title: 2008/306/EC: Council Decision of 17 March 2008 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and Ukraine in relation to export duties

text:
               16.4.2008

               EN

               Official Journal of the European Union

               L 106/14

         COUNCIL DECISION
   of 17 March 2008
   on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and Ukraine in relation to export duties
   (2008/306/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133(1) in conjunction with the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On 14 June 1994 the European Communities and their Member States and Ukraine signed in Luxembourg the Partnership and Cooperation Agreement (PCA), which entered into force on 1 March 1998.

               (2)

               Considering the commitment of the Community and its Member States and of Ukraine to strengthen the economic integration which constitutes an essential basis of their partnership.

               (3)

               Since March 2007 negotiations have been opened for a new Enhanced Agreement between the EU and Ukraine to replace the PCA.

               (4)

               It is intended that the Enhanced Agreement provide for the creation of a deep and comprehensive Free Trade Area (FTA), as a core element of the Enhanced Agreement, following the accession of Ukraine to the World Trade Organization (WTO).

               (5)

               In the context of the WTO accession negotiations of Ukraine the Commission, on behalf of the Community, negotiated comprehensive market-opening commitments on the part of Ukraine which are of particular importance to the Community, as set out in a Memorandum agreed between the negotiators of Ukraine and the Commission on 17 March 2003.

               (6)

               These commitments will be embodied in the Protocol of Accession of Ukraine to the WTO.

               (7)

               During the WTO accession process of Ukraine the Commission has negotiated on behalf of the Community an Agreement in the form of an Exchange of Letters between the European Community and Ukraine, whereby Ukraine committed to eliminate export duties on trade in goods upon the entry into force of the future EU-Ukraine FTA Agreement.

               (8)

               The Agreement should be approved on behalf of the Community,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement in the form of an Exchange of Letters between the European Community and Ukraine in relation to export duties is hereby approved on behalf of the Community.
   The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Community (1).
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 17 March 2008.

            For the Council

            The President

         I. JARC

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

               16.4.2008

               EN

               Official Journal of the European Union

               L 106/15

         AGREEMENT
   in the form of an Exchange of Letters between the European Community and Ukraine in relation to export duties
   Kiev, 11 December 2007
   Your Excellency,
   In the context of the Partnership and Cooperation Agreement between the European Communities and their Member States, and Ukraine of 14 June 1994, and pursuant to negotiations on the accession of Ukraine to the World Trade Organisation, the purpose of this letter is to confirm that duties applied by Ukraine to goods originating therein and exported to the European Community shall be eliminated upon the entry into force of an EU-Ukraine Free Trade Area agreement, to be negotiated after finalisation of Ukraine’s WTO accession process, in the framework of a new Enhanced Agreement.
   I propose that this letter and your reply to it will establish a formal agreement between us.
   This Agreement will enter into force as from the date on which the European Community receives a written notification from Ukraine to the effect that it has completed the necessary internal procedures.
   I confirm that this letter and your reply establish a formal agreement between us.
   Please accept, Your Excellency, the assurance of my highest consideration.

         On behalf of Ukraine

   Brussels, 1 April 2008
   Your Excellency,
   I confirm the receipt of the letter from the Government of Ukraine dated 11 December 2007 for which I thank you, and which reads as follows:

      ‘In the context of the Partnership and Cooperation Agreement between the European Communities and their Member States, and Ukraine of 14 June 1994, and pursuant to negotiations on the accession of Ukraine to the World Trade Organisation, the purpose of this letter is to confirm that duties applied by Ukraine to goods originating therein and exported to the European Community shall be eliminated upon the entry into force of an EU-Ukraine Free Trade Area agreement, to be negotiated after finalisation of Ukraine’s WTO accession process, in the framework of a new Enhanced Agreement.
      I propose that this letter and your reply to it will establish a formal agreement between us.
      This agreement will enter into force as from the date on which the European Community receives a written notification from Ukraine to the effect that it has completed the necessary internal procedures.
      I confirm that this letter and your reply establish a formal agreement between us.’

   I confirm that the above-quoted letter and my reply will establish a formal agreement between us.
   Please accept, Your Excellency, the assurance of my highest consideration.

         On behalf of the European Community


title: Council Decision (EU) 2015/2236 of 27 November 2015 establishing the position to be taken on behalf of the European Union within the Ministerial Conference of the World Trade Organisation as regards an extension of the moratorium on customs duties on electronic transmissions and the moratorium on non-violation and situation complaints

text:
               3.12.2015

               EN

               Official Journal of the European Union

               L 317/33

         COUNCIL DECISION (EU) 2015/2236
   of 27 November 2015
   establishing the position to be taken on behalf of the European Union within the Ministerial Conference of the World Trade Organisation as regards an extension of the moratorium on customs duties on electronic transmissions and the moratorium on non-violation and situation complaints
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(4), in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               At the 1998 Ministerial Conference of the World Trade Organisation (‘WTO’), a moratorium on customs duties on electronic transmissions (‘e-commerce moratorium’) to the effect that WTO members are to continue their current practice of not imposing customs duties on electronic transmissions was adopted in the form of a declaration. Currently the moratorium takes the form of a WTO Ministerial Conference decision, which has been renewed every 2 years since 1998.

               (2)

               A moratorium on non-violation and situation complaints has continuously been extended at the WTO Ministerial Conference after the expiration of the 5-year period for taking the decision on the scope and modalities of such complaints pursuant to Article 64(3) of the Agreement on Trade-Related Aspects of Intellectual Property Rights (‘TRIPS Agreement’).

               (3)

               At the WTO Ministerial Conference in December 2013, those moratoria were last extended until 2015. Both moratoria should be further extended at any forthcoming WTO Ministerial Conference or should be made permanent where a consensus to that effect arises in ongoing or future discussions.

               (4)

               It is in the interest of the Union to give its support to the extension of the e-commerce moratorium on an indefinite basis. It is also in the Union's interest to extend the moratorium on non-violation and situation complaints until the Ministerial Conference approves the recommendations of the Council for TRIPS with regard to the scope and modalities of non-violation and situation complaints pursuant to Article 64(3) of the TRIPS Agreement,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken on behalf of the European Union within the Ministerial Conference of the World Trade Organisation is to support an extension of the moratorium on customs duties on electronic transmissions on an indefinite basis and to support an extension of the moratorium on complaints of the types provided for under subparagraphs 1(b) and 1(c) of Article XXIII of the General Agreement on Tariffs and Trade 1994 (‘non-violation and situation complaints’), until the Ministerial Conference takes a decision on the scope and modalities of the non-violation and situation complaints.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 27 November 2015.

            For the Council

            The President

         J. ASSELBORN


title: Commission Decision of 29 January 1976 appointing one of its representatives to the Management Board of the European Centre for the Development of Vocational Training

text:
No L 33/38                             Official Journal of the European Communities                     7. 2. 76
                                                 COMMISSION DECISION
                                                     of 29 January 1976
            appointing one of its representatives to the Management Board of the European
                                Centre for the Development of Vocational Training
                                                         76/ 184/ EEC)
             THE COMMISSION OF THE EUROPEAN COMMUNITIES,
             Having regard to the Treaty establishing the European Economic Community,
             Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing a
             European Centre for the Development of Vocational Training ('), and in particular Article
             4 thereof,
             Having regard to the Commission Decision of 22 October 1975 on the appointing, for
             the period from 16 October 1975 to 15 October 1978 , of its representatives to the Manage
             ment Board of the European Centre for the Development of Vocational Training (2),
             Whereas, in a letter of 18 December 1975, the Commission was informed of Mr Michael
             Shanks' resignation as a member of the abovementioned Management Board with effect
             from 6 February 1976 ;
             Whereas, in view of the special contribution which the Commission's representatives are
             expected to make to the work of this body of the centre, it is desirable that they be
             chosen on the basis of their particular qualifications,
             HAS DECIDED AS FOLLOWS :
                                                          Sole Article
             Mr Jean Degimbe, in his capacity as Director General for Social Affairs, is appointed a
             member of the Management Board of the European Centre for the Development of Voca
             tional Training as representative of the Commission , to replace Mr Shanks for the period
             6 February 1976 to 15 October 1978 .
              Done at Brussels, 29 January 1976.
                                                                         For the Commission
                                                                          Patrick J. HILLERY
                                                                             Vice-President
 (») OJ No L 39 , 13 . 2. 1975, p. 1 .
 (2) OJ No L 279 , 30 . 10 . 1975, p . 28 .


Important legal notice

|

52007BP0133(01)

1. European Parliament decision of 24 April 2007 on the discharge for implementation of the European Union general budget for the financial year 2005, Section I - European Parliament (C6-0465/2006 - 2006/2071(DEC))

Official Journal 074 E , 20/03/2008 P. 0320 - 0321

		1.European Parliament decision of 24 April 2007 on the discharge for implementation of the European Union general budget for the financial year 2005, Section I — European Parliament (C6-0465/2006 — 2006/2071(DEC))The European Parliament,- having regard to the European Union general budget for the financial year 2005 [1],- having regard to the final annual accounts of the European Communities for the financial year 2005 — Volume I (SEC(2006)0915 — C6-0465/2006) [2],- having regard to the Report on budgetary and financial management for the financial year 2005, Section I — European Parliament [3],- having regard to the Internal Auditor's annual report for 2005,- having regard to the Annual Report of the Court of Auditors on the implementation of the budget for the financial year 2005, together with the institutions' replies [4],- 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 [5],- having regard to Articles 272(10) and 275 of the EC Treaty and Article 179a 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 [6], and in particular Articles 145, 146 and 147 thereof,- having regard to Article 13 of the Internal Rules for the implementation of the European Parliament's budget [7],- having regard to Article 147(1) of the Financial Regulation, which requires each Community institution to take all appropriate steps to act on the observations accompanying the European Parliament's discharge decision,- having regard to Rules 71 and 74(3) of and Annex V to its Rules of Procedure,- having regard to the report of the Committee on Budgetary Control (A6-0094/2007),A. whereas the Court of Auditors' audit did not reveal any material errors (paragraph 10.4),B. whereas the Court of Auditors pointed to persistent weaknesses in supervisory and control systems (paragraphs 10.5 to 10.10),C. whereas the Parliament in its replies outlined the measures taken to overcome the weaknesses observed by the Court of Auditors,D. whereas Parliament's Rules of Procedure were amended on 23 October 2002 to provide that discharge is to be given to the President rather than to the Secretary-General,1. Grants its President discharge for implementation of the European Parliament 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 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).[1] OJ L 60, 8.3 2005.[2] OJ C 264, 31.10.2006, p. 1.[3] DV/614096EN.doc.[4] OJ C 263, 31.10.2006, p. 1.[5] OJ C 263, 31.10.2006, p. 10.[6] 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).[7] PE 349.540/Bur/ann/def.--------------------------------------------------


title: 2013/371/EU: Council Decision of 9 July 2013 appointing a Dutch member and a Dutch alternate member of the Committee of the Regions

text:
               11.7.2013

               EN

               Official Journal of the European Union

               L 190/90

      COUNCIL DECISION

   of 9 July 2013
   appointing a Dutch member and a Dutch alternate member of the Committee of the Regions
   (2013/371/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Dutch Government,
   Whereas:

               (1)

               On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

               (2)

               A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Ms Annemieke TRAAG.

               (3)

               An alternate member’s seat will become vacant following the appointment of Mr Rogier van der SANDE as member of the Committee of the Regions,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

               (a)

               as member:

                           —

                           Mr Rogier van der SANDE, member of the Executive Council of the Province of Zuid-Holland;

                     and

               (b)

               as alternate member:

                           —

                           Ms Annemieke TRAAG, member of the Executive Council of the Province of Gelderland.

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

      Done at Brussels, 9 July 2013.

            For the Council

            The President

         R. ŠADŽIUS

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

      (2)  OJ L 12, 19.1.2010, p. 11.


title: Council Decision of 21 March 1974 on the conclusion of the Agreement between the European Economic Community and the Arab Republic of Syria on the supply of flour of common wheat as food aid

text:
6. 5 . 74                       Official Journal of the European Communities                          No L 123 / 1
                                                         II
                                    (Acts whose publication is not obligatory)
                                                COUNCIL
                                             COUNCIL DECISION
                                                of 21 March 1974
              on the conclusion of the Agreement between the European Economic Commu
              nity and the Arab Republic of Syria on the supply of flour of common wheat as
                                                      food aid
                                                   (74/21 6/ EEC)
THE COUNCIL OF THE EUROPEAN                                   HAS DECIDED AS FOLLOWS :
COMMUNITIES,
                                                                                Article 1
Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 113 ,          The Agreement between the European Economic
1 14 and 228 thereof ;                                        Community and the Arab Republic of Syria on the
                                                              supply of flour of common wheat as food aid, the text
Having regard to the recommendation from the                  whereof is annexed hereto, is hereby concluded on
Commission ;
                                                              behalf of the Community.
Whereas the European Economic Community has
deposited a Declaration of provisional application of                               Article 2
the 1971 Food Aid Convention ; whereas that Conven
tion has been applicable since 1 July 1971 ;                  The President of the Council is hereby authorized to
Whereas by its letters of 30 November 1971 and 20
                                                              designate the persons empowered to sign the Agree
                                                              ment and to confer on them the necessary powers to
September 1972 the Arab Republic of Syria has                 bind the Community.
requested food aid ;
Whereas in view of the cereal supply situation in Syria
that country should be accorded , by way of gift,             Done at Brussels , 21 March 1974 .
22 000 metric tons of common wheat, in the form of
14 570 metric tons of flour of common wheat,
whereof 1 5 000 metric tons should be accorded under                                     For the Council
the Community Food Aid Programme (cereals) for                                            The President
1971 / 72, and 7 000 metric tons under the 1972/ 73
programme ,                                                                                J. ERTL


title: 2007/222/EC: Commission Decision of 4 April 2007 declaring operational the Regional Advisory Council for the south-western waters under the common fisheries policy

text:
               5.4.2007

               EN

               Official Journal of the European Union

               L 95/52

      COMMISSION DECISION

   of 4 April 2007
   declaring operational the Regional Advisory Council for the south-western waters under the common fisheries policy
   (2007/222/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Decision 2004/585/EC of 19 July 2004 establishing Regional Advisory Councils under the common fisheries policy (1), and in particular Article 3(3) thereof,
   Having regard to the recommendation transmitted by France on 9 February 2007 on behalf of Belgium, Spain, France, the Netherlands and Portugal,
   Whereas:

               (1)

               Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy (2) and Decision 2004/585/EC provide the framework for the establishment and operation of Regional Advisory Councils.

               (2)

               Article 2 of Decision 2004/585/EC establishes a Regional Advisory Council to cover the south-western waters in International Council for the Exploration of the Seas (ICES) areas VIII, IX and X (waters around Azores) and CECAF divisions 34.1.1, 34.1.2. and 34.2.0 (waters around Madeira and the Canary Islands) (3).

               (3)

               In accordance with Article 3(1) of Decision 2004/585/EC, representatives of the fisheries sector and other interests groups submitted a request concerning the operation of that Regional Advisory Council to Belgium, Spain, France, the Netherlands and Portugal.

               (4)

               As required by Article 3(2) of Decision 2004/585/EC, the Member States concerned determined whether the application concerning the Regional Advisory Council for the south-western waters was in conformity with the provisions laid down in that Decision. On 9 February 2007, the Member States concerned transmitted a recommendation on that Regional Advisory Council to the Commission.

               (5)

               The Commission has evaluated the application by the interested parties and the recommendation in the light of Decision 2004/585/EC and the aims and principles of the common fisheries policy, and considers that the Regional Advisory Council for the south-western waters is ready to become operational,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The Regional Advisory Council for the south-western waters, established by Article 2(1)(e) of Decision 2004/585/EC, shall be operational as from 9 April 2007.

      Done at Brussels, 4 April 2007.

            For the Commission

         Joe BORG

            Member of the Commission

      (1)  OJ L 256, 3.8.2004, p. 17.

      (2)  OJ L 358, 31.12.2002, p. 59.

      (3)  As defined in Council Regulation (EEC) No 3880/91 (OJ L 365, 31.12.1991, p. 1).


title: 2013/408/Euratom: Commission Decision of 31 July 2012 on the conclusion of the Agreement for Cooperation in the Peaceful Uses of Nuclear Energy between the European Atomic Energy Community and the Government of the Republic of South Africa

text:
               31.7.2013

               EN

               Official Journal of the European Union

               L 204/2

         COMMISSION DECISION
   of 31 July 2012
   on the conclusion of the Agreement for Cooperation in the Peaceful Uses of Nuclear Energy between the European Atomic Energy Community and the Government of the Republic of South Africa
   (2013/408/Euratom)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 101, the second paragraph thereof,
   Having regard to the approval of the Council,
   Whereas:
   The Agreement for Cooperation in the Peaceful Uses of Nuclear Energy between the European Atomic Energy Community and the Government of the Republic of South Africa should be concluded,
   HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement for cooperation in the peaceful uses of nuclear energy between the European Atomic Energy Community and the Government of the Republic of South Africa is hereby approved on behalf of the European Atomic Energy Community. The text of the Agreement is attached to this Decision.
   Article 2
   A Member of the Commission is hereby authorised to sign the Agreement and to carry out all necessary steps for the entry into force of this Agreement to be concluded on behalf of the European Atomic Energy Community.

      Done at Brussels, 31 July 2012.

            For the Commission

         Günther OETTINGER

            Member of the Commission


Avis juridique important

|

41991D0476

91/476/ECSC: Decision of the representatives of the Governments of the Member States meeting within the Council of 6 September 1991 extending Decision 86/284/ECSC on the arrangements for trade between the Community and the associated overseas countries and territories in products within the province of the European Coal and Steel Community

Official Journal L 255 , 12/09/1991 P. 0021 - 0021

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES MEETING WITHIN THE COUNCIL  of 6 September 1991  extending Decision 86/284/ECSC on the arrangements for trade between the Community and the associated overseas countries and  territories in products within the province of the European Coal and Steel Community  (91/476/ECSC)THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL,  Whereas on 25 July 1991 the Representatives of the Governments of the Member States, meeting within the Council, adopted a new ECSC Decision on the arrangements for trade between the Community and the associated overseas countries and territories in  products within the province of the European Coal and Steel Community;  Whereas, pending the entry into force of that new Decision, which owing to linguistic and practical difficulties it was not possible to publish by 31 July 1991, the arrangements applicable under Decision 86/284/ECSC (1), as extended by Decisions  90/147/ECSC (2), 91/111/ECSC (3) and 91/313/ECSC (4), should be kept in force until the entry into force of the new Decision;  In agreement with the Commission,  HAVE DECIDED AS FOLLOWS:  Article 1  In Article 7 of Decision 86/284/ECSC, the phrase 'the date of entry into force of the new Decision on the arrangements for trade between the Community and the associated overseas countries and territories in products within the province of  the European Coal and Steel Community, but no later than 31 July 1991' shall be replaced by 'the date of entry into force of the new Decision on the arrangements for trade between the Community and the associated overseas countries and territories in  products within the province of the European Coal and Steel Community'.  Article 2  This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.  It shall apply with effect from 1 August 1991. Done at Brussels, 6 September 1991. The President  H. VAN DEN BROEK   (1) OJ No L 175, 1. 7. 1986, p. 111. (2) OJ No L 84, 30. 3. 1990, p. 109. (3) OJ No L 58, 5. 3. 1991, p. 28. (4) OJ No L 170, 29. 6. 1991, p. 14.


title: 2013/500/EU: Council Decision of 7 October 2013 establishing the position to be taken by the European Union within the General Council of the World Trade Organization on the request for extending the WTO waiver on additional autonomous trade preferences granted by the Union to the Republic of Moldova

text:
               15.10.2013

               EN

               Official Journal of the European Union

               L 273/31

         COUNCIL DECISION
   of 7 October 2013
   establishing the position to be taken by the European Union within the General Council of the World Trade Organization on the request for extending the WTO waiver on additional autonomous trade preferences granted by the Union to the Republic of Moldova
   (2013/500/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Article IX of the Marrakesh Agreement establishing the World Trade Organization (‘WTO Agreement’) sets out the procedures for the granting of waivers concerning the Multilateral Trade Agreements in Annex 1A, 1B or 1C to the WTO Agreement and their annexes.

               (2)

               Council Regulation (EC) No 55/2008 (1) was amended by Regulation (EU) No 581/2011 of the European Parliament and of the Council (2), to extend the autonomous trade preferences granted to the Republic of Moldova (‘Moldova’) until 31 December 2015 and adjust the tariff rate quotas for certain agricultural products. Regulation (EC) No 55/2008 provides free access to the Union market of all products originating in Moldova, except certain agricultural products listed in Annex I to that Regulation. The products listed in that Annex benefit from limited concessions in the form of exemption from customs duties within the limit of tariff quotas or reduction of customs duties. Further extensions of the scope of the preferences set out in Regulation (EC) No 55/2008 may be adopted to liberalise import of wine from Moldova.

               (3)

               In the absence of a waiver from the Union’s obligations under paragraph 1 of Article I and Article XIII of the General Agreement on Tariffs and Trade 1994, to the extent necessary, the treatment provided by these autonomous trade preferences would need to be extended to all other Members of the WTO.

               (4)

               It is in the interest of the Union to request an extension of the WTO waiver on autonomous trade preferences granted by the Union to Moldova pursuant to paragraph 3 of Article IX of the WTO Agreement to permit the Union to afford duty-free or preferential treatment to products originating in Moldova, including certain agricultural products for which limited concessions are given as defined in the Annex to this Decision, without being required to extend the same duty-free or preferential treatment to like products of any other WTO Member until 31 December 2015.

               (5)

               The Union is to submit such a request to the WTO.

               (6)

               It is appropriate, therefore, to establish the position to be taken by the Union within the WTO General Council concerning the request,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken on behalf of the Union within the General Council of the World Trade Organization is to request an extension, until 31 December 2015, of the WTO waiver on autonomous trade preferences granted by the Union to Moldova to products originating in Moldova, including certain agricultural products for which limited concessions, as set out in the Annex, are given.
   This position shall be expressed by the Commission.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 7 October 2013.

            For the Council

            The President

         J. BERNATONIS

      (1)  Council Regulation (EC) No 55/2008 of 21 January 2008 introducing autonomous trade preferences for the Republic of Moldova and amending Regulation (EC) No 980/2005 and Commission Decision 2005/924/EC (OJ L 20, 24.1.2008, p. 1).

      (2)  Regulation (EU) No 581/2011 of the European Parliament and of the Council of 8 June 2011 on amending Council Regulation (EC) No 55/2008 introducing autonomous trade preferences for the Republic of Moldova (OJ L 165, 24.6.2011, p. 5).

      ANNEX

         PRODUCTS SUBMITTED TO QUANTITATIVE LIMITS OR PRICE THRESHOLDS

      1.   Products subject to annual duty free tariff quotas

                  Order No

                  CN Code

                  Description

                  2013 (1)

                  2014 (1)

                  2015 (1)

                  09.0504

                  0201 to 0204

                  Fresh, chilled and frozen meat of bovine animals, swine and sheep and goats

                  4 000 (2)

                  4 000 (2)

                  4 000 (2)

                  09.0505

                  ex 0207

                  Meat and edible offal of the poultry of heading 0105, fresh, chilled or frozen, other than fatty livers of subheading 0207 34

                  500 (2)

                  500 (2)

                  500 (2)

                  09.0506

                  ex 0210

                  Meat and edible meat offal of swine and bovine animals, salted, in brine, dried or smoked; edible flours and meals of meat or meat offals of domestic swine and bovine animals

                  500 (2)

                  500 (2)

                  500 (2)

                  09.4210

                  0401 to 0406

                  Dairy products

                  1 500 (2)

                  1 500 (2)

                  1 500 (2)

                  09.0507

                  0407 00

                  Birds’ eggs, in shell

                  120 (3)

                  120 (3)

                  120 (3)

                  09.0508

                  ex 0408

                  Bird’s eggs, not in shell and egg yolks, other than unfit for human consumption

                  300 (2)

                  300 (2)

                  300 (2)

                  09.0509

                  1001 90 91
                  1001 90 99

                  Other Spelt (other than spelt for sowing), common wheat and meslin

                  55 000 (2)

                  60 000 (2)

                  65 000 (2)

                  09.0510

                  1003 00 90

                  Barley

                  50 000 (2)

                  55 000 (2)

                  60 000 (2)

                  09.0511

                  1005 90

                  Maize

                  45 000 (2)

                  50 000 (2)

                  55 000 (2)

                  09.0512

                  1601 00 91
                  and
                  1601 00 99

                  Sausages and similar products, of meat, meat offal or blood; food preparations based on these products

                  600 (2)

                  600 (2)

                  600 (2)

                  ex 1602

                  Other prepared or preserved meat, meat offal or blood:

                              —

                              of fowls of the species Gallus domesticus, uncooked,

                              —

                              of domestic swine,

                              —

                              of bovine animals, uncooked

                  09.0513

                  1701 99 10

                  White Sugar

                  34 000 (2)

                  34 000 (2)

                  34 000 (2)

      2.   Products for which the ad valorem component of the import duty is exempted

                  CN Code

                  Description

                  0702

                  Tomatoes, fresh or chilled

                  0703 20

                  Garlic, fresh or chilled

                  0707

                  Cucumbers and gherkins, fresh or chilled

                  0709 90 70

                  Courgettes, fresh or chilled

                  0709 90 80

                  Globe artichokes

                  0806

                  Grapes, fresh or dried

                  0808 10

                  Apples, fresh

                  0808 20

                  Pears and quinces

                  0809 10

                  Apricots

                  0809 20

                  Cherries

                  0809 30

                  Peaches, including nectarines

                  0809 40

                  Plums and sloes

         (1)  From 1 January until 31 December.

         (2)  Tonnes (net weight).

         (3)  Million units.


Avis juridique important

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31985D0372

85/372/EEC: Council Decision of 25 July 1985 on a definition phase for a Community action in the field of telecommunications technologies - R & D programme in advanced communications technologies for Europe (RACE)

Official Journal L 210 , 07/08/1985 P. 0024 - 0027 Spanish special edition: Chapter 16 Volume 2 P. 0017  Portuguese special edition Chapter 16 Volume 2 P. 0017

*****COUNCIL  DECISION  of 25 July 1985  on a definition phase for a Community action in the field of telecommunications technologies - R & D programme in advanced communications technologies for Europe (RACE)  (85/372/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas the Community has as its task, by establishing a common market and progressively approximating the economic policies of Member States inter alia to promote throughout the Community a harmonious development of economic activities and closer relations between the Member States;  Whereas the Heads of State or of Government, meeting in Stuttgart, Athens, Fontainebleau and Brussels, emphasized the importance of telecommunications as a major source for economic growth and social development;  Whereas the European Parliament, in its assessment of the situation and development of telecommunications, stressed the key role of telecommunications for the future political, social and economic development of the Community;  Whereas on 17 December 1984 the Council agreed on the main elements of a Community telecommunications policy, including the objective of developing advanced telecommunications services and networks by actions at Community level;  Whereas, with the emergence of new services and the progressive convergence of telecommunications, data processing and entertainment, the evolution may develop towards a Europe-wide integrated broadband network (integrated broadband communications, IBC) capable of supporting a wide range of customers and service providers;  Whereas developments in telecommunications will benefit the international competitiveness of the European economies in general and of the telecommunications industries in particular;  Whereas, in response to the requirement of using fully the economic and market potential of telecommunications, the Commission has submitted a programme of action which has been recognized as a base for further work by the Council;  Whereas R & D can make a major contribution, notably by facilitating the evolution towards future integrated broadband communications in terms of transnational connections, and also at regional and local levels;  Whereas the Council approved, in its resolution of 25 July 1983 (3), the principle of framework programmes for Community research, development and demonstra  tion, the scientific and technical objectives for the period 1984 to 1987, and in particular the importance given to the goal of promoting industrial competitiveness;  Whereas the Council, on 4 June 1985, recognized the importance of the rapid establishment of a definition phase for the RACE programme (R & D programme in Advanced Telecommunications Technologies for Europe) in order to prepare a general European framework for the development of advanced systems of communications for the future and to promote technical and industrial cooperation;  Whereas the constitution or consolidation of a specifically European industrial potential in the technologies concerned is an urgent necessity; whereas the beneficiaries must be network operators, research establishments, undertakings, including small and medium-sized enterprises, and other bodies in the Community which are best suited to attain these objectives;  Whereas it will not be possible to define and examine a Community R & D programme in this sector until the definition phase produces the relevant conclusions;  Whereas the Treaty has not provided the specific powers necessary for the adoption of this Decision;  Whereas the Scientific and Technical Research Committee (Crest) has expressed its opinion,  HAS DECIDED AS FOLLOWS:  Article 1  1. A definition phase for a Community action in the field of telecommunications technologies as described in the Annex is hereby adopted for a maximum period of 18 months beginning on 1 July 1985.  2. The activity is designed essentially to define precise objectives and to develop the approach to technological cooperation at Community level in concertation with public and private actions in the field of telecommunications technologies undertaken at national and international levels.  Article 2  1. The definition phase shall consist of two parts. Part I shall comprise analytical work required for the formulation of a reference model for integrated broadband communications (IBC) to be carried out by appropriate organizations, groups and other bodies and including, where required, contract work.  Part II shall comprise technology evaluation and exploration projects carried out by means of contracts, as required to clarify technology options and establish techno-economic feasibility of the reference model.  The contracts shall be concluded with network operators, research establishments, undertakings, including small and medium-sized enterprises, and other bodies established in the Community, hereinafter referred to as 'partners'. The work shall be carried out in the Community.  2. The projects of Part II shall be executed by means of shared cost contracts. The contractors shall bear a substantial proportion of the costs, normally at least 50 % of the total expenditure on any project.  In exceptional cases as specified in Article 6 (3), different conditions from those laid down in this paragraph may be adopted in accordance with the procedure in Article 7.  3. The activity will take account of requirements regarding the development of standards and common functional specifications to serve the interests of European industry, users and telecommunications operators in this field.  Article 3  1. Where contracts are required for the implementation of Part I, they shall be awarded by restricted tendering procedure.  2. The contracts for Part II shall be awarded by open tendering procedure and involve the participation of at least two independent industrial partners not all established in the same Member State. The open invitation to tender shall be published in the Official Journal of the European Communities.  Article 4  1. The Community shall contribute to the performance of the action within the limits of the appropriations entered to this end in the general budget of the European Communities.  2. The amount of the appropriations estimated necessary for the Community's contribution to Part I shall be calculated on the basis of Article 2 (1), and charged to the relevant part of the general budget of the European Communities.  The funds estimated necessary for Part II amount to 14 million ECU, including expenditure on a staff of 12, and will be used in accordance with the procedure laid down in Article 6 (3).  Article 5  The Commission shall ensure that the definition phase is properly performed and establish the appropriate implementation measures. Article 6  1. The Commission shall be assisted in the performance of the task referred to in Article 5 by a Committee. The Committee, consisting of two representatives of each Member State, shall be set up by the Commission on the basis of nomination by the Member States.  Members of the Committee may be assisted by experts or advisers depending on the nature of the issues under consideration.  The Committee shall be chaired by a Commission representative.  The proceedings of the Committee shall be confidential. The Committee shall adopt its own rules of procedure. The secretarial services shall be provided by the Commission.  2. The Commission may consult the Committee on any matter falling within the scope of this Decision. In addition, the Commission shall inform the Committee regularly in advance, of projects falling below the thresholds referred to in paragraph 3, fourth and fifth indents.  3. The Commission shall consult the Committee, in accordance with the procedure laid down in Article 7, on:  - the work to be undertaken in Part II; such consultation will have to be completed within a maximum period of three months following this Decision,  - any departure from the general conditions laid down in Articles 2 and 3,  - the evaluation of work undertaken in respect of Part I, by appropriate organizations, groups and other bodies,  - the contracts which may be necessary for the implementation of Part I, as well as the resultant Community financial contribution when the contracts require a Community contribution exceeding 100 000 ECU,  - the assessment of the proposed projects relating to Part II and the proposed level of cost-sharing referred to in Article 2 (2) as well as the Community's financial contribution to their execution when these projects require a Community contribution exceeding 400 000 ECU.  Article 7  1. Where the procedure laid down in this Article is to be followed, the chairman shall refer the matter to the Committee, either on his own initiative or at the request of one of its members.  2. The Commission representative shall submit to the Committee a proposal for the measures to be taken. The Committee shall deliver its opinion on the proposal within a period that may be decided by the chairman in the light of the urgency of the matter and which shall normally be one month and shall in no case exceed two months. The opinion shall be adopted by a qualified majority. Within the Committee, the votes of the Member States shall be weighted in accordance with Article 148 (2) of the Treaty. The chairman shall not vote.  3. The Commission shall implement the measures where its proposals are in accordance with the opinion of the Committee. Where the proposal is not in accordance with the opinion, or where no such opinion is issued, the Commission may submit to the Council a proposal in the form of a draft Decision. The Council shall act by a qualified majority.  If the Council has not acted within a period which shall normally be one month and shall in no case exceed two months from the date on which the matter was referred to it:  - the Commission proposal shall be deemed to be rejected if it concerns matters falling under the second and third indents of Article 6 (3)  - the Commission may take a decision corresponding to its proposal if it concerns matters falling under the fourth and fifth indents of Article 6 (3).  Article 8  With regard to the concertation activities provided for in Article 1 (2), the Member States and the Commission shall exchange all appropriate information to which they have access and which they are free to disclose concerning activities in the areas covered by this Decision, whether or not planned or carried out under their authority.  Information shall be exchanged according to a procedure to be defined by the Commission after consulting the Committee, and will be treated as confidential at the supplier's request.  Done at Brussels, 25 July 1985.  For the Council  The President  J. POOS  (1) OJ No C 175, 15. 7. 1985.  (2) OJ No C 188, 29. 7. 1985, p. 16.  (3) OJ No C 208, 4. 8. 1983, p. 1.  ANNEX  RACE DEFINITION PHASE  Summary of areas  PART I  Development of an IBC reference model  I.1. Development of an IBC network reference model  I.2. Definition of the IBC terminal environment  I.3. Future application assessment  PART II  Technology evaluation and exploration  II.1. High-speed integrated circuits  II.2. High complexity integrated circuits  II.3. Integrated opto-electronics  II.4. Broadband switching  II.5. Passive optical components  II.6. Components for high bit-rate long-haul links  II.7. Dedicated communication software  II.8. Large area flat panel display technology


title: Council Decision (CFSP) 2015/2216 of 30 November 2015 amending Decision 2010/413/CFSP concerning restrictive measures against Iran

text:
               1.12.2015

               EN

               Official Journal of the European Union

               L 314/58

         COUNCIL DECISION (CFSP) 2015/2216
   of 30 November 2015
   amending Decision 2010/413/CFSP concerning restrictive measures against Iran
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (1), and in particular Article 23 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 26 July 2010, the Council adopted Decision 2010/413/CFSP concerning restrictive measures against Iran.

               (2)

               By its judgment of 18 September 2015 in Case T-121/13, the General Court of the European Union annulled the Council's decision to include Oil Industry Pension Fund Investment Company (OPIC) on the list of persons and entities subject to restrictive measures set out in Annex II to Decision 2010/413/CFSP.

               (3)

               OPIC should be included again on the list of persons and entities subject to restrictive measures, on the basis of a new statement of reasons.

               (4)

               Decision 2010/413/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Annex II to Decision 2010/413/CFSP is amended as set out in the Annex to this Decision.
   Article 2
   This Decision shall enter into force on 1 December 2015.

      Done at Brussels, 30 November 2015.

            For the Council

            The President

         J. ASSELBORN

      (1)  OJ L 195, 27.7.2010, p. 39.

      ANNEX
      The entity listed below is inserted in the list set out in Part I of Annex II to Decision 2010/413/CFSP:
      I.   Persons and entities involved in nuclear or ballistic missile activities and persons and entities providing support to the Government of Iran
      B.   Entities

                     Name

                     Identifying information

                     Reasons

                     Date of listing

                     ‘159.

                     Oil industry Pension Fund Investment Company (OPIC)

                     No 234, Taleghani St, Tehran, Iran

                     OPIC provides significant support to the Government of Iran by providing financial resources and financing services for oil and gas development projects to a variety of entities linked to the Government of Iran, including subsidiaries of state-owned companies (NIOC). Also, OPIC has owned IOEC (Iranian Offshore Engineering Construction Co.) which is EU-designated for providing logistical support to the Government of Iran.
                     The oil and gas sector constitutes a significant source of funding for the Government of Iran, and there is a potential connection between Iran's oil revenue derived from its energy sector and the funding of Iran's proliferation-sensitive activities.
                     The Managing Director of OPIC is Naser Maleki, who is a United Nations designated individual on the grounds of being head of the Shahid Hemat Industrial Group (SHIG) and also a MODAFL (Iranian Ministry of Defence and Armed Forces Logistics) official overseeing the work on the Shahab 3 ballistic missile programme (Iran's long-range ballistic missile currently in service). SHIG is a United Nations designated entity on the grounds that it is a subordinate entity of Aerospaces Industries Organisation (AIO, which is an EU-designated entity) and involved in Iran's ballistic missile programme. Accordingly, OPIC is directly associated with Iran's proliferation-sensitive nuclear activities or the development of nuclear weapons delivery systems.

                     1.12.2015’


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31990D0085

90/85/EEC: Commission Decision of 1 March 1990 terminating the review of anti-dumping measures applying to imports of certain glass textile fibres (rovings) originating in Czechoslovakia and the German Democratic Republic and confirming the expiry of the said measures

Official Journal L 059 , 08/03/1990 P. 0045 - 0047

*****COMMISSION  DECISION  of 1 March 1990  terminating the review of anti-dumping measures applying to imports of certain glass textile fibres (rovings) originating in Czechoslovakia and the German Democratic Republic and confirming the expiry of the said measures  (90/85/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Articles 9 and 15 thereof,  After consultation within the Advisory Committee as provided for under the above Regulation,  Whereas:  A. Previous procedure  (1) In November 1982 the Commission published a notice in the Official Journal of the European Communities initiating an anti-dumping proceeding concerning imports of certain glass textile fibres (rovings) originating in Czechoslovakia, the German Democratic Republic and Japan (2).  In December 1983 a definitive anti-dumping duty was imposed with regard to imports from Czechoslovakia and the German Democratic Republic (3) and an undertaking was accepted on behalf of Japanese exporters with regard to products originating in Japan (4).  (2) In July 1988 the Commission published a notice announcing the imminent expiry of the measures in question (5) pursuant to Article 15 of Regulation (EEC) No 2423/88.  No request for review concerning the undertaking accepted on behalf of the Japanese exporters was received and the said undertaking duly expired on 16 December 1988 (6).  B. Review requests and initiation  (3) In September 1988 the Commission received a request for a review of the measures concerning imports from Czechoslovakia and the German Democratic Republic lodged by the Association des Producteurs de Fibres de Verre Européen (APFE) on behalf of Community producers representing almost all Community production. The request claimed that the expiry of the anti-dumping measures for imports from Czechoslovakia and the German Democratic Republic would lead again to injury or threat of injury. The main basis of these allegations was the continuous rise of imports at low prices and the risk that expiry of these anti-dumping measures might contribute to a reduction in the current capacity utilization and competitiveness of the European industry.  (4) The evidence provided was considered sufficient and the Commission accordingly announced by notices published in the Official Journal of the European Communities, its intention to carry out a review of anti-dumping measures of certain glass textile fibres (rovings) originating in Czechoslovakia and the German Democratic Republic (1) and the initiation of that review (2). The investigation period covered the calendar year 1988. During the investigation the parties concerned were able to make known their views and provide all information necessary for the determination of injury related to the expiry of the measures. Pursuant to Article 15 of Regulation (EEC) No 2423/88 the measures remained in force pending the outcome of the investigation.  C. Product  (5) The products concerned are continuous glass textile fibres (rovings) falling within CN code 7019 10 51 previously Nimexe code 70.20-70.  D. Results of the injury investigation  (6) The investigation carried out by the Commission services examined the question of whether imports of the goods in question would lead again to injury or threat of injury to Community producers if the current anti-dumping measures were no longer in force.  An analysis of the causality between the non-renewal of the anti-dumping measures and the recurrence of injury was, therefore, made by evaluating the present situation and by assessing the foreseeable recurrence of injury or threat of injury after expiry of the said measures.  (7) With regard to the present situation it was found that there had been a large increase in demand in the rovings sector due mainly to more applications being found for composite reinforcements in the automotive industry. This favourable market situation was reflected in the Community industry by a higher capacity utilization, increased production, consumption, sales and market share, steadiness of employment and ongoing or imminent investment programmes.  On the other hand imports from the countries in question have increased at a lower rate than the consumption in the Community and consequently the market share of Czechoslovakia and the German Democratic Republic in the Community market has decreased. It was also found that prices of the products in question originating in Czechoslovakia and the German Democratic Republic had steadily increased and were always well above the variable duty established in 1983.  (8) Concerning the foreseeable recurrence of injury or threat of injury after expiry of the anti-dumping measures, the consequences of expiry of the measures were considered in the light of their effectiveness during the period that the duty was in force.  (9) It was established during the investigation that exporters in Czechoslovakia and the German Democratic Republic did not only respect the minimum price established in 1983 but continuously exceeded it and increased their export prices between 3 - 5 % annually. It is reasonable therefore, to assume that expiry of the anti-dumping duty would not, on its own, have been enough to substantially alter the situation which prevailed during the five year period nor would it be enough to change the present situation. The anti-dumping measures originally caused exporters in Czechoslovakia and the German Democratic Republic to revise their export prices and due to the overall shortages on the reinforcement market, expiry of the duty should not lead to prices falling.  (10) Finally with regard to the foreseeable recurrence of injury or threat of injury after expiry of the anti-dumping measures it was confirmed that no additional capacities in the said two countries were to be expected in the near future.  (11) In view of the above, it was concluded that no change in the pattern of imports from Czechoslovakia and the German Democratic Republic to the Community of the products in question could be expected in relation to the expiry of the anti-dumping measures.  E. Withdrawal of review requested  (12) The complainant advised the Commission by letter dated 4 December 1989 that it is withdrawing the request for review mentioned under 3.  F. Termination  (13) In these circumstances the Commission considers that the review proceeding should be terminated and that the measures remaining in force pending the outcome of the review should lapse forthwith,  HAS DECIDED AS FOLLOWS:  Article 1  The review of anti-dumping measures concerning imports of certain glass textile fibres (rovings) falling within CN code 7019 10 51 originating in Czechoslovakia and the German Democratic Republic is hereby terminated.  Article 2  The anti-dumping duty which remained in force pending the outcome of the review shall lapse with effect from the day following the publication of this Decision in the Official Journal of the European Communities.  Done at Brussels, 1 March 1990.  For the Commission  Frans ANDRIESSEN  Vice-President  (1) OJ No L 209, 2. 8. 1988, p. 1.  (2) OJ No C 310, 27. 11. 1982, p. 2.  (3) OJ No L 354, 16. 12. 1983, p. 15.  (4) OJ No L 352, 15. 12. 1983, p. 47.  (5) OJ No C 172, 1. 7. 1988, p. 3.  (6) OJ No C 97, 18. 4. 1989, p. 9.  (1) OJ No C 294, 18. 11. 1988, p. 4.  (2) OJ No C 87, 8. 4. 1989, p. 3.


Avis juridique important

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32004D0023

2004/23/EC: Commission Decision of 29 December 2003 providing for the initiation of an investigation pursuant to Article 27(2) of Council Regulation (EC) No 2501/2001 with respect to the violation of freedom of association in Belarus

Official Journal L 005 , 09/01/2004 P. 0090 - 0090

Commission Decisionof 29 December 2003providing for the initiation of an investigation pursuant to Article 27(2) of Council Regulation (EC) No 2501/2001 with respect to the violation of freedom of association in Belarus(2004/23/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 2501/2001 of 10 December 2001 applying a scheme of generalised tariff preferences for the period from 1 January 2002 to 31 December 2004(1), as last amended by Commission Regulation (EC) No 1686/2003(2), and in particular Article 27(2) thereof,Whereas:(1) The Commission has received information on alleged violations of freedom of association in Belarus. The information was jointly supplied by the International Confederation of Free Trade Unions (ICFTU), the European Trade Union Confederation (ETUC) and the World Confederation of Labour (WCL).(2) Article 26(1)(b) provides for the temporary withdrawal of tariff preferences, in respect of all or of certain products, originating in a beneficiary country for "serious and systematic violation of the freedom of association, the right to collective bargaining or the principle of non-discrimination in respect of employment and occupation, or use of child labour, as defined in the relevant ILO Conventions".(3) The Commission has examined the submitted information pertaining to alleged violations of freedom of association in Belarus. The alleged violations relate to restrictions upon the right of workers and employers to establish organisations of their own choosing without interference by the public authorities, interference by the public authorities in trade union elections, limitation of trade union activities and repression of trade union leaders and activists, as defined in the Freedom of Association and Protection of the Right to Organise Convention No 87 and the Right to Organise and Collective Bargaining Convention No 98 of the International Labour Organisation. The Commission considers that there are sufficient grounds for an investigation.(4) The measures provided for in this Decision are in accordance with the opinion of the Generalised Preferences Committee,HAS DECIDED AS FOLLOWS:Sole ArticleThe Commission shall initiate an investigation into alleged violations of freedom of association in Belarus.Done at Brussels, 29 December 2003.For the CommissionPascal LamyMember of the Commission(1) OJ L 346, 31.12.2001, p. 1.(2) OJ L 240, 26.9.2003, p. 8.


Avis juridique important

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31993D0068

93/68/EEC: Decision No 148 of 25 June 1992 concerning the use of the certificate concerning the applicable legislation (Form E 101) where the period of posting does not exceed three months

Official Journal L 022 , 30/01/1993 P. 0124 - 0124 Finnish special edition: Chapter 5 Volume 6 P. 0043  Swedish special edition: Chapter 5 Volume 6 P. 0043

DECISION No 148 of 25 June 1992 concerning the use of the certificate concerning the applicable legislation (Form E 101) where the period of posting does not exceed three months(93/68/EEC)THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN  COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,  Having regard to Article 81 (a) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to the members of their families moving within the Community, under  which it is made responsible for dealing with all administrative matters relating to the application of the said Regulation,  Whereas Decision No 125 should be amended because of the need to limit the risk of abuse and whereas to this end it is necessary in all cases to enter a specific date in box 5 of form E 101;  Whereas the conditions of modern economic life make it necessary for many employees of industrial, commercial and agricultural undertakings to make frequent brief trips abroad for the benefit of the undertaking by which they are employed;  Whereas it is difficult in such cases to obtain in time, prior to their departure, a certificate concerning the applicable legislation from the designated institution of the country in which the undertaking has its registered office;  Whereas there are grounds for making the procedure for issuing the certificate concerning the applicable legislation more flexible in order to ensure that the insured person carries with him a document showing that he is staying in one of the Member  States on business and that he remains covered by the legislation of the country in which the undertaking by which he is employed is situated,  HAS DECIDED AS FOLLOWS:  1. For periods of posting not exceeding three months the institution referred to in Article 11 (1) of Regulation (EEC) No 574/72 may issue to undertakings, on request, copies of Form E 101 bearing a serial number, of which it shall complete only box 5.   2. The undertaking shall complete two copies of the form. One of these copies shall be handed to the worker prior to his departure and the other copy shall be sent within 24 hours to the designated institution of the country in which the undertaking has  its registered office.  3. This Decision, which replaces Decision No 125, shall enter into force on the first day of the month following its publication in the Official Journal of the European Communities.  The Chairman of the Administrative Commission S. PINTO PIZARRO


title: 2005/964/EC: Council Decision of  21 December 2005  on the conclusion, on behalf of the European Community, of the Agreement on Duty-Free Treatment of Multi-Chip Integrated Circuits (MCPs) Text with EEA relevance

text:
               31.12.2005

               EN

               Official Journal of the European Union

               L 349/24

         COUNCIL DECISION
   of 21 December 2005
   on the conclusion, on behalf of the European Community, of the Agreement on Duty-Free Treatment of Multi-Chip Integrated Circuits (MCPs)
   (Text with EEA relevance)
   (2005/964/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission (1),
   Whereas:

               (1)

               Multi-Chip Integrated Circuits (MCPs) are a new form of semiconductors which did not exist at the time of negotiation of the WTO Information Technology Agreement. Had they existed at the time, they would have probably been included at zero tariff level. Trade in this important technology should be facilitated.

               (2)

               The Commission has negotiated on behalf of the Community an Agreement on Duty-Free Treatment of Multi-Chip Integrated Circuits (MCPs) (hereinafter referred to as ‘the Agreement’), within the framework of the Government/Authorities Meeting on Semiconductors (GAMS).

               (3)

               The Agreement eliminates applied duties and charges on MCPs, whilst leaving the WTO bound rates unchanged.

               (4)

               The Agreement has been authenticated by the Secretary General of the Council of the European Union as depository on 28 November 2005.

               (5)

               The Agreement should be concluded on behalf of the Community.

               (6)

               Paragraph 7(a) of the Agreement provides that after the depositary receives four instruments of acceptance, those accepting Parties shall agree on a date of entry into force of the Agreement. It is appropriate to authorise the Commission, as representative of the Community in GAMS, to agree on a date in that regard with the other Parties to the Agreement,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement on Duty-Free Treatment of Multi-Chip Integrated Circuits (MCPs) is hereby concluded on behalf of the Community.
   The text of the Agreement is attached to this Decision.
   Article 2
   The Commission is authorised to agree with the other Parties to the Agreement on a date of entry into force. This date will be published in the Official Journal of the European Union.
   Article 3
   The President of the Council is hereby authorised to designate the person(s) empowered to deposit, on behalf of the Community, the instrument of acceptance of the agreement in accordance with paragraph 7(b) thereof.

      Done at Brussels, 21 December 2005.

            For the Council

            The President

         B. BRADSHAW

      (1)  Not yet published in the Official Journal.
    ---documentbreak---

               31.12.2005

               EN

               Official Journal of the European Union

               L 349/25

         AGREEMENT
   on Duty-Free Treatment of Multi-Chip Integrated Circuits (MCPs)
   Recalling that there exists a shared view on the duty-free treatment of MCPs among the Members of the Government/Authorities Meeting on Semiconductors (GAMS), which are the European Community represented in GAMS through the European Commission; Japan; the Republic of Korea; the United States of America; and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu, those GAMS Members have agreed as follows:

               1.

               For purposes of this Agreement:

                           (a)

                           multi-chip integrated circuits (MCPs) means multi-chip integrated circuits consisting of two or more interconnected monolithic integrated circuits combined to all intents and purposes indivisibly, whether or not on one or more insulating substrates, with or without lead frames, but with no other active or passive circuit elements;

                           (b)

                           Harmonised System means the Harmonised Commodity Description and Coding System set out in the Annex to the International Convention on the Harmonised Commodity Description and Coding System, as may be amended, and as adopted and implemented by the Parties in their respective internal laws and regulations;

                           (c)

                           Party means a GAMS Member or any Member of the World Trade Organisation (WTO) that has deposited its instrument of acceptance with the depositary; and

                           (d)

                           terms used in this Agreement that are also used in the Marrakech Agreement Establishing the World Trade Organisation (the WTO Agreement) shall have the same meaning as in the WTO Agreement.

               2.

               This Agreement shall apply to all MCPs, regardless of where such products are classified in the Harmonised System.

               3.

               Each Party shall, on a most-favored-nation basis, reduce to zero the rate of all customs duties and other duties and charges, as such duties and charges are described in Article II:1(b) of the General Agreement on Tariffs and Trade 1994 (GATT 1994), that it applies to MCPs, in accordance with the following procedures:

                           (a)

                           Each Party shall apply duties and charges on MCPs at a rate of zero until all the Parties agree that a sufficient level of global trade in MCPs is covered in a multilateral tariff reduction agreement under the auspices of the WTO.

                           (b)

                           At that time, or, if that time is before 31 December 2006, on 1 January 2007, each Party shall bind all duties and charges on MCPs at a rate of zero.

                           (c)

                           All the Parties agree to cooperate with other Members of the WTO to achieve 90 percent coverage of global trade in MCPs in such a tariff reduction agreement.

               4.

                           (a)

                           Each Party shall, at the time of its acceptance of this Agreement, provide to the depositary a list of the headings in its tariff schedule that include MCPs. If a Party subsequently classifies an MCP in a heading not included on its original list, that Party shall promptly provide a modified list to the depositary.

                           (b)

                           Any Party may at any time request modifications to a list of another Party that it finds to be incomplete, in which case the requested Party shall consult and work with the requesting Party in good faith to complete all modifications as necessary. The modified list shall be provided to the depositary.

                           (c)

                           The depositary shall transmit the provided list, including its modifications, to all Parties.

               5.

               Notwithstanding the autonomous liberalisation of applied duties and charges on MCPs under this Agreement, each Party shall be permitted to take into account the binding of tariffs on MCPs at zero level as part of its overall balance of concessions in a multilateral tariff reduction agreement under the auspices of the WTO.

               6.

               Without prejudice to paragraph 3, nothing in this Agreement shall be interpreted as affecting a Party’s rights and obligations under the WTO Agreement.

               7.

                           (a)

                           After the depositary receives four instruments of acceptance from GAMS Members, those Parties shall agree on a date of entry into force of the Agreement.

                           (b)

                           This Agreement shall be open for acceptance by any Member of the WTO. An acceptance following the entry into force of this Agreement shall enter into force on the date such acceptance is received by the depositary. The depositary shall inform all Parties upon receipt of an acceptance.

                           (c)

                           If the Parties agree to amend this Agreement, subparagraphs (a) and (b) shall apply mutatis mutandis to such amendment.

               8.

               When all the Parties bind all duties and charges on MCPs at a rate of zero pursuant to paragraph 3 subparagraphs (a) to (c), this Agreement shall terminate.

               9.

               The original of this Agreement in the English language as well as the instruments of acceptance shall be deposited with the Secretary-General of the Council of the European Union.


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32000D0044

2000/44/EC, ECSC, Euratom: Council Decision of 17 December 1999 on the settlement of the Bangemann case

Official Journal L 016 , 21/01/2000 P. 0073 - 0073

COUNCIL DECISIONof 17 December 1999on the settlement of the Bangemann case(2000/44/EC, ECSC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 213 thereof,Having regard to the Treaty establishing the European Coal and Steel Community (ECSC), and in particular Article 9 thereof,Having regard to the Treaty establishing the European Atomic Energy Community (EAEC), and in particular Article 126 thereof,Having regard to its Decision of 9 July 1999 on the referral of the case of Mr Bangemann to the Court of Justice,Whereas:(1) The term of office of Mr Bangemann as a member of the Commission ended on 9 July 1999;(2) The Council has taken note of the following information provided to it by Mr Bangemann by letter dated 10 December 1999:1. Mr Bangemann will not become before 1 July 2000 a member of the consejo administrativo (Board of Directors) of Telefónica and until then will not accept any other employment with that undertaking or any other telecom operator.2. Mr Bangemann undertakes not to represent any third party (including Telefónica) vis-à-vis the European institutions until 31 December 2001 inclusive.3. Mr Bangemann will permanently continue to safeguard any confidential information he may have become aware of as Member of the Commission of the European Communities,HAS DECIDED AS FOLLOWS:Article 1The application brought by the Council against Mr Bangemann pursuant to the last sentence of the third subparagraph of Article 213(2) of the Treaty establishing the European Community and the corresponding provisions of the ECSC and EAEC Treaties aimed at depriving Mr Bangemann of his right to a pension, pending before the Court of Justice of the European Communities (Case C-290/99), shall be withdrawn provided that Mr Bangemann withdraws at the same time his action brought against the Council before the Court of First Instance of the European Communities (Case T-208/99) and waives any damage claims and that both parties bear their own costs.Article 2This Decision shall be communicated to Mr Bangemann, to the President of the Commision of the European Communities and to the Governments of the Member States of the European Union.Article 3This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 17 December 1999.For the CouncilThe PresidentK. HEMILÄ


title: 2014/146/EU: Council Decision of 28 January 2014 on the conclusion of the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius

text:
               18.3.2014

               EN

               Official Journal of the European Union

               L 79/2

      COUNCIL DECISION

   of 28 January 2014
   on the conclusion of the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius
   (2014/146/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43, in conjunction with point (a) of Article 218(6) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               The Union negotiated with the Republic of Mauritius a Fisheries Partnership Agreement providing EU vessels with fishing opportunities in the waters over which the Republic of Mauritius exercises its sovereignty or jurisdiction.

               (2)

               The Fisheries Partnership Agreement between the European Union and the Republic of Mauritius (‘the Fisheries Partnership Agreement’) was signed in accordance with Council Decision 2012/670/EU of 9 October 2012 on the signing, on behalf of the European Union, of the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius (1).

               (3)

               The Fisheries Partnership Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Fisheries Partnership Agreement between the European Union and the Republic of Mauritius is hereby approved on behalf of the Union.
   The text of the Fisheries Partnership Agreement is attached to this Decision.
   Article 2
   The President of the Council shall give, on behalf of the Union, the notifications provided for in Article 17 of the Fisheries Partnership Agreement (2).
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 28 January 2014.

            For the Council

            The President

         G. STOURNARAS

      (1)  OJ L 300, 30.10.2012, p. 34.

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


title: 2010/287/: Council Decision of 19 January 2010 on the existence of an excessive deficit in the Netherlands

text:
               21.5.2010

               EN

               Official Journal of the European Union

               L 125/42

         COUNCIL DECISION
   of 19 January 2010
   on the existence of an excessive deficit in the Netherlands
   (2010/287/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union and, in particular, Article 126(6) in conjunction with Article 126(13) and Article 136 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the observations made by the Netherlands,
   Whereas:

               (1)

               According to Article 126(1) of the Treaty on the Functioning of the European Union, Member States shall avoid excessive government deficits.

               (2)

               The Stability and Growth Pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth conducive to employment creation.

               (3)

               The excessive deficit procedure (EDP) under Article 126 of the Treaty on the Functioning of the European Union, as clarified by Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (1) (which is part of the Stability and Growth Pact), provides for a decision on the existence of an excessive deficit. Regulation (EC) No 1467/97 also establishes provisions for the implementation of Article 104 of the Treaty establishing the European Community, which has become Article 126 of the Treaty on the Functioning of the European Union. The Protocol on the excessive deficit procedure annexed to the Treaty on the Functioning of the European Union sets out further provisions relating to the implementation of the EDP. Council Regulation (EC) No 479/2009 (2) lays down detailed rules and definitions for the application of the provisions of that Protocol.

               (4)

               The 2005 reform of the Stability and Growth Pact sought to strengthen its effectiveness and economic underpinnings as well as to safeguard the sustainability of the public finances in the long run. It aimed at ensuring that, in particular, the economic and budgetary background was taken into account fully in all steps in the EDP. In this way, the Stability and Growth Pact provides the framework supporting government policies for a prompt return to sound budgetary positions taking account of the economic situation.

               (5)

               Article 104(5) of the Treaty establishing the European Community, which has become Article 126(5) of the Treaty on the Functioning of the European Union, required the Commission to address an opinion to the Council if the Commission considered that an excessive deficit in a Member State existed or might occur. Having taken into account its report in accordance with Article 104(3) of the Treaty establishing the European Community, which has become Article 126(3) of the Treaty on the Functioning of the European Union, and having regard to the opinion of the Economic and Financial Committee in accordance with Article 104(4) thereof, which has become Article 126(4) of the Treaty on the Functioning of the European Union, the Commission concluded that an excessive deficit existed in the Netherlands. The Commission therefore addressed such an opinion to the Council in respect of the Netherlands on 11 November 2009 (3).

               (6)

               Article 126(6) of the Treaty on the Functioning of the European Union states that the Council should consider any observations which the Member State concerned may wish to make before deciding, after an overall assessment, whether an excessive deficit exists. In the case of the Netherlands, this overall assessment leads to the conclusions set out in this Decision.

               (7)

               According to data notified by the Dutch authorities in October 2009, the general government deficit in the Netherlands is planned to reach 4,8 % of GDP in 2009, thus above and not close to the 3 % of GDP reference value. The planned excess over the reference value can be qualified as exceptional within the meaning of the Treaty and the Stability and Growth Pact. It results mainly from a severe economic downturn in the sense of the Treaty and the Stability and Growth Pact. In the Commission services’ 2009 autumn forecast GDP is expected to contract by 4,5 % in 2009 and to grow by only ¼ % in 2010. Furthermore, also on the basis of the Commission services’ autumn 2009 forecast, the planned excess over the reference value cannot be considered temporary, since the general government deficit is projected to increase from 4,7 % of GDP in 2009 to 6,1 % of GDP in 2010 before it declines slightly to 5,6 % of GDP in 2011 based on the usual no-policy change assumption. The deficit criterion in the Treaty is not fulfilled.

               (8)

               According to data notified by the Dutch authorities in October 2009, the general government gross debt is below the 60 % of GDP reference value, at 59,7 % (4) of GDP in 2009. The Commission services’ autumn 2009 forecast expects the general government gross debt to come out at 59,8 % of GDP in 2009 and to increase to around 66 % of GDP in 2010 and 70 % of GDP in 2011, thus exceeding the 60 % of GDP reference value. This increase stems in large part from an important expected deterioration of the primary balance.

               (9)

               According to Article 2(4) of Regulation (EC) No 1467/97, ‘relevant factors’ can only be taken into account in the steps leading to the Council decision on the existence of an excessive deficit in accordance with Article 126(6) of the Treaty on the Functioning of the European Union if the double condition — that the deficit remains close to the reference value and that its excess over the reference value is temporary — is fully met. In the case of the Netherlands, this double condition is not met. Therefore, relevant factors are not taken into account in the steps leading to this Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   From an overall assessment it follows that an excessive deficit exists in the Netherlands.
   Article 2
   This Decision is addressed to the Netherlands.

      Done at Brussels, 19 January 2010.

            For the Council

            The President

         E. SALGADO

      (1)  OJ L 209, 2.8.1997, p. 6.

      (2)  OJ L 145, 10.6.2009, p. 1.

      (3)  All EDP-related documents for the Netherlands can be found at the following website: http://ec.europa.eu/economy_finance/netstartsearch/pdfsearch/pdf.cfm?mode = _m2

      (4)  This figure does not include the government’s illiquid asset back-up facility for ING, which amounts to around 3½ % of GDP (EUR 21 billion).


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31999D0756

1999/756/EC: Council Decision of 15 November 1999 appointing a German member of the Committee of the Regions

Official Journal L 300 , 23/11/1999 P. 0024 - 0024

COUNCIL DECISIONof 15 November 1999appointing a German member of the Committee of the Regions(1999/756/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 Council Decision of 26 January 1998(1) appointing the members and alternate members of the Committee of the Regions,Whereas a seat as a member of the Committee of the Regions has become vacant following the resignation of Mr Otto Kretschmer, a German member, notified to the Council on 9 November 1999,Having regard to the proposal from the German Government,HAS DECIDED AS FOLLOWS:Sole ArticleMr Jürgen Gnauck is hereby appointed a member of the Committee of the Regions in place of Mr Otto Kretschmer for the remainder of his term of office, which runs until 25 January 2002.Done at Brussels, 15 November 1999.For the CouncilThe PresidentT. HALONEN(1) OJ L 28, 4.2.1998, p. 19.