title: 2008/316/EC: Commission Decision of 31 March 2008 providing for the initiation of an investigation pursuant to Article 18(2) of Council Regulation (EC) No 980/2005 with respect to the protection of the freedom of association and the right to organise in El Salvador

text:
               18.4.2008

               EN

               Official Journal of the European Union

               L 108/29

      COMMISSION DECISION

   of 31 March 2008
   providing for the initiation of an investigation pursuant to Article 18(2) of Council Regulation (EC) No 980/2005 with respect to the protection of the freedom of association and the right to organise in El Salvador
   (2008/316/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 980/2005 of 27 June 2005 applying a scheme of generalised tariff preferences (1), and in particular Article 18(2) thereof,
   After consulting the Generalised Preferences Committee,
   Whereas:

               (1)

               The Commission has received information that the Supreme Court of El Salvador in its ruling of 28 October 2007 in the cases 63-2007 and 69-2007 declared certain provisions of the International Labour Organisation's Convention No 87 concerning Freedom of Association and Protection of the Right to Organise inconsistent with Article 47 of the Constitution of El Salvador.

               (2)

               Article 16(2) of Regulation (EC) No 980/2005 provides for the temporary withdrawal of the special incentive arrangement referred to in Section 2 of Chapter II of that Regulation, in particular if the national legislation no longer incorporates those conventions referred to in Annex III of the Regulation which have been ratified in fulfilment of the requirements of Article 9(1) and (2) or if that legislation is not effectively implemented.

               (3)

               The International Labour Organisation's Convention No 87 on Freedom of Association and Protection of the Right to Organise is listed in Annex III, Part A, point 14, of Regulation (EC) No 980/2005.

               (4)

               The Commission has carried out a preliminary examination of the ruling of the Supreme Court of El Salvador in the cases 63-2007 and 69-2007 and found that it is necessary to analyse the legal effects of that ruling further to determine whether they justify a temporary withdrawal of the special incentive arrangement. The Commission therefore considers that there are sufficient grounds for an investigation.

               (5)

               Consultations with the Generalised Preferences Committee were held on 3 March 2008,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The Commission shall initiate an investigation in order to establish whether the national legislation of the Republic of El Salvador no longer incorporates the International Labour Organisation's Convention No 87 concerning Freedom of Association and Protection of the Right to Organise or whether that legislation is not effectively implemented.

      Done at Brussels, 31 March 2008.

            For the Commission

         Peter MANDELSON

            Member of the Commission

      (1)  OJ L 169, 30.6.2005, p. 1. Regulation as last amended by Regulation (EC) No 55/2008 (OJ L 20, 24.1.2008, p. 1).


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31980D0338

80/338/EEC: Council Decision of 17 March 1980 appointing a member of the Management Board of the European Centre for the Development of Vocational Training

Official Journal L 078 , 25/03/1980 P. 0013

****( 1 ) OJ NO L 39 , 13 . 2 . 1975 , P . 1 .    COUNCIL DECISION   OF 17 MARCH 1980   APPOINTING A MEMBER OF THE MANAGEMENT BOARD OF THE EUROPEAN CENTRE FOR THE DEVELOPMENT OF VOCATIONAL TRAINING  ( 80/338/EEC )   THE COUNCIL 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 ON THE CREATION OF A EUROPEAN CENTRE FOR THE DEVELOPMENT OF VOCATIONAL TRAINING ( 1 ), AND IN PARTICULAR ARTICLE 4 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 15 JANUARY 1979 APPOINTING THE MEMBERS OF THE MANAGEMENT BOARD OF THE EUROPEAN CENTRE FOR THE DEVELOPMENT OF VOCATIONAL TRAINING FOR THE PERIOD ENDING 14 JANUARY 1982 ,   WHEREAS A SEAT AS MEMBER OF THE MANAGEMENT BOARD OF THE ABOVE CENTRE IN THE WORKERS '  REPRESENTATIVES CATEGORY HAS BECOME VACANT AS A RESULT OF THE RESIGNATION OF MR HANSEN , OF WHICH THE COUNCIL WAS INFORMED ON 10 JANUARY 1980 ;   HAVING REGARD TO THE NOMINATION SUBMITTED ON 4 MARCH 1980 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR NIELS ENEVOLDSEN IS HEREBY APPOINTED A MEMBER OF THE MANAGEMENT BOARD OF THE EUROPEAN CENTRE FOR THE DEVELOPMENT OF VOCATIONAL TRAINING TO REPLACE MR HANSEN FOR THE REMAINDER OF HIS TERM OF OFFICE , NAMELY UNTIL 14 JANUARY 1982 .   DONE AT BRUSSELS , 17 MARCH 1980 .   FOR THE COUNCIL   THE PRESIDENT   J . SANTER


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31991D0291

91/291/EEC: Decision of the European Parliament of 16 April 1991 granting a discharge to the Commission in respect of the financial management of the fifth European Development Fund for the 1989 financial year

Official Journal L 146 , 11/06/1991 P. 0033 - 0033

DECISION OF THE EUROPEAN PARLIAMENT  of 16 April 1991  granting a discharge to the Commission in respect of the financial management of the fifth European Development Fund for the 1989 financial year  (91/291/EEC) THE EUROPEAN PARLIAMENT,   - having regard to the Treaty,  - having regard to the second ACP-EEC Lomé Convention (1),  - having regard to the balance sheets and administrative accounts of the fourth, fifth and sixth European Development Funds for the 1989 financial year (COM(90) 148 final),  - having regard to the report of the Court of Auditors for the 1989 financial year, and the replies of the institutions (2),  - having regard to the recommendation of the Council of 18 March 1991 concerning the granting of this discharge (Doc. C3-0172/91),  - whereas the Treaty of 22 July 1975 empowers the European Parliament to give discharge in respect of the financial management of the Community,  - having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development and Cooperation (Doc. A3-0070/91),  1. Grants a discharge to the Commission in respect of the financial management of the fifth European Development Fund for the 1989 financial year on the basis of the following amounts:  - revenue: ECU 400 979 417,30;  - payments: ECU 240 684 140,15;  2. Records its observations in the resolution which forms part of this decision (3);  3. Instructs its President to forward this decision and the resolution containing its observations to the Commission, the Council, the Court of Auditors and the European Investment Bank and to have them published in the Official Journal of the European  Communities (L series). Done at Strasbourg, 16 April 1991.   The Secretary-General  The President  Enrico VINCI  Enrique BARON CRESPO  (1) OJ No L 347, 22. 12. 1980, p. 1. (2) OJ No C 313, 12. 12. 1990, p. 1. (3) See page 35 of this Official Journal.


title: 2004/723/EC: Decision of the European Parliament of 21 April 2004 concerning discharge in respect of the implementation of the general budget of the European Union for the 2002 financial year — Section II — Council

text:
               21.4.2004

               EN

               Official Journal of the European Union

               L 330/137

         DECISION OF THE EUROPEAN PARLIAMENT
   of 21 April 2004
   concerning discharge in respect of the implementation of the general budget of the European Union for the 2002 financial year — Section II — Council
   (2004/723/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the revenue and expenditure account and balance sheet for the 2002 financial year (I5-0034/2003 — C5-0088/2004),
   having regard to the Annual Report of the European Court of Auditors for the 2002 financial year, together with the replies of the institutions (C5-0583/2003) (1),
   having regard to the statement of assurance by the European Court of Auditors, pursuant to Article 248 of the EC Treaty, as to the reliability of the accounts and the legality and regularity of the underlying transactions (C5-0583/2003),
   having regard to the Council's recommendation of 9 March 2004 (C5-0145/2004),
   having regard to Articles 276, 272(10) and 275 of the EC Treaty,
   having regard to Article 22(2) and (3) of the Financial Regulation of 21 December 1977 (2) and Article 50 of the Financial Regulation of 25 June 2002 (3),
   having regard to Rule 93a of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A5-0228/2004),

               1.

               Grants the Secretary-General of the Council discharge in respect of the implementation of the budget for the 2002 financial year (operational expenditure);

               2.

               Records its comments in the accompanying resolution;

               3.

               Instructs its President to forward this decision and the accompanying resolution to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions and the Ombudsman and to have them published in the Official Journal of the European Union (L series).

            The Secretary-General

         Julian PRIESTLEY

            The President

         Pat COX

      (1)  OJ C 286, 28.11.2003, p. 1.

      (2)  OJ L 356, 31.12.1977, p. 1.

