Avis juridique important

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31997D0167

97/167/EC: Commission Decision of 25 February 1997 accepting undertakings offered in connection with the review of Council Regulation (EEC) No 3433/91 and the proceeding concerning imports of gas-fuelled, non- refillable pocket flint lighters, originating respectively in Thailand and in the Philippines and Mexico

Official Journal L 065 , 06/03/1997 P. 0054 - 0056

COMMISSION DECISION of 25 February 1997 accepting undertakings offered in connection with the review of Council Regulation (EEC) No 3433/91 and the proceeding concerning imports of gas-fuelled, non-refillable pocket flint lighters, originating respectively in Thailand and in the Philippines and Mexico (97/167/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 amended by Regulation (EC) No 2331/96 (2), and in particular Articles 8 and 23 thereof,After consulting the Advisory Committee,Whereas:(1) On 18 March 1995, the Commission announced, by a notice published in the Official Journal of the European Communities (3), the initiation of a review of Regulation (EEC) No 3433/91 (4), as last amended by Regulation (EC) No 1006/95 (5), in respect of imports of gas-fuelled, non-refillable pocket flint lighters originating in Thailand and commenced an investigation under Article 11 (3) of Council Regulation (EC) No 3283/94 (6) which was replaced during the investigation by Regulation (EC) No 384/96, hereinafter referred to as 'the Basic Regulation`. This interim review was initiated as a result of a request lodged in March 1994 by the European Federation of Lighter Manufacturers (EFLM), on behalf of its members representing almost the totality of Community production of the like product. This request contained sufficient evidence to justify the initiation of a review.(2) On 18 March 1995, the Commission announced, by a notice published in the Official Journal of the European Communities (7), the initiation of an anti-dumping proceeding concerning imports of gas-fuelled, non-refillable pocket flint lighters originating in the Philippines and Mexico and commenced an investigation. This proceeding was initiated as a result of two complaints both lodged in August 1994 by producers representing a major proportion of total Community production of the like product. As regards the Philippines and Mexico, it was considered that the relevant complaints contained sufficient evidence of dumping by the imports concerned and of material injury resulting therefrom to justify the initiation of anti-dumping proceedings. The relevant investigations were carried out in the framework of a single proceeding.(3) A number of considerations led the Commission to the conclusion that a cumulative assessment of the effect of the dumped imports from both the country subject to a review (Thailand) and the two countries subject to a new proceeding (the Philippines and Mexico), was warranted. As a result, from a procedural point of view, it was considered that definitive measures, if any, should be directly adopted, without resorting to the intermediate step of provisional duties.(4) The Commission accordingly continued to seek and verify all information it deemed necessary for its definitive findings. In the course of this examination, it was established that definitive anti-dumping measures in respect of imports originating in the three countries concerned should be taken in order to eliminate the injurious effects of dumping (and accordingly that the existing measures concerning Thai imports should be repealed). The findings and conclusions on all aspects of the investigations are set out in Council Regulation (EC) No 423/97 (8).(5) Having been informed of these conclusions, one Thai producer, two related Filipino producers and one Mexican producer have offered undertakings with regard to the import or resale prices to first unrelated customers in the Community pursuant to Article 8 of the Basic Regulation.(6) According to these undertakings, prices would be set at levels sufficient to eliminate the injurious dumping as established in the framework of the present review and anti-dumping proceeding. On this basis and in the light of the findings of the investigations (in particular those relating to the causal link as set out in recitals 70 and 71 of Regulation (EC) No 423/97), the Commission is of the opinion that the undertakings offered should be considered as a particularly appropriate remedy in the present cases.(7) In addition, given the type of sales channels of the exports concerned (which are made either to related parties or sole importers in the Community) and the fact that the Thai producer concerned, which is also responsible for exporting the goods in question, the Japanese related company usually responsible for exporting the goods manufactured by the two Filipino producers, as well as the American related company usually responsible for exporting the goods manufactured by the Mexican producer (together with related importers in the Community), have undertaken to submit detailed and regular sales information to the Commission, it has been concluded that the correct observance of the undertakings can be effectively monitored by the Commission.(8) Under these circumstances, the undertakings offered by the Thai producer/exporter, the two related Filipino producers in conjunction with their Japanese parent company and the Mexican producer in conjunction with its American parent company (and related importers in the Community) are considered acceptable and the investigations can, therefore, be terminated with respect to the Thai, Filipino and Mexican producers concerned.(9) The producers and exporters (as well as related importers) concerned were informed of the essential facts and considerations on the basis of which the imposition of definitve anti-dumping measures was recommended and have had the opportunity to comment on all aspects of the investigation. Accordingly, should an undertaking be withdrawn or should the Commission have reasons to believe that an undertaking is being violated, a provisional duty may be imposed pursuant to Article 7 and Article 8 (10) of the Basic Anti-dumping Regulation and, should the conditions of Article 8 (9) of the said Regualtion be met, a definitive anti-dumping duty will be imposed.(10) No objections were raised when the Advisory Committee was consulted on the acceptance of the undertakings offered.(11) Having been informed of the main facts and considerations on the basis of which the Commission intended to accept the undertakings, the Community industry concerned did not object,HAS ADOPTED THIS DECISION:Article 1 The undertakings offered by:(a) Thai Merry Co., Ltd, Samutsakorn, Thailand;in connection with the review of Regulation (EEC) No 3433/91, and(b) Iwax Philippine, Inc., Rosario, Cavite, Philippines,Iwahori Philippines, Inc., Mariveles, Bataan, Philippines, andIwax Inc., Shizuoka, Japan (in respect of its exports of goods produced by the abovementioned companies),JMP Mexico, S.A. de C.V., Tijuana, Mexico, andScripto Tokai Corp., Fontana, USA (in respect of its exports of goods produced by the abovementioned company), as well as all its related importers in the Community;in connection with the proceeding,concerning imports of gas-fuelled, non-refillable pocket flint lighters, falling within CN code ex 9613 10 00, are hereby accepted.This acceptance shall take effect on the date of entry into force of Regulation (EC) No 423/97.Article 2 The investigations in connection with the review and the anti-dumping proceeding referred to in Article 1 are hereby terminated with regard to the companies named in that Article.Done at Brussels, 25 February 1997.For the CommissionLeon BRITTANVice-President(1) OJ No L 56, 6. 3. 1996, p. 1.(2) OJ No L 317, 6. 12. 1996, p. 1.(3) OJ No C 67, 18. 3. 1995, p. 4.(4) OJ No L 326, 28. 11. 1991, p. 1.(5) OJ No L 101, 4. 5. 1995, p. 38.(6) OJ No L 349, 31. 12. 1994, p. 1.(7) OJ No C 67, 18. 3. 1995, p. 3.(8) See page 1 of this Official Journal.


Avis juridique important

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31991D0105

91/105/EEC: Council Decision of 25 February 1991 concerning the conclusion of the Agreement in the form of an exchange of letters between the European Economic Community and the Republic of Tunisia laying down the arrangements applicable from 1 January 1991 to imports into the Community of untreated olive oil originating in Tunisia

Official Journal L 056 , 02/03/1991 P. 0021

COUNCIL DECISION  of 25 February 1991  concerning the conclusion of the Agreement in the form of an exchange of letters between the European Economic Community and the Republic of Tunisia laying down the arrangements applicable from 1 January 1991  to imports into the Community of untreated olive oil originating in Tunisia  (91/105/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 Additional Protocol to the Cooperation Agreement between the European Economic Community and the Republic of Tunisia (1), signed on 26 May 1987, and in particular Article 4 (3) thereof,  Having regard to the recommendation from the Commission,  Whereas the Agreement in the form of an exchange of letters negotiated with the Republic of Tunisia concerning imports into the Community of untreated olive oil falling within CN code 1509 10 10 or 1509 10 90 and originating in Tunisia should be  approved,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement in the form of an exchange of letters between the European Economic Community and the Republic of Tunisia laying down the arrangements applicable from 1 January 1991 to imports into the Community of untreated olive oil  originating in Tunisia 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, 25 February 1991. For the Council  The President  J.-C. JUNCKER  (1) OJ No L 297, 21. 10. 1987, p. 36.


title: Request for defence of the immunity of Witold Tomczak #European Parliament decision of 19 February 2008 on the request for defence of the immunity and privileges of Witold Tomczak (2007/2130(IMM))

text:
               6.8.2009

               EN

               Official Journal of the European Union

               CE 184/111

         Tuesday 19 February 2008Request for defence of the immunity of Witold Tomczak

      P6_TA(2008)0048

   European Parliament decision of 19 February 2008 on the request for defence of the immunity and privileges of Witold Tomczak (2007/2130(IMM))
   2009/C 184 E/20

      The European Parliament,
   having regard to the request by Witold Tomczak for defence of his immunity in connection with the criminal case conducted by the District Court in Ostrów Wielkopolski, Poland, made on 21 May 2007, announced in plenary sitting on 24 May 2007,
   having heard Witold Tomczak on 4 October 2007 in accordance with Rule 7(3) of its Rules of Procedure,
   having regard to Articles 8, 9 and 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,
   having regard to the judgments of 12 May 1964 and 10 July 1986 (1) of the Court of Justice of the European Communities,
   having regard to Article 105 of the Polish Constitution,
   having regard to Rules 6(3) and 7 of its Rules of Procedure,
   having regard to the report of the Committee on Legal Affairs (A6-0008/2008),

               A.

               whereas Witold Tomczak was elected to the Sejm (the lower house of the Polish Parliament) on 21 September 1997 and on 23 September 2001; whereas after the signature of the Accession Treaty on 16 April 2003 he became an Observer; whereas he was a Member of the European Parliament from 1 May 2004 until 19 July 2004; whereas he was elected to the European Parliament on 13 June 2004 and his term of office in the Polish Parliament expired on 16 June 2004,

               B.

               whereas Witold Tomczak is charged with insulting two police officers in the performance of their duties in Ostrów Wielkopolski on 26 June 1999 in breach of Article 226(1) of the Polish Penal Code; whereas after a number of failures by Witold Tomczak to appear at the hearings, the District Court in Ostrów Wielkopolski decided on 10 January 2005, in accordance with Article 377(3) of the Polish Code of Criminal Procedure, to proceed with the trial in absentia,

               C.

               whereas, in accordance with Article 9 of the Act of 23 January 2004 on elections to the European Parliament, ‘A person shall be eligible for elections to the European Parliament held in the Republic of Poland if he or she […] has not been convicted of an offence committed intentionally and prosecuted by indictment …’; whereas Article 142, paragraph 1(1) of that Act states that ‘The forfeiture of a seat of a Member of the European Parliament shall be a result of forfeiture of eligibility’; whereas no such provisions exist in the Act of 12 April 2001 on elections to the Sejm and Senat of the Republic of Poland (the Polish parliament),

               D.

               whereas Witold Tomczak had previously (on 29 April 2005) asked Parliament to defend his immunity in these criminal proceedings; whereas Parliament decided in plenary on 4 April 2006 not to defend his immunity, even though Mr Tomczak had sent a letter prior to the plenary sitting by which he purported to withdraw his earlier application for defence of his immunity,

               E.

               whereas Witold Tomczak claims that the judge presiding in the case is not objective, and that the possibility of holding the trial in absentia infringes the principle of the presumption of innocence,

               F.

               whereas Witold Tomczak complains that the District Court is not granting him access to the files in the case and that the criminal proceedings against him are biased because he sought to challenge the legality of the actions of local police and the local prosecutor,

               G.

               whereas, on the basis of the information obtained, Witold Tomczak is not protected by parliamentary immunity in respect of any of the claims which have been drawn to the attention of the President of the European Parliament,

               1.

