where necessary direct and help the management of the different Agencies, especially in relation to the proper application of tender procedures, transparency of recruitment procedures, sound financial management (underspending and overbudgeting) and most importantly the proper application of the rules concerning the internal control framework;

               20.

               Considers that the Agencies' work programmes should express their contributions in operational and measurable terms and that due consideration should be given to the Commission's Internal Control Standards;

         Specific points

               21.

               Notes that the implementation of the budget showed that 90 % of the appropriations granted for the year had been committed and that the overall rate of payment was 84 %; notes furthermore that the utilisation rate of appropriations for operating activities (Title III) was only 80 % of the commitment appropriations for the financial year and that a third of commitments had to be carried over; notes that more than 15 % of the commitments carried over to the year had to be cancelled; invites Eurojust to even further improve the programming of operating expenditure;

               22.

               Notes that the College decided to authorise a non-automatic carryover of appropriations for a total of EUR 285 484 and recalls that such carryovers are permitted only if most of the stages preparatory to the act of commitment have been completed before the end of the financial year, and that this was not the case;

               23.

               Underlines that Eurojust still does not have its own financial regulation and has continued to apply Regulation (EC, Euratom) No 2343/2002; invites the Commission to inform Parliament of its opinion concerning the draft regulation submitted by Eurojust;

               24.

               Invites Eurojust to improve its inventory procedure;

               25.

               Invites Eurojust to inform Parliament about the adoption by its Board of any internal control standard; is concerned that the formalisation of operating and accounting procedures was mostly lacking and that in 2005 the checklists describing the checks to be carried out on budgetary commitments relating to important operating procedures (procurement and recruitment) were insufficiently developed; invites Eurojust to present Parliament with a short description of any improvements in this field in time for the 2006 discharge procedure;

               26.

               Invites Eurojust to respect public procurement procedures and contract management and to respect the time limits for framework contracts as laid down in the regulatory provisions.

      (1)  OJ C 266, 31.10.2006, p. 34.

      (2)  OJ C 312, 19.12.2006, p. 67.

      (3)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

      (4)  OJ L 63, 6.3.2002, p. 1. Decision as amended by Decision 2003/659/JHA (OJ L 245, 29.9.2003, p. 44).

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

      (6)  OJ L 340, 6.12.2006, p. 112.


title: Council Decision (EU) 2015/1774 of 1 October 2015 appointing a Spanish alternate member of the Committee of the Regions

text:
               3.10.2015

               EN

               Official Journal of the European Union

               L 258/10

         COUNCIL DECISION (EU) 2015/1774
   of 1 October 2015
   appointing a Spanish alternate member of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Spanish Government,
   Whereas:

               (1)

               On 26 January, on 5 February and on 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

               (2)

               An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Emilio DEL RÍO SANZ,

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

               —

               Dña Begoña MARTÍNEZ ARREGUI, Consejera de Presidencia, Relaciones Institucionales y Acción Exterior del Gobierno de la Rioja.

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

      Done at Luxembourg, 1 October 2015.

            For the Council

            The President

         E. SCHNEIDER

      (1)  OJ L 20, 27.1.2015, p. 42.

      (2)  OJ L 31, 7.2.2015, p. 25.

      (3)  OJ L 159, 25.6.2015, p. 70


Avis juridique important

|

31978D0465

78/465/EEC: Council Decision of 30 May 1978 adjusting Decision 76/568/EEC on the association of the overseas countries and territories with the European Economic Community

Official Journal L 147 , 03/06/1978 P. 0039 - 0040

****( 1 ) OJ NO L 176 , 1 . 7 . 1976 , P . 8 .  ( 2 ) OJ NO L 46 , 18 . 2 . 1977 , P . 15 .  ( 3 ) OJ NO L 25 , 30 . 1 . 1976 , P . 1 .    COUNCIL DECISION   OF 30 MAY 1978   ADJUSTING DECISION 76/568/EEC ON THE ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES WITH THE EUROPEAN ECONOMIC COMMUNITY  ( 78/465/EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL DECISION 76/568/EEC OF 29 JUNE 1976 ON THE ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES WITH THE EUROPEAN ECONOMIC COMMUNITY ( 1 ), AS AMENDED BY DECISION 77/155/EEC ( 2 ), AND IN PARTICULAR ARTICLE 56 THEREOF ,   HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,   WHEREAS DECISION 76/568/EEC PROVIDES THAT ADJUSTMENT MUST BE MADE TO IT WHERE AN OVERSEAS COUNTRY OR TERRITORY WHICH HAS ATTAINED INDEPENDENCE ACCEDES TO THE ACP-EEC CONVENTION OF LOME ( 3 ), HEREINAFTER REFERRED TO AS THE ' CONVENTION ' ;   WHEREAS THE TERRITORY OF THE AFARS AND ISSAS , WHICH IS LISTED IN ANNEX I TO DECISION 76/568/EEC AND HAS ATTAINED INDEPENDENCE AS THE REPUBLIC OF JIBUTI , HAS APPLIED TO ACCEDE TO THE CONVENTION ; WHEREAS THE ACP-EEC COUNCIL OF MINISTERS HAS APPROVED THIS APPLICATION ; WHEREAS THIS STATE DEPOSITED ITS INSTRUMENT OF ACCESSION AND THUS ACCEDED TO THE CONVENTION ON 2 FEBRUARY 1978 ;   WHEREAS THE VARIOUS LISTS CONTAINED IN DECISION 76/568/EEC AND THE AMOUNTS SPECIFIED IN ARTICLE 30 THEREOF SHOULD THEREFORE BE ADJUSTED ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   THE FOLLOWING SHALL BE DELETED IN ARTICLE 23 ( 5 ), ARTICLE 26 AND FROM THE LIST IN ANNEX I TO DECISION 76/568/EEC :  ' TERRITORY OF THE AFARS AND ISSAS ' .   ARTICLE 2   ARTICLE 30 OF DECISION 76/568/EEC SHALL BE REPLACED BY THE FOLLOWING :   ' ARTICLE 30   THE FOLLOWING PROVISIONS SHALL APPLY WITH EFFECT FROM 2 FEBRUARY 1978 :   1 . THE OVERALL AMOUNT OF COMMUNITY AID SHALL BE SET AT 126 MILLION EUROPEAN UNITS OF ACCOUNT .   2 . THIS AMOUNT SHALL COMPRISE :  ( A ) 115.65 MILLION EUROPEAN UNITS OF ACCOUNT FROM THE EUROPEAN DEVELOPMENT FUND ( 1975 ), HEREINAFTER CALLED THE  ' FUND ' , ALLOCATED AS FOLLOWS :  ( I )  FOR THE PURPOSES SET OUT IN ARTICLE 28 , 95.65 MILLION EUROPEAN UNITS OF ACCOUNT , CONSISTING OF :   -  42.83 MILLION EUROPEAN UNITS OF ACCOUNT IN THE FORM OF GRANTS ;   -  34.40 MILLION EUROPEAN UNITS OF ACCOUNT IN THE FORM OF SPECIAL LOANS ;   -   4.00 MILLION EUROPEAN UNITS OF ACCOUNT IN THE FORM OF RISK CAPITAL ;   -  14.42 MILLION EUROPEAN UNITS OF ACCOUNT IN THE FORM OF A RESERVE ;  ( II ) 20 MILLION EUROPEAN UNITS OF ACCOUNT , LIKEWISE FROM THE FUND , IN THE FORM OF TRANSFERS TO THE COUNTRIES AND TERRITORIES FOR THE STABILIZATION OF EXPORT EARNINGS ;  ( B ) FOR THE PURPOSES SET OUT IN ARTICLE 28 , UP TO 10 MILLION EUROPEAN UNITS OF ACCOUNT IN THE FORM OF LOANS FROM THE BANK , MADE FROM ITS OWN RESOURCES ON THE TERMS AND CONDITIONS PROVIDED FOR IN ITS STATUTE AND SUPPLEMENTED , AS A GENERAL RULE , BY A 3 % INTEREST RATE SUBSIDY , UNDER THE CONDITIONS LAID DOWN IN ARTICLE 4 OF ANNEX V .   THE TOTAL COST OF THE INTEREST RATE SUBSIDIES SHALL BE CHARGED AGAINST THE AMOUNT OF THE GRANTS PROVIDED FOR IN POINT 2 ( A ) ( I ).   3 . FOLLOWING THE ACCESSION OF THE REPUBLIC OF JIBUTI TO THE CONVENTION , THE AMOUNTS PROVIDED FOR IN THE FORM OF GRANTS , SPECIAL LOANS AND A RESERVE , INITIALLY ALLOCATED IN THREE EQUAL PARTS AMONG THE FRENCH OVERSEAS TERRITORIES AND DEPARTMENTS AND THE NETHERLANDS AND UNITED KINGDOM OVERSEAS COUNTRIES AND TERRITORIES , SHALL BE REDUCED IN ACCORDANCE WITH DECISION 78/465/EEC .   4 . ( A ) OF THE PORTION ALLOCATED TO THE FRENCH OVERSEAS TERRITORIES AND DEPARTMENTS :   -  13.00 MILLION EUROPEAN UNITS OF ACCOUNT SHALL REMAIN FROZEN UNTIL THE ENTRY INTO FORCE OF THE AGREEMENT AMENDING THE INTERNAL AGREEMENT ON THE FINANCING AND ADMINISTRATION OF COMMUNITY AID SIGNED ON 11 JULY 1975 ;   -  7.70 MILLION EUROPEAN UNITS OF ACCOUNT SHALL BE ALLOCATED TO THE FRENCH OVERSEAS DEPARTMENTS ;   -  1.15 MILLION EUROPEAN UNITS OF ACCOUNT SHALL REMAIN ALLOCATED AS FINANCIAL AID TO THE LEAST FAVOURED OVERSEAS COUNTRIES AND TERRITORIES , IRRESPECTIVE OF THE ZONES WITHIN WHICH THEY FALL .  ( B ) THE SUMS ALLOCATED TO THE FRENCH OVERSEAS TERRITORIES SHALL AMOUNT TO 12.10 MILLION EUROPEAN UNITS OF ACCOUNT , CONSISTING OF :   -  10.10 MILLION EUROPEAN UNITS OF ACCOUNT TAKEN FROM THE SHARE ALLOCATED TO THE FRENCH OVERSEAS TERRITORIES AND DEPARTMENTS ;   -  2.00 MILLION EUROPEAN UNITS OF ACCOUNT PURSUANT TO DECISION 76/569/EEC . '   ARTICLE 3   THIS DECISION SHALL APPLY FROM 2 FEBRUARY 1978 .   ARTICLE 4   THIS DECISION SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .   DONE AT BRUSSELS , 30 MAY 1978 .   FOR THE COUNCIL   THE PRESIDENT   I . NOERGAARD


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32000D0591

2000/591/EC, Euratom: Council Decision of 26 September 2000 appointing a Portuguese member of the Economic and Social Committee

Official Journal L 249 , 04/10/2000 P. 0022 - 0022

Council Decisionof 26 September 2000appointing a Portuguese member of the Economic and Social Committee(2000/591/EC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 258 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 166 thereof,Having regard to the Council Decision of 15 September 1998 appointing the members of the Economic and Social Committee for the period from 21 September 1998 to 20 September 2002(1),Whereas a member's seat on that Committee has fallen vacant following the resignation of Mr Vasco Cal, of which the Council was informed on 13 April 2000;Having regard to the nominations submitted by the Portuguese Government,Having obtained the opinion of the Commission of the European Communities,HAS DECIDED AS FOLLOWS:Sole ArticleMr Mário David Ferreirinha Soares is hereby appointed a member of the Economic and Social Committee in place of Mr Vasco Cal for the remainder of his term of office, which runs until 20 September 2002.Done at Brussels, 26 September 2000.For the CouncilThe PresidentC. Tasca(1) OJ L 257, 19.9.1998, p. 37.


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32003D0104

2003/104/EC: Council Decision of 6 February 2003 appointing an alternate member of the Committee of the Regions

Official Journal L 043 , 18/02/2003 P. 0044 - 0044

Council Decisionof 6 February 2003appointing an alternate member of the Committee of the Regions(2003/104/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 Austrian Government,Whereas:(1) The Council adopted Decision 2002/60/EC on 22 January 2002(1) appointing the members and alternate members of the Committee of the Regions.(2) The seat of an alternate member of the Committee of the Regions has become vacant following the resignation of Mr Anton KOCZUR, of which the Council was notified on 28 November 2002,HAS DECIDED AS FOLLOWS:Sole ArticleMr Bernd VÖGERLE is hereby appointed an alternate member of the Committee of the Regions in place of Mr Anton KOCZUR for the remainder of his term of office, which expires on 25 January 2006.Done at Brussels, 6 February 2003.For the CouncilThe PresidentP. Efthymiou(1) OJ L 24, 26.1.2002, p. 38.


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32001D0071

2001/71/EC: Council Decision of 19 January 2001 appointing a Spanish member of the Economic and Social Committee

Official Journal L 026 , 27/01/2001 P. 0034 - 0034

Council Decisionof 19 January 2001appointing a Spanish member of the Economic and Social Committee(2001/71/EC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 258 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 166 thereof,Having regard to the Council Decision of 15 September 1998 appointing the members of the Economic and Social Committee for the period from 21 September 1998 to 20 September 2002(1),Whereas a member's seat on that Committee has fallen vacant following the resignation of Ms Juana BORREGO IZQUIERDO, of which the Council was informed on 13 April 2000;Having regard to the nominations submitted by the Spanish Government,Having obtained the opinion of the Commission of the European Communities,HAS DECIDED AS FOLLOWS:Sole ArticleMr Fernando MORALEDA QUILEZ is hereby appointed a member of the Economic and Social Committee in place of Ms Juana BORREGO IZQUIERDO for the remainder of her term of office, which runs until 20 September 2002.Done at Brussels, 19 January 2001.For the CouncilThe PresidentB. Ringholm(1) OJ L 257, 19.9.1998, p. 37.


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32002D1203(01)

Council Decision of 25 November 2002 appointing Italian members and alternate members of the Advisory Committee on Social Security for Migrant Workers

Official Journal C 299 , 03/12/2002 P. 0001 - 0002

Council Decisionof 25 November 2002appointing Italian members and alternate members of the Advisory Committee on Social Security for Migrant Workers(2002/C 299/01)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, self-employed persons and members of their families moving within the Community(1), and in particular Article 82 thereof,Having regard to the list of candidates submitted to the Council by the Italian Government,Whereas:(1) By its Decision of 23 September 2002(2) the Council appointed the members and alternate members of the Advisory Committee on Social Security for Migrant Workers for the period 23 September 2002 to 22 September 2004, with the exception of the representatives of the Italian trade union and employers' organisations.(2) Members and alternate members of that Committee must be appointed for the remainder of their term of office, i.e. until 22 September 2004,HAS DECIDED AS FOLLOWS:Article 1The following are hereby appointed members and alternate members of the Advisory Committee on Social Security for Migrant Workers for the period 25 November 2002 to 22 September 2004:1. GOVERNMENT REPRESENTATIVES>TABLE>2. REPRESENTATIVES OF EMPLOYERS' ORGANISATIONS>TABLE>Article 2This Decision shall be published, for information, in the Official Journal of the European Communities.Done at Brussels on 25 November 2002.For the CouncilThe PresidentB. Bendtsen(1) OJ L 149, 5.7.1971, p. 2. Regulation last amended by Regulation (EEC) No 1945/93 (OJ L 181, 23.7.1993, p. 1).(2) OJ C 245, 11.10.2002, p. 1.


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31980D0957

80/957/EEC: Council Decision of 7 October 1980 appointing a full member and an alternate member of the Advisory Committee on Safety, Hygiene and Health Protection at Work

Official Journal L 269 , 14/10/1980 P. 0011 - 0011

****( 1 ) OJ NO L 185 , 9 . 7 . 1974 , P . 15 .    COUNCIL DECISION   OF 7 OCTOBER 1980   APPOINTING A FULL MEMBER AND AN ALTERNATE MEMBER OF THE ADVISORY COMMITTEE ON SAFETY , HYGIENE AND HEALTH PROTECTION AT WORK  ( 80/957/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO THE COUNCIL DECISION OF 27 JUNE 1974 ON THE SETTING UP OF AN ADVISORY COMMITTEE ON SAFETY , HYGIENE AND HEALTH PROTECTION AT WORK ( 1 ), AND IN PARTICULAR ARTICLE 4 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 23 NOVEMBER 1978 APPOINTING THE FULL MEMBERS AND ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE ON SAFETY , HYGIENE AND HEALTH PROTECTION AT WORK FOR THE PERIOD ENDING ON 22 NOVEMBER 1981 ,   WHEREAS ONE FULL MEMBER ' S SEAT AND ONE ALTERNATE MEMBER ' S SEAT IN THE WORKERS '  REPRESENTATIVES CATEGORY ON THE AFOREMENTIONED COMMITTEE HAVE BECOME VACANT FOLLOWING THE RESIGNATIONS OF MR DREWSEN AND MR ELIKOFER , NOTIFIED TO THE COUNCIL ON 22 SEPTEMBER 1980 ,   HAVING REGARD TO THE CANDIDATES PROPOSED ON 22 SEPTEMBER 1980 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR JOERGEN ELIKOFER IS HEREBY APPOINTED A FULL MEMBER AND MRS KAREN-LISBETH SVANHOLT AN ALTERNATE MEMBER OF THE ADVISORY COMMITTEE ON SAFETY , HYGIENE AND HEALTH PROTECTION AT WORK IN PLACE OF MR DREWSEN AND MR ELIKOFER FOR THE REMAINDER OF THEIR TERM OF OFFICE , WHICH RUNS UNTIL 22 NOVEMBER 1981 .   DONE AT LUXEMBOURG , 7 OCTOBER 1980 .   FOR THE COUNCIL   THE PRESIDENT   G . THORN


title: 2013/541/EU, Euratom: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the budget of the European Research Council Executive Agency for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/110

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on discharge in respect of the implementation of the budget of the European Research Council Executive Agency for the financial year 2011
   (2013/541/EU, Euratom)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2011 (1),

               —

               having regard to the consolidated annual accounts of the European Union for the financial year 2011 (COM(2012) 436 — C7-0224/2012) (2),

               —

               having regard to the annual accounts of the European Research Council Executive Agency for the financial year 2011,

               —

               having regard to the Commission’s report on the follow-up to the discharge for the 2010 financial year (COM(2012) 585), and to the Commission staff working documents accompanying that report (SWD(2012) 340 and SWD(2012) 330),

               —

               having regard to the Commission’s annual report to the discharge authority on internal audits carried out in 2011 (COM(2012) 563), and to the Commission staff working document accompanying that report (SWD(2012) 283),

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Research Council Executive Agency for the financial year 2011, together with the Agency’s replies (3),

               —

               having regard to the statement of assurance (4) 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 2011 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council’s recommendation of 12 February 2013 on discharge to be given to the executive agencies in respect of the implementation of the budget for the financial year 2011 (05754/2013 — C7-0039/2013),

               —

               having regard to Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union and Article 106a of the Euratom Treaty,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 55, 145, 146 and 147 thereof,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (6), and in particular Articles 62, 164, 165 and 166 thereof,

               —

               having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (7), and in particular Article 14(3) thereof,

               —

               having regard to Commission Regulation (EC) No 1653/2004 of 21 September 2004 on a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) No 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (8), and in particular the first and second paragraphs of Article 66 thereof,

               —

               having regard to Commission Decision 2008/37/EC of 14 December 2007 setting up the European Research Council Executive Agency for the management of the specific Community programme Ideas in the field of frontier research in application of Council Regulation (EC) No 58/2003 (9),

               —

               having regard to Rule 76 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinions of the other committees concerned (A7-0116/2013),

               A.

               whereas under Article 17(1) of the Treaty on European Union the Commission shall execute the budget and manage programmes and shall do so, under Article 317 of the Treaty on the Functioning of the European Union in cooperation with the Member States on its own responsibility, having regard to the principle of sound financial management,

               1.

               Grants the Director of the European Research Council Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2011;

               2.

               Sets out its observations in the resolution that forms an integral part of its Decisions on discharge in respect of the implementation of the general budget of the European Union for the financial year 2011, Section III — Commission and executive agencies;

               3.

               Instructs its President to forward this Decision, together with its Decision on discharge in respect of the implementation of the general budget of the European Union for the financial year 2011, Section III — Commission and the resolution that forms an integral part of those Decisions, to the Director of the European Research Council Executive Agency, the Council, the Commission, the Court of Justice of the European Union 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 L 68, 15.3.2011.

      (2)  OJ C 348, 14.11.2012, p. 1.

      (3)  OJ C 388, 15.12.2012, p. 151.

      (4)  OJ C 348, 14.11.2012, p. 130.

      (5)  OJ L 248, 16.9.2002, p. 1.

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

      (7)  OJ L 11, 16.1.2003, p. 1.

      (8)  OJ L 297, 22.9.2004, p. 6.

      (9)  OJ L 9, 12.1.2008, p. 15.


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31991D0064

91/64/EEC: Council Decision of 18 December 1990 concerning the conclusion of the Agreement between the European Economic Community and the Federative Republic of Brazil on trade in textile products

Official Journal L 040 , 13/02/1991 P. 0039 - 0072

COUNCIL DECISION of 18 December 1990 concerning the conclusion of the Agreement between the European Economic Community and the Federative Republic of Brazil on trade in textile products (91/64/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,Having regard to the proposal from the Commission,Whereas the Agreement negotiated between the European Economic Community and the Federative Republic of Brazil on trade in textile products initialled in Brussels on 12 September 1986 and applied on a provisional basis by Decision 87/470/EEC (1), as from 1 January 1987, should be approved,HAS DECIDED AS FOLLOWS: Article 1The Agreement between the European Economic Community and the Federative Republic of Brazil on tradein textile products is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision. Article 2The President of the Council is hereby authorized to designate the person empowered to sign the above Agreement in order to bind the Community.Done at Brussels, 18 December 1990.For the CouncilThe PresidentG. DE MICHELIS(1) OJ N° L 263, 14. 9. 1987, p. 1.


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32003D0371

2003/371/EC: Commission Decision of 22 May 2003 terminating the anti-dumping proceeding concerning imports of recordable compact disks originating in India

Official Journal L 127 , 23/05/2003 P. 0060 - 0063

Commission Decisionof 22 May 2003terminating the anti-dumping proceeding concerning imports of recordable compact disks originating in India(2003/371/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1), as last amended by Regulation (EC) No 1972/2002(2), and in particular Article 9 thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE(1) On 17 May 2002, the Commission announced, by a notice published in the Official Journal of the European Communities(3), the initiation of an anti-dumping proceeding with regard to imports into the Community of recordable compact disks (CD-Rs) originating in India.(2) The proceeding was initiated as a result of a complaint lodged in April 2002 by the Committee of CD-R manufacturers (CECMA), acting on behalf of producers representing a major proportion of the total Community production of CD-Rs. The complaint contained evidence of dumping of the said product and of material injury resulting therefrom, which was considered sufficient to justify the initiation of an anti-dumping proceeding.(3) There are definitive anti-dumping measures currently in force on imports of CD-Rs originating in Taiwan (Council Regulation (EC) No 1050/2002(4)). A parallel anti-subsidy proceeding concerning imports into the Community of the same product originating in India was initiated by a notice published in the Official Journal of the European Communities(5) on the same date of the initiation of the anti-dumping proceeding referred to in recital 1.(4) The Commission officially advised the applicant and the other known Community producers, the exporting producer, importers, users and suppliers known to be concerned as well as the representatives of India of the initiation of the proceeding. The parties directly concerned were given an opportunity to make their views known in writing and to request a hearing within the time limit set in the notice of initiation.(5) The exporting producer in India, as well as the applicant and other Community producers, importers, consumers association and suppliers, made their views known in writing. All parties who so requested within the above time limit and indicated that there were particular reasons why they should be heard were granted a hearing.(6) Certain parties contended that the applicant Community producers did not fulfil the requirements of Article 5(4) of Council Regulation (EC) No 384/96 (basic Regulation) and that the initiation of the investigation was not warranted. In this respect, it should be noted that both statutory pre-initiation thresholds, namely the 25 % and 50 % thresholds of Article 5(4), were met and, therefore, the investigation could be initiated.(7) The Commission sought, by means of questionnaires sent to all known parties, and verified all the information it deemed necessary for the purpose of a determination of dumping, injury and Community interest. In this regard, the Commission carried out verification visits at the premises of the following companies:(a) Exporting producer in India:- Moser Baer India Ltd., New Delhi, India;(b) Producers in the Community:- Computer Support Italcard SRL, Milan, Italy,- C.D.A Datenträger Albrechts GmbH, Albrechts, Germany,- CPO Magnetic Products BV, Oosterhout, the Netherlands,- Fuji Magnetics GmbH, Kleve, Germany,- Mitsui Advanced Media SA, Ensisheim, France,- MPO Media SAS, Averton, France,- TDK Recording Media Europe SA, Bascharage, Luxembourg,- Prime Disc Technologies GmbH, Wiesbaden, Germany,- IMAG Optical Storage Ltd, Limerick, Ireland,- Multimedia Info-Tech Ltd, Belfast, Northern Ireland;(c) Suppliers in the Community:- Bayer AG, Leverkusen, Germany,- Steag Hamatech, Sternenfels, Germany,(8) The investigation of dumping and injury covered the period from 1 April 2001 to 31 March 2002 (investigation period or IP). The examination of trends relevant for the assessment of injury covered the period from 1 January 1998 to the end of the investigation period.B. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT1. Product under consideration(9) The product under consideration is recordable compact discs (CD-Rs) currently classifiable under CN code ex 8523 90 00.(10) A CD-R is a polycarbonate disc, which is coated with a layer of dye, a layer of reflective material such as gold or silver and a protective layer. Recording on such a disk can be done only once and therefore the disc is said to be of the type WORM (Write Once Read Many). The disc is an optical storage medium for digital data or music. Recording is realised by exposing the dye-layer to an infrared laser beam in a CD-R recorder.CD-Rs can be distinguished according to the type of data stored (data CD-R versus music CD-R), the storage capacity, the reflective metal layer (mainly silver) and whether or not the CD-R is printed upon.The product is also sold in different qualities and comes on the market in different types of packaging of which the most frequently encountered are regular or slim jewel cases containing one CD-R, shrink-wrapped spindles of 10 to 100 CD-Rs, cake-boxes of 10 to 100 CD-Rs, envelopes containing one CD-R packed in cellophane, or in a carton or paper sleeve, etc.Although the use and the quality of the various types of CD-Rs sold may differ, this does not entail any significant differences in the basic physical and technical characteristics of the different types. They are therefore considered as one product for the purpose of this investigation.2. Like product(11) The investigation showed that CD-Rs produced and sold on the domestic market of India have similar basic physical and technical characteristics and uses compared with that exported from this country to the Community. Similarly, CD-Rs manufactured by the applicant and other Community producers and sold on the Community market have similar basic physical and technical characteristics and uses when compared to these exported to the Community from the country in question.(12) Consequently, CD-Rs sold on the domestic market of India and exported to the Community as well as CD-Rs produced and sold in the Community are considered as a like product within the meaning of Article 1(4) of the basic Regulation.C. DUMPING(13) The investigation has shown that Moser Baer India Ltd. is the sole exporting producer of the product concerned in India.1. Normal value(14) In accordance with Article 2(2) of the basic Regulation, the Commission first examined whether the domestic sales of CD-Rs to independent customers by the sole exporting producer were representative, i.e. whether the total volume of such sales was equal to or greater than 5 % of the total volume of the corresponding export sales to the Community.(15) This assessment revealed that the exporting producer had representative sales of CD-Rs on the domestic market during the IP.(16) The Commission considered domestically sold and exported product types, which had similar storage capacity, metal layer, printing, quality and uses, as being directly comparable.(17) Domestic sales of a particular product type were considered as sufficiently representative when the total domestic sales volume of that type during the IP represented 5 % or more of the total sales volume of the comparable product type exported to the Community.(18) The Commission subsequently examined whether the domestic sales of the exporting producer could be considered as being made in the ordinary course of trade pursuant to Article 2(4) of the basic Regulation.This was done by establishing the proportion of domestic sales to independent customers, of each exported product type, sold at a loss on the domestic market during the IP. For those product types where more than 80 % by volume of sales on the domestic market were not below unit costs, and where the weighted average sales price was equal to or higher than the weighted average production cost, normal value, by product type, was calculated as the weighted average of all domestic sales prices of the type in question.(19) For all types exported to the Community, domestic sales were found to have been made in the ordinary course of trade. Normal value was, therefore, based for the corresponding product type on the actual prices paid or payable, by independent customers in the domestic market of India, during the IP, as set out in Article 2(1) of the basic Regulation.(20) Where necessary, the manufacturing costs and the selling, general and administrative (SG& A) expenses reported were corrected before being used in the ordinary course of trade test.2. Export price(21) Certain exports of the product under consideration by the exporting producer were made directly to independent customers in the Community and consequently the export price was established in accordance with Article 2(8) of the basic Regulation, on the basis of export prices actually paid or payable.(22) The exporting producer also sold the product concerned to related parties in the Community. For these exports, the export price was established in accordance with Article 2(9) of the basic Regulation, on the basis of prices at which the imported products were first resold to an independent buyer. For this purpose, adjustments were made to take account of all costs, including duties and taxes, incurred between importation and resale, and of profits normally accruing, so that a reliable export price could be established.3. Comparison(23) The comparison between normal value and export price for the exporting producer concerned was made on an ex-factory basis. For the purpose of ensuring a fair comparison between the normal value and the export price, due allowance in the form of adjustments was made for differences affecting price comparability in accordance with Article 2(10) of the basic Regulation. In this respect, allowances for differences in transport costs, ocean freight and insurance costs, handling, loading and ancillary costs, packing costs, credit costs and commissions have been granted where applicable and justified.(24) The exporting producer claimed a special adjustment for differences in the level of trade pursuant to Article 2(10)(d) of the basic Regulation. The company argued that its domestic market is formed mainly by distributors and retailers while in the export market there are either OEM (i.e. original equipment manufacturers) sales or sales through distributors. In view of the absence of retailers in the export market, the exporting producer claimed an adjustment on sales prices to retailers quantified at the level of a weighted average price difference between sales prices to retailers and those to distributors in the domestic market.(25) It is noted that the exporting producer did not claim an adjustment which may arise in OEM sales. Furthermore, it has not shown that there are differences in functions of the seller for sales in the domestic market to retailers and to distributors which could affect the comparability of export price and normal value. More importantly, the investigation has shown that the vast majority of its exports to the Community concerned OEM sales, whilst such sales did not exist in the domestic market. The majority of the domestic sales were sales to distributors and only a minor proportion were sales to retailers. The request for a level of trade adjustment thus rests on the assumption that the distribution level on the domestic side is comparable to the level of OEM sales on the export side. In view of the conclusions reached in recital 27, it was decided not to pursue this matter further and consequently no adjustment was made for the alleged differences in the level of trade.4. Dumping margin(26) Pursuant to Article 2(11) of the basic Regulation, the weighted average normal value by product type was compared with the weighted average export price by product type.(27) The calculation has shown no dumping for Moser Baer India Ltd. Given that this is the sole exporting producer in India, and pursuant to Article 9(3) of the basic Regulation, the Commission concludes that the anti-dumping proceeding concerning CD-Rs originating in India should be terminated without the imposition of measures.D. INJURY(28) In view of the conclusions concerning dumping, it was not considered necessary to analyse injury, causality and Community interest aspects arising from the investigation since this would not alter the conclusions reached.E. CONCLUSION(29) All parties concerned were informed of the essential facts and considerations on the basis of which the termination of the anti-dumping proceeding would be based. They were granted a period within which to make representations subsequent to the disclosure. Representations received further to the disclosure did not however provide any new elements which could affect the above findings.(30) In particular, CECMA claimed that there was a particular market situation and the normal value should have been constructed because the domestic sales did not permit a proper comparison since the sole exporting producer operates an Export Oriented Unit which received countervailable subsidies. CECMA also claimed that the "strategy" of the exporting producer to sell only low quality CD-Rs in its domestic market must be regarded as a particular market situation.(31) As set out in recitals 14 to 20 above, the investigation has shown that the domestic sales were sufficiently representative and in the ordinary course of trade. The quality of CD-Rs was taken into account when comparing domestically sold and exported product types. No particular market situation was established, which could allow the use of constructed normal value in accordance with Article 2(3) of the basic Regulation. The existence of any countervailable subsidies is the subject of the parallel anti-subsidy investigation and has not affected the establishment of normal value.(32) In view of the findings set out above, the Commission considers that the anti-dumping proceeding concerning imports into the Community of CD-Rs originating in India should be terminated,HAS DECIDED AS FOLLOWS:Sole ArticleThe anti-dumping proceeding concerning imports into the Community of recordable compact discs (CD-Rs) currently classifiable within CN code ex 8523 90 00 and originating in India is hereby terminated.Done at Brussels, 22 May 2003.For the CommissionPascal LamyMember of the Commission(1) OJ L 56, 6.3.1996, p. 1.(2) OJ L 305, 7.11.2002, p. 1.(3) OJ C 116, 17.5.2002, p. 2.(4) OJ L 160, 18.6.2002, p. 2.(5) OJ C 116, 17.5.2002, p. 4.


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31995D0219

95/219/EC: Council Decision of 12 April 1995 appointing a member of the Committee of the Regions

Official Journal L 135 , 21/06/1995 P. 0016 - 0016

COUNCIL DECISION of 12 April 1995 appointing a member of the Committee of the Regions (95/219/EC) THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 198a thereof,Having regard to Council Decision 94/65/EC of 26 January 1994 appointing the members of the Committee of the Regions for the period 26 January 1994 to 25 January 1998 (1),Having regard to Council Decision 95/15/EC of 23 January 1995 appointing the members and alternate members of the Committee of the Regions (2), following the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union,Whereas a seat has become vacant on the Committee of the Regions following the resignation of Mr Josef Ratzenböck,Having regard to the proposal from the Austrian Government,HAS DECIDED AS FOLLOWS:Sole Article Mr Josef Pühringer is hereby appointed a member of the Committee of the Regions in place of Mr Josef Ratzenböck for the remainder of the latter's term of office, which expires on 25 January 1998.Done at Brussels, 12 April 1995.For the CouncilThe PresidentA. JUPPÉ(1) OJ No L 31, 4. 2. 1994, p. 29.(2) OJ No L 25, 2. 2. 1995, p. 20.


title: 2008/34/EC: Council Decision of 6 December 2007 appointing a Finnish alternate member to the Committee of the Regions

text:
               11.1.2008

               EN

               Official Journal of the European Union

               L 8/12

      COUNCIL DECISION

   of 6 December 2007
   appointing a Finnish alternate member to the Committee of the Regions
   (2008/34/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 Finnish Government,
   Whereas:

               (1)

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

               (2)

               One alternate member’s seat on the Committee of the Regions has become vacant following the resignation of Mr Håkan NORDMAN,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Ms Martina MALMBERG, chair of the municipal council of Inkoo, is hereby appointed alternate member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2010.
   Article 2
   This Decision shall take effect on the date of its adoption.

      Done at Brussels, 6 December 2007.

            For the Council

            The President

         A. COSTA

      (1)  OJ L 56, 25.2.2006, p. 75.


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31998D0618

98/618/EC: Commission Decision of 23 October 1998 under the provisions of Council Regulation (EC) No 3286/94 concerning measures maintained by the Republic of Argentina on the export of bovine hides and the import of finished leather (notified under document number C(1998) 3206)

Official Journal L 295 , 04/11/1998 P. 0046 - 0049

COMMISSION DECISION of 23 October 1998 under the provisions of Council Regulation (EC) No 3286/94 concerning measures maintained by the Republic of Argentina on the export of bovine hides and the import of finished leather (notified under document number C(1998) 3206) (98/618/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organisation (WTO) (1), as amended by Regulation (EC) No 356/95 (2), and in particular Articles 13 and 14 thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE (1) On 8 January 1997 the Commission received a complaint pursuant to Article 4 of Regulation (EC) No 3286/94 (hereafter the 'Regulation`). The complaint was lodged by Cotance, the Confederation of National Associations of Tanners and Dressers of the European Community, on behalf of those of its members that are engaged in production and/or finishing of bovine leather.(2) The complainant alleged that a number of Argentinian measures on the export of raw and semi-tanned bovine hides and the import of finished leather are inconsistent with several provisions of the Agreement establishing the World Trade Organisation (hereafter 'WTO Agreement`) and its Annexes and that these measures are causing adverse trade effects to its member companies. On that basis the complainant asked the Commission to take the necessary actions to convince Argentina to repeal these practices consisting of: (a) a de facto export ban on raw hides; (b) a customs control procedure for raw hides in which experts of the Argentinian tanning industry participate; (c) the payment of additional value added tax and a statistic duty on finished leather imports; and (d) the advance payment of turnover tax when importing finished leather.(3) The complaint contained sufficient prima facie evidence to justify the initiation of a Community examination procedure pursuant to Article 8 of the Regulation. Consequently, an examination procedure was initiated on 26 February 1997 (3).(4) Following the initiation of the Community examination procedure the Commission conducted an in-depth legal and factual investigation. Based on the findings of this investigation the Commission reached the conclusions which are indicated below.B. FINDINGS REGARDING THE EXISTENCE OF AN OBSTACLE TO TRADE (5) The investigation revealed that the Argentinian export regime for raw and semi-tanned bovine hides operate as a de facto export prohibition. It appears that, since 1972, the Argentinian authorities have shown a constant will to prohibit the export of raw and semi-tanned bovine hides by means of various measures, which all have succeeded in considerably restricting and finally making impossible the export of raw and semi-tanned bovine hides. Before 1972 there were regular and important trade flows in hides between Argentina and the Community.The fact that this export regime succeeded in reaching its objective is demonstrated by the following elements: (a) the Argentinian authorities admit that there have been no (legal) exports of raw and semi-tanned bovine hides since 1987; (b) hide traders state that it is impossible to buy hides in Argentina for export purposes; and (c) the Argentinian tanning industry admits that the Argentinian hide market is not a free market. Furthermore, by availing themselves of Article XI:2(a) of GATT 1994, which is an exemption to the obligation not to maintain prohibitions or restrictions on exports, the Argentinian authorities appear to suggest that the country is maintaining an export prohibition, or at least export restrictions, in the sense of Article XI:1. Finally, an analysis based on Argentinian and US prices shows that, even after allowing for the export duty on bovine hides which exists in Argentina, the price of Argentinian hides should normally have reached a level at which it would have been possible to export.This factual evidence indicates that Argentina maintains a de facto ban on the export of raw and semi-tanned bovine hides. Moreover, the investigation uncovered at least one government measure (namely the authorisation granted to the tanning industry to participate in customs control procedures of hides before export) designed to enforce this ban. Export prohibitions or restrictions are expressly ruled out by Article XI of GATT 1994. This provision thus provides the Community a right of action within the meaning of Article 2(1) of the Regulation against Argentina.(6) Personnel appointed by the Argentinian chamber for the tanning industry are authorised to assist the Argentinian customs authorities in carrying out customs controls of raw and semi-tanned bovine hides before exports. Apart from being part of the export regime designed to make exports of hides impossible, this practice is in itself challengable under the provisions of GATT 1994. The participation of representatives of an industry which has an obvious interest in impeding the export of its raw material does not guarantee the impartial management of such procedure in the sense of Article X:3(a) of GATT 1994.Therefore, with regard to this practice Article X:3(a) of GATT 1994 read in conjunction with Article XI:1 constitute international trade rules conferring on the Community a right of action within the meaning of Article 2(1) of the Regulation.(7) Argentina applies an 'additional VAT` of 9 % on imported products. In practice this means that the VAT rate for imported goods is 30 % instead of 21 % for goods purchased on the domestic market. The VAT rate for imported goods is thus discriminatory when compared to the rate applied on domestic sales. The fact that the 'additional` VAT is only an instalment that can be deducted from the final settlement of VAT does not affect this analysis. Therefore the additional VAT is to be considered as a breach of the national treatment principle enshrined in Article III:2 of GATT 1994 which constitutes an international trade rule conferring the Community a right of action within the meaning of Article 2(1) of the Regulation.(8) Operators who import foreign goods into Argentina must pay an 'advance turnover tax` of 3 % of the price of the goods. Although it is treated as a credit for the taxpayer when he presents his tax declaration it clearly implies a discrimination in favour of Argentinian input material for the manufacture and finished consumer goods. Therefore, also with regard to this 'advance turnover tax`, Article III:2 of GATT 1994 constitutes an international trade rule conferring the Community a right of action within the meaning of Article 2(1) of the Regulation.(9) Under these circumstances the Commission considers that the complainant's allegations are well-founded.(10) The Commission nonetheless considers that reference to the above legal bases does not rule out recourse to any other pertinent provision of the WTO Agreement and of the Agreements annexed to it, which could be of use in procedures before the WTO.C. FINDINGS REGARDING ADVERSE TRADE EFFECTS (11) At present, the export prohibition makes it totally impossible for Community tanners to purchase raw bovine hides in Argentina, although this investigation has shown that, for various reasons, Community tanneries are very interested in sourcing bovine hides from Argentina.(12) Despite Argentina's important hide production, its contribution to international trade in bovine hides is negligible. Argentina's absence from international trade in this commodity reduces the international availability of this product and consequently affects the Community tanning sector's security of supply.(13) The Argentinian measures on the export of bovine hides entail a further risk of further proliferation of export restrictions. In this regard, Argentina's Mercosur partners may be a matter for concern.(14) The Community tanning sector depends heavily on imported hides. As a result of export restrictions maintained by Argentina and subsequently by other countries, tanneries need more supplying countries for an ever growing part of their supplies, which implies increasing uncertainty and additional costs.(15) As a result of the export measures, the Argentinian market is insulated from the casual movements of world market prices, which leads to an artificial reduction of the local price for Argentinian hides.(16) Because raw material prices are artificially low, Argentinian tanners have a cost advantage over foreign manufacturers that have to pay prices influenced by the world markets. Given the high share of raw material in leather production costs, the cost advantage of Argentinian tanners is therefore considerable. It is therefore established that, with an artificially cheap raw material, Argentinian bovine leather tanners can undercut their EC competitors substantially.(17) Argentina has significantly increased its exports of finished leather since the implementation of export restrictions as from 1972. Since the Argentinian leather producers benefit from a considerable unfair competitive advantage, it is clear that an important part of their export successes stem from this advantage. Under normal and fair circumstances of competition, Community tanners could at least have held part of the market shares that are now held by Argentinian leather throughout the world.(18) Most EC bovine leather tanners have lost market shares in the Community since the beginning of the decade, while Argentina increased its market share in a number of Community Member States. Here again parts of these market share gains are due to the Argentinian tanners' unfair competitive advantage.(19) The Argentinian measures on exports of raw and semi-tanned bovine hides seriously impede trade flows in these products and endanger the Community tanning industry's security of supply in raw materials. They also result in an unfair competitive advantage for Argentinian leather producers, which allows them to undercut prices of their EC competitors. Therefore, the Commission concluded that abovementioned effects do constitute adverse trade effects within the meaning of Article 2(4) of the Regulation. Moreover, the Commission found that, as in the event of an Argentinian upswing in the demand of Community leather they may discourage processors from buying Community leather, the additional VAT on imports and the advance payment of income tax raised on imports result in potentially adverse trade effects that are likely to develop into actual trade effects within the meaning of Article 2(4) of the Regulation.D. COMMUNITY INTEREST (20) Ensuring that WTO partners fully comply with their obligations is of the utmost importance for the Community which has committed itself to the same obligations.(21) If the Community does not react against the present barriers to trade, the number of countries maintaining export restrictions or prohibitions may increase further in the coming years, adding new and severe distortions to trade, which will further affect Community producers of leather.(22) The Argentinian practices affect a Community tanning industry which is faced with increasing low-cost competition from Asian and Latin American tanners. In a world leather market where the number of participants is growing, the market share available to each is getting smaller and smaller. In such a context any unfair competitive advantage leads to severe market distortions, and should therefore effectively be challenged.E. CONCLUSIONS AND MEASURES TO BE TAKEN (23) The investigation has established that it will take no remedy other than a radical change in the regime applicable in Argentina to exports of bovine hides and imports of finished leather to eliminate the actual and potential adverse trade effects of abovementioned obstacles to trade.(24) Intensive discussions have been held with the relevant Argentinian authorities to discuss this matter further aimed at finding an amicable solution to the problems concerning hide and leather trade. More particularly, the Commission services met the Argentinian authorities on 30 and 31 March 1998 in Buenos Aires. On this occasion, the Argentinian authorities agreed to the objective of fully liberalising their hide exports by January 2000 and accepted to notify the phasing out scheme of the export tax on bovine hides to the WTO. The Argentinian authorities also showed a certain flexibility and agreed to explore the possible means to amend the customs regulation authorising the Argentinian leather industry to participate in customs control of hides before export.However, despite their expressed willingness to find a mutually satisfactory solution and after five months of discussing the modalities of such a solution with the Commission, the Argentinian authorities have so far failed to notify their objective of fully liberalising trade in hides and the phasing out scheme of the export tax on bovine hides to the WTO, and have not yet amended the Regulation on customs control of hides before export.(25) In these circumstances, it appears that the interests of the Community call for initiation of WTO dispute settlement proceedings,HAS DECIDED:Article 1 1. The tacit export prohibition on bovine hides, the participation of representatives of the tanning industry in customs control procedures of hides before export, the additional value added tax on imported products and the advance payment of turnover tax maintained by the Republic of Argentina constitute an 'obstacle to trade` within the meaning of Article 2 of Council Regulation (EC) No 3286/94.2. The Community will commence action against the Republic of Argentina under the Understanding on the Rules and Procedures for the Settlement of Disputes and other relevant WTO provisions with a view to securing removal of the obstacle to trade.Article 2 This Decision shall apply from the date of its publication in the Official Journal of the European Communities.Done at Brussels, 23 October 1998.For the CommissionLeon BRITTANVice-President(1) OJ L 349, 31. 12. 1994, p. 71.(2) OJ L 41, 23. 2. 1995, p. 3.(3) OJ C 59, 26. 2. 1997, p. 6.


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31993D0505

93/505/EEC: Council Decision of 13 September 1993 concerning notification of the acceptance by the Community of the International Coffee Agreement 1983, as extended to 30 September 1994

Official Journal L 237 , 22/09/1993 P. 0031

COUNCIL DECISION of 13 September 1993 concerning notification of the acceptance by the Community of the International Coffee Agreement 1983, as extended to 30 September 1994(93/505/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 113 and 116 thereof,  Having regard to the proposal from the Commission,  Whereas the Council approved, by Decision 87/485/EEC (1), the International Coffee Agreement 1983, which came into force on 1 October 1983 for a period of six years expiring on 30 September 1989;  Whereas, by resolution No 347 of 4 July 1989, the International Coffee Council decided to extend the Agreement for a period of two years until 30 September 1991; whereas, by resolution No 352 of 28 September 1990, the International Coffee Council  decided to extend the Agreement for a further period of one year until 30 September 1992; whereas, by resolution No 355 of 27 September 1991, the International Coffee Council decided to extend the Agreement for a further period of one year until 30  September 1993; whereas, by resolution No 363 of 7 June 1993 the International Coffee Council decided to extend the Agreement for a further period of one year to 30 September 1994;  Whereas all the Member States have indicated their intention of applying the Agreement;  Whereas the Community and its Member States should simultaneously notify the United Nations Secretary-General of their acceptance of the Agreement as extended until 30 September 1994,  DECIDES:   Article 1  1. In accordance with resolution No 363 of 7 June 1993 of the International Coffee Council, the International Coffee Agreement 1983, as extended until 30 September 1994, is hereby approved on behalf of the European Economic Community.  The text of the resolution is attached to this Decision.  2. The Community and its Member States, once they have completed the necessary internal procedures, shall simultaneously notify the United Nations Secretary-General of their acceptance of the Agreement as extended until 30 September 1994.   Article 2  The President of the Council is hereby authorized to designate the person empowered to deposit, on behalf of the Community, the notification referred to in Article 1 (2).  Done at Brussels, 13 September 1993.  For the Council The President Ph. MAYSTADT  (1) OJ No L 276, 29. 9. 1987, p. 61.     RESOLUTION No 363 (Approved without meeting on 4 June 1993) FURTHER EXTENSION OF THE INTERNATIONAL COFFEE AGREEMENT  THE INTERNATIONAL COFFEE COUNCIL,  Whereas:  The International Coffee Agreement 1983, as extended by resolutions Nos 347, 352 and 355, is due to expire on 30 September 1993;  It is considered that the International Coffee Agreement should be extended for a further period to maintain the International Coffee Organization as a forum for international cooperation on coffee matters and to allow time for the negotiation of a new  Agreement,  RESOLVES:  1. That the International Coffee Agreement 1983, as extended, shall be further extended for a period of one additional year from 1 October 1993 to 30 September 1994.  2. That the International Coffee Agreement 1983, as extended, shall continue in force as from 1 October 1993 in accordance with the provisions of paragraph 1 of this Resolution among those Contracting Parties which have notified their acceptance, in  accordance with their laws and regulations, of such further extension to the Secretary-General of the United Nations by 30 September 1993, if on that date such Contracting Parties represent at least 20 exporting members holding a majority of the votes  of the exporting members, and at least 10 importing members holding a majority of the votes of the importing members. The votes for this purpose shall be calculated as at 30 June 1993. Such notifications shall be signed by the Head of State or  Government, or Minister for Foreign Affairs, or made under full powers signed by one of the foregoing. In the case of an international organization, the notification shall be signed by a representative duly authorized in accordance with the rules of the  Organization, or made under full powers signed by such a representative.  3. That a notification by a contracting party containing an undertaking to apply the extended Agreement provisionally, in accordance with its laws and regulations, which is received by the Secretary-General of the United Nations not later than 30  September 1993 shall be regarded as equal in effect to a notification of acceptance of the further extension of the International Coffee Agreement 1983, as extended. Such Contracting Party shall enjoy all the rights and assume all the obligations of a  member. However, if formal notification of acceptance of the further one-year extension of the International Coffee Agreement 1983, as extended, is not received by the Secretary-General of the United Nations by 31 March 1994 or such later date as the  Council may determine, such Contracting Party shall as of that date cease to participate in the Agreement.  4. That any Contracting Party to the International Coffee Agreement 1983, as extended, which has not made the notifications provided for in paragraphs 2 and 3 of this resolution, may accede to the Agreement by 31 March 1994 or such later date as the  Council may determine on condition that on depositing its instrument of accession such Contracting Party undertakes to fulfil all its previous obligations under the Agreement with retroactive effect from 1 October 1993.  5. That if the requirements for the continuation in force for a further period of one year of the International Coffee Agreement 1983, as extended, have not been met in accordance with the provisions of paragraphs 2 and 3 of this resolution, those  Governments which have notified acceptance or provisional application of such further extension shall meet to decide:  (a) whether the Agreement should continue in force among themselves, and, if so, to establish the conditions for the continued operation of the Organization; or (b) whether to make arrangements for the liquidation of the Organization in accordance with the provisions of paragraph 4 of Article 68 of the Agreement.  6. To request the Executive Director to convey this resolution to the Secretary-General of the United Nations.


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31986D0449

86/449/EEC: Council Decision of 8 September 1986 on the conclusion of an Agreement in the form of an Exchange of Letters concerning the provisional application, as from 16 June 1986, of the Agreement amending for the second time the Agreement between the European Economic Community and the Government of the Republic of Guinea-Bissau on fishing off the coast of Guinea-Bissau

Official Journal L 261 , 13/09/1986 P. 0020

*****COUNCIL  DECISION  of 8 September 1986  on the conclusion of an Agreement in the form of an Exchange of Letters concerning the provisional application, as from 16 June 1986, of the Agreement amending for the second time the Agreement between the European Economic Community and the Government of the Republic of Guinea-Bissau on fishing off the coast of Guinea-Bissau  (86/449/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the Agreement between the Government of the Republic of Guinea-Bissau and the European Economic Community on fishing off the coast of Guinea-Bissau (1), signed on 27 February 1980, as amended by the Agreement signed on 15 March 1983 (2),  Having regard to the proposal from the Commission,  Whereas, pursuant to the second paragraph of Article 17 of the Agreement on fishing off the coast of Guinea-Bissau, the Community and the Republic of Guinea-Bissau conducted negotiations to determine the amendments or additions to be made to the Agreement at the end of the second three-year period of application;  Whereas, as a result of these negotiations, an Agreement amending for the second time the abovementioned Agreement on fishing was initialled on 22 May 1986;  Whereas, under that Agreement, fishermen from the enlarged Community retain the fishing opportunities open to them in the waters under the sovereignty or jurisdiction of the Republic of Guinea-Bissau;  Whereas, in order to avoid any interruption in the fishing activities of Community vessels, it is indispensable that the Agreement in question be applied as soon as possible; whereas, for this reason, the two parties initialled an Agreement in the form of an Exchange of Letters approved by Decision 86/182/EEC (3); whereas the said Agreement in the form of an Exchange of Letters should be approved, pending a final decision to be taken on the basis of Article 43 of the Treaty,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement in the form of an Exchange of Letters concerning the provisional application, as from 16 June 1986, of the Agreement amending for the second time the Agreement between the European Economic Community and the Government of the Republic of Guinea-Bissau on fishing off the coast of Guinea-Bissau is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2  The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters referred to in Article 1 in order to bind the Community.  Done at Brussels, 8 September 1986.  For the Council  The President  P. BROOKE  (1) OJ No L 226, 29. 8. 1980, p. 33.  (2) OJ No L 84, 30. 3. 1983, p. 1.  (3) OJ No L 131, 17. 5. 1986, p. 51.


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31998D1114(02)

Council Decision of 9 November 1998 appointing a member of the Advisory Committee on Medical Training

Official Journal C 346 , 14/11/1998 P. 0002 - 0002

COUNCIL DECISION of 9 November 1998 appointing a member of the Advisory Committee on Medical Training (98/C 346/02)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Council Decision 75/364/EEC of 16 June 1975 setting up an Advisory Committee on Medical Training (1), and in particular Articles 3 and 4 thereof,Whereas, by its Decision of 29 June 1998 (2), the Council appointed Mr Steen POULSEN a member of the Committee for the period ending 28 June 2001;Whereas the Danish Government has nominated Ms Runa STURLASSON to replace Mr Steen POULSEN,HAS DECIDED AS FOLLOWS:Sole Article Ms Runa STURLASSON is hereby appointed a member of the Advisory Committee on Medical Training in place of Mr Steen POULSEN for the remainder of the latter's term of office, which ends on 28 June 2001.Done at Brussels, 9 November 1998.For the CouncilThe PresidentJ. FARNLEITNER(1) OJ L 167, 30.6.1975, p. 17.(2) OJ C 222, 16.7.1998, p. 3.