      (3)  OJ L 248, 16.9.2002, p. 1.
    ---documentbreak---

               21.4.2004

               EN

               Official Journal of the European Union

               L 330/138

         RESOLUTION
   of the European Parliament containing the comments accompanying the decision concerning discharge in respect of the implementation of the general budget of the European Union for the 2002 financial year — Section II — Council
   THE EUROPEAN PARLIAMENT,
   having regard to the revenue and expenditure account and balance sheet for the 2002 financial year (I5-0034/2003 — C5-0088/2004),
   having regard to the Annual Report of the European Court of Auditors for the 2002 financial year, together with the replies of the institutions (C5-0583/2003) (1),
   having regard to the statement of assurance by the European Court of Auditors, pursuant to Article 248 of the EC Treaty, as to the reliability of the accounts and the legality and regularity of the underlying transactions (C5-0583/2003),
   having regard to the Council's recommendation of 9 March 2004 (C5-0145/2004),
   having regard to Articles 276, 272(10) and 275 of the EC Treaty,
   having regard to Article 22(2) and (3) of the Financial Regulation of 21 December 1977 (2) and Article 50 of the Financial Regulation of 25 June 2002 (3),
   having regard to Rule 93a of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A5-0228/2004),

               1.

               Underlines the need for a more comprehensive exchange of information between the Council and the European Parliament; welcomes therefore the Council's readiness to hold an informal dialogue between the two Institutions prior to the discharge procedure;

               2.

               Points out that the Committee on Budgetary Control asked the Council to forward the following documents to it: a list of contracts concluded with third parties, the complete documentation for the contract with the largest financial impact, the provisions governing the use of official cars, and the Financial Controller's reports;

               3.

               Notes, and finds unacceptable, the reply given by the chairman of the Committee of Permanent Representatives on 11 December 2003 to the questionnaire sent by the Committee on Budgetary Control on 26 November 2003: ‘The questions raised in your questionnaire under the heading General Questions to all Institutions are not directly related to the accounts of the Council over the year 2002 or to the annual report of the Court of Auditors concerning that year. The Council's position is that these questions go beyond the scope of the discharge procedure’;

               4.

               Notes further that the Court of Auditors' annual report for 2002 contains general comments on administrative expenditure by the Community institutions, but no specific comments whatever on the Council's budget; welcomes the announcement by the Court of Auditors that its next annual report will contain comments on administrative expenditure for each Community institution;

               5.

               Stresses that its request for information to the Council is fully in line with the provisions of the Financial Regulation (in particular Articles 146 and 182);

               6.

               Calls on the Council to respond to the questionnaire submitted by the Committee on Budgetary Control no later than 1 July 2004;

               7.

               Notes that as from next year the Council, pursuant to Article 86(4) of the Financial Regulation, will forward to the European Parliament a report summarising the number and type of internal audits carried out, the recommendations made and the action taken on those recommendations;

               8.

               Asks for information on the measures taken by the Council in 2002 to improve the analysis of its financial management;

               9.

               Points out that in 2001 there were differences between the physical and accounting inventories; asks whether that shortcoming has been rectified;

               10.

               Would like the Court of Auditors to pay appropriate attention to verifying financial management and the inventory within the Council's 2003 budget;

               11.

               Underscores the importance Parliament attaches, in the light of experience, to mobility for authorising officers;

               12.

               Welcomes the joint declaration by the Council, the Commission and Parliament of 25 November 2002 (4) on the prior notification of Parliament in the decision-taking process on the Common Foreign and Security Policy (CFSP), and asks how this has been reflected in practical cooperation;

               13.

               Again draws attention to the recommendation by the Court of Auditors in its Special Report No 13/2001 on the management of the Common Foreign and Security Policy (5) on the basis of its audit findings that Parliament, the Council and the Commission should lay down clear operational principles and rules at interinstitutional level with regard to the role of the Commission and of the Council in CFSP implementation and that the financing of CFSP actions should be made more transparent.

      (1)  OJ C 286, 28.11.2003, p. 1.

      (2)  OJ L 356, 31.12.1977, p. 1.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  Texts adopted, 19.12.2002, P5_TA(2002) 0624, Annex 1.

      (5)  OJ C 338, 30.11.2001, p. 1.


title: 2012/419/EU: European Council Decision of 11 July 2012 amending the status of Mayotte with regard to the European Union

text:
               31.7.2012

               EN

               Official Journal of the European Union

               L 204/131

         EUROPEAN COUNCIL DECISION
   of 11 July 2012
   amending the status of Mayotte with regard to the European Union
   (2012/419/EU)
   THE EUROPEAN COUNCIL,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 355(6) thereof,
   Having regard to the initiative of the French Republic,
   Having regard to the opinion of the European Commission,
   Whereas:

               (1)

               Article 355(6) of the Treaty on the Functioning of the European Union (TFEU) allows the European Council, on the initiative of the Member State concerned and acting unanimously after consulting the Commission, to adopt a decision amending the status, with regard to the Union, of a Danish, French or Netherlands country or territory referred to in paragraphs 1 and 2 of Article 355.

               (2)

               In a letter from the French President dated 26 October 2011, the French Republic (hereinafter ‘France’) asked the European Council to take such a decision to enable Mayotte, which currently has the status of an overseas country or territory within the meaning of Article 355(2) TFEU and is listed as such in Annex II to the Treaty, to acquire the status of an outermost region within the meaning of Article 349 TFEU.

               (3)

               France’s request reflects the choice by the inhabitants of Mayotte to draw progressively closer to mainland France, confirmed by the referendum of 29 March 2009 in which 95,2 % of the votes cast were in favour of a proposal to make Mayotte a department. Accordingly, on 31 March 2011, Mayotte became the 101st French department and the fifth French overseas department.

               (4)

               The structural social and economic situation and the geographical situation of Mayotte present all the characteristics, referred to in Article 349 TFEU, of an outermost region within the meaning of that provision. References to Mayotte should therefore be inserted into Article 349, making the whole of that Article applicable to Mayotte, and into Article 355(1) TFEU.

               (5)

               The amendment of the status with regard to the European Union of Mayotte, in response to a democratically expressed request, should represent a step consistent with Mayotte’s acquisition of a status close to that of the mainland,

         HAS ADOPTED THIS DECISION:
   Article 1
   With effect from 1 January 2014, Mayotte shall cease to be an overseas country or territory, to which the provisions of Part Four of the Treaty on the Functioning of the European Union (TFEU) apply, and shall become an outermost region of the Union within the meaning of Article 349 TFEU.
   Article 2
   The TFEU shall be amended as follows:

               (1)

               in the first paragraph of Article 349, the word ‘Mayotte’ shall be inserted after the word ‘Martinique’;

               (2)

               in Article 355(1), the word ‘Mayotte’ shall be inserted after the word ‘Martinique’;

               (3)

               in Annex II, the sixth indent shall be deleted.

         Article 3
   This Decision shall enter into force on the day of its adoption.
   It shall apply from 1 January 2014.

      Done at Brussels, 11 July 2012.

            For the European Council

            The President

         H. VAN ROMPUY


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31983D0113

83/113/EEC: Council Decision of 8 March 1983 on the conclusion of the Agreement in the form of an exchange of letters amending the temporary arrangement on concerted disciplines between the European Economic Community and Austria on reciprocal trade in cheese

Official Journal L 069 , 15/03/1983 P. 0018

*****COUNCIL  DECISION  of 8 March 1983  on the conclusion of the Agreement in the form of an exchange of letters amending the temporary arrangement on concerted disciplines between the European Economic Community and Austria on reciprocal trade in cheese  (83/113/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the temporary arrangement on concerted disciplines between the European Economic Community and Austria concerning reciprocal trade in cheese,  Having regard to the recommendation from the Commission,  Whereas it has appeared desirable to amend some of the provisions of the abovementioned arrangement in order to bring it more closely in line with actual market requirements;  Whereas the Commission initiated consultations with Austria on this subject; whereas it has reached a satisfactory Agreement with that country; whereas that Agreement should be approved,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement in the form of an exchange of letters amending the temporary arrangement on concerted disciplines between the European Economic Community and Austria on reciprocal trade in cheese is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2  The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community.  Done at Brussels, 8 March 1983.  For the Council  The President  J. ERTL


title: 2009/102/EC: Council Decision of 4 November 2008 providing Community medium-term financial assistance for Hungary

text:
               6.2.2009

               EN

               Official Journal of the European Union

               L 37/5

      COUNCIL DECISION

   of 4 November 2008
   providing Community medium-term financial assistance for Hungary
   (2009/102/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 332/2002 of 18 February 2002 establishing a facility providing medium-term financial assistance for Member States' balance of payments (1), and in particular Article 3(2) thereof,
   Having regard to the proposal from the Commission made after consulting the Economic and Financial Committee (EFC),
   Whereas:

               (1)

               By Decision 2009/103/EC (2), the Council decided to grant mutual assistance to Hungary.