               Decides not to defend the immunity and privileges of Witold Tomczak.

      (1)  Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195 and Case 149/85 Wybot v Faure and others [1986] ECR 2391.


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32001D0621

2001/621/EC: Council Decision of 23 July 2001 appointing a Spanish member of the Committee of the Regions

Official Journal L 216 , 10/08/2001 P. 0025 - 0025

Council Decisionof 23 July 2001appointing a Spanish member of the Committee of the Regions(2001/621/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the Council Decision of 26 January 1998(1) appointing the members and alternate members of the Committee of the Regions,Whereas a seat as a full member of the Committee of the Regions has become vacant following the resignation of Mr Juan José LUCAS GIMÉNEZ, notified to the Council on 9 July 2001;Having regard to the proposal from the Spanish Government,HAS DECIDED AS FOLLOWS:Sole ArticleMr Juan Vicente HERRERA CAMPO is hereby appointed a member of the Committee of the Regions in place of Mr Juan José LUCAS GIMÉNEZ for the remainder of his term of office, which runs until 25 January 2002.Done at Brussels, 23 July 2001.For the CouncilThe PresidentA. Neyts-Uyttebroeck(1) OJ L 28, 4.2.1998, p. 19.


title: Council Decision of 13 December 2004 appointing the full members and alternate members of the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions

text:
               22.12.2004

               EN

               Official Journal of the European Union

               C 317/4

      COUNCIL DECISION

   of 13 December 2004
   appointing the full members and alternate members of the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions
   (2004/C 317/03)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EEC) No 1365/75 of 26 May 1975 on the creation of a European Foundation for the Improvement of Living and Working Conditions (1), as last amended by Regulation (EEC) No 1947/93 (2), and in particular Article 6 thereof,
   Having regard to the lists of nominees submitted by the Governments of the Member States for Government representatives and forwarded by the Commission for representatives of workers' and employers' organisations,
   Whereas:

               (1)

               By its Decisions of 8 November 2001 (3) and 28 June 2004 (4) the Council appointed the full members and alternate members of the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions for the period from 19 October 2001 to 18 October 2004.

               (2)

               The full members and alternate members representing the Governments of the Member States and workers' and employers' organisations must be appointed for a three-year period.

               (3)

               It is for the Commission to appoint its own representatives on the Administrative Board,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following are hereby appointed full members and alternate members of the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions for the period from 19 October 2004 to 18 October 2007.
   I.   GOVERNMENT REPRESENTATIVES

               Country

               Full members

               Alternate members

               Belgium

               Mr Michel DE GOLS

               Mr Jan BATEN

               Czech Republic

               Mr Vlastimil VÁŇA

               Mr Josef JIRKAL

               Denmark

               Mr Jonas BERING LIISBERG

               Mr Kim Taasby

               Germany

               Mr Andreas HORST

               Ms Eva HÖGL

               Estonia

               Mr Tiit KAADU

               Mr Ivar RAIK

               Greece

               Mr Gregorios PELORIADIS

               Mr Constantinos PETINIS

               Spain

               Ms Pilar GONZÁLEZ BAYO

               Ms Carmen BRIONES GONZALEZ

               France

               Mr Marc BOISNEL

               Mr Emmanuel GREAT

               Ireland

               Mr Sean WARD

               Ms Ríona NÍ FHLANGHAILE

               Italy

               Mr Paolo REBOANI

               Ms Francesca PELAIA

               Cyprus

               Ms Lenia SAMUEL

               Mr Charalambos KOLOKOTRONIS

               Latvia

               Ms Ineta TĀRE

               Ms Ineta VJAKSE

               Lithuania

               Ms Rita KAZLAUSKIENE

               Mr Evaldas BACEVICIUS

               Luxembourg

               Ms Nadine WELTER

               Mr Jean ZAHLEN

               Hungary

               Ms Mária LADÓ

               Ms Edit VIRÁG

               Malta

               Mr Noel VELLA

               Ms Anna BORG

               Netherlands

               Mr C.J. VOS

               Mr MrBLOMSMA

               Austria

               Mr Andreas SCHALLER

               Ms Birgit STIMMER

               Poland

               Ms Agnieszka CHLON-DOMINCZAK

               Mr Jerzy CIECHAÑSKI

               Portugal

               Mr Jorge GASPAR

               Mr Fernando RIBEIRO LOPES

               Slovenia

               Ms Vladka KOMEL

               Ms Metka ŠTOKA-DEBEVEC

               Slovakia

               Ms Elena MICHALDOVÁ

               Ms Elena BARTUNKOVÁ

               Finland

               Ms Raila KANGASPERKO

               Mr Tuomo ALASOINI

               Sweden

               Ms Inger OHLSSON

               Ms Gunilla MALMBORG

               United Kingdom

               Mr Anthony MARTIN

               Mr George CLARK

         II.   REPRESENTATIVES OF WORKERS' ORGANISATIONS

               Country

               Full members

               Alternate members

               Belgium

               Mr Herman FONCK

               Mr François PHILIPS

               Czech Republic

               Ms Hana MÁLKOVÁ

               Mr Luděk TOMAN

               Denmark

               Mr Jens WIENE

               Mr Niels SORENSEN

               Germany

               Mr Dieter POUGIN

               Mr Reinhard DOMBRE

               Estonia

               Msr Vaike PARKEL

               Mr Kalle KALDA

               Greece

               Mr Alexandros KALYVIS

               Mr Dimitrios MOSHOGIANNIS

               Spain

               Ms Rosario MORILLO

               Mr Iñigo SAGARNA ODRIOZOLA

               France

               Mr Jean VANOYE

               Mr Rafaël NEDZYNSKI

               Ireland

               Ms Rosheen CALLENDER

               Mr Liam BERNEY

               Italy

               Ms Giulia BARBUCCI

               Mr Angelo MASETTI

               Cyprus

               Mr Petros THEOPHANOUS

               Mr Andreas POULIS

               Latvia

               Ms Iveta OZOLA

               Ms Lolita BURBO

               Lithuania

               Ms Janina MATUIZIENE

               Mr Vaidotas PETRONIS

               Luxembourg

               Ms Viviane GOERGEN

               Mr René PIZZAFERRI

               Hungary

               Ms Erzsébet HANTI

               Mr László GYIMESI

               Malta

               Mr Michael PARNIS

               Mr Anthony Micallef DEBONO

               Netherlands

               Mr Erik PENTENGA

               Mr Arie WOLTMEIJER

               Austria

               Ms Renate CZESKLEBA

               Mr Wolfgang GREIF

               Poland

               Mr Bogdan OLSZEWSKI

               Ms Agata BARANOWSKA-GRYCUK

               Portugal

               Mr Joaquim DIONISIO

               Mr João de DEUS GOMES PIRES

               Slovenia

               Mr Pavle VRHOVEC

               Mr Jure SNOJ

               Slovakia

               Ms Eva MEŠŤANOVÁ

               Ms Margita ANČICOVÁ

               Finland

               Ms Marjaana VALKONEN

               Ms Leila KURKI

               Sweden

               Mr Mats ESSEMYR

               Mr Sten GELLERSTEDT

               United Kingdom

               Mr Richard EXELL

               Mr Peter COLDRICK

         III.   REPRESENTATIVES OF EMPLOYERS' ORGANISATIONS

               Country

               Full members

               Alternate members

               Belgium

               Mr Arnout DE KOSTER

               Mr Roland WAEYAERT

               Czech Republic

               Ms Vladimira DRBALOVÁ

               Mr Josef FORNŮSEK

               Denmark

               Ms Henriette BENNICKE

               Mr Nils ANDREASEN

               Germany

               Mr Rainer SCHMIDT-RUDLOFF

               Ms Renate HORNUNG-DRAUSS

               Estonia

               Ms Eve PÄÄRENDSON

               Mr Tarmo KRIIS

               Greece

               Ms Rena BARDANI

               Mr Elias TSAMOUSSOPOULOS

               Spain

               Ms Maria ANGELES ASENJO

               Ms Rosario ESCOLAR POLO

               France

               Ms Florence CORDIER

               Mr Emmanuel JULIEN

               Ireland

               Mr Liam DOHERTY

               Mr Gavin MARIÉ

               Italy

               Mr Massimo MARCHETTI

               Ms Stefania ROSSI

               Cyprus

               Mr Michael ANTONIOU

               Ms Lena PANAYIOTOU

               Latvia

               Ms Elīna EGLE

               Mr Daiga ERMSONE

               Lithuania

               Ms Laura SIRVYDIENE

               Ms Gintare MISKINYTE

               Luxembourg

               Mr Nicolas WELSCH

               Ms Emmanuelle MATHIEU

               Hungary

               Mr Antal CSUPORT

               Mr Attila SZABADKAI

               Malta

               Mr John B. SCICLUNA

               Ms Roselyn BORG

               Netherlands

               Mr Jan Willem VAN DEN BRAAK

               Mr Gerard A. Mr VAN DER GRIND

               Austria

               Mr Heinrich BRAUNER

               Mr Christoph PARAK

               Poland

               Mr Michał BONI

               Mr Andrzej JANKOWSKI

               Portugal

               Mr Heitor SALGUEIRO

               Mr Pedro ALMEIDA FREIRE

               Slovenia

               Mr Marjan RAVNIK

               Ms Nina GLOBOCNIK

               Slovakia

               Ms Viola KROMEROVÁ

               Ms Martina KUNÁKOVÁ

               Finland

               Mr Seppo SAUKKONEN

               Ms Mirja-Maija TOSSAVAINEN

               Sweden

               Ms Marie-Louise THORSEN-LIND

               Mr Sverker RUDEBERG

               United Kingdom

               Ms Kate GROUCUTT

               Mr Neil BENTLEY

      Done at Brussels, 13 December 2004.

            For the Council

            The President

         B. R. BOT

      (1)  OJ L 139, 30.5.1975, p. 1.

      (2)  OJ L 181, 23.7.1993, p. 13.

      (3)  OJ C 327, 22.11.2001, p. 1.

      (4)  Not yet published in the Official Journal.


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31998D0537

98/537/EC: Council Decision of 13 July 1998 approving the text of the amendment to the trade-related provisions of the Energy Charter Treaty and its provisional application agreed by the Energy Charter Conference and the International Conference of the Signatories of the Energy Charter Treaty

Official Journal L 252 , 12/09/1998 P. 0021 - 0022

COUNCIL DECISION of 13 July 1998 approving the text of the amendment to the trade-related provisions of the Energy Charter Treaty and its provisional application agreed by the Energy Charter Conference and the International Conference of the Signatories of the Energy Charter Treaty (98/537/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community and in particular Article 113 thereof, in conjunction with the first sentence of Article 228(2),Having regard to Article 3(2) of Council and Commission Decision 98/181/EC, ECSC, Euratom of 23 September 1997 (1),Having regard to the proposal from the Commission,Whereas the Energy Charter Treaty was signed on 17 December 1994 by the European Communities and their Member States;Whereas the European Communities and a large majority of their Member States deposited their instruments of approval or ratification on 16 December 1997 with the Depositary, the Government of the Portuguese Republic;Whereas the remaining Member States will ratify the Energy Charter Treaty soon;Whereas the Energy Charter Treaty entered into force on 16 April 1998;Whereas since the day of its signature the Energy Charter Treaty has been applied, to the extent possible, on a provisional basis and will continue to be so applied to the extent possible, by those signatories who have not yet ratified the Treaty;Whereas the Energy Charter Treaty provides for the examination of its trade provisions in the light of the results of the Uruguay Round of Multilateral Trade Negotiations and of the inclusion of energy related equipment in the trade provisions, with a view to the adoption of such amendments by the Energy Charter Conference;Whereas the introduction in the Treaty of the relevant WTO provisions by reference instead of the GATT 1947 provisions contained therein, as well as the inclusion of energy-related equipment in the trade provisions, are in the interest of the Community;Whereas the Community has exclusive competence for common commercial policy;Whereas an International Conference was held at the same time as the Energy Charter Treaty Conference in order to enable the participation of all the signatories to the Energy Charter Treaty in the decision-making procedure;Whereas the Energy Charter Conference and the said International Conference held on 24 April 1998 agreed on the text of the Amendment to the trade-related provisions of the Energy Charter Treaty, including the list of energy related equipment, and on related decisions, understandings and declarations (Trade Amendment);Whereas the Community should give formal definitive approval to the text of the Trade Amendment;Whereas the Trade Amendment should be applied on a provisional basis pending its entry into force, in accordance with its provisions,HAS DECIDED AS FOLLOWS:Article 1 1. The text of the Amendment to the trade-related provisions of the Energy Charter Treaty, which was agreed within the Energy Charter Conference/International Conference on 24 April 1998, including the list of energy-related equipment and the related decisions, understandings and declarations, is hereby definitively approved on behalf of the European Community.2. The text of the Trade Amendment is attached to this Decision.3. The formal approval of the text of the Trade Amendment by the Community shall be notified to the Energy Charter Secretariat by the Commission.Article 2 The Trade Amendment shall be applied on a provisional basis in accordance with its provisions 90 days after its adoption by the Energy Charter Conference and shall be definitively applied upon its entry into force.Done at Brussels, 13 July 1998.For the CouncilThe PresidentW. SCHÜSSEL(1) OJ L 69, 9. 3. 1998, p. 1.


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41979D0035

79/35/ECSC: Decision of the representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council, of 13 January 1975 on the nomenclature and rates of conventional duty for certain products and the general rules for interpreting and applying the said nomenclature and duties

Official Journal L 010 , 16/01/1979 P. 0013 - 0013 Spanish special edition: Chapter 02 Volume 5 P. 0141  Portuguese special edition Chapter 02 Volume 5 P. 0141

****( 1 ) OJ NO L 172 , 22 . 7 . 1968 , P . 1 .  ( 2 ) OJ NO L 295 , 1 . 11 . 1974 , P . 1 .  ( 3 ) OJ NO L 1 , 1 . 1 . 1972 , P . 383 .    DECISION   OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY , MEETING WITHIN THE COUNCIL ,   OF 13 JANUARY 1975   ON THE NOMENCLATURE AND RATES OF CONVENTIONAL DUTY FOR CERTAIN PRODUCTS AND THE GENERAL RULES FOR INTERPRETING AND APPLYING THE SAID NOMENCLATURE AND DUTIES  ( 79/35/ECSC )   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY , MEETING WITHIN THE COUNCIL ,   HAVE DECIDED AS FOLLOWS :   ARTICLE 1   THE CUSTOMS NOMENCLATURE COMMON TO THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY AND THE CONVENTIONAL DUTIES APPLICABLE IN RESPECT OF PRODUCTS COMING UNDER THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY SHALL BE AS SHOWN IN COUNCIL REGULATION ( EEC ) NO 950/68 OF 28 JUNE 1968 ON THE COMMON CUSTOMS TARIFF ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2658/74 ( 2 ).   THE NOMENCLATURE AND DUTIES REFERRED TO ABOVE SHALL BE INTERPRETED AND APPLIED AS PROVIDED IN THE PRELIMINARY PROVISIONS OF THAT TARIFF .   ARTICLE 2   DECISION 72/1/ECSC ( 3 ) IS HEREBY REPEALED .   ARTICLE 3   MEMBER STATES SHALL TAKE ALL THE MEASURES REQUIRED TO IMPLEMENT THIS DECISION .   DONE AT BRUSSELS , 13 JANUARY 1975 .   THE PRESIDENT   GARRET FITZGERALD


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31980D0552

80/552/EEC: Commission Decision of 2 June 1980 terminating the anti-subsidy proceedings concerning certain stainless steel bars originating in Brazil

Official Journal L 139 , 05/06/1980 P. 0030

****( 1 ) OJ NO L 339 , 31 . 12 . 1979 , P . 1 .  ( 2 ) OJ NO C 317 , 18 . 12 . 1979 , P . 3 .    COMMISSION DECISION   OF 2 JUNE 1980   TERMINATING THE ANTI-SUBSIDY PROCEEDINGS CONCERNING CERTAIN STAINLESS STEEL BARS ORIGINATING IN BRAZIL  ( 80/552/EEC )   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 3017/79 OF 20 DECEMBER 1979 ON PROTECTION AGAINST DUMPED OR SUBSIDIZED IMPORTS FROM COUNTRIES NOT MEMBERS OF THE COMMUNITY ( 1 ), AND IN PARTICULAR ARTICLE 9 THEREOF ,   AFTER CONSULTING THE ADVISORY COMMITTEE SET UP UNDER THAT REGULATION ,   WHEREAS IN NOVEMBER 1979 THE COMMISSION RECEIVED A COMPLAINT LODGED BY THE BRITISH INDEPENDENT STEEL PRODUCERS ' ASSOCIATION ( BISPA ) ON BEHALF OF ALL THE COMMUNITY MANUFACTURERS OF STAINLESS STEEL BARS , CONTAINING EVIDENCE OF THE EXISTENCE OF DUMPING AND SUBSIDIES IN RESPECT OF LIKE PRODUCTS FALLING WITHIN NIMEXE CODES EX 73.73-53 AND EX 73.73-83 , ORIGINATING IN BRAZIL , AND OF MATERIAL INJURY RESULTING THEREFROM ;   WHEREAS THE SAID EVIDENCE WAS SUFFICIENT TO JUSTIFY INITIATING AN INVESTIGATION ; WHEREAS THE COMMISSION ACCORDINGLY ANNOUNCED , BY A NOTICE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES ( 2 ), THE INITIATION OF PROCEEDINGS CONCERNING IMPORTS OF CERTAIN STAINLESS STEEL BARS ORIGINATING IN BRAZIL AND COMMENCED AN INVESTIGATION OF THE MATTER AT COMMUNITY LEVEL ;   WHEREAS THE COMMISSION OFFICIALLY SO ADVISED THE EXPORTERS AND IMPORTERS KNOWN TO BE CONCERNED AS WELL AS REPRESENTATIVES OF THE EXPORTING COUNTRY AND THE COMPLAINANTS ;   WHEREAS THE COMMISSION HAS GIVEN THE PARTIES DIRECTLY CONCERNED THE OPPORTUNITY TO MAKE KNOWN THEIR VIEWS IN WRITING , TO BE HEARD ORALLY , AND TO MEET SO THAT OPPOSING VIEWS MIGHT BE PRESENTED AND REBUTTAL ARGUMENTS PUT FORWARD ;   WHEREAS THE MAJORITY OF THE PARTIES CONCERNED HAVE TAKEN THIS OPPORTUNITY OF MAKING KNOWN THEIR VIEWS IN WRITING ;   WHEREAS , IN ORDER TO ARRIVE AT A PRELIMINARY DETERMINATION OF THE EXISTENCE OF SUBSIDIES AND INJURY RESULTING THEREFROM , REPRESENTATIVES OF THE COMMISSION FIRST VISITED BRASILIA TO SEEK CLARIFICATION FROM THE BRAZILIAN AUTHORITIES ; WHEREAS THEY SUBSEQUENTLY CARRIED OUT INVESTIGATIONS AT THE PREMISES OF THE MAIN BRAZILIAN EXPORTERS , INCLUDING ACOS VILLARES SA ( SAO PAULO ), ACOS FINOS PIRATINI SA ( PORTO ALEGRE ) AND INTER BRAS COMERCIO INTERNACIONAL SA ( RIO DE JANEIRO ), AND THE MAIN UNITED KINGDOM IMPORTERS , INCLUDING AMARI WORLD STEEL LTD ( LONDON ), GME STEELS LTD ( MACCLESFIELD ) AND G . M . ELDERS STEELS  ( SHEFFIELD ); WHEREAS THE COMMISSION CONTACTED A NUMBER OF OTHER AGENTS AND IMPORTERS AND ALSO SOUGHT AND VERIFIED ALL INFORMATION IT DEEMED TO BE NECESSARY FROM THE MAIN COMMUNITY PRODUCERS CONCERNED , VIZ . THE UNITED KINGDOM PRODUCERS , INCLUDING SPARTAN REDHEUGH LTD ( SHEFFIELD ), FIRTH VICKERS SPECIAL STEELS LTD ( SHEFFIELD ), OSBORN STEELS LTD  ( SHEFFIELD ) AND BRITISH STEEL CORPORATION ( ROTHERHAM );   WHEREAS THE PRELIMINARY ASSESSMENT OF THE SUBSIDIES WAS CARRIED OUT AT THE SAME TIME AS THE INVESTIGATION OF DUMPING BY BRAZILIAN PRODUCERS ; WHEREAS FOR THIS REASON THE ASSESSMENT WAS MADE IN RESPECT OF SALES FROM 1 DECEMBER 1978 TO 30 NOVEMBER 1979 ;   WHEREAS THE ABOVE PRELIMINARY EXAMINATION OF THE FACTS SHOWED THAT CERTAIN BRAZILIAN GOVERNMENT PROGRAMMES HAVE BROUGHT FINANCIAL ADVANTAGES TO PRODUCERS AND EXPORTERS OF THE PRODUCT IN QUESTION ;   WHEREAS IT WAS THUS ESTABLISHED THAT BY A NUMBER OF RESOLUTIONS , NOTABLY NOS 331 , 398 , 515 AND 583 , THE BRAZILIAN GOVERNMENT AUTHORIZED PREFERENTIAL CREDIT TERMS FOR EXPORTS ; WHEREAS THERE WAS , IN RESPECT OF EXPORTS , AN EXCESSIVE REMISSION OF THE TAX ON INDUSTRIAL PRODUCTS ( IPI ), IN THAT A TAX CREDIT WAS GRANTED WHICH EXCEEDED THE AMOUNT OF TAX ACTUALLY COLLECTED AT THE PRODUCTION STAGE ; WHEREAS , FURTHERMORE , UNDER GOVERNMENT RESOLUTION NO 515 BRAZILIAN PRODUCERS HAD ACCESS TO WORKING CAPITAL AT LOWER RATES OF INTEREST THAN THOSE OBTAINING ON THE COMMERCIAL MARKET ;   WHEREAS THE ABOVE PRELIMINARY EXAMINATION OF THE FACTS SHOWS THAT IN THE PERIOD UNDER CONSIDERATION THE BRAZILIAN GOVERNMENT PROVIDED EXPORT SUBSIDIES EQUIVALENT TO AROUND 20 % OF THE FOB EXPORT PRICE ; WHEREAS A COUNTERVAILING DUTY COULD HAVE BEEN IMPOSED IN RESPECT OF THOSE SUBSIDIES ;   WHEREAS , WITH REGARD TO THE INJURY CAUSED TO THE COMMUNITY INDUSTRY BY THOSE SUBSIDIES AND BY THE DUMPING BY BRAZILIAN PRODUCERS , THE EVIDENCE AVAILABLE TO THE COMMISSION SHOWS THAT IMPORTS INTO THE COMMUNITY OF STAINLESS STEEL BARS ORIGINATING IN BRAZIL ROSE FROM ABOUT THREE TONNES IN 1975 TO 120 TONNES IN 1978 AND 1 267 TONNES IN 1979 ; WHEREAS THESE IMPORTS ARE CONCENTRATED ALMOST ENTIRELY ON THE MARKET OF THE UNITED KINGDOM ( WHICH PRODUCES A LARGE PART OF THE COMMUNITY OUTPUT ), WHERE THEY HAVE RISEN FROM ABOUT THREE TONNES IN 1975 TO 120 TONNES IN 1978 AND 1 167 TONNES IN 1979 ;   WHEREAS IN 1979 THE IMPORTS IN QUESTION ATTAINED A MARKET SHARE OF 3 % IN THE COMMUNITY AND 17 % IN THE UNITED KINGDOM AND , THEREFORE , HAD A CONSIDERABLE INFLUENCE ON THE UNITED KINGDOM MARKET , WHILE CONSTITUTING A REAL THREAT TO OTHER COMMUNITY PRODUCERS ;   WHEREAS , ACCORDING TO THE INFORMATION AVAILABLE TO THE COMMISSION , THE PRICES OF THE IMPORTED PRODUCT SUBSTANTIALLY UNDERCUT THE PRICES OF THE SAME PRODUCT MANUFACTURED BY COMMUNITY PRODUCERS ; WHEREAS , IN NOVEMBER 1979 , FOR EXAMPLE , THE PRICE TO THE DISTRIBUTOR IN THE UNITED KINGDOM OF STAINLESS STEEL BARS ORIGINATING IN BRAZIL WAS 10 % TO 30 % LOWER THAN THE PRICES CHARGED BY DOMESTIC PRODUCERS ;   WHEREAS THE CONSEQUENT IMPACT ON THE COMMUNITY INDUSTRY HAS TAKEN THE FORM OF STAGNATION OF PRODUCTION AND SALES AT A LEVEL OF 4 000 TONNES , THE LOSS OF ABOUT 3 000 JOBS SINCE 1975 AND A DEPRESSION OF PRICES , MAKING IT IMPOSSIBLE IN MOST CASES TO COVER PRODUCTION COSTS ; WHEREAS , FOR THIS REASON , THE UNITED KINGDOM UNDERTAKINGS CONCERNED ARE MAKING CONSIDERABLE LOSSES ;   WHEREAS INJURIES CAUSED BY OTHER FACTORS WHICH COULD ADVERSELY AFFECT THE COMMUNITY INDUSTRY , SUCH AS THE VOLUME OF OTHER IMPORTS , WHICH HAS BEEN STEADILY CONTRACTING , OR THE PRICES OF SUCH IMPORTS , OR THE STAGNATION OF DEMAND , HAVE BEEN EXAMINED , AND ANY ADVERSE EFFECTS CAUSED BY THESE FACTORS HAVE NOT BEEN ATTRIBUTED TO THE IMPORTS UNDER CONSIDERATION ;   WHEREAS BY MINISTERIAL NOTICE NO 960 OF 7 DECEMBER 1979 , HOWEVER , THE BRAZILIAN AUTHORITIES ABOLISHED THE EXCESSIVE REMISSION OF INTERNAL TAXES , KNOWN AS ' IPI CREDIT ' , AND THE ADVANTAGES HITHERTO ACCORDED IN RESPECT OF WORKING CAPITAL ;   WHEREAS IT IS THEREFORE CLEAR FROM THE PRELIMINARY EXAMINATION THAT SINCE THAT DATE THE ONLY ADVANTAGE ACCORDED TO BRAZILIAN PRODUCERS AND EXPORTERS CONSISTS IN THE AVAILABILITY OF PREFERENTIAL CREDIT TERMS FOR EXPORTS UNDER GOVERNMENT RESOLUTIONS NOS 331 , 398 , 515 AND 583 ;   WHEREAS THE SUBSIDY RESULTING FROM THE USE OF THESE ADVANTAGES BY ACOS FINOS PIRATINI SA AND ACOS VILLARES SA AMOUNTS TO LESS THAN 1 % OF THE FOB EXPORT PRICE AND IS , THEREFORE , NEGLIGIBLE AS A FACTOR IN THE INJURY CAUSED TO COMMUNITY PRODUCERS ;   WHEREAS FOR THIS REASON THERE IS NO NEED AT PRESENT TO IMPOSE A COUNTERVAILING DUTY IN RESPECT OF EXPORTS OF THE PRODUCT IN QUESTION AND THE PROCEEDINGS MAY , THEREFORE , BE TERMINATED ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   THE ANTI-SUBSIDY PROCEEDINGS CONCERNING IMPORTS OF CERTAIN STAINLESS STEEL BARS ORIGINATING IN BRAZIL ARE HEREBY TERMINATED .   DONE AT BRUSSELS , 2 JUNE 1980 .   FOR THE COMMISSION   WILHELM HAFERKAMP   VICE-PRESIDENT


title: 2006/107/EC,Euratom: Council Decision of  14 February 2006  appointing a member of the European Economic and Social Committee

text:
               17.2.2006

               EN

               Official Journal of the European Union

               L 47/57

      COUNCIL DECISION

   of 14 February 2006
   appointing a member of the European Economic and Social Committee
   (2006/107/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,
   Having regard to Council Decision 2002/758/EC, Euratom of 17 September 2002 appointing the members of the Economic and Social Committee for the period from 21 September 2002 to 20 September 2006 (1),
   Whereas a member’s seat on the above Committee has fallen vacant following the resignation of Mr Ib WISTISEN, of which the Council was informed on 15 November 2005,
   Having regard to the nomination submitted by the Danish government,
   Having obtained the opinion of the European Commission,
   HAS DECIDED AS FOLLOWS:
   Article 1
   Ms Marie-Louise KNUPPERT is hereby appointed a member of the European Economic and Social Committee in place of Mr Ib WISTISEN for the remainder of his term of office, namely until 20 September 2006.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.
   It shall take effect on the date of its adoption.

      Done at Brussels, 14 February 2006.

            For the Council

            The President

         K.-H. GRASSER

      (1)  OJ L 253, 21.9.2002, p. 9.


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42000D1215(02)

2000/771/EC: Decision of the representatives of the Governments of the Member States, meeting within the Council, of 18 September 2000 on the provisional application of the Internal Agreement between the Representatives of the Governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement

Official Journal L 317 , 15/12/2000 P. 0375 - 0375

Decision of the representatives of the Governments of the Member States, meeting within the Council,of 18 September 2000on the provisional application of the Internal Agreement between the Representatives of the Governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement(2000/771/EC)THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITY, MEETING WITHIN THE COUNCIL,having regard to the Treaty establishing the European Community,having regard to the ACP-EC Partnership Agreement signed in Cotonou (Benin) on 23 June 2000, hereinafter referred to as "the ACP-EC Agreement",having regard to the draft from the Commission,whereas:(1) In accordance with Article 366(3) of the Fourth ACP-EC Convention, the ACP-EC Council of Ministers will adopt a Decision on the transitional measures applicable between 2 August 2000 and the entry into force of the ACP-EC Agreement.(2) The adoption of these transitional measures will entail the early implementation of almost all the provisions of the ACP-EC Agreement, except the provisions on the implementation of the 9th EDF.(3) The Member States, meeting within the Council, have adopted an Internal Agreement on the measures to be taken and the procedures to be followed for the implementation of the ACP-EC Agreement. This Internal Agreement cannot enter into force until it is adopted by each Member State in accordance with its own constitutional requirements.(4) In accordance with Article 6 of the transitional measures applicable between 2 August 2000 and the entry into force of the ACP-EC Agreement, the Member States and the Community will be required to take the necessary measures for their application, each acting on their own behalf.(5) Therefore, in order to establish the procedures to be followed by the Member States during the period of early implementation of the ACP-EC Agreement, provision should be made for the provisional application of the Internal Agreement,HAVE DECIDED AS FOLLOWS:Article 1The provisions of the Internal Agreement between the Representatives of the Governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement shall be applied provisionally from 2 August 2000.The text of the Internal Agreement is attached to this Decision.Article 2This Decision shall enter into force at the same time as the transitional measures for the early implementation of the ACP-EC Agreement.It shall remain in force until the entry into force of the Internal Agreement concerning measures to be taken and procedures to be followed for the implementation of the ACP-EC Agreement.Article 3This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 18 September 2000.On behalf of the Governments of the Member StatesThe PresidentH. Védrine


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32004D0072

2004/72/EC: Commission Decision of 5 December 2003 concerning the financial contribution by the Community towards the OIE Global Conference on animal welfare in 2004

Official Journal L 016 , 23/01/2004 P. 0056 - 0056

Commission Decisionof 5 December 2003concerning the financial contribution by the Community towards the OIE Global Conference on animal welfare in 2004(2004/72/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field(1), as last amended by Regulation (EC) No 806/2003(2), and in particular Article 20 thereof,Whereas:(1) Pursuant to Decision 90/424/EEC the Community is to undertake or assist the Member States in undertaking the technical and scientific measures necessary for the development of Community veterinary legislation and for the development of veterinary education or training.(2) The International Committee of the International Office of Epizootic Diseases (OIE) adopted Resolution No XIV on 29 May 2002, including animal welfare in its work-plan for the next five years.(3) The International Committee of the OIE adopted Resolution No XXVI on 20 May 2003, recommending that a global conference on animal welfare (the OIE Global Conference) be organised in 2004 and that OIE Member States support the organisation of that conference.(4) The Communication from the Commission to the Council and the European Parliament on animal welfare legislation on farmed animals in third countries and the implications for the EU(3) (the Communication from the Commission) suggested that the Commission with all Member States should continue fully to support and follow up on the OIE initiative.(5) The Council (Agriculture) in December 2002 adopted specific conclusions on animal welfare concerning mutual assistance in connection with control and international aspects(4). In those conclusions the Council welcomed the Communication from the Commission. It also recognised that the OIE is the relevant body for developing international standards and guidelines on animal welfare and that the Community wishes actively to promote the development of global animal welfare standards and guidelines.(6) The elaboration and dissemination by the Community of technical and scientific material related to the OIE Global Conference is to form part of the further development of Community veterinary legislation and veterinary education or training.(7) The financial resources necessary for the Community contribution to the OIE Global Conference in 2004 should therefore be engaged.(8) This financial contribution from the Community should be granted subject to the conference planned having been efficiently carried out.(9) 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 DECIDED AS FOLLOWS:Sole ArticleThe action to publish and disseminate the technical and scientific materials related to the OIE Conference on animal welfare in 2004, to be financed from budget line B 1 - 3 3 1 of the budget of the European Union for 2003 to a maximum amount of EUR 40000 is hereby approved.Done at Brussels, 5 December 2003.For the CommissionDavid ByrneMember of the Commission(1) OJ L 224, 18.8.1990, p. 19.(2) OJ L 122, 16.5.2003, p. 1.(3) COM(2002) 626 final.(4) Council of the European Union. Document 15419/02.


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31988D0484

88/484/EEC: Commission Decision of 26 July 1988 amending Commission Decision 88/189/EEC of 16 March 1988 concerning the establishment of overall quantities of food aid for 1988 and establishing a list of products to be supplied as food aid

Official Journal L 239 , 30/08/1988 P. 0034 - 0035

*****COMMISSION  DECISION  of 26 July 1988  amending Commission Decision 88/189/EEC of 16 March 1988 concerning the establishment of overall quantities of food aid for 1988 and establishing a list of products to be supplied as food aid  (88/484/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 3972/86 of 22 December 1986 on food aid policy and food aid management (1) as last amended by Regulation (EEC) No 1870/88 (2), and in particular Article 5 thereof,  Whereas on 16 March 1988, although the budget had not been adopted, the Commission took an initial Decision establishing the overall quantities of food aid for 1988 in order to be able to begin implementation of its food-aid programme;  Whereas following the adoption of the Community's budget for 1988 that Decision should be amended, account being taken of price movements and of the food situation in developing countries;  Whereas the measures provided for in this Decision are in accordance with the opinion of the Food Aid Committee,  HAS DECIDED AS FOLLOWS:  Sole Article  Annex I to Commission Decision 88/189/EEC (3) of 16 March 1988 is replaced by the Annex to this Decision.  Done at Brussels, 26 July 1988.  For the Commission  Lorenzo NATALI  Vice-President  (1) OJ No L 370, 30. 12. 1986, p. 1.  (2) OJ No L 168, 1. 7. 1988, p. 7.  (3) OJ No L 85, 30. 3. 1988, p. 32.  ANNEX  'ANNEX I  Quantities of food aid to be made available in 1988:  - cereals:  (a) an initial instalment of 927 700 tonnes,  (b) a second instalment of up to 232 300 tonnes,  - milk powder:  a maximum of 110 000 tonnes,  - butteroil:  a maximum of 25 000 tonnes,  - sugar:  a maximum of 11 000 tonnes,  - vegetable oil (seed oil and olive oil):  a maximum of 34 000 tonnes,  - other products:  quantities corresponding to not more than 291 262 tonnes of cereal equivalent,  - food aid made up of the products listed above and intended to cover exceptional food shortages, corresponding to a maximum of 200 000 tonnes of cereal equivalent.'


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31989D0498

89/498/EEC: Decision of the European Parliament of 13 April 1989 granting discharge to the Commission in respect of the financial management of the sixth European Development Fund during the 1987 financial year

Official Journal L 247 , 23/08/1989 P. 0011 - 0014

DECISION OF THE EUROPEAN PARLIAMENT of 13 April 1989 granting discharge to the Commission in respect of the financial management of the sixth European Development Fund during the 1987 financial year (89/498/EEC)THE EUROPEAN PARLIAMENT,  - having regard to the Treaty establishing the European Economic Community,  - having regard to the third ACP-EEC Lomé Convention (1),  - having regard to the balance sheets and accounts of the third, fourth, fifth and sixth European Development Funds for the 1987 financial year (COM(88) 219 final),  - having regard to the report of the Court of Auditors concerning the 1987 financial year accompanied by the institutions' replies (2),  - having regard to the Council recommendation relating to the granting of this discharge,  - having regard to the Treaty of 22 July 1975 which authorizes the European Parliament to grant discharge in respect of the Community's financial activities,  - having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development and Cooperation (Doc. A 2-19/89),  1.  Grants discharge to the Commission in respect of the financial management of the fifth European Development Fund during the 1987 financial year on the basis of the following amounts:  - revenue: ECU 11 668 742,49,  - payments: ECU 352 536 660,22;  2.  Records its observations in the resolution accompanying this Decision;  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 arrange for their publication in the Official Journal of  the European Communities (L series).  Done at Strasbourg, 13 April 1989.     The Secretary-General Enrico VINCI The President Lord PLUMB   (1) OJ No L 86, 31. 3. 1986, p. 1. (2) OJ No C 316, 12. 12. 1988, p. 1. (3) See page 12 of this Official Journal.  RESOLUTION containing the observations accompanying the Decisions granting discharge in respect of the financial management of the third, fourth, fifth and sixth European Development Funds during the 1987 financial year  THE EUROPEAN  PARLIAMENT,  - having regard to the Treaty establishing the European Economic Community and in particular Articles 137 and 206b thereof,  - having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development and Cooperation (Doc. A 2-19/89),  A.  whereas, pursuant to Articles 67, 70 and 73 respectively of the Financial Regulations applicable to the fourth, fifth and sixth European Development Funds, the Commission is required to take all appropriate steps to act on the observations appearing  in the discharge decisions;  B.  whereas, pursuant to the abovementioned Articles, the Commission is also required to report, at the request of the European Parliament, on the measures taken in the light of Parliament's observations and, in particular, on the instructions given to  those of its departments responsible for the management of the European Development Funds;  C.  deciding to present the observations referred to in the abovementioned Articles 67, 70 and 73 in this resolution, which accompanies each discharge decision relating to the financial management of the European Development Funds for the 1987 financial year;  D.  adopting this resolution on the basis also of the powers which are essential if it is to fulfil its control duties, with a view to remedying the shortcomings established during the discharge procedure and to improving the management of the European  Development Funds,  Rate of utilization of the EDFs 1.  Notes that the third EDF was wound up in 1987 and that the last remaining balances - some ECU 9,5 - were transferred to the fifth EDF;  2.  Notes that, as at 31 December 1987, 90,8 % of programmable aid under the fifth EDF had been committed (compared with 84,7 % in 1986), while the payments rate stood at 56,2 % (compared with 46,1 % in 1986);  3.  Notes once again the slow rate of implementation of the fifth EDF, this being illustrated inter alia by the fact that, seven years after the Fund's entry into force, an indicative-programme commitment rate of as low as 7 % was recorded for one  recipient country (Belize), and reiterates that failure to comply with the principle of proper timetabling as regards allocation of sums to be committed calls into question the Community's ability to programme aid and observe the relevant schedules;  Financial management and accounting shortcomings 4.  Repeats its call for the Commission to set out precisely what special conditions apply to works contracts, particularly as regards the currency of payment and price variation, so as to rule out irregularities of the type found by the Court of  Auditors;  5.  Expresses its concern at the failure, brought to light by the Court, to conduct sufficiently rigorous checks on certain financial transactions, such as the payment of an advance greater than the commitment entered into on the basis of the estimate  and the disbursement of part-payments exceeding those contractually due;  6.  Draws the Commission's attention to the importance of fully complying with the principles of legality, regularity and sound financial management in all EDF operations; stresses in this connection the need to submit full supporting documentation in  respect of all payments and calls upon the Commission to act in accordance with the Court's suggestions;  7.  Calls upon the Commission to revamp certain aspects of its accounting procedures in order to ensure that transactions are more transparent and are carried out more thoroughly and more promptly;  8.  Calls upon the Commission to make changes as regards the allocation of responsibilities within the accounting officer's department, with a view to more effective monitoring of EDF implementation;  9.  Calls upon the Commission to rationalize the management of the EDF treasury accounts by:  (a)  reducing the number of bank accounts maintained to a bare minimum;  (b)  opening a separate bank account for crediting the annual Stabex resources in accordance with Article 55 of the Financial Regulation applicable to the sixth EDF;  10.  Takes the view that the Financial Regulation applicable to the next EDF should take into account the specific requirements deriving from the discharge procedure, in particular by:  (a)  improving the content and presentation of the documentation submitted to the discharge authority;  (b)  placing at Parliament's disposal the documentation on which the Commission has based all decisions with financial implications;  (c)  keeping Parliament abreast of the outcome of the various budgetary-management measures taken;  Stabilization of export earnings 11.  Points out the need to ensure that detailed supporting documentation is provided in respect of payments financed by Stabex transfers; points out that the reports submitted to the Commission by the recipient countries are too sketchy to enable  checks to be carried out on how transfers are used; notes that under the third Lomé Convention more effective rules were introduced as regards such checks; calls upon the Commission to insist that the recipient countries meticulously abide by the  procedures laid down in the Conventions;  12.  Takes the view that the monetary instability of certain countries should not diminish their entitlement to Stabex transfers equivalent to loss of export earnings; calls upon the Commission to introduce assessment methods ensuring, as far as  possible, that transfer entitlement is not affected by exclusively monetary developments;  Regional cooperation 13.  Reaffirms its backing for regional cooperation between the ACP States and underlines the fact that this can buttress efforts to secure economic integration between these countries, provided that such cooperation proceeds on a sound basis;  recommends, with a view to enhancing the effectiveness of this approach, action to ensure that:  (a)  projects are not diffuse and do not proliferate, enabling measures to be targeted on priority areas of concern to all the states in a given region;  (b) regional organizations are selected more rigorously;  (c) projects are geared to the level of financial resources, technological know-how and management skills available in the states in question;  (d) evaluation is an integral component of every stage in the planning process relating to regional-cooperation measures;  (e) greater importance is attached to profitability, and in particular to market outlets, at the project selection stage;  Microprojects 14.  Takes the view that the devolving of decision-taking powers to delegations in the field is essential in order to ensure that microprojects proceed smoothly and, in particular, to verify that projects meet selection criteria, to facilitate processing and to act on local-authority initiatives more promptly, and, lastly, to carry out monitoring and management follow-up work and evaluate projects; regrets the fact  that, according to the Court, delegates have submitted six-monthly implementation reviews on less than half of the programmes financed under the fifth EDF; calls upon the Commission to attach particular importance to regular follow-up in connection with  this form of aid;  15.  Takes the view that technical assistance is essential if very complex microproject programmes are to succeed; calls upon the Commission to arrange for microprojects to be coordinated with other forms of aid, with a view to cutting the average cost  of technical assistance and to enhancing the combined effect of complementary aid measures;  16.  Points out that, under current arrangements, no ad hoc proposal for the allocation of appropriations is required in order to commit funds for the financing of technical assistance, which rules out checks on the amounts allocated for this purpose  under microproject programmes; calls upon the Commission to take the necessary steps to introduce arrangements for entering expenditure on technical assistance separately in the accounts, with a view to verifying the cost thereof in absolute terms and  as a proportion of microproject estimates;  17.  Draws attention to the ease with which national authorities in recipient countries - Kenya in particular - obtain advances prior to project selection; notes that, according to the Court, a considerable percentage of projects for which anticipatory  funding had been provided under the fifth EDF's second annual programme were abandoned after preparatory viability studies; calls upon the Commission to remedy this shortcoming and to arrange for an in-depth evaluation to be carried out, during the  appraisal and finalization procedures, before granting the advances agreed;  18.  Points out the fact that prior assessment of all economic, financial, social and institutional constraints is a sine qua non for an assessment of the prospects of a microproject; calls on the Commission in this connection to ensure that delegates  pay particular attention to project viability and focus on the following factors:  (a)  the ability of recipient states to honour their financial commitments;  (b) the level of recurrent costs to be borne by users;  (c) use of simple techniques and appropriate technologies;  (d) ensuring that the effect of a project on local recipient communities would not be contrary to that intended (exacerbated inequalities);  19.  Notes that an assessment by a team of consultants of the various aspects of microproject programmes is nearing completion; asks the Commission to inform Parliament of the results of this assessment;  Emergency aid 20.  Points out the fact that it is essential for the Commission to continue to manage and provide emergency aid promptly and flexibly, unlike medium and long-term aid to resolve structural problems, and for emergency aid to be supplied on a  sufficiently large scale; believes that promptness and flexibility in deciding on implementing arrangements should go hand in hand with action to forecast requirements as accurately as possible, without taking a fastidious approach, since it is speed  which counts;  21.  Emboldens the Commission to continue the process of making damage assessment more effective by enabling delegations to play a more active role in examining proposals and following up the measures concerned;  22.  Emboldens the Commission to continue to insist that emergency-aid managers submit periodic implementation reports and final overviews, thus enabling an assessment to be made of the extent to which objectives have been realized;  23.  Highlights the potential risks to disaster victims as a result of delays in implementing emergency-aid measures; is disquieted to note that, on a number of occassions in the past, the six-month time limit laid down in the second Lomé Convention has  not been observed; calls upon the Commission to step up efforts to minimize the interval between taking a decision to grant emergency aid and providing it;  24.  Expresses concern at the considerable delay in closing accounts representing some 96 % of total emergency-aid expenditure allocated under the fifth EDF, points out that closure of accounts is an essential procedure, particularly in order to demonstrate that financial management of the measures carried out has been sound and to establish the amount of unexpended  appropriations for reallocation to the special appropriation; calls upon the Commission to clear this backlog as soon as possible;  Assessment of development programmes and projects 25.  Points out in the light of its budgetary control responsibilities, the need to have at its disposal, whenever it deems this necessary, the findings of independent assessments unconnected with the evaluations which the Commission may have to carry  out for management purposes;  26.  Believes, more particularly, that its Committee on Development and Cooperation and Committee on Budgetary Control must as far as possible be in a position - through concerted action on the basis of their respective terms of reference - to conduct  or commission such assessments;  27.  Takes the view that assessments carried out upon project completion or at the end of a main phase are a source of vital information for improving the way in which subsequent aid projects and programmes are fashioned; calls upon the Commission to  notify Parliament of the findings of such assessments;  28.  Requests the Commission to provide training for recipient-country personnel in assessing aid projects and programmes and in scrutinizing the effectiveness thereof;  29.  Asks the Commission to report on the action taken in response to the observations appearing in the discharge decisions.


title: 2013/456/EU: Council Decision of 22 July 2013 amending Decision 97/836/EC with a view to accession by the European Community to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions ( ‘Revised 1958 Agreement’ )

text:
               14.9.2013

               EN

               Official Journal of the European Union

               L 245/25

         COUNCIL DECISION
   of 22 July 2013
   amending Decision 97/836/EC with a view to accession by the European Community to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (‘Revised 1958 Agreement’)
   (2013/456/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(4) thereof, in conjunction with Article 218(6)(a) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               By Council Decision 97/836/EC (1), the Union has acceded to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (‘Revised 1958 Agreement’).

               (2)

               Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (2) replaced the Member States’ approval systems with a Union approval procedure, establishing a harmonised framework containing the administrative provisions and general technical requirements for all new vehicles, systems, components and separate technical units. That Directive incorporated UNECE Regulations in the EU vehicle type-approval system, either as requirements for type-approval or as alternatives to EU legislation. Since the adoption of Directive 2007/46/EC, UNECE Regulations have increasingly been incorporated into Union legislation in the framework of EU vehicle type-approval.

               (3)

               Changes to the Treaties on which the Union is founded occurred after the adoption of Decision 97/836/EC. The Treaty on the Functioning of the European Union has substantially altered the procedure to be followed for the conclusion of agreements between the Union and international organisations, making it necessary to adapt Decision 97/836/EC to the new procedures.

               (4)

               The procedure for establishing the position to be adopted on the Union’s behalf in the United Nations concerning the adoption of UNECE Regulations or amendments to UNECE Regulations should be adapted to the new procedures set out in Article 218(9) of the Treaty on the Functioning of the European Union.

               (5)

               The same procedure should also be followed when the Union decides to apply UNECE Regulations to which it had not acceded at the time of its accession to the Revised Agreement, or decides to cease to apply a UNECE Regulation that it has previously accepted.

               (6)

               It is appropriate that the procedure for adopting proposed amendments to the Revised Agreement submitted by the Union, as well as the decision whether to raise an objection to a proposed amendment, be the same as the procedure for the accession to international agreements.

               (7)

               Decision 97/836/EC should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 97/836/EC is hereby amended as follows:

               (1)

               Paragraphs 2 and 3 of Article 3 are replaced by the following:
               ‘2.   Pursuant to Article 1(6) of the Revised Agreement, the Union may, in accordance with the procedure laid down in Article 218(9) of the Treaty on the Functioning of the European Union (TFEU), decide to cease to apply a UN/ECE Regulation that it has previously accepted.
               3.   Pursuant to Article 1(7) of the Revised Agreement, the Union may, in accordance with the procedure laid down in Article 218(9) TFEU, decide to apply one, some or all of the UN/ECE Regulations to which it has not acceded at the time of its accession to the Revised Agreement.’.

               (2)

               Article 4 is hereby amended as follows:

                           (a)

                           Paragraph 2 is replaced by the following:
                           ‘2.   The Union shall vote in favour of adopting any draft UN/ECE Regulation or a draft amendment to a UN/ECE Regulation where the draft has been approved in accordance with the procedure set out in Article 218(9) TFEU.’;

                           (b)

                           Paragraph 4 is deleted. References to Article 4(4) in Directive 2007/46/EC and Regulation (EC) No 661/2009 of the European Parliament and of the Council (3) shall be construed as references to Article 4(2).

               (3)

               Article 5 is replaced by the following:
               ‘Article 5
               1.   The proposed amendments to the Revised Agreement submitted to the Contracting Parties on behalf of the Union shall be adopted in accordance with the procedure set out in Article 218(6)(a) TFEU.
               2.   The decision whether or not to raise an objection to a proposed amendment to the Revised Agreement put forward by another Contracting Party shall be taken in accordance with the procedure set out in Article 218(6)(a) TFEU.
               Where that procedure has not been completed a week before expiry of the deadline provided for in Article 13(2) of the Revised Agreement, the Union shall state an objection to the amendment before that deadline expires.’.

               (4)

               Annex III is hereby amended as follows:

                           (a)

                           Point 1 is amended as follows:

                                       (i)

                                       The first paragraph is replaced by the following:
                                       ‘The contribution of the Union with regard to the priorities of the work programme shall be established as appropriate in accordance with the procedure laid down in Articles 218(3) and (4) TFEU in conjunction with Article 207(2) TFEU.’;

                                       (ii)

                                       In the third paragraph, the first sentence is replaced by the following:
                                       ‘Following this preparatory phase, the Commission shall represent the Union in the Administrative Committee as set up by Article 1 of the Revised Agreement as spokesman for the Union, in conformity with Article 207 TFEU.’.

                           (b)

                           In point 2, the second sentence of the second paragraph is replaced by the following:
                           ‘For this purpose the Commission shall submit its proposal as soon as all of the essential components of the draft UN/ECE Regulation have been supplied.’.

         Article 2
   This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 22 July 2013.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 346, 17.12.1997, p. 78.

      (2)  OJ L 263, 9.10.2007, p. 1.

      (3)  OJ L 200, 31.7.2009, p. 1.


Avis juridique important

|

31979D0281

79/281/EEC: Council Decision of 5 March 1979 concerning the conclusion of a Financial Protocol between the European Economic Community and Turkey

Official Journal L 067 , 17/03/1979 P. 0014 Greek special edition: Chapter 11 Volume 13 P. 0222  Spanish special edition: Chapter 11 Volume 11 P. 0236  Portuguese special edition Chapter 11 Volume 11 P. 0236

****( 1 ) OJ NO C 266 , 7 . 11 . 1977 , P . 49 .  ( 2 ) THE DATE OF ENTRY INTO FORCE OF THE PROTOCOL WILL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES BY THE GENERAL SECRETARIAT OF THE COUNCIL .        COUNCIL DECISION   OF 5 MARCH 1979   CONCERNING THE CONCLUSION OF A FINANCIAL PROTOCOL BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND TURKEY  ( 79/281/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 238 THEREOF ,   HAVING REGARD TO THE RECOMMENDATION FROM THE COMMISSION ,   HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT  ( 1 ),   WHEREAS THE FINANCIAL PROTOCOL BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND TURKEY , SIGNED AT BRUSSELS ON 12 MAY 1977 , SHOULD BE APPROVED ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   THE FINANCIAL PROTOCOL BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND TURKEY , IS HEREBY APPROVED ON BEHALF OF THE COMMUNITY .   THE TEXT OF THE PROTOCOL IS ANNEXED TO THIS DECISION .   ARTICLE 2   THE PRESIDENT OF THE COUNCIL SHALL GIVE THE NOTIFICATION PROVIDED FOR IN ARTICLE 16 ( 1 ) OF THE PROTOCOL ( 2 ).   DONE AT BRUSSELS , 5 MARCH 1979 .   FOR THE COUNCIL   THE PRESIDENT   J . FRANCOIS-PONCET ****    FINANCIAL PROTOCOL   BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND TURKEY   HIS MAJESTY THE KING OF THE BELGIANS ,   HER MAJESTY THE QUEEN OF DENMARK ,   THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY ,   THE PRESIDENT OF THE FRENCH REPUBLIC ,   THE PRESIDENT OF IRELAND ,   THE PRESIDENT OF THE ITALIAN REPUBLIC ,   HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG ,   HER MAJESTY THE QUEEN OF THE NETHERLANDS ,   HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND ,   AND ,   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   OF THE ONE PART ,   THE PRESIDENT OF THE REPUBLIC OF TURKEY ,   OF THE OTHER PART ,   CONSCIOUS OF THE NEED TO PROMOTE THE ACCELERATED DEVELOPMENT OF THE TURKISH ECONOMY WITH A VIEW TO FACILITATING THE PURSUIT OF THE OBJECTIVES OF THE AGREEMENT ESTABLISHING AN ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND TURKEY ,   HAVE DESIGNATED AS THEIR PLENIPOTENTIARIES :   HIS MAJESTY THE KING OF THE BELGIANS :   JOSEPH VAN DER MEULEN ,   AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY ,   PERMANENT REPRESENTATIVE TO THE EUROPEAN COMMUNITIES ;   HER MAJESTY THE QUEEN OF DENMARK :   NIELS ERSBOELL ,   AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY ,   PERMANENT REPRESENTATIVE TO THE EUROPEAN COMMUNITIES ;   THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY :   HELMUT SIGRIST ,   AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY ,   PERMANENT REPRESENTATIVE TO THE EUROPEAN COMMUNITIES ; ****   THE PRESIDENT OF THE FRENCH REPUBLIC :   LUC DE LA BARRE DE NANTEUIL ,   AMBASSADOR OF FRANCE ,   PERMANENT REPRESENTATIVE TO THE EUROPEAN COMMUNITIES ;   THE PRESIDENT OF IRELAND :   BRENDAN DILLON ,   AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY ,   PERMANENT REPRESENTATIVE TO THE EUROPEAN COMMUNITIES ;   THE PRESIDENT OF THE ITALIAN REPUBLIC :   EUGENIO PLAJA ,   AMBASSADOR OF ITALY ,   PERMANENT REPRESENTATIVE TO THE EUROPEAN COMMUNITIES ;   HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG :   JEAN DONDELINGER ,   AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY ,   PERMANENT REPRESENTATIVE TO THE EUROPEAN COMMUNITIES ;   HER MAJESTY THE QUEEN OF THE NETHERLANDS :   J . H . LUBBERS ,   AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY ,   PERMANENT REPRESENTATIVE TO THE EUROPEAN COMMUNITIES ;   HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND :   DAVID OWEN ,   SECRETARY OF STATE FOR FOREIGN AND COMMONWEALTH AFFAIRS ;   THE COUNCIL OF THE EUROPEAN COMMUNITIES :   DAVID OWEN ,   PRESIDENT IN OFFICE OF THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   SECRETARY OF STATE FOR FOREIGN AND COMMONWEALTH AFFAIRS ;   ROLAND DE KERGORLAY ,   ASSISTANT-DIRECTOR-GENERAL OF THE DIRECTORATE-GENERAL FOR EXTERNAL RELATIONS OF THE COMMISSION OF THE EUROPEAN COMMUNITIES ;   THE PRESIDENT OF THE REPUBLIC OF TURKEY :   IHSAN SABRI CAGLAYANGIL ,   MINISTER FOR FOREIGN AFFAIRS ;   WHO , HAVING EXCHANGED THEIR FULL POWERS , FOUND IN GOOD AND DUE FORM ,   HAVE AGREED AS FOLLOWS :   ARTICLE 1   WITHIN THE FRAMEWORK OF THE ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND TURKEY , THE COMMUNITY SHALL PARTICIPATE ON THE TERMS SET OUT IN THIS PROTOCOL IN MEASURES DESIGNED TO PROMOTE , BY EFFORTS ADDITIONAL TO THOSE MADE BY TURKEY ITSELF , THE DEVELOPMENT OF TURKEY .   ARTICLE 2     1 .  FOR THE PURPOSES SPECIFIED IN ARTICLE 1 , AND FOR A PERIOD EXPIRING ON 31 OCTOBER 1981 , AN AGGREGATE AMOUNT OF 310 MILLION EUROPEAN UNITS OF ACCOUNT ( EUA ) MAY BE COMMITTED AS FOLLOWS :  ( A ) 90 MILLION EUA IN THE FORM OF LOANS FROM THE EUROPEAN INVESTMENT BANK , HEREINAFTER CALLED THE ' BANK ' , GRANTED FROM ITS OWN RESOURCES ;  ( B ) 220 MILLION EUA IN THE FORM OF LOANS ON SPECIAL TERMS GRANTED BY THE BANK ACTING ON INSTRUCTIONS FROM THE COMMUNITY .   2 .  CAPITAL PROJECTS SHALL BE ELIGIBLE FOR FINANCING WHICH HAVE BEEN SUBMITTED TO THE BANK BY THE TURKISH STATE OR , WITH THE LATTER ' S AGREEMENT , BY AN AUTHORITY OR BY PUBLIC OR PRIVATE UNDERTAKINGS HAVING THEIR SEAT OR A PLACE OF BUSINESS IN TURKEY WHICH :  ( A ) HELP TO INCREASE THE PRODUCTIVITY OF THE TURKISH ECONOMY AND , IN PARTICULAR , AIM TO PROVIDE TURKEY WITH A BETTER ECONOMIC INFRASTRUCTURE , HIGHER AGRICULTURAL OUTPUT , AND MODERN , EFFICIENTLY-RUN UNDERTAKINGS IN THE INDUSTRIAL AND SERVICE SECTORS WHETHER THEY ARE PUBLICLY OR PRIVATELY MANAGED ;  ( B ) FURTHER THE REALIZATION OF THE OBJECTIVES OF THE ASSOCIATION AGREEMENT ;  ( C ) ARE PART OF THE TURKISH DEVELOPMENT PLAN IN FORCE .   3 .  WITH RESPECT TO THE CHOICE OF CAPITAL PROJECTS WITHIN THE FRAMEWORK OF THE ABOVE PROVISIONS :  ( A ) ONLY INDIVIDUAL PROJECTS MAY BE FINANCED ;  ( B ) AS A GENERAL RULE , CAPITAL PROJECTS WHICH ARE TO BE CARRIED OUT ON TURKISH TERRITORY MAY , IN PRINCIPLE , BE FINANCED IN ALL THE SECTORS OF THE ECONOMY ;  ( C ) SPECIAL CONSIDERATION SHALL BE GIVEN TO PROJECTS WHICH COULD SERVE TO IMPROVE TURKEY ' S BALANCE OF PAYMENTS .   4 .  EXAMINATION OF THE ELIGIBILITY OF PROJECTS AND THE GRANTING OF LOANS SHALL BE UNDERTAKEN IN ACCORDANCE WITH THE DETAILED RULES , CONDITIONS AND PROCEDURES LAID DOWN BY THE BANK ' S STATUTE .   ARTICLE 3   1 .  THE AMOUNTS TO BE COMMITTED EACH YEAR SHALL BE DISTRIBUTED AS EVENLY AS POSSIBLE THROUGHOUT THE PERIOD OF APPLICATION OF THIS PROTOCOL . DURING THE INITIAL PERIOD OF APPLICATION , HOWEVER , A PROPORTIONATELY HIGHER AMOUNT MAY , WITHIN REASONABLE LIMITS , BE COMMITTED .   2 .  ANY FUNDS NOT COMMITTED MAY , BY THE END OF THE PERIOD REFERRED TO IN ARTICLE 2 ( 1 ), BE USED , UNTIL EXHAUSTED . IN THAT CASE , THE FUNDS SHALL BE USED IN ACCORDANCE WITH THE SAME ARRANGEMENTS AS PROVIDED FOR IN THIS PROTOCOL .   ARTICLE 4   1 .  THE LOANS MAY BE GRANTED THROUGH THE INTERMEDIARY OF THE STATE OR APPROPRIATE TURKISH BODIES , ON CONDITION THAT THEY ONLEND THE AMOUNTS TO THE RECIPIENTS ON TERMS DECIDED , BY AGREEMENT WITH THE BANK , ON THE BASIS OF THE ECONOMIC AND FINANCIAL CHARACTERISTICS OF THE PROJECTS FOR WHICH THEY ARE INTENDED .   2 .  LOANS GRANTED BY THE BANK FROM ITS OWN RESOURCES SHALL BE SUBJECT TO TERMS AS TO DURATION ESTABLISHED ON THE BASIS OF THE ECONOMIC AND FINANCIAL CHARACTERISTICS OF THE PROJECTS . THE INTEREST RATE SHALL BE THAT APPLIED BY THE BANK AT THE TIME OF SIGNATURE OF EACH LOAN CONTRACT .   3 .  LOANS ON SPECIAL TERMS SHALL BE GRANTED TO THE TURKISH STATE FOR 40 YEARS WITH POSTPONEMENT OF AMORTIZATION OF 10 YEARS AND AT AN INTEREST RATE OF 2.5 % PER ANNUM .   THE TURKISH STATE SHALL ENSURE THAT REPAYMENTS BY BENEFICIARIES WHICH ARE NOT IMMEDIATELY NEEDED BY THE STATE FOR THE AMORTIZATION OF LOANS FROM THE BANK ARE USED TO FINANCE CAPITAL PROJECTS WITHIN THE MEANING OF ARTICLE 2  ( 2 ). IT SHALL NOTIFY THE BANK EACH YEAR OF THE USE OF THESE AMOUNTS . THIS PROVISION SHALL ALSO APPLY TO PROJECTS CARRIED OUT UNDER THE EARLIER FINANCIAL PROTOCOLS .   4 .  LOANS ACCORDED BY THE BANK FROM ITS OWN RESOURCES SHALL BE USED PRIMARILY TO FINANCE PROJECTS SHOWING A NORMAL RETURN ; LOANS ON SPECIAL TERMS SHALL BE USED PRIMARILY TO FINANCE INDIRECT OR LONG-TERM RETURN PROJECTS .   ARTICLE 5   THE LOANS MAY BE USED TO COVER EXPENDITURE ON IMPORTS OR THE DOMESTIC EXPENDITURE REQUIRED FOR CARRYING OUT APPROVED CAPITAL PROJECTS , INCLUDING EXPENDITURE ON PLANNING , ON THE SERVICES OF CONSULTING ENGINEERS AND ON TECHNICAL ASSISTANCE .   ARTICLE 6   AID FROM THE BANK FOR THE EXECUTION OF PROJECTS MAY , WITH THE AGREEMENT OF TURKEY , TAKE THE FORM OF CO-FINANCING .   ARTICLE 7   UNDERTAKINGS WHOSE RISK CAPITAL COMES WHOLLY OR PARTLY FROM COUNTRIES OF THE COMMUNITY SHALL HAVE ACCESS TO THE FINANCE PROVIDED FOR IN THIS PROTOCOL ON THE SAME CONDITIONS AS UNDERTAKINGS WITH NATIONAL CAPITAL .   ARTICLE 8   THE EXECUTION , MANAGEMENT AND MAINTENANCE OF SCHEMES WHICH ARE THE SUBJECT OF FINANCING UNDER THIS PROTOCOL SHALL BE THE RESPONSIBILITY OF TURKEY OR OF THE OTHER BENEFICIARIES REFERRED TO IN ARTICLE 2 ( 2 ).   THE BANK SHALL ENSURE THAT ITS FINANCIAL AID IS EXPENDED IN ACCORDANCE WITH THE AGREED ALLOCATIONS AND TO THE BEST ECONOMIC ADVANTAGE .   ARTICLE 9   1 .  ALL NATURAL AND LEGAL PERSONS OF THE REPUBLIC OF TURKEY OR OF MEMBER STATES OF THE COMMUNITY MAY PARTICIPATE ON EQUAL TERMS IN TENDERING PROCEDURES AND OTHER PROCEDURES FOR THE AWARD OF CONTRACTS FINANCED BY LOANS .   2 .  TURKEY SHALL APPLY TO CONTRACTS AWARDED FOR THE EXECUTION OF PROJECTS FINANCED UNDER THIS PROTOCOL FISCAL AND CUSTOMS ARRANGEMENTS AT LEAST AS FAVOURABLE AS THAT APPLIED IN RESPECT OF OTHER INTERNATIONAL ORGANIZATIONS .   ARTICLE 10   TURKEY SHALL TAKE ALL NECESSARY MEASURES TO ENSURE THAT INTEREST AND ALL OTHER PAYMENTS DUE TO THE BANK IN RESPECT OF LOANS GRANTED UNDER THIS PROTOCOL ARE EXEMPTED FROM ANY NATIONAL OR LOCAL TAX OR LEVY .   ARTICLE 11   WHERE A LOAN IS ACCORDED TO A BENEFICIARY OTHER THAN THE TURKISH STATE , THE PROVISION OF A GUARANTEE BY THE LATTER MAY BE REQUIRED BY THE BANK AS A CONDITION OF THE GRANT OF THE LOAN .   ARTICLE 12   THROUGHOUT THE DURATION OF THE LOANS GRANTED PURSUANT TO THIS PROTOCOL , TURKEY SHALL UNDERTAKE TO MAKE AVAILABLE TO DEBTORS ENJOYING SUCH LOANS AND TO THE GUARANTORS OF THE LOANS THE FOREIGN CURRENCY NECESSARY FOR THE PAYMENT OF INTEREST , COMMISSION AND OTHER CHARGES AND FOR THE REPAYMENT OF CAPITAL .   ARTICLE 13   THE RESULTS OF FINANCIAL COOPERATION MAY BE EXAMINED WITHIN THE ASSOCIATION COUNCIL SET UP BY ARTICLE 6 OF THE AGREEMENT ESTABLISHING AN ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND TURKEY .   ARTICLE 14   THE CONTRACTING PARTIES WILL , ONE YEAR BEFORE THE EXPIRY OF THIS PROTOCOL , CONSIDER WHICH OF ITS PROVISIONS RELATING TO FINANCIAL ASSISTANCE MIGHT BE ADOPTED FOR A FURTHER PERIOD .   ARTICLE 15   THIS PROTOCOL SHALL BE ANNEXED TO THE AGREEMENT ESTABLISHING AN ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND TURKEY .   ARTICLE 16   1 .  THIS PROTOCOL SHALL BE SUBJECT TO RATIFICATION , ACCEPTANCE OR APPROVAL IN ACCORDANCE WITH THE CONTRACTING PARTIES '  OWN PROCEDURES ; THE CONTRACTING PARTIES SHALL NOTIFY EACH OTHER THAT THE PROCEDURES NECESSARY TO THIS END HAVE BEEN COMPLETED .   2 .  THIS PROTOCOL SHALL ENTER INTO FORCE ON THE FIRST DAY OF THE SECOND MONTH FOLLOWING THE DATE ON WHICH THE NOTIFICATIONS PROVIDED FOR IN PARAGRAPH 1 HAVE BEEN GIVEN .   ARTICLE 17   THIS PROTOCOL IS DRAWN UP IN TWO COPIES IN THE DANISH , DUTCH , ENGLISH , FRENCH , GERMAN , ITALIAN AND TURKISH LANGUAGES , EACH OF THESE TEXTS BEING EQUALLY AUTHENTIC . ****    ANNEX   DECLARATION OF THE EUROPEAN ECONOMIC COMMUNITY ON ARTICLE 2 OF THE FINANCIAL PROTOCOL   1 . THE EUROPEAN UNIT OF ACCOUNT USED TO EXPRESS THE AMOUNTS SPECIFIED IN ARTICLE 2 OF THE FINANCIAL PROTOCOL IS DEFINED AS THE SUM OF THE FOLLOWING AMOUNTS IN THE CURRENCIES OF THE MEMBER STATES OF THE COMMUNITY :   GERMAN MARK0.828  POUND STERLING0.0885  FRENCH FRANC1.15 ITALIAN LIRA109     DUTCH GUILDER0.286  BELGIAN FRANC3.66 LUXEMBOURG FRANC0.14   DANISH KRONE0.217  IRISH POUND0.00759 2 . THE VALUE OF THE EUROPEAN UNIT OF ACCOUNT IN ANY GIVEN CURRENCY IS EQUAL TO THE SUM OF THE EQUIVALENT IN THAT CURRENCY OF THE AMOUNTS OF CURRENCY REFERRED TO IN PARAGRAPH 1 . IT IS CALCULATED BY THE COMMISSION USING DAILY MARKET EXCHANGE RATES .   THE DAILY RATES OF EXCHANGE IN THE VARIOUS NATIONAL CURRENCIES ARE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .