title: Council Decision (EU) 2016/1098 of 4 July 2016 on the position to be taken on behalf of the European Union within the ACP-EU Committee of Ambassadors regarding the revision of Annex III to the ACP-EU Partnership Agreement

text:
               7.7.2016

               EN

               Official Journal of the European Union

               L 182/39

         COUNCIL DECISION (EU) 2016/1098
   of 4 July 2016
   on the position to be taken on behalf of the European Union within the ACP-EU Committee of Ambassadors regarding the revision of Annex III to the ACP-EU Partnership Agreement
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 209(2), in conjunction with Article 218 (9) thereof,
   Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States of the other part (1),
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Article 100 of the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States of the other part (‘ACP-EU Partnership Agreement’) states that Annexes Ia, Ib, II, III, IV and VI thereto may be revised, reviewed and/or amended by the ACP-EU Council of Ministers on the basis of a recommendation from the ACP-EU Development Finance Cooperation Committee.

               (2)

               Article 15(4) of the ACP-EU Partnership Agreement states that the ACP-EU Council of Ministers may delegate powers to the ACP-EU Committee of Ambassadors.

               (3)

               At its 39th session held on 19 and 20 June 2014 in Nairobi, Kenya, the ACP-EU Council of Ministers agreed, in a Joint Declaration, to proceed with the orderly closing of the Centre for the Development of Enterprise (‘CDE’) and to the amendment of Annex III to the ACP-EU Partnership Agreement, and for this purpose, to grant a delegation of powers to the ACP-EU Committee of Ambassadors to take the matter forward with a view to adopting the necessary decisions, including the relevant amendment to that Annex III.

               (4)

               Annex III to the ACP-EU Partnership Agreement should be amended in order to establish the new legal framework of the CDE existing solely for the purposes of its liquidation.

               (5)

               The position of the Union within the ACP-EU Committee of Ambassadors regarding the revision of Annex III to the ACP-EU Partnership Agreement should therefore be based on the attached draft Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The position to be taken on behalf of the Union within the ACP-EU Committee of Ambassadors regarding the revision of Annex III to the ACP-EU Partnership Agreement shall be based on the draft Decision of the ACP-EU Committee of Ambassadors attached to this Decision.
   2.   Minor technical changes to the draft Decision may be agreed by the representatives of the Union in the ACP-EU Committee of Ambassadors without further decision of the Council.
   Article 2
   After its adoption, the Decision of the ACP-EU Committee of Ambassadors shall be published in the Official Journal of the European Union.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 4 July 2016.

            For the Council

            The President

         M. LAJČÁK

      (1)  Agreement signed in Cotonou on 23 June 2000 (OJ L 317, 15.12.2000, p. 3), as amended by the Agreement signed in Luxembourg on 25 June 2005 (OJ L 209, 11.8.2005, p. 27) and by the Agreement signed in Ouagadougou on 22 June 2010 (OJ L 287, 4.11.2010, p. 3).

      DRAFT
      DECISION No 2016/… OF THE ACP-EU COMMITTEE OF AMBASSADORS
      of
      regarding the revision of Annex III to the ACP-EU Partnership Agreement
      THE ACP-EU COMMITTEE OF AMBASSADORS,
      Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States of the other part (1) (‘ACP-EU Partnership Agreement’), and in particular Article 100 thereof,
      Whereas:

                  (1)

                  Article 100 of the ACP-EU Partnership Agreement states that Annexes Ia, Ib, II, III, IV and VI thereto may be revised, reviewed and/or amended by the ACP-EU Council of Ministers on the basis of a recommendation from the ACP-EU Development Finance Cooperation Committee.

                  (2)

                  Article 15(4) of the ACP-EU Partnership Agreement states that the ACP-EU Council of Ministers may delegate powers to the ACP-EU Committee of Ambassadors.

                  (3)

                  Article 2 of Annex III to the ACP-EU Partnership Agreement relates to the Centre for the Development of Enterprise (‘CDE’). Under point (a) of Article 2(6) of that Annex III, the ACP-EU Committee of Ambassadors is appointed as the supervisory authority of the CDE with, amongst other things, the responsibility to lay down the statutes of the CDE, which were adopted by Decision No 8/2005 of the ACP-EU Committee of Ambassadors (2) (‘CDE Statutes’). Under point (a) of Article 2(7) of Annex III the CDE Executive Board is made, amongst other things, responsible for adopting the CDE's financial regulation and staff regulation.

                  (4)

                  Article 1 of the CDE Statutes defines the principle of the legal personality of the CDE.

                  (5)

                  Articles 9 and 10 of the CDE Statutes define the CDE Executive Board's mandate and composition.

                  (6)

                  At its 39th session held on 19 and 20 June 2014 in Nairobi, Kenya, the ACP-EU Council of Ministers agreed, in a Joint Declaration, to proceed with the orderly closing of the CDE and to the amendment of Annex III to the ACP-EU Partnership Agreement, and for this purpose, to grant a delegation of powers to the ACP-EU Committee of Ambassadors to take the matter forward with a view to adopting the necessary decisions, including the relevant amendment to that Annex III.

                  (7)

                  That Joint Declaration of the ACP-EU Council of Ministers established the ACP-EU Joint Working Group to ensure that the CDE is closed under the best possible conditions.

                  (8)

                  The ACP-EU Committee of Ambassadors, in its Decision No 4/2014 (3) authorised the CDE Executive Board to take all appropriate measures to prepare for the closure of the CDE. Subsequently, the CDE Executive Board signed a contract with a Curator until 31 December 2016.

                  (9)

                  In accordance with Article 2(3) of Decision No 4/2014, the closure plan envisages the finalisation of the winding-up by 31 December 2016 (‘closure phase’). With the CDE Executive Board's approval of the definitive closure plan on 29-30 June 2015, the CDE entered into its closure phase.

                  (10)

                  The closure phase should be followed by a ‘passive phase’ in which the CDE will solely exist for the purposes of its liquidation. The passive phase, to be managed by a Curator, may comprise administrative tasks, amongst other things, keeping the archives of the CDE, replying to any administrative formality, or managing residual litigations that could not have been settled during the closure phase. The passive phase should start on the day after the closure phase, namely on 1 January 2017. The passive phase should end after a period of four years, or when the CDE has settled all its liabilities and realised all its assets, whichever happens earlier.

                  (11)

                  Under Article 26(1) of the CDE Financial Regulation, adopted by Decision No 5/2004 of the ACP-EC Committee of Ambassadors (4), the CDE's accounts should be closed at the end of the financial year in order to draw-up the CDE's financial statements. Therefore, the statutory audit of the year 2016 related to the closure phase should be finalised at the latest by 30 June 2017.

                  (12)

                  The amendments to Annex III to the ACP-EU Partnership Agreement concern the deletion of the references to the CDE. This Decision constitutes the new legal framework of the CDE as from the start of the passive phase, namely as of 1 January 2017.

                  (13)

                  Pursuant to Article 95(1) of the ACP-EU Partnership Agreement, the Agreement will expire in 2020. The governance structures applicable to the CDE's functioning in the passive phase should therefore be determined also for the period after 29 February 2020,

            HAS ADOPTED THIS DECISION:
      Article 1
      In order to reflect the cessation of activities of the CDE by 31 December 2016, Annex III to the ACP-EU Partnership Agreement is amended as follows:

                  (1)

                  the title of Annex III is replaced by the following:
                  ‘Institutional Support’.

                  (2)

                  Article 1 is replaced by the following:
                  ‘Cooperation shall support the institutional mechanism to promote agriculture and rural development. In this context, cooperation shall help to strengthen and reinforce the role of the Technical Centre for Agricultural and Rural Cooperation (CTA) in ACP institutional capacity development, particularly information management, in order to improve access to technologies for increasing agricultural productivity, commercialisation, food security and rural development.’.

                  (3)

                  Article 2 is deleted.

                  (4)

                  Article 3 is renumbered as Article 2.

            Article 2
      1.   Before the end of the closure phase, namely 31 December 2016, the European Commission shall contract a Curator to ensure the implementation of the passive phase as from 1 January 2017 for a period of four years, or until the CDE has settled all its liabilities and realised all its assets, whichever happens earlier.
      2.   The Curator shall be responsible for the implementation of the passive phase. The Curator shall provide annual reports to the ACP-EU Committee of Ambassadors on the progress made on the implementation of the passive phase.
      Article 3
      1.   The CDE Statutes, the CDE Financial Regulation and the CDE Staff Regulation shall remain in force until the end of the closure phase.
      This Decision constitutes the new legal framework of the CDE as from 1 January 2017.
      2.   As from 1 January 2017 the legal personality of the CDE, as defined in Article 1 of the CDE Statutes, shall be maintained solely for the purposes of the liquidation of the CDE.
      3.   During the passive phase, the CDE Executive Board, as established in Articles 9 and 10 of the CDE Statutes, will continue to exist until the date of the ACP-EU Committee of Ambassadors decision on the discharge proposal pursuant to Article 4 of Decision No 4/2014.
      As from the passive phase, the tasks of the CDE Executive Board shall be limited to the approval of the closure report, adoption of the accounts related to the closure phase and the transmission of a discharge proposal to the ACP-EU Committee of Ambassadors for decision. From 1 January 2017, it shall hold no more than one meeting per year. This does not exclude the possibility for the CDE Executive Board to decide by written procedure.
      Unless decided otherwise by the ACP-EU Committee of Ambassadors, the discharge is deemed to be approved three months following the date of the transmission of the discharge proposal, or by 31 December 2017, whichever is the earlier.
      4.   The costs related to the passive phase shall be financed under the 11th European Development Fund.
      5.   The entitlements of the CDE in respect of third parties and entitlement of third parties in respect of the CDE shall be subject to a limitation period of three years as from 1 January 2017.
      Article 4
      The assignment of the ACP-EU Joint Working Group on the closure of the CDE, as established by the Joint Declaration of the ACP-EU Council of Ministers of 19-20 June 2014, shall end with the ACP-EU Committee of Ambassadors decision on the discharge proposal pursuant to Article 4 of Decision No 4/2014.
      Article 5
      This Decision shall enter into force upon its adoption, with the exception of Article 1 which shall enter into force on 1 January 2017.

         Done at …,

               For the ACP-EU Committee of Ambassadors

               The President

         (1)  Agreement signed in Cotonou on 23 June 2000 (OJ L 317, 15.12.2000, p. 3), as amended by the Agreement signed in Luxembourg on 25 June 2005 (OJ L 209, 11.8.2005, p.27) and by the Agreement signed in Ouagadougou on 22 June 2010 (OJ L 287, 4.11.2010, p. 3).

         (2)  Decision No 8/2005 of the ACP-EC Committee of Ambassadors of 20 July 2005 on the Statutes and rules of procedure of the Centre for the Development of Enterprise (OJ L 66, 8.3.2006, p. 16).

         (3)  Decision No 4/2014 of the ACP-EU Committee of Ambassadors of 23 October 2014 regarding the mandate to be given to the Executive Board of the Centre for the Development of Enterprise (CDE) (OJ L 330, 15.11.2014, p. 61).

         (4)  Decision No 5/2004 of the ACP-EC Committee of Ambassadors of 17 December 2004 concerning the Financial Regulation of the Centre for the Development of Enterprise (OJ L 70, 9.3.2006, p. 52).


title: 2009/783/EC: Commission Decision of 22 October 2009 on the appointment of members of the stakeholder dialogue group in the areas of public health and consumer protection established by Decision 2007/602/EC

text:
               24.10.2009

               EN

               Official Journal of the European Union

               L 279/6

      COMMISSION DECISION

   of 22 October 2009
   on the appointment of members of the stakeholder dialogue group in the areas of public health and consumer protection established by Decision 2007/602/EC
   (2009/783/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Commission Decision 2007/602/EC of 5 September 2007 setting up the stakeholder dialogue group in the areas of public health and consumer protection (1), and in particular Article 3(1) thereof,
   Whereas:

               (1)

               A stakeholder dialogue group in the areas of public health and consumer protection has been established by Decision 2007/602/EC with effect from 10 October 2007 in order to advise the Commission on best practice in the consultation process and also help it to better tailor its stakeholder involvement processes to stakeholders’ needs in the above-mentioned areas.

               (2)

               The Commission appointed the members of the stakeholder dialogue group in the areas of public health and consumer protection by Decision 2007/793/EC (2) with effect from 29 November 2007 without specifying their respective term of office. It is therefore necessary to decide which members are to be appointed for a four-year term of office and which members are to be appointed for a two-year term of office in accordance with Article 3(4) of Decision 2007/602/EC.

               (3)

               Certain members of the group confirmed their intention to end their participation at the end of November 2009. In order to guarantee the continuity of the group’s activity it is consequently necessary to fix at four years the term of office of the remaining members.

               (4)

               According to Article 3(1) of Decision 2007/602/EC, the members of the group shall be appointed by the Commission from specialists with competence in the areas referred to in Article 2(2) of that Decision and who have responded to the call for an expression of interest.

               (5)

               A call for expression of interest was published on 11 May 2009 and closed on 16 June 2009 and 56 applications were received.

               (6)

               Ten specialists have been identified from the applications received in response to the call of expression of interest. They have balanced experience from stakeholder sectors concerned by the different policy areas covered by the Directorate-General for Health and Consumers. The appointments are made on the basis of the highest standards of competence, a broad range of relevant expertise and, consistent with these criteria, the broadest possible geographic distribution within the Community, as well as a gender balance,

         HAS DECIDED AS FOLLOWS:
   Article 1
   In accordance with Article 3(4) of Decision 2007/602/EC, the Commission herewith fixes at four years the mandate of the following members of the stakeholder dialogue group starting from 29 November 2007 until 29 November 2011:

               BAX Willemien

               BERTELETTI KEMP Florence

               CZIMBALMOS Ágnes

               DI PUPPO Roshan

               GALLANI Barbara

               GOUVEIA Rodrigo

               KETTLITZ Beate

               ROSS Melody

               SHEPPARD Philip

               TIDDENS-ENGWIRDA Lisette

         Article 2
   The Commission herewith appoints as new members of the Stakeholder dialogue group for a full four-year term of office:

               CEPONYTE Zita

               GRUNER Bernd

               HERVE Maryse

               KOSINSKA Monika

               KUTIN Breda

               LOGSTRUP Susanne

               RODRIGUEZ Nathalie

               VAN TICHELEN Sonja

               VINCENTEN Joanne

               VON ESSEN Garlich

         Article 3
   This Decision shall take effect on 2 November 2009.

      Done at Brussels, 22 October 2009.

            For the Commission

         Meglena KUNEVA

            Member of the Commission

      (1)  OJ L 234, 6.9.2007, p. 13.

      (2)  OJ L 320, 6.12.2007, p. 33.


Avis juridique important

|

31981D1012

81/1012/EEC: Commission Decision of 17 December 1981 terminating the anti-dumping proceeding concerning imports of certain monochrome portable television sets originating in the Republic of Korea

Official Journal L 364 , 19/12/1981 P. 0049

****( 1 ) OJ NO L 339 , 31 . 12 . 1979 , P . 1 .  ( 2 ) OJ NO C 25 , 5 . 2 . 1981 , P . 3 .    COMMISSION DECISION   OF 17 DECEMBER 1981   TERMINATING THE ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF CERTAIN MONOCHROME PORTABLE TELEVISION SETS ORIGINATING IN THE REPUBLIC OF KOREA  ( 81/1012/EEC )   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 3017/79 OF 20 DECEMBER 1979 ON PROTECTION AGAINST DUMPED OR SUBSIDIZED IMPORTS FROM COUNTRIES NOT MEMBERS OF THE EUROPEAN ECONOMIC COMMUNITY ( 1 ), AND IN PARTICULAR ARTICLE 9 THEREOF ,   AFTER HEARING THE OPINION EXPRESSED BY THE ADVISORY COMMITTEE SET UP UNDER THAT REGULATION ,   WHEREAS IN SEPTEMBER 1980 THE COMMISSION RECEIVED A COMPLAINT LODGED BY THE EUROPEAN ASSOCIATION OF CONSUMER ELECTRONICS MANUFACTURERS ( EACEM ) ON BEHALF OF THE DUTCH , FRENCH AND ITALIAN PRODUCERS OF MONOCHROME PORTABLE TELEVISIONS WHOSE COLLECTIVE OUTPUT CONSTITUTES A MAJOR PART OF TOTAL COMMUNITY PRODUCTION OF THE PRODUCT IN QUESTION ; WHEREAS THIS COMPLAINT WAS LATER SUPPORTED BY THE GERMAN PRODUCERS OF THESE GOODS ; WHEREAS THE COMPLAINT CONTAINED EVIDENCE ON THE ONE HAND OF DUMPING IN RESPECT OF MONOCHROME PORTABLE TELEVISIONS FALLING WITHIN NIMEXE CODE 85.15-27 ORIGINATING IN KOREA AND ON THE OTHER HAND OF MATERIAL INJURY RESULTING THEREFROM ;   WHEREAS , SINCE THERE WAS SUFFICIENT EVIDENCE TO JUSTIFY INITIATING A PROCEEDING , THE COMMISSION ACCORDINGLY ANNOUNCED BY A NOTICE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES ( 2 ) THE INITIATION OF A PROCEEDING CONCERNING IMPORTS INTO THE COMMUNITY OF CERTAIN MONOCHROME PORTABLE TELEVISION SETS ORIGINATING IN KOREA , AND COMMENCED AN INVESTIGATION OF THE MATTER AT COMMUNITY LEVEL ;   WHEREAS , AS REGARDS THE QUESTION OF DUMPING , AND OF INJURY RESULTING THEREFROM , THE COMMISSION SOUGHT TO OBTAIN AND VERIFY ALL INFORMATION IT DEEMED TO BE NECESSARY AND TO THIS END SENT QUESTIONNAIRES TO THE KOREAN FIRMS INVOLVED IN THE PRODUCTION AND EXPORT OF THE PRODUCT IN QUESTION AND TO THE IMPORTERS KNOWN TO BE CONCERNED ;   WHEREAS IN FEBRUARY/MARCH 1981 THE COMMISSION ALSO SENT QUESTIONNAIRES TO THE 29 DUTCH , GERMAN , ITALIAN AND FRENCH FIRMS ON WHOSE BEHALF THE COMPLAINT WAS MADE , IN ORDER TO ALLOW EACH FIRM TO DEMONSTRATE THE INJURY CAUSED TO IT BY IMPORTS OF MONOCHROME PORTABLE TELEVISION SETS IMPORTED FROM KOREA ; WHEREAS THE FIRMS WERE REQUESTED TO REPLY BEFORE THE END OF MARCH 1981 ;   WHEREAS AT THE EXPIRATION OF THE TIME LIMIT REPLIES HAD BEEN RECEIVED FROM ONLY SEVEN FIRMS , OF WHICH ONLY ONE SUPPLIED THE INFORMATION REQUESTED IN THE QUESTIONNAIRE , THE OTHER SIX REPLIES INDICATING THAT THE FIRMS CONCERNED DID NOT REGARD THEMSELVES AS HAVING BEEN INJURED BY IMPORTS OF THE PRODUCTS IN QUESTION FROM KOREA ;   WHEREAS , DESPITE SUBSEQUENT REQUESTS FROM THE COMMISSION TO EACEM FOR A MORE COMPLETE RESPONSE FROM ITS MEMBERS , ONLY SIX FURTHER REPLIES WERE RECEIVED UP TO THE END OF SEPTEMBER 1981 , I.E . SIX TO SEVEN MONTHS AFTER THE QUESTIONNAIRES WERE SENT ; WHEREAS OF THESE SIX REPLIES FOUR CONTAINED INFORMATION REQUESTED IN THE QUESTIONNAIRE AND THE OTHER TWO INDICATED THAT THE FIRMS CONCERNED DID NOT CONSIDER THEMSELVES AS HAVING BEEN INJURED BY IMPORTS OF THE PRODUCTS IN QUESTION FROM KOREA ; WHEREAS THE OTHER 16 PRODUCERS DID NOT REPLY ; WHEREAS THE COMMISSION CARRIED OUT A DETAILED ANALYSIS OF THE FIVE REPLIES RECEIVED ;   WHEREAS THE REPLY FROM THE MOST IMPORTANT COMMUNITY PRODUCER WITH FACILITIES IN FRANCE , ITALY AND THE UNITED KINGDOM INDICATED THAT ITS SALES IN THE COMMUNITY HAD INCREASED FROM 137 000 SETS IN 1977 TO 241 000 SETS IN 1978 , TO 258 000 SETS IN 1979 AND TO 282 000 SETS IN 1980 AND ITS PRODUCTION INCREASED IN PARALLEL ;   WHEREAS THE ONLY OTHER FRENCH PRODUCER WHO REPLIED INDICATED THAT ITS SALES WERE MADE ONLY ON THE FRENCH MARKET ; WHEREAS IMPORTS FROM KOREA INTO FRANCE WERE 0 IN 1977 , SEVEN SETS IN 1978 , 0 IN 1979 AND 515 SETS IN 1980 ; WHEREAS IMPORTS IN SUCH SMALL QUANTITIES COULD NOT CAUSE MATERIAL INJURY ;   WHEREAS THE TWO OTHER ITALIAN PRODUCERS WHO REPLIED INDICATED THAT THEIR SALES WERE MADE ONLY ON THE ITALIAN MARKET ; WHEREAS IMPORTS FROM KOREA INTO ITALY INCREASED FROM 212 SETS IN 1977 TO 26 420 SETS IN 1980 ; WHEREAS , HOWEVER , IN THE SAME PERIOD IMPORTS FROM TAIWAN INCREASED FROM 751 SETS TO 204 206 SETS ; WHEREAS IN THE CIRCUMSTANCES THERE IS NO EVIDENCE THAT ANY INJURY SUFFERED BY ITALIAN PRODUCERS HAS BEEN CAUSED BY IMPORTS FROM KOREA ;   WHEREAS THE ONLY GERMAN PRODUCER WHO REPLIED INDICATED THAT ITS SALES WERE MADE IN GERMANY AND THE BENELUX COUNTRIES ; WHEREAS IMPORTS FROM KOREA INTO THOSE MARKETS INCREASED FROM 254 305 SETS IN 1977 TO 535 704 SETS IN 1980 ; WHEREAS , ALTHOUGH IMPORTS INTO THESE MARKETS FROM TAIWAN INCREASED FROM 289 158 SETS IN 1977 TO 956 650 SETS IN 1980 , THERE WAS SOME EVIDENCE THAT THE GERMAN PRODUCER MAY HAVE BEEN INJURED BY IMPORTS FROM KOREA ; WHEREAS , THEREFORE , THE COMMISSION SOUGHT TO VERIFY THE INFORMATION SUPPLIED BY THE PRODUCER ; WHEREAS , HOWEVER , DESPITE REPEATED REQUESTS FROM THE COMMISSION THIS PRODUCER HAS CONSISTENTLY FAILED TO FACILITATE THE CARRYING OUT BY THE COMMISSION OF AN ON-SPOT INVESTIGATION AT ITS PREMISES , THEREBY SIGNIFICANTLY IMPEDING THE INVESTIGATION ; WHEREAS THE COMMISSION CONCLUDED FROM THIS ATTITUDE THAT IT WAS UNLIKELY THAT ANY INJURY WHICH THIS FIRM MIGHT HAVE SUFFERED WAS MATERIAL ;   WHEREAS , IN THE LIGHT OF THE ABOVE FACTS , THE COMMISSION HAS CONCLUDED THAT THERE IS NO EVIDENCE OF MATERIAL INJURY CAUSED TO A COMMUNITY INDUSTRY BY IMPORTS OF MONOCHROME PORTABLE TELEVISION SETS ORIGINATING IN KOREA ; WHEREAS IN THE CIRCUMSTANCES IT IS NOT APPROPRIATE TO DETERMINE WHETHER THESE IMPORTS HAVE BEEN DUMPED ; WHEREAS THEREFORE THE ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF CERTAIN MONOCHROME PORTABLE TELEVISION SETS FROM KOREA SHOULD BE TERMINATED ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   THE ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF CERTAIN MONOCHROME PORTABLE TELEVISION SETS ORIGINATING IN THE REPUBLIC OF KOREA IS HEREBY TERMINATED .   DONE AT BRUSSELS , 17 DECEMBER 1981 .   FOR THE COMMISSION   WILHELM HAFERKAMP   VICE-PRESIDENT


title: Decision of the European Systemic Risk Board of 3 June 2011 on public access to European Systemic Risk Board documents (ESRB/2011/5)

text:
               16.6.2011

               EN

               Official Journal of the European Union

               C 176/3

         DECISION OF THE EUROPEAN SYSTEMIC RISK BOARD
   of 3 June 2011
   on public access to European Systemic Risk Board documents
   (ESRB/2011/5)
   2011/C 176/03
   THE GENERAL BOARD OF THE EUROPEAN SYSTEMIC RISK BOARD,
   Having regard to Regulation (EU) No 1092/2010 of the European Parliament and of the Council of 24 November 2010 on European Union macro-prudential oversight of the financial system and establishing a European Systemic Risk Board (1), and in particular Articles 4(2), 8(3) and 16(3) thereof,
   Having regard to Council Regulation (EU) No 1096/2010 of 17 November 2010 conferring specific tasks upon the European Central Bank concerning the functioning of the European Systemic Risk Board (2), and in particular Article 6(1) and Article 7 thereof,
   Having regard to Decision ESRB/2011/1 of the European Systemic Risk Board of 20 January 2011 adopting the Rules of Procedure of the European Systemic Risk Board (3), and in particular Articles 5(5), 10(5), 12(5) and 13(10) thereof,
   Having regard to Decision ECB/2004/3 of 4 March 2004 on public access to European Central Bank documents (4),
   Whereas it is necessary to adopt practical arrangements for the application of Decision ECB/2004/3 to European Systemic Risk Board (ESRB) documents. Such arrangements should: (i) safeguard the effectiveness and confidentiality of the ESRB’s proceedings, activities and discussions, as well as its warnings and recommendations; (ii) specify the procedure for handling applications for access to ESRB documents directed at the parties represented in the General Board of the ESRB; and (iii) ensure a two-stage procedure, aligned with good administrative practice,
   HAS ADOPTED THIS DECISION:
   Article 1
   Purpose
   This Decision sets out the practical arrangements for the application of Decision ECB/2004/3 to ESRB documents. The rules specified in Decision ECB/2004/3 applying to the granting by the European Central Bank (ECB) of access to ECB documents shall apply mutatis mutandis to the granting by the ESRB of access to ESRB documents, subject to the adaptations specified in this Decision.
   Article 2
   Definitions
   For the purpose of this Decision:

               (a)

               ‘document’ and ‘ESRB document’ mean any content whatever its medium (written on paper or stored in electronic form or as a sound, visual or audiovisual recording) drawn up or held by the ESRB and relating to its policies, activities or decisions;

               (b)

               ‘third party’ means any natural or legal person, or any entity outside the ESRB;

               (c)

               ‘ESRB member’ means a third party institution or body from which the General Board of the ESRB draws its members according to Article 6(1) and (2) of Regulation (EU) No 1092/2010.

         Article 3
   Exceptions
   1.   As regards exceptions to access to ESRB documents, the rules specified in Article 4 of Decision ECB/2004/3 shall apply, subject to the adaptations specified in this Article.
   2.   The ESRB shall refuse access to an ESRB document on any of the grounds specified in Article 4 of Decision ECB/2004/3, and in particular where disclosure would undermine the protection of the public interest in the confidentiality or effectiveness of its proceedings, activities, discussions, warnings or recommendations.
   3.   As regards third-party documents, the ESRB shall consult the third party concerned with a view to assessing whether an exception is applicable, unless it is clear that the document shall or shall not be disclosed. The ESRB may refer requests to access documents drawn up by ESRB members to the ESRB member concerned.
   4.   The General Board of the ESRB shall perform the functions assigned in Article 4(6) of Decision ECB/2004/3 to the ECB’s Governing Council.
   Article 4
   Documents held by ESRB members
   Documents that are in the possession of an ESRB member and have been drawn up by the ESRB may be disclosed by an ESRB member only subject to prior consultation of the General Board of the ESRB, unless it is clear that the document shall or shall not be disclosed. Alternatively the ESRB member may refer the request to the General Board of the ESRB.
   Article 5
   Processing of applications
   1.   The ESRB shall process the applications for access to ESRB documents in accordance with Articles 6 to 8 of Decision ECB/2004/3, subject to the adaptations specified in this Article.
   2.   Applications and confirmatory applications for access to ESRB documents shall be made to the ESRB Secretariat (5).
   3.   The Head of the ESRB Secretariat shall perform the functions assigned in Article 7(1) of Decision ECB/2004/3 to the Director General Secretariat and Language Services of the ECB.
   4.   The General Board of the ESRB shall perform the functions assigned in Articles 7(2) and 8(1) of Decision ECB/2004/3 to the ECB’s Executive Board. The Steering Committee of the ESRB shall assist the General Board of the ESRB by reviewing the confirmatory applications and presenting its assessments.
   Article 6
   Entry into force
   This Decision shall enter into force on 18 June 2011.

      Done at Frankfurt am Main, 3 June 2011.

            The Chair of the ESRB

         Jean-Claude TRICHET

      (1)  OJ L 331, 15.12.2010, p. 1.

      (2)  OJ L 331, 15.12.2010, p. 162.

      (3)  OJ C 58, 24.2.2011, p. 4.

      (4)  OJ L 80, 18.3.2004, p. 42.

      (5)  Addressed to the ESRB’s Secretariat, Kaiserstrasse 29, 60311 Frankfurt am Main. Fax +49 6913447347. E-mail: esrbsecretariat@esrb.europa.eu


title: Decision (EU) 2017/1666 of the European Parliament of 27 April 2017 on discharge in respect of the implementation of the budget of the European Fisheries Control Agency for the financial year 2015

text:
               29.9.2017

               EN

               Official Journal of the European Union

               L 252/220

         DECISION (EU) 2017/1666 OF THE EUROPEAN PARLIAMENT
   of 27 April 2017
   on discharge in respect of the implementation of the budget of the European Fisheries Control Agency for the financial year 2015
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Fisheries Control Agency for the financial year 2015,

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Fisheries Control Agency for the financial year 2015, together with the Agency's reply (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2015, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council's recommendation of 21 February 2017 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2015 (05873/2017 — C8-0067/2017),

               —

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

               —

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

               —

               having regard to Council Regulation (EC) No 768/2005 of 26 April 2005 establishing a Community Fisheries Control Agency and amending Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy (4), and in particular Article 36 thereof,

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (5), and in particular Article 108 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Fisheries (A8-0100/2017),

               1.

               Grants the Executive Director of the European Fisheries Control Agency discharge in respect of the implementation of the Agency's budget for the financial year 2015;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Executive Director of the European Fisheries Control Agency, 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

         Antonio TAJANI

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 449, 1.12.2016, p. 93.

      (2)  See footnote 1.

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

      (4)  OJ L 128, 21.5.2005, p. 1.

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


title: 2011/731/: Council Decision of 8 November 2011 on the conclusion, on behalf of the European Union, of the 2006 International Tropical Timber Agreement

text:
               12.11.2011

               EN

               Official Journal of the European Union

               L 294/1

         COUNCIL DECISION
   of 8 November 2011
   on the conclusion, on behalf of the European Union, of the 2006 International Tropical Timber Agreement
   (2011/731/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 192 and 207 thereof, read in conjunction with Article 218(6)(a) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               On 27 January 2006 the negotiating conference established under the aegis of the United Nations Conference on Trade and Development (UNCTAD) approved the text of the 2006 International Tropical Timber Agreement (‘the 2006 Agreement’).

               (2)

               The 2006 Agreement was negotiated to replace the International Tropical Timber Agreement of 1994 (‘the 1994 Agreement’) as extended, which will remain in force until the entry into force of the 2006 Agreement.

               (3)

               The 2006 Agreement has been open for signature since 3 April 2006 and will remain so until 1 month after its final entry into force. Consent to be bound by that Agreement shall be expressed either by definitive signature or by ratification, acceptance, approval or accession.

               (4)

               The objectives of the 2006 Agreement are consistent with both the common commercial policy and the environmental policy.

               (5)

               The European Community was a party to the 1994 Agreement. The 2006 Agreement will continue to promote the European Union’s sustainable development objectives.

               (6)

               The Community signed the 2006 Agreement on 2 November 2007. All the Member States have expressed their intention to ratify it.

               (7)

               As the compulsory contributions by the consumer members of the International Tropical Timber Organisation are assessed primarily in terms of the volume of tropical timber they import, the Union will contribute to the Administrative Account of the International Tropical Timber Organisation, once the 2006 Agreement enters into force, while the Member States, as well as the Union, will be able to make voluntary financial contributions to the planned actions via the voluntary contribution accounts of the Organisation.

               (8)

               The 2006 Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The 2006 International Tropical Timber Agreement (1) (‘the 2006 Agreement’) is hereby approved on behalf of the Union.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to deposit the instrument of approval on behalf of the Union with the Secretary-General of the United Nations, in accordance with Article 36(2) of the 2006 Agreement.

      Done at Brussels, 8 November 2011.

            For the Council

            The President

         J. VINCENT-ROSTOWSKI

      (1)  The text of the Agreement has been published in OJ L 262, 9.10.2007, p. 8, together with the decision on signing and provisional application.


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31988D0219

88/219/EEC: Council Decision of 29 February 1988 on the conclusion of an Agreement in the form of an exchange of letters concerning the provisional application of the Agreement on relations in the sea fisheries sector between the European Economic Community and the Kingdom of Morocco, initialled at Brussels on 25 February 1988

Official Journal L 099 , 16/04/1988 P. 0045

*****COUNCIL  DECISION  of 29 February 1988  on the conclusion of an Agreement in the form of an Exchange of Letters concerning the provisional application of the Agreement on relations in the sea fisheries sector between the European Economic Community and the Kingdom of Morocco, initialled at Brussels on 25 February 1988  (88/219/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the Act of Accession of Spain and Portugal, and in particular Articles 155 (2) (b), 167 (3) and 354 (3) thereof,  Having regard to the proposal from the Commission,  Whereas the preliminary fishing arrangements concluded between the Community and Morocco on 1 August 1987 (1) expired on 31 December 1987; whereas the fishing activities of Community vessels were suspended from that date;  Whereas the Community and the Kingdom of Morocco have negotiated and initialled an Agreement concerning their relations in the sea fisheries sector which ensures fishing opportunities for fishermen of the enlarged Community in the waters over which Morocco has sovereignty or jurisdiction;  Whereas, pursuant to Article 155 (2) (b) of the Act of Accession, the Council is required to determine the procedures appropriate to take into consideration all or part of the interests of the Canary Islands and Ceuta and Melilla when it adopts decisions, case by case, particularly with a view to the conclusion of fisheries agreements with third countries; whereas the said procedures need to be determined in this particular case;  Whereas, in order to preserve the fishing activities of vessels of the enlarged Community, the two parties also initialled an Exchange of Letters providing for the provisional application of the Agreement from 1 March 1988; whereas it is therefore urgent that this Exchange of Letters be concluded as soon as possible, pending the conclusion of the Agreement,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement in the form of an Exchange of Letters concerning the provisional application of the Agreement on relations in the sea fisheries sector between the European Economic Community and the Kingdom of Morocco on maritime fishing relations is hereby approved on behalf of the Community.  The texts of the Agreement in the form of an Exchange of Letters and of the Agreement are attached to this Decision.  Article 2  In order to take into consideration the interests of the Canary Islands, Ceuta and Melilla, the Agreement and, to the extent required for its application, the provisions of  the common fisheries policy relating to the conservation and management of fishery resources shall also apply to vessels flying the flag of Spain which are recorded on a permanent basis in the registers of the competent authorities at local level (registros de base) in the Canary Islands or in Ceuta and Melilla, under the conditions defined in note 6 of Annex I to Council Regulation (EEC) No 570/86 of 24 February 1986 concerning the definition of the concept of 'originating products' and methods of administrative cooperation in trade between the customs territory of the Community, Ceuta and Melilla and the Canary Islands (1).  Article 3  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 in order to bind the Community.  Done at Brussels, 29 February 1988.  For the Council  The President  W. von GELDERN  (1) OJ No L 232, 19. 8. 1987, p. 19.  (1) OJ No L 56, 1. 3. 1986, p. 1.20 VESSELS  20 VESSELS  20 VESSELS  REDUCTION ARTICLE 7 ( 2 ) AND RESTRICTION ARTICLE 7 ( 4 ) OF AGREEMENT  NOT APPLICABLE  NOT APPLICABLE  NOT APPLICABLE  NOT APPLICABLE   //   //  //  //  //  (*) THESE VESSELS ARE ALSO AUTHORIZED TO FISH BETWEEN LATITUDE 30*40N AND LATITUDE 28*44N .  (**) THESE FISHING ACTIVITIES MAY NOT BE CONDUCTED BETWEEN LATITUDE 30*40N AND LATITUDE 28*44N .  (***) IN THE ZONE BETWEEN LATITUDE 30*40N AND LATITUDE 28*44N, THESE ACTIVITIES MAY BE CONDUCTED ONLY BEYOND 20 MILES .  ( 1 ) LICENCES SHALL BE ISSUED FOR ELEVEN-TWELFTHS OF THE AUTHORIZED TONNAGE . HOWEVER, ON MOROCCO'S INITIATIVE, FISHING MAY BE HALTED FOR BIOLOGICAL RECOVERY REASONS FOR A FIXED ONE-MONTH PERIOD TO BE DETERMINED BY THE JOINT COMMITTEE .  ( 2 ) DURING THE PERIOD FOR WHICH FISHING IS HALTED FOR BIOLOGICAL RECOVERY REASONS, THE LICENCES SHALL BE ISSUED FOR HALF THE AUTHORIZED MONTHLY TONNAGE .  ARTICLE 2  THE FINANCIAL CONTRIBUTION, PROVIDED FOR IN ARTICLE 2 OF THE AGREEMENT, TO SCIENTIFIC OR TECHNICAL PROGRAMMES DESIGNED TO BOOST RESEARCH ON FISHERIES AND TO IMPROVE THE MANAGEMENT OF FISHERY RESOURCES AND THE MONITORING OF THE EXPLOITATION OF THOSE RESOURCES, SHALL BE SET AT 6 MILLION ECU FOR THE PERIOD REFERRED TO IN ARTICLE 1 . THE CONTRIBUTION SHALL BE PAYABLE IN FOUR ANNUAL INSTALMENTS TO THE MINISTRY OF MARITIME FISHING AND THE MERCHANT NAVY .  ARTICLE 3  1 . THE FINANCIAL COMPENSATION PROVIDED FOR IN ARTICLE 5 OF THE AGREEMENT SHALL BE SET FOR THE PERIOD REFERRED TO IN ARTICLE 1 AT 272 MILLION ECU, PAYABLE IN FOUR ANNUAL INSTALMENTS TO AN ACCOUNT OPENED WITH A FINANCIAL INSTITUTION OR TO ANY OTHER RECIPIENT DESIGNATED BY MOROCCO; A MINIMUM OF 20 MILLION ECU OF THIS COMPENSATION SHALL BE USED TO LAUNCH AND UNDERTAKE THE SPECIFIC OPERATIONS PROVIDED FOR IN ARTICLE 3 AND TO STRENGTHEN THE INFRASTRUCTURE OF MARITIME TRAINING ESTABLISHMENTS IN MOROCCO AS PROVIDED FOR IN ARTICLE 4 .  2 . FURTHERMORE, AN ADDITIONAL TOTAL AMOUNT OF 3 500 000 ECU WILL BE MADE AVAILABLE TO MOROCCO BY THE COMMUNITY AS STUDY OR PRACTICAL TRAINING AWARDS WITH A MAXIMUM DURATION OF FIVE YEARS AND ALSO FOR TRAINING PERIODS AND EXCHANGES OF PERSONNEL IN THE VARIOUS SCIENTIFIC, TECHNICAL AND ECONOMIC BRANCHES CONCERNING FISHERIES; OF THIS AMOUNT 15 % MAY BE USED, AT THE MOROCCAN AUTHORITIES' REQUEST, TO COVER THE COSTS OF ATTENDING INTERNATIONAL MEETINGS RELATING TO FISHERIES . THE AMOUNT SHALL BE PAYABLE AS AND WHEN AWARDS ARE TAKEN UP .  ARTICLE 4  WITHIN THE LIMITS AND CONDITIONS LAID DOWN IN ANNEX II, PREPARED OR PRESERVED SARDINES FALLING WITHIN CN CODE EX 1604 13 10 OR 1604 20 50 AND ORIGINATING IN MOROCCO SHALL BE IMPORTED DUTY-FREE INTO THE COMMUNITY UNDER THE TRADE ARRANGEMENTS ESTABLISHED BY THE COOPERATION AGREEMENT, BY WAY OF DEROGATION FROM ARTICLE 19 THEREOF .  PROTOCOL NO 2  ON EXPERIMENTAL FISHING  ARTICLE 1  FROM 1 MARCH 1988, AND FOR A PERIOD OF TWO YEARS, THE FISHING OPPORTUNITIES FOR EXPERIMENTAL FISHING SEASONS SHALL BE ACCORDED ON A MONTHLY BASIS AS FOLLOWS :  1.2LOBSTER FISHING WITH POTS :  1 000 GRT, SOUTHERN ZONE  FISHING FOR SHRIMPS AND PRAWNS AND OTHER DEMERSAL SPECIES NOT EXPLOITED ECONOMICALLY :  500 GRT, SOUTHERN ZONE  ARTICLE 2  AT THE END OF EACH EXPERIMENTAL SEASON THE SHIPOWNERS OF THE VESSELS CONCERNED SHALL FORWARD TO THE COMPETENT MOROCCAN AUTHORITIES A REPORT ON :  ( A ) THE TECHNICAL ASPECTS OF THE EXPERIMENTAL SEASON, NOTABLY THE FISHING METHODS EMPLOYED;  ( B ) THE SPECIES CAUGHT, THE PLACES WHERE CAUGHT, THE CORRESPONDING YIELDS AND BY-CATCHES;  ( C ) THE ECONOMIC RESULTS OF THE SEASON .  ARTICLE 3  BEFORE EXPIRY OF THIS PROTOCOL THE CONTRACTING PARTIES SHALL MEET IN THE FRAMEWORK OF THE JOINT COMMITTEE REFERRED TO IN ARTICLE 10 OF THE AGREEMENT IN ORDER TO ESTABLISH THE FISHING OPPORTUNITIES AND THE CORRESPONDING COMMUNITY COMPENSATION IN THE LIGHT OF THE RESULTS OF THE EXPERIMENTAL FISHING .


title: Decision (EU) 2017/1618 of the European Parliament of 27 April 2017 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2015, Section V — Court of Auditors

text:
               29.9.2017

               EN

               Official Journal of the European Union

               L 252/120

         DECISION (EU) 2017/1618 OF THE EUROPEAN PARLIAMENT
   of 27 April 2017
   on discharge in respect of the implementation of the general budget of the European Union for the financial year 2015, Section V — Court of Auditors
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2015 (1),

               —

               having regard to the consolidated annual accounts of the European Union for the financial year 2015 (COM(2016) 475 — C8-0273/2016) (2),

               —

               having regard to the Court of Auditors' annual report on the implementation of the budget concerning the financial year 2015, together with the institutions' 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 2015, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular Articles 55, 99, 164, 165 and 166 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A8-0151/2017),

               1.

               Grants the Secretary-General of the Court of Auditors discharge in respect of the implementation of the budget of the Court of Auditors for the financial year 2015;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this decision and the resolution forming an integral part of it to the Court of Auditors, the European Council, the Council, the Commission, the Court of Justice of the European Union, the European Ombudsman, the European Data Protection Supervisor and the European External Action Service, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Antonio TAJANI

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 69, 13.3.2015.

      (2)  OJ C 380, 14.10.2016, p. 1.

      (3)  OJ C 375, 13.10.2016, p. 1.

      (4)  OJ C 380, 14.10.2016, p. 147.

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


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31981D0366

81/366/EEC: Commission Decision of 18 May 1981 accepting an undertaking given in connection with the anti-dumping proceedings concerning louvre doors originating in Malaysia and Singapore and terminating the proceedings

Official Journal L 135 , 22/05/1981 P. 0033

****( 1 ) OJ NO L 339 , 31 . 12 . 1979 , P . 1 .  ( 2 ) OJ NO C 286 , 9 . 11 . 1980 , P . 4 .  ( 1 ) NIMEXE CODE EX 44.23-51 ; COMMON CUSTOMS TARIFF HEADING NO EX 44.23 .        COMMISSION DECISION   OF 18 MAY 1981   ACCEPTING AN UNDERTAKING GIVEN IN CONNECTION WITH THE ANTI-DUMPING PROCEEDINGS CONCERNING LOUVRE DOORS ORIGINATING IN MALAYSIA AND SINGAPORE AND TERMINATING THE PROCEEDINGS  ( 81/366/EEC )   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 3017/79 OF 20 DECEMBER 1979 ON PROTECTION AGAINST DUMPED OR SUBSIDIZED IMPORTS FROM COUNTRIES NOT MEMBERS OF THE EUROPEAN ECONOMIC COMMUNITY ( 1 ), AND IN PARTICULAR ARTICLE 10 THEREOF ,   AFTER HEARING THE OPINION EXPRESSED BY THE ADVISORY COMMITTEE SET UP UNDER THAT REGULATION ,   WHEREAS , IN SEPTEMBER 1980 , THE COMMISSION RECEIVED A COMPLAINT LODGED BY PATCO LOUVRES LTD AND STAFFWOODS LTD ON BEHALF OF THE EEC MANUFACTURERS REPRESENTING ALMOST ALL THE COMMUNITY PRODUCTION OF LOUVRE DOORS ; WHEREAS THE COMPLAINT CONTAINED EVIDENCE OF THE EXISTENCE OF DUMPING IN RESPECT OF LIKE PRODUCTS ORIGINATING IN MALAYSIA AND SINGAPORE AND OF MATERIAL INJURY RESULTING THEREFROM ;   WHEREAS THE SAID EVIDENCE WAS SUFFICIENT TO JUSTIFY INITIATING AN INVESTIGATION ;   WHEREAS THE COMMISSION ACCORDINGLY ANNOUNCED , BY A NOTICE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES ( 2 ), THE INITIATION OF PROCEEDINGS CONCERNING IMPORTS OF LOUVRE DOORS ORIGINATING IN MALAYSIA AND SINGAPORE , AND COMMENCED AN INVESTIGATION OF THE MATTER AT COMMUNITY LEVEL ;   WHEREAS THE COMMISSION OFFICIALLY SO ADVISED THE EXPORTERS AND IMPORTERS KNOWN TO BE CONCERNED ;   WHEREAS THE COMMISSION HAS GIVEN THE PARTIES DIRECTLY CONCERNED THE OPPORTUNITY TO MAKE KNOWN THEIR VIEWS IN WRITING AND TO BE HEARD ORALLY , AND TO MEET SO THAT OPPOSING VIEWS MIGHT BE PRESENTED AND ARGUMENTS PUT FORWARD IN REBUTTAL ;   WHEREAS THE MAJORITY OF THE PARTIES CONCERNED HAVE TAKEN THIS OPPORTUNITY ;   WHEREAS , IN ORDER TO ARRIVE AT A PRELIMINARY DETERMINATION OF THE DUMPING MARGIN AND INJURY , THE COMMISSION VERIFIED ALL INFORMATION IT DEEMED TO BE NECESSARY AND CARRIED OUT INVESTIGATIONS AT THE PREMISES OF THE PRINCIPAL PRODUCERS AND EXPORTERS , INCLUDING , IN MALAYSIA , SYARIKAT MALAYSIA WOOD INDUSTRIES ( SUNGAI PETANI ) AND , IN SINGAPORE , CHUAN SOON HUAT , GOLDEN WOOD PRODUCTS PTE LTD AND MASTER TIMBER INDUSTRIES PTE LTD ; WHEREAS THE COMMISSION CONTACTED A NUMBER OF AGENTS AND IMPORTERS ; WHEREAS THE COMMISSION ALSO CARRIED OUT INVESTIGATIONS AT THE PREMISES OF THE MAIN COMPLAINANT COMMUNITY PRODUCERS , NAMELY , IN THE UNITED KINGDOM , PATCO LOUVRES LTD , THETFORD , NORFOLK , AND STAFFWOODS LTD , WOLVERHAMPTON ;   WHEREAS FOR ALL THE PRODUCERS CONCERNED THERE WERE NO SALES OF THE LIKE PRODUCT IN THE ORDINARY COURSE OF TRADE ON THEIR DOMESTIC MARKETS AND THE NORMAL VALUE WAS , THEREFORE , BASED ON THE CONSTRUCTED VALUE , THAT IS THE COSTS IN THE ORDINARY COURSE OF TRADE OF MATERIALS , MANUFACTURE AND OVERHEADS IN SINGAPORE AND MALAYSIA PLUS A 10 % MARGIN FOR PROFIT CONSIDERED TO BE REASONABLE ; WHEREAS TO DETERMINE THE EXISTENCE OF DUMPING BY MALAYSIAN AND SINGAPOREAN PRODUCERS A COMPARISON WAS MADE OF THEIR EXPORT PRICES TO THE COMMUNITY WITH THEIR RESPECTIVE NORMAL VALUES ; WHEREAS THESE COMPARISONS WERE MADE AT THE EX-FACTORY STAGE FOR SALES DURING THE PERIOD 1 NOVEMBER 1979 TO 31 DECEMBER 1980 ;   WHEREAS IT EMERGED FROM THIS EXAMINATION THAT MALAYSIAN EXPORT PRICES TO THE COMMUNITY WERE NOT LOWER THAN THE CORRESPONDING CONSTRUCTED VALUE ;   WHEREAS CONSEQUENTLY NO DUMPING EXISTED IN THE CASE OF EXPORTS FROM MALAYSIA OF THE PRODUCT IN QUESTION TO THE COMMUNITY ;   WHEREAS IN THESE CIRCUMSTANCES IT IS APPROPRIATE TO TERMINATE THE PROCEEDINGS CONCERNING IMPORTS OF LOUVRE DOORS ORIGINATING IN MALAYSIA ;   WHEREAS IN SINGAPORE THE RESULTS OF THE PRELIMINARY INVESTIGATION AT THE COMPANIES CONCERNED WERE AS FOLLOWS :   -  WITH RESPECT TO CHUAN SOON HUAT AND GOLDEN WOOD PTE LTD THE COMPARISON OF THEIR EXPORT PRICES WITH THEIR RESPECTIVE CONSTRUCTED VALUES SHOWED THAT THERE WAS NO DUMPING ;   -  WITH RESPECT TO MASTER TIMBER INDUSTRIES PTE LTD IT WAS FOUND THAT THEIR RAW MATERIALS WERE BOUGHT FROM THEIR ASSOCIATED COMPANY AT PRICES WHICH COULD NOT BE CONSIDERED AS BEING IN THE ORDINARY COURSE OF TRADE AND THAT FOR CERTAIN OTHER COSTS THERE WAS NO SUBSTANTIATING EVIDENCE ; THE CONSTRUCTED VALUE WAS THEREFORE BASED ON THE EVIDENCE WHICH COULD BE SUBSTANTIATED , WITH A BEST ESTIMATE ON THE FACTS AVAILABLE BEING MADE FOR THE OTHER COSTS . THE PRICE COMPARISON OF THE CONSTRUCTED VALUE AND MASTER TIMBER ' S EXPORT PRICES TO THE COMMUNITY SHOWED THAT THERE WERE DUMPING MARGINS RANGING UP TO 30 % . EXPORTS HAD ALSO BEEN OFFERED TO A UNITED KINGDOM IMPORTER AT DUMPING MARGINS OF UP TO 40 % ;   WHEREAS , WITH REGARD TO THE INJURY CAUSED TO THE COMMUNITY INDUSTRY , THE EVIDENCE AVAILABLE TO THE COMMISSION SHOWS THAT TOTAL IMPORTS INTO THE COMMUNITY OF THE LOUVRE DOORS IN QUESTION SOLD BY MASTER TIMBER INDUSTRIES PTE LTD ROSE FROM APPROXIMATELY 233 000 UNITS IN 1979 TO 450 000 UNITS IN 1980 ; WHEREAS THERE WAS ALSO EVIDENCE THAT MASTER TIMBER INDUSTRIES HAD CONTRACTED TO SELL APPROXIMATELY 100 000 PIECES TO A UNITED KINGDOM IMPORTER AT DUMPED PRICES AND HAD OFFERED UNLIMITED QUANTITIES AT EVEN HIGHER DUMPING MARGINS ;   WHEREAS , IN THE ABSENCE OF SEPARATE PRODUCTION AND IMPORT FIGURES RELATING TO LOUVRE DOORS ALONE , IT IS DIFFICULT TO GAUGE EXACTLY THE SIZE OF THE COMMUNITY MARKET FOR SUCH UNITS ; WHEREAS , NEVERTHELESS , THE BEST INFORMATION AVAILABLE SUGGESTS THAT THE TOTAL COMMUNITY MARKET HAS REMAINED RELATIVELY STATIC FROM 1978 TO 1980 ; WHEREAS THE MARKET SHARE HELD BY IMPORTS OF LOUVRE DOORS ORIGINATING IN SINGAPORE IN THE UNITED KINGDOM ROSE FROM 9 % IN 1979 TO 24 % IN 1980 ; WHEREAS MASTER TIMBER INDUSTRIES PTE LTD ACCOUNTED FOR APPROXIMATELY 50 % OF THESE IMPORTS ;   WHEREAS THE RESALE PRICES IN THE COMMUNITY OF DUMPED LOUVRE DOORS ORIGINATING IN SINGAPORE UNDERCUT THOSE OF LIKE UNITS PRODUCED BY COMMUNITY MANUFACTURERS BY UP TO 34 % ;   WHEREAS THE CONSEQUENT IMPACT ON THE COMMUNITY INDUSTRY IS CHARACTERIZED BY DEPRESSION OF COMMUNITY PRICES OR PREVENTION OF PRICE INCREASES WHICH OTHERWISE WOULD HAVE OCCURRED ;   WHEREAS MOST OF THE COMMUNITY FIRMS ARE CONSEQUENTLY MAKING CONSIDERABLY REDUCED PROFITS ON LOUVRE DOORS AND THE PROFITABILITY OF THIS INDUSTRY AS A WHOLE IS , THEREFORE , AT RISK ; WHEREAS THE BEST INFORMATION AVAILABLE SUGGESTS THAT SINCE 1979 THERE HAS BEEN A REDUCTION OF 15 % IN THE NUMBERS EMPLOYED DIRECTLY IN THE MANUFACTURE OF LOUVRE DOORS ; WHEREAS FURTHERMORE THE NUMBER OF HOURS WORKED IN THE COMMUNITY INDUSTRY HAS BEEN REDUCED BY BETWEEN 34 AND 40 % ;   WHEREAS INJURY CAUSED BY OTHER FACTORS WHICH COULD ADVERSELY AFFECT THE COMMUNITY INDUSTRY HAS BEEN EXAMINED AND IT WAS FOUND THAT AMOUNTS EXPORTED BY MALAYSIAN AND SINGAPOREAN PRODUCERS OTHER THAN MASTER TIMBER INDUSTRIES PTE LTD WERE GENERALLY CONSIDERABLY LOWER THAN THE SHIPMENTS MADE BY MASTER TIMBER AND THAT IN MOST CASES THE PRICES OF THE OTHER PRODUCERS WERE HIGHER ; WHEREAS IT HAS BEEN ESTABLISHED THAT THE DUMPED IMPORTS IN THEMSELVES HAVE CONSEQUENCES WHICH HAVE TO BE CONSIDERED AS MATERIAL INJURY ;   WHEREAS , IN VIEW OF THE FOREGOING , THE PRELIMINARY EXAMINATION OF THE FACTS SHOWS THAT DUMPING OF LOUVRE DOORS BY MASTER TIMBER INDUSTRIES PTE LTD EXISTS , AND THAT THERE IS SUFFICIENT EVIDENCE OF CONSEQUENT MATERIAL INJURY WHICH COULD WORSEN IN VIEW OF THE UNLIMITED QUANTITIES WHICH THIS COMPANY WAS PREPARED TO EXPORT AT DUMPED PRICES ;   WHEREAS THE EXPORTER CONCERNED WAS INFORMED OF THE MAIN FINDINGS OF THE PRELIMINARY INVESTIGATION AND COMMENTED ON THEM ; WHEREAS AN UNDERTAKING WAS CONSEQUENTLY OFFERED BY MASTER TIMBER INDUSTRIES PTE LTD ( SINGAPORE ) CONCERNING IMPORTS FROM SINGAPORE ;   WHEREAS THE EFFECT OF THE SAID UNDERTAKING WILL BE TO INCREASE IMPORT PRICES INTO THE COMMUNITY TO A LEVEL NECESSARY TO ELIMINATE DUMPING ; WHEREAS THESE INCREASES IN NO CASE EXCEED THE DUMPING MARGIN ;   WHEREAS THE COMMISSION HAS , THEREFORE , DETERMINED THAT IT IS NOT NOW NECESSARY TO TAKE PROTECTIVE ACTION IN RESPECT OF IMPORTS FROM MASTER TIMBER INDUSTRIES PTE LTD ;   WHEREAS , IN THESE CIRCUMSTANCES , THE UNDERTAKING OFFERED IS CONSIDERED ACCEPTABLE AND THE PROCEEDING CONCERNING SINGAPORE MAY , THEREFORE , BE TERMINATED WITHOUT IMPOSITION OF ANTI-DUMPING DUTIES ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   THE COMMISSION HEREBY ACCEPTS THE UNDERTAKING GIVEN IN CONNECTION WITH THE ANTI-DUMPING PROCEEDING CONCERNING LOUVRE DOORS ( 1 ) ORIGINATING IN SINGAPORE .   ARTICLE 2   THE ANTI-DUMPING PROCEEDINGS CONCERNING IMPORTS OF LOUVRE DOORS ORIGINATING IN MALAYSIA AND SINGAPORE ARE HEREBY TERMINATED .   DONE AT BRUSSELS , 18 MAY 1981 .   FOR THE COMMISSION   WILHELM HAFERKAMP   VICE-PRESIDENT


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31970D0402

70/402/EEC: Commission Decision of 28 July 1970 conferring authority to fix standard average values for citrus fruits  /* Unofficial translation */

Official Journal L 189 , 25/08/1970 P. 0013 - 0014 Danish special edition: Series II Volume II P. 0022  English special edition: Series II Volume II P. 0022  Greek special edition: Chapter 02 Volume 1 P. 0109

++++ ( 1 ) OJ N 147 , 11 . 7 . 1967 , P . 7 .   ( 2 ) OJ N I 145 , 3 . 7 . 1970 , P . 28 .   ( 3 ) OJ N L 171 , 4 . 8 . 1970 , P . 10 .  COMMISSION DECISION  OF 28 JULY 1970  CONFERRING AUTHORITY TO FIX STANDARD AVERAGE VALUES FOR CITRUS FRUITS   ( 70/402/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING A SINGLE COUNCIL AND A SINGLE COMMISSION OF THE EUROPEAN COMMUNITIES ;  HAVING REGARD TO THE PROVISIONAL RULES OF PROCEDURE OF THE COMMISSION OF 6 JULY 1967 ( 1 ) , AS AMENDED BY THE DECISION OF 2 JULY 1970 ( 2 ) ;  WHEREAS THE OPERATION OF A SYSTEM OF STANDARD AVERAGE VALUES INVOLVES THE ADOPTION BY THE COMMISSION OF NUMEROUS AND URGENT ADMINISTRATIVE MEASURES REQUIRING THE CONSIDERATION OF A NUMBER OF COMPLEX DATA AND CALCULATIONS ;  WHEREAS COMMISSION REGULATION ( EEC ) N 1570/70 ( 3 ) OF 28 JULY 1970 ESTABLISHES SUCH A SYSTEM FOR CITRUS FRUITS ; WHEREAS IT PROVIDES FOR THE FIXING OF STANDARD AVERAGE VALUES AS A RULE EVERY FOURTEEN DAYS FOR EACH OF THE 43 VARIETIES OF CITRUS FRUITS LISTED IN THE ANNEX TO THAT REGULATION ;  WHEREAS , TAKING ACCOUNT IN PARTICULAR OF ARTICLE 2 , 3 AND 5 OF THAT REGULATION , THE COMMISSION HAS ONLY A SHORT TIME IN WHICH TO FIX AND BRING INTO FORCE THE STANDARD AVERAGE VALUES ;  WHEREAS THE FIXING OF STANDARD AVERAGE VALUES CONSISTS IN ESTABLISHING THE WEIGHTED AVERAGES OF THE FREE-AT-FRONTIER PRICES , EXCLUSIVE OF DUTY , WHICH THE MEMBER STATES HAVE NOTIFIED TO THE COMMISSION ; WHEREAS THIS FIXING INVOLVES ONLY TECHNICAL CALCULATIONS ;  WHEREAS TO ENABLE THIS SYSTEM TO FUNCTION THE CHAIRMAN OF THE WORKING PARTY ON INDUSTRIAL ECONOMY SHOULD BE AUTHORIZED TO TAKE THESE MEASURES OR _ IF HE IS UNABLE TO DO SO _ ANOTHER MEMBER OF THAT WORKING PARTY , ANOTHER MEMBER OF THE COMMISSION OR A SENIOR OFFICIAL OF THE DIRECTORATE-GENERAL FOR INDUSTRY , IN THAT ORDER , ACTING ON BEHALF OF THE COMMISSION WHICH WILL BE RESPONSIBLE THEREFOR ;  WHEREAS THIS AUTHORITY WILL BE EXERCISED UNDER THE SUPERVISION OF THE COMMISSION ; WHEREAS RELEVANT INSTRUMENTS WILL BE ADOPTED IN ACCORDANCE WITH THE RULES IN FORCE AND THE GENERAL DIRECTIONS GIVEN BY THE COMMISSION IN THIS DECISION AND WITH ANY FURTHER DIRECTIONS WHICH MAY BE GIVEN IN THE FUTURE ;  WHEREAS REPORTS ON THE USE OF THIS AUTHORITY WILL BE SUBMITTED TO THE COMMISSION AT REGULAR INTERVALS ;  WHEREAS THIS AUTHORITY IS CONFERRED WITHOUT PREJUDICE TO THE POWER OF THE COMMISSION AS SUCH TO ISSUE DECISIONS WHENEVER IT CONSIDERS IT NECESSARY ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  1 . THE COMMISSION AUTHORIZES THE CHAIRMAN OF THE WORKING PARTY ON INDUSTRIAL ECONOMY TO FIX ON BEHALF OF THE COMMISSION , WHICH SHALL BE RESPONSIBLE THEREFOR , THE STANDARD AVERAGE VALUES PROVIDED FOR IN ARTICLE 2 ( 1 ) OF REGULATION ( EEC ) N 1570/70 OF 28 JULY 1970 ESTABLISHING A SYSTEM OF STANDARD AVERAGE VALUES FOR CITRUS FRUITS .  2 . THE AUTHORITY PROVIDED FOR IN PARAGRAPH 1 SHALL BE EXERCISED , WHEN THE CHAIRMAN OF THE WORKING PARTY ON INDUSTRIAL ECONOMY IS UNABLE TO DO SO :   ( A ) BY THE VICE-CHAIRMAN OR ONE OF THE MEMBERS OF THAT WORKING PARTY OR , IF THEY ARE UNABLE TO DO SO ;   ( B ) BY ONE OF THE OTHER MEMBERS OF THE COMMISSION OR , IF THEY ARE UNABLE TO DO SO ;   ( C ) BY THE DIRECTOR-GENERAL , THE DEPUTY DIRECTOR-GENERAL OR THE DIRECTOR OF DIRECTORATE D OF THE DIRECTORATE-GENERAL FOR INDUSTRIAL AFFAIRS .  ARTICLE 2  THE COMMISSION SHALL EXAMINE REPORTS SUBMITTED TO IT AT REGULAR INTERVALS BY THE CHAIRMAN OF THE WORKING PARTY ON INDUSTRIAL ECONOMY ON THE USE OF THE AUTHORITY PROVIDED FOR IN ARTICLE 1 AND ON ANY DIFFICULTIES ENCOUNTERED . THE COMMISSION SHALL WHERE NECESSARY GIVE FURTHER DIRECTIONS TO THE PERSONS AUTHORIZED .  ARTICLE 3  THIS DECISION SHALL ENTER INTO FORCE ON 18 SEPTEMBER 1970 . IT SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  DONE AT BRUSSELS , 28 JULY 1970 .  FOR THE COMMISSION  THE PRESIDENT  FRANCO M . MALFATTI


title: 2008/202/EC: Council Decision of 28 January 2008 concerning the conclusion of the Agreement between the European Community and the Government of Japan on cooperation and mutual administrative assistance in customs matters

text:
               6.3.2008

               EN

               Official Journal of the European Union

               L 62/23

         COUNCIL DECISION
   of 28 January 2008
   concerning the conclusion of the Agreement between the European Community and the Government of Japan on cooperation and mutual administrative assistance in customs matters
   (2008/202/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 Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On 5 April 1993 the Council authorised the Commission to start negotiating on behalf of the European Community customs cooperation agreements with some of the Community’s main trading partners.

               (2)

               The Agreement between the European Community and the Government of Japan on cooperation and mutual administrative assistance in customs matters should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and the Government of Japan on cooperation and mutual administrative assistance in customs matters is hereby approved on behalf of the European Community.
   The text of the Agreement is attached to this Decision.
   Article 2
   The Commission, assisted by representatives of the Member States, shall represent the Community in the Joint Customs Cooperation Committee set up under Article 21 of the Agreement.
   Article 3
   The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement on behalf of the Community.
   Article 4
   The President of the Council shall effect the notification provided for in Article 22 of the Agreement on behalf of the Community (1).
   Article 5
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 28 January 2008.

            For the Council

            The President

         D. RUPEL

      (1)  The date of the 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---

               6.3.2008

               EN

               Official Journal of the European Union

               L 62/24

         AGREEMENT
   between the European Community and the Government of Japan on cooperation and mutual administrative assistance in customs matters
   THE EUROPEAN COMMUNITY and THE GOVERNMENT OF JAPAN (hereinafter referred to as the Contracting Parties),
   CONSIDERING the importance of the commercial links between Japan and the European Community (hereinafter referred to as the Community), and desirous of contributing, to the benefit of both Contracting Parties, to the harmonious development of those links;
   BELIEVING that, in order to attain this objective, there should be an undertaking to develop customs cooperation;
   TAKING into account the development of customs cooperation between the Contracting Parties, concerning customs procedures;
   CONSIDERING that operations in breach of customs legislation are prejudicial to the economic, fiscal and commercial interests of both Contracting Parties, and recognising the importance of ensuring the accurate assessment of customs duties and other taxes;
   CONVINCED that action against such operations can be made more effective by cooperation between customs authorities;
   RECOGNISING the significant role of customs authorities and the importance of customs procedures in promoting trade facilitation;
   HAVING regard to the high level of commitment of both Contracting Parties to customs actions and cooperation in the fight against infringements of intellectual property rights;
   HAVING regard to obligations imposed under international conventions already accepted by, or applied to the Contracting Parties, as well as customs related activities undertaken by the World Trade Organisation (hereinafter referred to as the WTO);
   HAVING regard to the Recommendation of the Customs Cooperation Council (hereinafter referred to as the CCC) on Mutual Administrative Assistance of December 5, 1953; and
   WHEREAS in 1991 the Joint Declaration on Relations between The European Community and its Member States and Japan provided general guidelines for the relationship and set procedural objectives to further develop relations;
   HAVE AGREED AS FOLLOWS:
   TITLE I
   GENERAL PROVISIONS
   Article 1
   Definitions
   For the purpose of this Agreement:

               (a)

               ‘customs legislation’ shall mean any laws and regulations of Japan or the Community, governing the import, export and transit of goods and placing of goods under any other customs procedures, including measures of prohibitions, restrictions and controls falling under the competence of the customs authorities;

               (b)

               ‘laws and regulations of the Contracting Party’ and ‘laws and regulations of each Contracting Party’ shall mean the laws and regulations of Japan or the laws and regulations of the Community, as the context requires;

               (c)

               ‘customs authority’ shall mean, in Japan, the Ministry of Finance and, in the Community, the competent services of the Commission of the European Communities responsible for customs matters and the customs authorities of the Member States of the Community;

               (d)

               ‘applicant authority’ shall mean a customs authority of a Contracting Party which makes a request for assistance, on the basis of this Agreement;

               (e)

               ‘requested authority’ shall mean a customs authority of a Contracting Party which receives a request for assistance, on the basis of this Agreement;

               (f)

               ‘personal data’ shall mean all information relating to an identified or identifiable individual;

               (g)

               ‘operation in breach of customs legislation’ shall mean any violation or attempted violation of the customs legislation;

               (h)

               ‘person’ shall mean any natural person, any legal person, or any other entity without legal personality constituted or organised under the laws and regulations of each Contracting Party, carrying on importation, exportation, or transit of goods; and

               (i)

               ‘information’ shall mean data, documents, reports, and other communications in any format, including electronic copies thereof.

         Article 2
   Territorial application
   This Agreement shall apply, on the one hand, to the territory of Japan in which its customs legislation is in force and, on the other hand, to the territories where the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty.
   Article 3
   Implementation
   This Agreement shall be implemented by the Contracting Parties in accordance with the laws and regulations of each Contracting Party, and within the available resources of their respective customs authorities.
   Article 4
   Scope of the cooperation
   1.   Under this Agreement, customs cooperation shall cover all matters relating to the application of customs legislation.
   2.   The Contracting Parties through their customs authorities undertake to develop customs cooperation. In particular, the Contracting Parties shall cooperate in:

               (a)

               establishing and maintaining channels of communications between their customs authorities to facilitate the secure and rapid exchange of information;

               (b)

               facilitating effective coordination between their customs authorities; and

               (c)

               any other administrative matters related to this Agreement that may from time to time require their joint action.

         3.   The Contracting Parties also undertake to make cooperative efforts through their customs authorities in order to develop trade facilitation actions in the field of customs in accordance with international standards.
   Article 5
   Scope of assistance
   1.   The Contracting Parties through their customs authorities shall assist each other, in the areas within their competence and within the limits of available resources, and in the manner and under the conditions laid down in this Agreement, to ensure the correct application of customs legislation, in particular by preventing, investigating and combating operations in breach of that legislation.
   2.   Assistance in customs matters under this Agreement shall be provided between the customs authorities of the Contracting Parties, which are competent for the application of this Agreement. It shall not prejudice the rights and obligations of either Contracting Party on mutual assistance in criminal matters under international agreements or the laws and regulations of each Contracting Party. Nor shall it cover information obtained under powers exercised at the request of a judicial authority.
   3.   Assistance to recover duties, taxes or fines is not covered by this Agreement.
   Article 6
   Relation to other international agreements
   1.   The provisions of this Agreement shall not affect the rights and obligations of either Contracting Party under any other international agreements.
   2.   Notwithstanding the provisions of paragraph 1, the provisions of this Agreement shall take precedence over the provisions of any bilateral agreement on customs cooperation and mutual administrative assistance which has been or may be concluded between individual Member States of the Community and Japan, insofar as the provisions of the latter are incompatible with those of this Agreement.
   3.   The provisions of this Agreement shall not affect the Community provisions governing the communication between the competent services of the Commission and the customs authorities of the Member States of the Community of any information obtained under this Agreement which could be of interest to the Community.
   TITLE II
   CUSTOMS COOPERATION
   Article 7
   Cooperation in customs procedures
   For the purpose of facilitating the legitimate movement of goods, the customs authorities shall exchange information and expertise on measures to improve customs techniques and procedures and on computerised systems in accordance with the provisions of this Agreement.
   Article 8
   Technical cooperation
   The customs authorities may provide technical cooperation to each other and exchange personnel and expertise on measures to improve customs techniques and procedures and on computerised systems with a view towards achieving these objectives in accordance with the provisions of this Agreement.
   Article 9
   Discussions in international organisations
   The customs authorities shall seek to develop and strengthen their cooperation on topics of common interest with a view to facilitating discussions on customs matters in the framework of relevant international organisations such as the CCC and the WTO.
   TITLE III
   MUTUAL ADMINISTRATIVE ASSISTANCE
   Article 10
   Assistance on request
   1.   At the request of the applicant authority, the requested authority shall provide it with all relevant information which may enable it to ensure that customs legislation of the Contracting Party of the applicant authority is correctly applied, including information regarding activities detected or planned which are or could be operations in breach of such customs legislation.
   In particular, upon request, the requested authority shall furnish the applicant authority with information regarding activities that may result in operations in breach of customs legislation of the Contracting Party of the applicant authority, for example, incorrect customs declarations and certificates of origin, invoices, or other documents known to be, or suspected of being, incorrect or falsified.
   2.   At the request of the applicant authority, the requested authority shall inform it:

               (a)

               whether goods exported from the territory of one of the Contracting Parties have been properly imported into the other, specifying where appropriate, the customs procedure applied to the goods; and

               (b)

               whether goods imported into the territory of one of the Contracting Parties have been properly exported from the other, specifying where appropriate, the customs procedure applied to the goods.

         3.   At the request of the applicant authority, the requested authority shall, within the framework of the laws and regulations of the Contracting Party of the requested authority, provide information on and exercise special surveillance of:

               (a)

               persons in respect of whom there are reasonable grounds for believing that they are or have been involved in operations in breach of customs legislation of the Contracting Party of the applicant authority;

               (b)

               places where stocks of goods have been or may be stored or assembled in such a way that there are reasonable grounds for believing that these goods are intended to be used in operations in breach of customs legislation of the Contracting Party of the applicant authority;

               (c)

               goods that are or may be transported in such a way that there are reasonable grounds for believing that they are intended to be used in operations in breach of customs legislation of the Contracting Party of the applicant authority; and

               (d)

               means of transport that are or may be used in such a way that there are reasonable grounds for believing that they are intended to be used in operations in breach of customs legislation of the Contracting Party of the applicant authority.

         Article 11
   Spontaneous assistance
   The Contracting Parties shall assist each other, at their own initiative and in accordance with the laws and regulations of each Contracting Party, if they consider that to be necessary for the correct application of customs legislation, in particular, in situations that could involve substantial damage to the economy, public health, public security, or similar vital interest of the other Contracting Party, particularly by providing information obtained pertaining to:

               (a)

               activities which are or appear to be operations in breach of customs legislation and which may be of interest to the other Contracting Party;

               (b)

               new means or methods employed in carrying out operations in breach of customs legislation;

               (c)

               goods known to be subject to operations in breach of customs legislation;

               (d)

               persons in respect of whom there are reasonable grounds for believing they are or have been involved in operations in breach of customs legislation; and

               (e)

               means of transport in respect of which there are reasonable grounds for believing that they have been, are, or may be used in operations in breach of customs legislation.

         Article 12
   Form and substance of requests for assistance
   1.   Requests pursuant to this Agreement shall be made in writing. They shall be accompanied by the documents necessary to enable compliance with the request. When required because of the urgency of the situation, an oral request may be accepted, but must be confirmed immediately in writing.
   2.   Requests pursuant to paragraph 1 shall include the following information:

               (a)

               the applicant authority;

               (b)

               the action requested;

               (c)

               the object of and the reason for the request;

               (d)

               indications as exact and comprehensive as possible on the persons who are the target of the investigations;

               (e)

               a summary of the relevant facts and of the enquiries already carried out; and

               (f)

               legal elements involved.

         3.   Requests shall be submitted in a language acceptable to both requested and applicant authorities. This requirement may also apply, to the extent necessary, to any documents that accompany the request under paragraph 1.
   4.   If a request does not meet the formal requirement set out above, its correction or completion may be requested; precautionary measures may be taken by the requested authority in the meantime.
   Article 13
   Execution of requests
   1.   In order to comply with a request for assistance, the requested authority shall, within the limits of its competence and available resources, take all reasonable measures by supplying information already possessed, by carrying out appropriate enquiries or by arranging for them to be carried out.
   2.   Requests for assistance shall be executed in accordance with the laws and regulations of the Contracting Party of the requested authority.
   3.   Duly authorised officials from the applicant authority, may, with the agreement of the requested authority and subject to the conditions laid down by the latter, be present to obtain in the offices of the requested authority, information related to activities that are or may be operations in breach of customs legislation which the applicant authority needs for the purpose of this Agreement.
   4.   Duly authorised officials from the applicant authority may, with the agreement of the requested authority and subject to the conditions laid down by the latter, be present at enquiries carried out in the latter’s jurisdiction into specific cases.
   5.   In the event that the request cannot be complied with, the applicant authority shall be notified promptly of that fact with a statement of the reasons. The statement may be accompanied by the relevant information that the requested authority considers may be of assistance to the applicant authority.
   6.   The requested authority shall, upon request by the applicant authority and when it deems appropriate, advise the applicant authority of the time and place of the action it will take in response to the request for assistance so that such action may be coordinated.
   Article 14
   Form in which information is to be communicated
   1.   The requested authority shall communicate results of enquiries to the applicant authority in writing together with relevant documents or other items.
   2.   This information may be in computerised form.
   Article 15
   Exceptions to the obligation to provide assistance
   1.   Assistance may be refused or withheld, or may be made subject to the satisfaction of certain conditions or requirements, in cases where the Contracting Party of the requested authority is of the opinion that assistance under this Agreement would infringe upon the sovereignty of a Member State of the Community or of Japan, or upon its security, public policy, or other essential interest such as that referred to in paragraph 2 of Article 16.
   In particular, each Contracting Party may limit the information it communicates to the other Contracting Party when the latter Contracting Party is unable to give the assurance requested by the former Contracting Party with respect to confidentiality or with respect to the limitations of purposes for which the information will be used.
   2.   Assistance may be withheld by the requested authority on the ground that it will interfere with an ongoing investigation, including investigation by the relevant law enforcement agencies, prosecution or judicial and administrative proceedings. In such a case, the requested authority shall consult with the applicant authority to determine if assistance can be given subject to such terms or conditions as the requested authority may require.
   3.   Where the applicant authority seeks assistance which it would itself be unable to provide if so requested, it shall draw attention to that fact in its request. It shall then be for the requested authority to decide how to respond to such a request.
   4.   For the cases referred to in paragraphs 1 and 2, the decision of the requested authority and the reasons thereof must be communicated to the applicant authority without undue delay.
   Article 16
   Information exchange and confidentiality
   1.   Any information communicated in whatsoever form pursuant to this Agreement shall be treated as of a confidential nature, depending on the laws and regulations of each Contracting Party and shall enjoy the protection extended to similar information under the relevant laws and regulations of the Contracting Party of the customs authority that received it and the corresponding provisions applying to the Community authorities, unless the Contracting Party which provided the information gives a prior consent to the disclosure of such information.
   2.   Personal data may be exchanged only where the Contracting Party which may receive it undertakes to protect such data in at least an equivalent way to the one applicable to that particular case in the Contracting Party that may supply it. The Contracting Party that may supply the information shall not stipulate any requirements that are more onerous than those applicable to it in its own jurisdiction.
   The Contracting Parties shall communicate to each other information on the laws and regulations of each Contracting Party, including where appropriate, those in the Member States of the Community.
   3.   Information obtained shall be used solely for the purposes of this Agreement. Where one of the Contracting Parties wishes to use such information for other purposes, it shall obtain the prior written consent of the customs authority which provided the information. Such use shall then be subject to any restrictions laid down by that authority.
   4.   Paragraph 3 shall not impede the use of information obtained in accordance with this Agreement as evidence in administrative proceedings subsequently instituted in respect of operations in breach of customs legislation. Therefore, the Contracting Parties may in their records of evidence, reports and testimonies and in administrative proceedings use as evidence information obtained in accordance with the provisions of this Agreement. The customs authority which supplied that information shall be notified of such use.
   5.   Notwithstanding paragraph 3 of this Article, unless otherwise notified by the customs authority providing the information, the customs authority receiving the information may provide the information received pursuant to this Agreement to the relevant law enforcement agencies of its Contracting Party. These agencies may only use this information for the correct application of customs legislation and shall be subject to the conditions set out in Articles 16 and 17 of this Agreement.
   6.   This Article shall not preclude the use or disclosure of information to the extent that there is an obligation to do so under the laws and regulations of the Contracting Party of the customs authority that received it. Such customs authority shall, wherever possible, give advance notice of any such disclosure to the customs authority which provided the information.
   The receiving Contracting Party shall, unless otherwise agreed by the Contracting Party which provided the information, wherever appropriate, use all available measures under the applicable laws and regulations of the former Contracting Party to maintain the confidentiality of information and to protect personal data as regards applications by a third party or other authorities for disclosure of the information concerned.
   Article 17
   Criminal proceedings
   Information provided from the customs authority of a Contracting Party to the customs authority of the other Contracting Party pursuant to this Agreement shall not be used by the latter Contracting Party in criminal proceedings carried out by a court or a judge.
   Article 18
   Assistance expenses
   1.   Expenses incurred in the implementation of this Agreement shall be borne by the respective Contracting Parties.
   2.   If during the execution of a request it becomes apparent that completion of the execution of the request will entail expenses of an extraordinary nature, the customs authorities shall consult to determine the terms and conditions under which the execution may continue.
   TITLE IV
   FINAL PROVISIONS
   Article 19
   Headings
   The headings of the Titles and the Articles of this Agreement are inserted for convenience of reference only and shall not affect the interpretation of this Agreement.
   Article 20
   Consultation
   All questions or disputes related to the interpretation or implementation of this Agreement shall be settled by mutual consultation between the Contracting Parties.
   Article 21
   Joint Customs Cooperation Committee
   1.   A Joint Customs Cooperation Committee is hereby established, consisting of officials from the Ministry of Finance and the Ministry of Foreign Affairs of Japan and of officials of the European Community responsible for customs matters. Other officials of both Contracting Parties with the necessary expertise relevant to the issues to be discussed may be included on an ad hoc basis. It shall meet at a place, on a date and with an agenda, fixed by mutual consent.
   2.   The Joint Customs Cooperation Committee shall, inter alia:

               (a)

               see to the proper functioning of this Agreement;

               (b)

               take measures necessary for customs cooperation in accordance with the objectives of this Agreement;

               (c)

               exchange views on any points of common interest regarding customs cooperation, including future measures and the resources for them;

               (d)

               recommend solutions aimed at attaining the objectives of this Agreement; and

               (e)

               adopt its internal rules of procedure.

         Article 22
   Entry into force and duration
   1.   This Agreement shall enter into force on the first day of the month following the date on which the Contracting Parties have notified each other of the completion of the procedures necessary for this purpose through diplomatic notes exchanged between them.
   2.   This Agreement may be amended by mutual consent of the Contracting Parties through diplomatic notes exchanged between them. Amendments shall enter into force within the same conditions as mentioned in paragraph 1, except as otherwise agreed by the Contracting Parties.
   3.   Each Contracting Party may terminate this Agreement by giving notice to the other in writing. The termination shall take effect three months from the date of notification to the other Contracting Party. Requests for assistance which have been received prior to the termination of the Agreement shall be completed in accordance with the provisions of this Agreement.
   Article 23
   Authentic texts
   This Agreement shall be drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Japanese languages, each text being equally authentic. In case of divergence of interpretation, the English and Japanese texts shall prevail over the other language texts.

      In witness whereof, the undersigned, being duly authorised to do so, have signed this Agreement.
      Done at Brussels, this thirtieth day of January, 2008.

            For the European Community

            For the Government of Japan