               (2)

               Despite the expected improvement in the current account, Hungary’s external financing needs in 2008 and 2009 are estimated at EUR 20 billion as, in view of the recent developments on the financial market, the capital and financial account could substantially deteriorate, with the acceleration of net portfolio outflows.

               (3)

               It is appropriate to provide Community support to Hungary of up to EUR 6,5 billion under the Facility providing medium-term financial assistance for Member States' balance of payments which was established by Regulation (EC) No 332/2002. That assistance should be provided in conjunction with a loan from the International Monetary Fund of SDR 10,5 billion (around EUR 12,5 billion) under a Stand-by arrangement expected to be approved on 6 November 2008. The World Bank has also agreed to provide a loan to Hungary of EUR 1 billion.

               (4)

               The assistance should be managed by the Commission which, after consulting the EFC, should agree with the authorities of Hungary the specific economic policy conditions attached to the financial assistance. Those conditions should be laid down in a Memorandum of Understanding. The detailed financial terms should be laid down by the Commission in the Loan Agreement.

               (5)

               The assistance should be provided with a view to supporting balance of payments sustainability in Hungary and, in this way, contributing to the successful implementation of the Government’s economic policy programme under current economic and financial conditions,

         HAS DECIDED AS FOLLOWS:
   Article 1
   1.   The Community shall make available to Hungary a medium-term loan amounting to a maximum of EUR 6,5 billion, with a maximum average maturity of five years.
   2.   This Community financial assistance shall be made available during a period of two years starting from the first day after the entry into force of this Decision.
   Article 2
   1.   The Commission shall manage the assistance in a manner consistent with Hungary’s undertakings and with recommendations by the Council, in particular in the context of the implementation of the National Reform Programme as well as of the convergence programme and the excessive deficit procedure.
   2.   The Commission shall agree with the authorities of Hungary, after consulting the EFC, the specific economic policy conditions attached to the financial assistance as laid down in Article 3(4). Those conditions shall be laid down in a Memorandum of Understanding consistent with the undertakings and recommendations referred to in paragraph 1 of this Article. The detailed financial terms shall be laid down by the Commission in the Loan Agreement.
   3.   The Commission shall, in collaboration with the EFC, verify at regular intervals that the economic policy conditions attached to the assistance are fulfilled. The Commission shall keep the EFC informed of possible refinancing of the borrowings or restructuring of the financial conditions.
   Article 3
   1.   The Community financial assistance shall be made available by the Commission to Hungary in a maximum of five instalments, the size of which shall be laid down in the Memorandum of Understanding.
   2.   The first instalment shall be released subject to the entry into force of the Loan Agreement and Memorandum of Understanding, as well as based on the submission to the Hungarian Parliament of the legislative amendments to the draft 2009 budget proposal, which aim at achieving a deficit of 2,6 % of GDP and which include the underpinning budgetary measures.
   3.   If required in order to finance the loan, the prudent use of interest rate swaps with counterparties of highest credit quality shall be permitted.
   4.   The Commission, after having obtained the opinion of the EFC, shall decide on the release of further instalments. The disbursement of each further instalment shall be made on the basis of a satisfactory implementation of the new economic programme of the Hungarian Government backed by the IMF arrangement and also included in the forthcoming convergence programme of Hungary and, more particularly, the specific economic policy conditions laid down in the Memorandum of Understanding.
   These policy conditions should include, inter alia:

               (a)

               the progress of fiscal consolidation as planned by the Government in the context of its new programme which is in line with the Council recommendation under the excessive deficit procedure of 10 October 2006 as well as the Council opinion on the November 2007 convergence programme update, in particular with respect to the 2009 deficit target;

               (b)

               specific measures to control expenditure underlying the planned consolidation process;

               (c)

               progress with fiscal governance reform by strengthening the institutional framework and introducing medium-term fiscal rules along the lines of the draft proposal that is currently being discussed in the Hungarian Parliament;

               (d)

               financial sector regulation and supervision reforms and stepping-up the authorities' capacity to address efficiently solvency and liquidity concerns; and

               (e)

               other structural reform measures supported in the context of the Lisbon Strategy, such as the reinforcement of incentives to work with a view to supporting employment and contributing to the long-term sustainability of public finances.

         This Decision is addressed to the Republic of Hungary. It shall be published in the Official Journal of the European Union.

      Done at Brussels, 4 November 2008.

            For the Council

            The President

         C. LAGARDE

      (1)  OJ L 53, 23.2.2002, p. 1.

      (2)  See page 7 of this Official Journal.


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32001D0643

2001/643/EC: Commission Decision of 30 July 2001 accepting undertakings in connection with the anti-dumping proceeding concerning imports of flat pallets of wood originating in the Republic of Poland (notified under document number C(2001) 2390)

Official Journal L 227 , 23/08/2001 P. 0044 - 0048

Commission Decisionof 30 July 2001accepting undertakings in connection with the anti-dumping proceeding concerning imports of flat pallets of wood originating in the Republic of Poland(notified under document number C(2001) 2390)(2001/643/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1), as last amended by Regulation (EC) No 2238/2000(2), and in particular Article 8(1) thereof,Having regard to Commission Regulation (EC) No 1023/97 of 6 June 1997 imposing a provisional anti-dumping duty on certain imports of flat pallets of wood originating in Poland and accepting undertakings offered from certain exporters in connection with those imports(3), as amended by Regulations (EC) No 1632/97(4) and (EC) No 1633/97(5), and in particular Article 2 thereof,After consulting the Advisory Committee,Whereas:A. PREVIOUS PROCEDURE(1) The Commission, by Regulation (EC) No 1023/97 (hereinafter referred to as "the provisional Regulation"), imposed provisional anti-dumping duties on certain imports of flat pallets of wood falling within CN code ex 4415 20 20 originating in the Republic of Poland and accepted undertakings offered from certain exporting producers. These undertakings concerned only one pallet type, i.e. the EUR pallet.(2) Since sampling was used in the investigation, requests for reviews under Article 11(4) of Regulation (EC) No 384/96 could not be accepted. However, in order to ensure equal treatment between new exporters and the cooperating companies not included in the sample during the original investigation, the provisional Regulation was amended. Article 2 of Regulation (EC) No 1632/97 stipulated that new Polish exporting producers could have undertakings accepted with regard to exports of EUR pallets, provided they satisfied the criteria set out therein.(3) By Regulation (EC) No 2334/97(6), as last amended by Regulation (EC) No 1521/2000(7), the Council imposed a definitive anti-dumping duty on certain imports of flat pallets of wood originating in the Republic of Poland.B. NEW EXPORTERS' REQUEST(4) Following the adoption of Regulation (EC) No 2334/97, the following five further new Polish exporting producers have requested that Article 2 of Regulation (EC) No 1632/97 is applied to them and they offered undertakings with regard to the EUR pallets:- P.P.D.B. "Lesnik" S.C., Krosno,- "Europal" S.C., Brzeziny,- P.P.U.H. "Centropal" Eksport-Import, Czajkow,- Energomontaz Polnoc Serwis Sp.zo.o., Swierze Gorne,- P.P.H. "BOM'S" S-ka zo.o., Suwalki.They have also provided sufficient evidence pursuant to the aforementioned Article of this regulation showing that they are genuine new exporting producers. In application of Article 2 of Regulation (EC) No 1632/97, the undertakings offered by these five Polish exporting producers with regard to the EUR pallet should therefore be accepted.C. WITHDRAWAL OF UNDERTAKING(5) The following five Polish exporting producers, from which the Commission accepted the undertaking, have violated the undertaking by not complying with their reporting obligations as laid down in the undertaking:- Internationale Paletten Company Sp., Lebork (TARIC additional code 8575 ),- P.P.U.H. "Drewmax" Sp.zo.o., Krakow (TARIC additional code 8577 ),- S.U.T.R. "Rol Trak", Prochowice (TARIC additional code 8714 ),- Sliwka Lucyna, Klodzko (TARIC additional code 8445 ) and- Produkcja - Skup Elementow i Palet, Stanislaw Gorecki, Czajkow (TARIC additional code 8483 ).(6) One Polish producer, MACED Sklad Palet, J. Macionga, Miastko (TARIC additional code 8539 ), stated that they no longer produce the product concerned.(7) Therefore, the Commission informed these six companies that it is intended to remove their names from the list of companies from which an undertaking was accepted. These companies did not object to this course of action.D. COMPANIES SUBJECT TO THE UNDERTAKING(8) For the sake of clarity all the companies subject to the undertaking are listed in the Annex to this Decision,HAS ADOPTED THIS DECISION:Article 1The undertakings offered with regard to the EUR pallet by:- P.P.D.B. "Lesnik" S.C., Krosno,- "EUROPAL" S.C., Brzeziny,- P.P.U.H. "Centropal" Eksport-Import, Czajkow,- Energomontaz Polnoc Serwis Sp.zo.o., Swierze Gorne,- P.P.H. "BOM'S" S-ka zo.o., Suwalki;in connection with the anti-dumping proceeding concerning imports of flat pallets of wood originating in Poland and falling within CN code ex 4415 20 20 are hereby accepted.Article 2The undertakings accepted with regard to the EUR pallet by:- Internationale Paletten Company Sp., Lebork (TARIC additional code 8575 ),- P.P.U.H. "Drewmax" Sp.zo.o. (formerly P.P.H. "Drewnex"), Krakow (TARIC additional code 8577 ),- S.U.T.R. "Rol Trak", Prochowice (TARIC additional code 8714 ),- MACED Sklad Palet, J. Macionga, Miastko (TARIC additional code 8539 ),- Sliwka Lucyna, Klodzko (TARIC additional code 8445 ),- Produkcja - Skup Elementow i Palet, Stanislaw Gorecki, Czajkow (TARIC additional code 8483 );in connection with the anti-dumping proceeding concerning imports of flat pallets of wood originating in Poland and falling within CN code ex 4415 20 20 are hereby repealed.Article 3Articles 1 and 2 shall take effect on the day following publication of this Decision in the Official Journal of the European Communities.Done at Brussels, 30 July 2001.For the CommissionPascal LamyMember of the Commission(1) OJ L 56, 6.3.1996, p. 1.(2) OJ L 257, 11.10.2000, p. 2.(3) OJ L 150, 7.6.1997, p. 4.(4) OJ L 225, 15.8.1997, p. 11.(5) OJ L 225, 15.8.1997, p. 13.(6) OJ L 324, 27.11.1997, p. 1.(7) OJ L 175, 14.7.2000, p. 1.ANNEXManufacturer>TABLE>


title: 2011/55/EU: Council Decision of 24 January 2011 appointing three Swedish members and four Swedish alternate members of the Committee of the Regions

text:
               28.1.2011

               EN

               Official Journal of the European Union

               L 25/31

         COUNCIL DECISION
   of 24 January 2011
   appointing three Swedish members and four Swedish alternate members of the Committee of the Regions
   (2011/55/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 Swedish Government,
   Whereas:

               (1)

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

               (2)

               Three members’ seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Kent JOHANSSON, Ms Maria WALLHAGER NECKMAN and Ms Kristina ALVENDAL. Four alternate members’ seats have become vacant following the end of the terms of office of Ms Susanna HABY, Mr Bernth JOHNSON, Mr Jens NILSSON and Ms Ingela NYLUND WATZ,

         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 members:

                           —

                           Mr Kent JOHANSSON, Skara kommun,

                           —

                           Ms Britt-Marie LÖVGREN, Umeå kommun,

                           —

                           Ms Jelena DRENJANIN, Huddinge kommun,

                     and

               (b)

               as alternate members:

                           —

                           Mr Martin ANDREASSON, Västra Götalands läns landsting,

                           —

                           Ms Marie SÄLLSTRÖM, Blekinge läns landsting,

                           —

                           Ms Marie-Louise RÖNNMARK, Umeå kommun,

                           —

                           Ms Carin JÄMTIN, Stockholms kommun.

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

      Done at Brussels, 24 January 2011.

            For the Council

            The President

         FAZEKAS S.

      (1)  OJ L 348, 29.12.2009, p. 22 and OJ L 12, 19.1.2010, p. 11.


title: 2007/839/EC: Council Decision of 29 November 2007 concerning the conclusion of the Agreement between the European Community and Ukraine on readmission of persons

text:
               18.12.2007

               EN

               Official Journal of the European Union

               L 332/46

         COUNCIL DECISION
   of 29 November 2007
   concerning the conclusion of the Agreement between the European Community and Ukraine on readmission of persons
   (2007/839/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular point 3(b) of Article 63 thereof, in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Parliament (1),
   Whereas:

               (1)

               The Commission has negotiated on behalf of the European Community an Agreement with Ukraine on the readmission of persons.

               (2)

               The Agreement was signed, on behalf of the European Community, on 18 June 2007, subject to its possible conclusion at a later date, in accordance with a Council Decision adopted on 12 June 2007.

               (3)

               The Agreement should be approved.

               (4)

               The Agreement establishes a Joint Readmission Committee which may adopt its rules of procedure. It is appropriate to provide for a simplified procedure for the establishment of the Community position in this case.

               (5)

               In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom has notified its wish to take part in the adoption and application of this Decision.

               (6)

               In accordance with Articles 1 and 2 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, and without prejudice to Article 4 of the said Protocol, Ireland is not taking part in the adoption of this Decision and is not bound by nor subject to its application.

               (7)

               In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not take part in the adoption of this Decision and is not bound by it or subject to its application,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and Ukraine on the readmission of persons is hereby approved on behalf of the Community.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council shall give the notification provided for in Article 20(2) of the Agreement (2).
   Article 3
   The Commission, assisted by experts from Member States, shall represent the Community in the Joint Readmission Committee established by Article 15 of the Agreement.
   Article 4
   The position of the Community within the Joint Readmission Committee with regard to the adoption of its rules of procedure as required under Article 15(5) of the Agreement shall be taken by the Commission after consultation with a special committee designated by the Council.
   Article 5
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 29 November 2007.

            For the Council

            The President

         M. LINO

      (1)  Opinion delivered on 13 November 2007 (not yet published in the Official Journal).

      (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.
    ---documentbreak---

               18.12.2007

               EN

               Official Journal of the European Union

               L 332/48

         AGREEMENT
   between the European Community and Ukraine on the readmission of persons
   THE EUROPEAN COMMUNITY,
   hereinafter referred to as ‘the Community’,
   and
   UKRAINE,
   hereinafter referred to as ‘the Contracting Parties,’,
   DETERMINED to strengthen their cooperation in order to combat illegal immigration more effectively,
   CONCERNED at the significant increase in the activities of organised criminal groups in the smuggling of migrants,
   DESIRING to establish, by means of this Agreement and on the basis of reciprocity, rapid and effective procedures for the identification and safe and orderly return of persons who do not, or who do no longer, fulfil the conditions for entry to and stay on the territories of Ukraine or one of the Member States of the European Union, and to facilitate the transit of such persons in a spirit of cooperation,
   CONSIDERING that, in appropriate cases, Ukraine and the Member States of the European Union should make best efforts to send third-country nationals and stateless persons who illegally entered their respective territories, back to the States of origin or permanent residence,
   ACKNOWLEDGING the necessity of observing human rights and freedoms, and emphasising that this Agreement shall be without prejudice to the rights and obligations of the Community, the Member States of the European Union and Ukraine arising from the Universal Declaration of Human Rights of 10 December 1948 and from international law, in particular, from the European Convention of 4 November 1950 for the Protection of Human Rights and Fundamental Freedoms, the Convention of 28 July 1951 and the Protocol of 31 January 1967 on the Status of Refugees, the international Covenant on Civil and Political Rights of 19 December 1966 and international instruments on extradition,
   TAKING INTO ACCOUNT that cooperation between Ukraine and the Community in the fields of readmission and facilitation of mutual travel is of common interest,
   CONSIDERING that the provisions of this Agreement, which falls within the scope of Title IV of the Treaty establishing the European Community, do not apply to the Kingdom of Denmark, in accordance with the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Definitions
   For the purpose of this Agreement:

               (a)

               ‘Contracting Parties’ shall mean Ukraine and the Community;

               (b)

               ‘Member State’ shall mean any Member State of the European Union, with the exception of the Kingdom of Denmark and the Republic of Ireland;

               (c)

               ‘national of a Member State’ shall mean any person who holds the nationality, as defined for Community purposes, of a Member State;

               (d)

               ‘national of Ukraine’ shall mean any person who holds the nationality of Ukraine;

               (e)

               ‘third-country national’ shall mean any person who holds a nationality other than that of Ukraine or one of the Member States;

               (f)

               ‘stateless person’ shall mean any person who does not hold a nationality;

               (g)

               ‘residence authorisation’ shall mean a certificate of any type issued by Ukraine or one of the Member States entitling a person to reside in its territory. This shall not include temporary permissions to stay in its territory in connection with the processing of an asylum application, an application for refugee status or an application for a residence authorisation;

               (h)

               ‘visa’ shall mean an authorisation issued or a decision taken by Ukraine or one of the Member States which is required with a view to entry in, or transit through, its territory. This shall not include airport transit visa;

               (i)

               ‘requesting State’ shall mean the State (Ukraine or one of the Member States) submitting the readmission application pursuant to Article 5 or a transit application pursuant to Article 11 of this Agreement;

               (j)

               ‘requested State’ shall mean the State (Ukraine or one of the Member States) to which a readmission application pursuant to Article 5 or a transit application pursuant to Article 11 of this Agreement is addressed;

               (k)

               ‘competent Authority’ shall mean any national authority of Ukraine or one of the Member States entrusted with the implementation of this Agreement in accordance with Article 16 thereof;

               (l)

               ‘border region’ shall mean an area which extends up to 30 kilometres from the common land border between a Member State and Ukraine, as well as the territories of seaports including custom zones, and international airports of the Member States and Ukraine.

         SECTION I
   READMISSION OBLIGATIONS
   Article 2
   Readmission of own nationals
   1.   The requested State shall, upon application by the requesting State and without further formalities other than those provided for by this Agreement, readmit to its territory all persons who do not, or who no longer, fulfil the conditions in force for entry to or stay on the territory of the requesting State provided that evidence is furnished, in accordance with Article 6 of this Agreement, that they are nationals of the requested State.
   The same shall apply to persons who, after entering the territory of the requesting State, have renounced the nationality of the requested State without acquiring the nationality of the requesting State.
   2.   The requested State shall, as necessary and without delay, issue the person whose readmission has been accepted with the travel document with a period of validity of at least six months; this is irrespective of the will of the person to be readmitted. If, for legal or factual reasons, the person concerned cannot be transferred within the period of validity of the travel document that was initially issued, the requested State shall, within 14 calendar days, extend the validity of the travel document or, where necessary, issue a new travel document with the same period of validity. If the requested State has not, within 14 calendar days, issued the travel document, extended its validity or, where necessary, renewed it, the requested State shall be deemed to accept the expired document.
   Article 3
   Readmission of third-country nationals and stateless persons
   1.   The requested State, upon application by the requesting State and without further formalities other than those provided for by this Agreement, shall readmit to its territory third-country nationals or stateless persons which do not, or no longer, fulfill the conditions in force for entry to or stay on the territory of the requesting State provided that evidence is furnished, in accordance with Article 7 of this Agreement, that such persons:

               (a)

               illegally entered the territory of the Member States coming directly from the territory of Ukraine or illegally entered the territory of Ukraine coming directly from the territory of the Member States;

               (b)

               at the time of entry held a valid residence authorisation issued by the requested State; or

               (c)

               at the time of entry held a valid visa issued by the requested State and entered the territory of the requesting State coming directly from the territory of the requested State.

         2.   The readmission obligation in paragraph 1 shall not apply if:

               (a)

               the third country national or stateless person has only been in airside transit via an international airport of the requested State;

               (b)

               the requesting State has issued to the third country national or stateless person a visa or residence authorisation before or after entering its territory unless:

                           (i)

                           that person is in possession of a visa or residence authorisation, issued by the requested State, which has a longer period of validity; or

                           (ii)

                           the visa or residence authorisation issued by the requesting State has been obtained by using forged or falsified documents;

               (c)

               the third country national or stateless person does not need a visa for entering the territory of the requesting State.

         3.   As far as Member States are concerned, the readmission obligation in paragraph 1(b) and/or (c) is for the Member State that issued a visa or residence authorisation. If two or more Member States issued a visa or residence authorisation, the readmission obligation in paragraph 1(b) and/or (c) is for the Member State that issued the document with a longer period of validity or, if one or several of them have already expired, the document that is still valid. If all of the documents have already expired, the readmission obligation in paragraph 1(b) and/or (c) is for the Member State that issued the document with the most recent expiry date. If no such documents can be presented, the readmission obligation in paragraph 1 is for the Member State of last exit.
   4.   After the requested State has given a positive reply to the readmission application, the requesting State issues the person whose readmission has been accepted a travel document recognised by the requested State. If the requesting State is an EU Member State this travel document is the EU standard travel document for expulsion purposes in line with the form set out in EU Council Recommendation of 30 November 1994 (Annex 7). If the requesting State is Ukraine this travel document is the Ukrainian return certificate (Annex 8).
   Article 4
   Readmission in error
   The requesting State shall take back any person readmitted by the requested State if it is established, within a period of 3 months after the transfer of the person concerned, that the requirements laid down in Articles 2 or 3 of this Agreement are not met.
   In such cases the procedural provisions of this Agreement shall apply mutatis mutandis and the requested State shall also communicate all available information relating to the actual identity and nationality of the person to be taken back.
   SECTION II
   READMISSION PROCEDURE
   Article 5
   Readmission application
   1.   Subject to paragraph 2, any transfer of a person to be readmitted on the basis of one of the obligations contained in Articles 2 and 3 shall require the submission of a readmission application to the competent authority of the requested State.
   2.   If the person to be readmitted is in possession of a valid travel document or identity card and, in the case of third country nationals or stateless persons, a valid visa or residence authorisation of the requested State, the transfer of such person can take place without the requesting State having to submit a readmission application or written communication to the competent authority of the requested State.
   3.   Without prejudice to paragraph 2, if a person has been apprehended in the border region of the requesting State within 48 hours from illegally crossing of the State border of that person (including seaports and airports) directly from the territory of the requested State, the requesting State may submit a readmission application within two days following this persons apprehension (accelerated procedure).
   4.   The readmission application shall contain the following information:

               (a)

               all available particulars of the person to be readmitted (e.g. given names, surnames, date and place of birth, sex and the last place of residence);

               (b)

               means of evidence regarding nationality, the conditions for the readmission of third-country nationals and stateless persons.

         5.   Where necessary, the readmission application should also contain the following information:

               (a)

               a statement indicating that the person to be transferred may need help or care, provided the person concerned has explicitly consented to the statement;

               (b)

               any other protection or security measure which may be necessary in the individual transfer case.

         6.   A common form to be used for readmission applications is attached as Annex 5 to this Agreement.
   Article 6
   Means of evidence regarding nationality
   1.   Nationality of the requested State pursuant to Article 2(1) of this Agreement may be:

               (a)

               proven by any of the documents listed in Annex 1 to this Agreement even if their period of validity has expired. If such documents are presented, the requested State shall recognise the nationality without further investigation being required. Proof of nationality cannot be furnished through forged or falsified documents;

               (b)

               established on the basis of any of the documents listed in Annex 2 to this Agreement even if their period of validity has expired. If such documents are presented, the requested State shall deem the nationality to be established, unless it can prove otherwise on the basic of an investigation with participation of the competent authorities of the requesting State. Nationality cannot be established through forged or falsified documents.

         2.   If none of the documents listed in Annexes 1 or 2 can be presented, the competent diplomatic representation of the requested State shall interview the person to be readmitted within a maximum of 10 calendar days, in order to establish his or her nationality. This time limit begins with the date of receipt of the readmission application.
   Article 7
   Means of evidence regarding third-country nationals and stateless persons
   1.   The conditions for the readmission of third-country nationals and stateless persons pursuant to Article 3(1)(a) of this Agreement may be:

               (a)

               proven by any of the documents listed in Annex 3a to this Agreement. If such documents are presented, the requested State shall recognise the illegal entrance on the territory of the requesting State (or Member States if the requested State is Ukraine) from its territory;

               (b)

               established on the basis of any of the documents listed in Annex 3b to this Agreement. If such documents are presented, the requested State shall carry out an investigation and shall give an answer within a maximum of 20 calendar days. In the event of a positive answer, or if no answer is given when the time limit has expired, the requested State shall recognise the illegal entrance on the territory of the requesting State (or Member States if the requested State is Ukraine) from its territory.

         2.   The unlawfulness of the entry to the territory of the requesting State pursuant to Article 3(1)(a) of this Agreement shall be established by means of the travel documents of the person concerned in which the necessary visa or other residence authorisation for the territory of the requesting State are missing. A duly motivated statement by the requesting State that the person concerned has been found not having the necessary travel documents, visa or residence authorisation shall likewise provide prima facie evidence of the unlawful entry, presence or residence.
   3.   The conditions for the readmission of third-country nationals and stateless persons pursuant to Article 3(1)(b) and (c) of this Agreement may be:

               (a)

               proven by any of the documents listed in Annex 4a to this Agreement. If such documents are presented, the requested State shall recognise the residence of such persons in its territory without further investigation being required;

               (b)

               established on the basis of any of the documents listed in Annex 4b to the present Agreement. If such documents are presented, the requested State shall carry out an investigation and shall give an answer within a maximum of 20 calendar days. In the event of a positive answer, or if not proven otherwise, or if no answer is given when the time limit has expired, the requested State shall recognise the stay of such persons in its territory.

         4.   Proof of the conditions for readmission of third-country nationals and stateless persons cannot be furnished through forged or falsified documents.
   Article 8
   Time limits
   1.   The application for readmission must be submitted to the competent authority of the requested State within a maximum of one year after the requesting State’s competent authority has gained knowledge that a third-country national or a stateless person does not, or does no longer, fulfil the conditions in force for entry, presence or residence.
   Readmission obligation shall not arise in case if the readmission application regarding such persons is submitted after the expiry of the mentioned term. Where there are legal or factual obstacles to the application being submitted in time, the time limit shall, upon request, be extended up to 30 calendar days.
   2.   With the exception of the time limits mentioned in Articles 7(1)(b) and 7(3)(b), a readmission application shall be replied to by the requested State without undue delay, and in any event within 14 calendar days after the date of receipt of such application. Where there are legal or factual obstacles to the application being replied to in time, the time limit shall, upon duly motivated request, be extended, in all cases, up to a maximum of 30 calendar days.
   3.   In the case of a readmission application submitted under the accelerated procedure (Article 5(3)), a reply has to be given within two working days after the date of receipt of such application. If necessary, upon duly motivated request by the requested State and after approval by the requesting State, the time limit for a reply to the application may be extended by one working day.
   4.   If there was no reply within the time limits referred to in paragraphs 2 and 3 of this Article, the transfer shall be deemed to have been agreed to.
   5.   Reasons for refusal of a readmission request shall be given to the requesting State.
   6.   After agreement has been given or, where applicable after expiry of the time limits laid down in paragraph 2, the person concerned shall be transferred without delay in the terms agreed upon by the competent authorities in accordance with Article 9(1) of this Agreement. Upon request of the requesting State, this time limit may be extended by the time taken to deal with legal or practical obstacles to the transfer.
   Article 9
   Transfer modalities and modes of transportation
   1.   Before the transfer of a person, the competent authorities of the requesting State and the requested State shall make arrangements in writing in advance regarding the transfer date, the point of entry, possible escorts and other information relevant to the transfer.
   2.   All means of transportation, whether by air, land or sea shall be allowed. Transfer by air shall not be restricted to the use of the national carriers of the requesting State or the requested State and may take place by using scheduled flights as well as charter flights. In case of need for escorts, such escorts shall not be restricted to authorised persons of the requesting State, provided that they are authorised persons from Ukraine or any Member State.
   SECTION III
   TRANSIT OPERATIONS
   Article 10
   Principles
   1.   The Member States and Ukraine should restrict the transit of third-country nationals or stateless persons to cases where such persons cannot be returned to the State of destination directly.
   2.   The requested State shall allow the transit of third-country nationals or stateless persons, if the further transportation of such persons in possible other States of transit and the readmission by the State of destination is guaranteed.
   3.   Transit of third-country nationals or stateless persons shall be carried out under escorts, if so requested by the requested State. The procedural details for escorted transit operations shall be laid down in the implementing protocols in accordance with Article 16.
   4.   Transit can be refused by the requested State:

               (a)

               if the third-country national or the stateless person runs the real risk of being subjected to torture or to inhuman or degrading treatment or punishment or the death penalty or of persecution because of his race, religion, nationality, membership of a particular social group or political conviction in the State of destination or another State of transit;

               (b)

               if the third-country national or the stateless person shall be subject to criminal prosecution or sanctions in the requested State or in another State of transit; or

               (c)

               on grounds of public health, domestic security, public order or other national interests of the requested State.

         5.   The requested State may revoke any authorisation issued if circumstances referred to in paragraph 4 of this Article subsequently arise or come to light which stand in the way of the transit operation, or if the onward journey in possible States of transit or the readmission by the State of destination is no longer guaranteed.
   Article 11
   Transit procedure
   1.   An application for transit operations must be submitted to the competent authority of the requested State in writing and is to contain the following information:

               (a)

               type of transit (by air, land or sea), route of transit, other States of transit, if any, and the State of final destination;

               (b)

               the particulars of the person concerned (given name, surname, maiden name, other names used/by which known or aliases, date of birth, sex and where possible – place of birth, nationality, language, type and number of travel document);

               (c)

               envisaged point of entry, time of transfer and possible use of escorts;

               (d)

               a declaration that in the view of the requesting State the conditions pursuant to Article 10(2) are met, and that no reasons for a refusal pursuant to Article 10(4) are known of.

         A common form to be used for transit applications is attached as Annex 6 to this Agreement.
   2.   The requested State shall, within 10 calendar days after receiving the application and in writing, inform the requesting State of its consent to the transit operation, confirming the point of entry and the envisaged time of admission, or inform it of the transit refusal and of the reasons for such refusal.
   3.   If the transit operation takes place by air, the person to be readmitted and possible escorts shall be exempted from having to obtain an airport transit visa.
   4.   The competent authorities of the requested State shall, subject to mutual consultations, assist in the transit operations, in particular through the surveillance of the persons in question and the provision of suitable amenities for that purpose.
   SECTION IV
   COSTS
   Article 12
   Transport and transit costs
   All transport costs incurred in connection with readmission and transit operations pursuant to this Agreement as far as the border of the State of final destination shall be borne by the requesting State, as well as the transport and maintenance costs of the requested State relating to the return of persons in accordance with Article 4 of this Agreement. This shall be without prejudice to the right of the competent authorities of the Member States and Ukraine to recover such costs from the person concerned or third parties.
   SECTION V
   DATA PROTECTION AND NON-AFFECTION CLAUSE
   Article 13
   Data protection
   1.   The communication of personal data shall only take place if such communication is necessary for the implementation of this Agreement by the competent authorities of Ukraine or a Member State as the case may be. When communicating, processing or treating personal data in a particular case, the competent authorities of Ukraine shall abide by the relevant legislation of Ukraine, and the competent authorities of a Member State shall abide by the provisions of Directive 95/46/EC and by the national legislation of that Member State adopted pursuant to this Directive.
   2.   Additionally the following principles shall apply:

               (a)

               personal data must be processed fairly and lawfully;

               (b)

               personal data must be collected for the specified, explicit and legitimate purpose of implementing this Agreement and not further processed by the communicating authority nor by the receiving authority in a way incompatible with that purpose;

               (c)

               personal data must be adequate, relevant and not excessive in relation to the purpose for which they are collected and/or further processed; in particular, personal data communicated may concern only the following:

                           (i)

                           the particulars of the person to be transferred (given names, surnames, other names used/by which known or aliases, sex, civil status, date and place of birth, current and any previous nationality);

                           (ii)

                           passport, identity card or driving license and other identification or travel documents (number, period of validity, date of issue, issuing authority, place of issue);

                           (iii)

                           stop-overs and itineraries;

                           (iv)

                           other information needed to identify the person to be transferred or to examine the readmission requirements pursuant to this Agreement;

               (d)

               personal data must be accurate and, where necessary, kept up to date;

               (e)

               personal data must be kept in a form which permits identification of data subjects for no longer than is necessary for the purpose for which the data were collected or for which they are further processed;

               (f)

               both the communicating authority and the receiving authority shall take every reasonable step to ensure as appropriate the rectification, erasure or blocking of personal data where the processing does not comply with the provisions of this Article, in particular because that data are not adequate, relevant, accurate, or they are excessive in relation to the purpose of processing. This includes the notification of any rectification, erasure or blocking to the other Contracting Party;

               (g)

               upon request, the receiving authority shall inform the communicating authority of the use of the communicated data and of the results obtained there from;

               (h)

               personal data may only be communicated to the competent authorities. Further communication to other bodies requires the prior consent of the communicating authority;

               (i)

               the communicating and the receiving authorities are under an obligation to make a written record of the communication and receipt of personal data.

         Article 14
   Non-affection clause
   1.   This Agreement shall be without prejudice to the rights, obligations and responsibilities of the Community, the Member States and Ukraine arising from International Law and, in particular, from any applicable International Convention or agreement to which they are Parties, including those referred to in the Preamble.
   2.   Nothing in this Agreement shall prevent the return of a person under other formal or informal arrangements.
   SECTION VI
   IMPLEMENTATION AND APPLICATION
   Article 15
   Joint Readmission committee
   1.   The Contracting Parties shall provide each other with mutual assistance in the application and interpretation of this Agreement. To this end, they shall set up a joint readmission committee (hereinafter referred to as ‘the Committee’), which shall have the following tasks and competencies:

               (a)

               to monitor the application of this Agreement and have regular exchanges of information on the implementing Protocols drawn up by individual Member States and Ukraine pursuant to Article 16;

               (b)

               to prepare proposals and make recommendations for amendments to this Agreement;

               (c)

               to decide on implementing arrangements necessary for the uniform application of this Agreement.

         2.   The decisions of the Committee shall be binding on the Contracting Parties.
   3.   The Committee shall be composed by representatives of the Community and Ukraine; the Community shall be represented by the Commission, assisted by experts from Member States.
   4.   The Committee shall meet where necessary at the request of one of the Contracting Parties.
   5.   The Committee shall establish its rules of procedures.
   Article 16
   Implementing Protocols
   1.   Ukraine and a Member State may draw up implementing Protocols which shall cover rules on:

               (a)

               designation of the competent authorities;

               (b)

               border crossing points for the transfer of persons;

               (c)

               mechanism of communication between the competent authorities;

               (d)

               modalities for returns under the accelerated procedure;

               (e)

               conditions for escorted returns of persons, including the transit of third-country nationals and stateless persons under escort;

               (f)

               additional means and documents necessary to implement this Agreement;

               (g)

               modes and procedures for recovering costs in connection with implementation of Article 12 of this Agreement.

         2.   The implementing Protocols referred to in paragraph 1 shall enter into force only after the Committee, referred to in Article 15, has been notified.
   3.   Ukraine agrees to apply any provision relating to paragraph 1(d), (e), (f) or (g) of an implementing Protocol drawn up with one Member State also in its relations with any other Member State upon request of the latter.
   Article 17
   Relation to bilateral readmission agreements of Member States
   1.   Subject to paragraph 2 of this Article, the provisions of this Agreement shall take precedence over the provisions of any bilateral agreement or other legally binding instrument on the readmission of persons which have been or may, under Article 16, be concluded between individual Member States and Ukraine, in so far as the provisions of the latter are incompatible with those of this Agreement.
   2.   The provisions on readmission of stateless persons and nationals from third countries contained in bilateral agreements or other legally binding instruments which have been concluded between individual Member States and Ukraine shall continue to apply during the two-year period referred to in Article 20(3).
   SECTION VII
   FINAL PROVISIONS
   Article 18
   Territorial application
   1.   Subject to paragraph 2 of this Article, this Agreement shall apply to the territory in which the Treaty establishing the European Communities is applicable and to the territory of Ukraine.
   2.   This Agreement shall not apply to the territory of the Kingdom of Denmark.
   Article 19
   Amendments to the Agreement
   This Agreement may be amended and supplemented by mutual consent of the Contracting Parties. Amendments and supplements shall be drawn up in the form of separate protocols, which shall form an integral part of this Agreement, and enter into force in accordance with the procedure laid down in Article 20 of this Agreement.
   Article 20
   Entry into force, duration and termination
   1.   This Agreement shall be ratified or approved by the Contracting Parties in accordance with their respective procedures.
   2.   Subject to paragraph 3 of this Article, this Agreement shall enter into force on the first day of the second month following the date on which the Parties notify each other that the procedures referred to in the first paragraph have been completed.
   3.   The obligations set out in Article 3 of this Agreement shall only become applicable two years after the date referred to in paragraph 2 of this Article. During that two-year period, they shall only be applicable to stateless persons and nationals from third-countries with which the Ukraine has concluded bilateral treaties or arrangements on readmission. As set out in Article 17(2), the provisions on the readmission of stateless persons and nationals from third countries contained in bilateral agreements or other legally binding instruments which have been concluded between individual Member States and Ukraine shall continue to apply during this two-year period.
   4.   This Agreement is concluded for an unlimited period.
   5.   Each Party may denounce this Agreement by officially notifying the other Party. This Agreement shall be terminated six months after the date of such notification.
   Article 21
   Annexes
   Annexes 1 to 8 shall form an integral part of this Agreement.

      Done at Luxembourg on the eighteenth day of June in the year two thousand and seven 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 Ukrainian languages, each of these texts being equally authentic.

         За Европейската общност
         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         az Európai Közösség részéről
         Għall-Komunitá Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Pentru Comunitatea Europeană
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         På Europeiska gemenskapens vägnar
         3a Євролейське Спiвтовaриство

         За Украйиа
         Por Ucrania
         Za Ukrajinu
         For Ukraine
         Für die Ukraine
         Ukraina nimel
         Για την Ουκρανία
         For Ukraine
         Pour l’Ukraine
         Per l’Ucraina
         Ukrainas vārdā
         Ukrainos vardu
         Ukrajna részéről
         Għall-Ukrajna
         Voor Oekraïne
         W imieniu Ukrainy
         Pela Ucrânia
         Pentru Ucraina
         Za Ukrajinu
         Za Ukrajino
         Ukrainan puolesta
         På Ukrainas vägnar
         За Υκραїиу

   ANNEX 1
   COMMON LIST OF DOCUMENTS REGARDING NATIONALITY
   (Article 6(1)(a))

               —

               passports of any kind (national passports, diplomatic passports, service passports, collective passports and surrogate passports including children’s passports),

               —

               national identity cards (including temporary and provisional ones),

               —

               military service books and military identity cards,

               —

               seaman’s registration books, skippers’ service cards and seaman’s passports,

               —

               citizenship certificates and other official documents that mention or indicate citizenship.

         ANNEX 2
   COMMON LIST OF DOCUMENTS REGARDING NATIONALITY
   (Article 6(1)(b))

               —

               photocopies of any of the documents listed in Annex 1 to this Agreement,

               —

               driving licenses or photocopies thereof,

               —

               birth certificates or photocopies thereof,

               —

               company identity cards or photocopies thereof,

               —

               statements by witnesses,

               —

               statements made by the person concerned and language spoken by him or her, including the results of any official test conducted to establish the person’s nationality. For the purpose of this Annex, the term ‘official test’ is defined as a test commissioned or conducted by the authorities of the requesting State and validated by the requested State

               —

               any other document which may help to establish the nationality of the person concerned.

         ANNEX 3
   COMMON LIST OF DOCUMENTS REGARDING THIRD COUNTRY NATIONALS AND STATELESS PERSONS
   (Article 7(1))

      ANNEX 3A

                  —

                  official statements made for the purpose of the accelerated procedure, in particular, by authorised border authority staff who can testify to the person concerned crossing the border from the requested State directly to the territory of the requesting State,

                  —

                  named tickets of air, train, coach or boat passages, which testify to the presence and the itinerary of the person concerned from the territory of the requested State directly to the territory of the requesting State (or Member States if the requested State is Ukraine),

                  —

                  passenger lists of air, train, coach or boat passages which testify to the presence and the itinerary of the person concerned from the territory of the requested State directly to the territory of the requesting State (or Member States if the requested State is Ukraine).

      ANNEX 3B

                  —

                  official statements made, in particular, by border authority staff of the Requesting State and other witnesses who can testify to the person concerned crossing the border,

                  —

                  documents, certificates and bills of any kind (e.g. hotel bills, appointment cards for doctors/dentists, entry cards for public/private institutions, car rental agreements, credit card receipts, etc.) which clearly show that the person concerned stayed on the territory of the Requested State,

                  —

                  information showing that the person concerned has used the services of a courier or travel agency,

                  —

                  official statement by the person concerned in judicial or administrative proceedings.

   ANNEX 4
   COMMON LIST OF DOCUMENTS REGARDING THIRD-COUNTRY NATIONALS AND STATELESS PERSONS
   (Article 7(2))

      ANNEX 4A

                  —

                  valid visa and/or residence authorisation issued by the Requested State,

                  —

                  entry/departure stamps or similar endorsement in the travel document of the person concerned or other evidence of entry/departure.

      ANNEX 4B
      Photocopies of any of the documents listed in Part A.

   ANNEX 5

   ANNEX 6

   ANNEX 7
   EU STANDARD TRAVEL DOCUMENT FOR EXPULSION PURPOSES
   (In line with the form set out in EU Council Recommendation of 30 November 1994)
   ANNEX 8
   UKRAINIAN RETURN CERTIFICATE
   DECLARATION OF UKRAINE
   ‘Travel document’ shall mean a document valid for going abroad issued by Ukraine, one of the Member States or the state of citizenship or permanent residence of the person to be readmitted.
   JOINT DECLARATION CONCERNING ARTICLE 2(1)
   The Contracting Parties take note that, according to the nationality laws of Ukraine and the Member States, it is not possible for a Ukrainian or EU citizen to be deprived of his or her nationality without acquiring another nationality.
   The Contracting Parties agree to consult each other in due time, should this legal situation change.
   JOINT DECLARATION CONCERNING DENMARK
   The Contracting Parties take note that this Agreement does not apply to the territory of the Kingdom of Denmark, nor to the nationals of the Kingdom of Denmark. In such circumstances it is appropriate that Ukraine and Denmark conclude a readmission agreement in the same terms as this Agreement.
   JOINT DECLARATION CONCERNING ICELAND AND NORWAY
   The Contracting Parties take note of the close relationship between the European Communities and Iceland and Norway, particularly by virtue of the Agreement of 18 May 1999 concerning the association of these countries with the implementation, application and development of the Schengen acquis. In such circumstances it is appropriate that Ukraine concludes with Norway and Iceland a readmission agreement in the same terms as this Agreement.
   JOINT DECLARATION ON TECHNICAL AND FINANCIAL SUPPORT
   Both parties agree to implement this Agreement based on the principles of joint responsibility, solidarity and an equal partnership to manage the migratory flows between Ukraine and the EU.
   In this context the EC is committed to make available financial resources in order to support Ukraine in the implementation of this Agreement. In doing so, special attention will be devoted to capacity building. Such support is to be provided in the context of the overall priorities for assistance in favour of Ukraine, as part of the overall funding available for Ukraine and in full respect of the relevant implementation rules and procedures of EC external assistance.


title: 2005/459/EC: Commission Decision of 22 June 2005 recognising in principle the completeness of the dossier submitted for detailed examination in view of the possible inclusion of pinoxaden in Annex I to Council Directive 91/414/EEC (notified under document number C(2005) 1839) Text with EEA relevance

text:
               23.6.2005

               EN

               Official Journal of the European Union

               L 160/32

         COMMISSION DECISION
   of 22 June 2005
   recognising in principle the completeness of the dossier submitted for detailed examination in view of the possible inclusion of pinoxaden in Annex I to Council Directive 91/414/EEC
   (notified under document number C(2005) 1839)
   (Text with EEA relevance)
   (2005/459/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection on the market (1), and in particular Article 6(3) thereof,
   Whereas:

               (1)

               Directive 91/414/EEC provides for the development of a Community list of active substances authorised for incorporation in plant protection products.

               (2)

               A dossier for the active substance pinoxaden was submitted by Syngenta Ltd to the authorities of the United Kingdom on 31 March 2004 with an application to obtain its inclusion in Annex I to Directive 91/414/EEC.

               (3)

               The authorities of the United Kingdom have indicated to the Commission that, on preliminary examination, the dossier for the active substance concerned appear to satisfy the data and information requirements set out in Annex II to Directive 91/414/EEC. The dossier submitted appear also to satisfy the data and information requirements set out in Annex III to Directive 91/414/EEC in respect of one plant protection product containing the active substance concerned. In accordance with Article 6(2) of Directive 91/414/EEC, the dossier was subsequently forwarded by the applicant to the Commission and other Member States, and was referred to the Standing Committee on the Food Chain and Animal Health.

               (4)

               By this Decision it should be formally confirmed at Community level that the dossier is considered as satisfying in principle the data and information requirements provided for in Annex II and, for at least one plant protection product containing the active substance concerned, the requirements set out in Annex III to Directive 91/414/EEC.

               (5)

               This Decision should not prejudice the right of the Commission to request the applicant to submit further data or information in order to clarify certain points in the dossier.

               (6)

               The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS DECISION:
   Article 1
   Without prejudice to Article 6(4) of Directive 91/414/EEC, the dossier concerning the active substance identified in the Annex to this Decision, which was submitted to the Commission and the Member States with a view to obtaining the inclusion of this substance in Annex I to that Directive, satisfies in principle the data and information requirements set out in Annex II to that Directive.
   The dossier also satisfies the data and information requirements set out in Annex III to that Directive in respect of one plant protection product containing the active substance, taking into account the uses proposed.
   Article 2
   The rapporteur Member State shall pursue the detailed examination for the dossier concerned and shall report the conclusions of this examination accompanied by any recommendations on the inclusion or non-inclusion of the active substance concerned in Annex I to Directive 91/414/EEC and any conditions related thereto to the European Commission as soon as possible and at the latest within a period of one year from the date of publication of this Decision in the Official Journal of the European Union.
   Article 3
   This Decision is addressed to the Member States.

      Done at Brussels, 22 June 2005.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2005/34/EC (OJ L 125, 18.5.2005, p. 5).

      ANNEX
      ACTIVE SUBSTANCE CONCERNED BY THIS DECISION

                  No

                  Common name, CIPAC identification number

                  Applicant

                  Date of application

                  Rapporteur Member State

                  1

                  Pinoxaden CIPAC No not yet allocated

                  Syngenta Ltd

                  31.3.2004

                  UK


Avis juridique important

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32001D0747

2001/747/EC: Council Decision of 27 September 2001 concerning the conclusion of the Agreement on Mutual Recognition between the European Community and Japan

Official Journal L 284 , 29/10/2001 P. 0001 - 0002

Council Decisionof 27 September 2001concerning the conclusion of the Agreement on Mutual Recognition between the European Community and Japan(2001/747/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with Article 300(2), first subparagraph, first sentence, and (3), first subparagraph, first sentence, and paragraph 4 thereof,Having regard to the proposal of the Commission,Whereas:(1) The Agreement on Mutual Recognition between the European Community and Japan was signed, on behalf of the European Community, on 4 April 2001, subject to its possible conclusion at a later date, and should be approved.(2) The appropriate internal procedures should be established to ensure the proper functioning of the Agreement. It is therefore necessary to delegate to the Commission the power to proceed to amendments of part B of the Sectoral Annexes to the Agreement and to take certain decisions for its implementation,HAS DECIDED AS FOLLOWS:Article 1The Agreement on Mutual Recognition between the European Community and Japan, including its Annexes, together with the joint declarations and the Exchanges of Letters annexed to the Final Act, are hereby approved on behalf of the European Community.The texts referred to in the first paragraph are attached to this Decision.Article 2On behalf of the Community, the President of the Council shall, transmit the note provided for in Article 14 of the Agreement(1).Article 31. The Commission, assisted by the special committee appointed by the Council (hereinafter "special committee") shall represent the Community in the Joint Committee established under Article 8 of the Agreement and in any subcommittees established in accordance with paragraph 2 of the same Article. The Commission shall proceed, after consultation with the special committee, to notifications, requests and exchange of information and to the proposals for:(a) registration of conformity assessment bodies,(b) provision of lists of facilities,(c) termination, suspension, or withdrawal of conformity assessment bodies,(d) non-acceptance of confirmation and of data generated by facilities,(e) non-acceptance of certificates emanating from suspended conformity assessment bodies,(f) appointments of experts,(g) actions taken in the context of verifications, visits or contestations,referred to in Articles 5, 6, 7, 8, 9, 10 of the Agreement and the equivalent provisions of its Sectoral Annexes.2. The position to be adopted by the Community in the Joint Committee or if appropriate in any subcommittees shall be determined by the Commission following consultation of the special committee, with regard to:(a) adoption of the rules of procedure, in accordance with Article 8(2) of the Agreement;(b) establishment of subcommittees in accordance with Article 8(2) of the Agreement;(c) adoption of the modalities of exchange of information in accordance with Article 8(3)(c) of the Agreement;(d) registration of conformity assessment bodies, their verification and related decisions in accordance with Articles 5, 7, 8(3)(a), 8(3)(d) and 9 of the Agreement;(e) establishment and publication of the lists of registered conformity assessment bodies and confirmed facilities in accordance with Article 8(3)(b) of the Agreement;(f) verification, visit and contestation of confirmed facilities and related decisions, in accordance with Articles 5, 7 and 10 of the Agreement;(g) definition of emergencies and modalities for visits of facilities in accordance with Article 10(2)(b) of the Agreement;(h) establishment of procedures for implementing the Sectoral Annex on good manufacturing practice (GMP) in accordance with points 7(b), 7(c) and 9(b) of this Sectoral Annex.3. The Commission, following consultation of the special committee, shall manage and approve the transitional arrangements associated with implementation of the Sectoral Annex on GMP, and shall send the other party, on behalf of the European Community, the diplomatic note confirming that the preparatory work is completed (in accordance with point 9(a) of the Sectoral Annex on GMP).4. The Commission shall approve all modifications of part B of the Sectoral Annexes, in consultation with the special committee and shall send the other party, on behalf of the European Community, the diplomatic note referred to in Article 15(3)(b) of the Agreement.5. In all other cases the position to be adopted by the Community in the Joint Committee or a subcommittee shall be determined by the Council, acting by a qualified majority on a proposal from the Commission.Done at Brussels, 27 September 2001.For the CouncilThe PresidentM. Verwilghen(1) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities.