title: Council Decision of 20 December 1972 on the conclusion of an Agreement between the European Economic Community and the Government of Japan on trade in cotton textiles

text:
                                     Official Journal of the European Communities                                    317
12.6.72                              Official Journal of the European Communities                            NoL 134/31
                                                 COUNCIL DECISION
                                                  of 20 December 1971
               on the conclusion of an Agreement between the European Economic Community and the
                                     Government ofJapan on trade in cotton textiles
                                                      (72/212/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        relating thereto, is concluded on behalf of the European
                                                                Economic Community.
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113
thereof;                                                        The texts of the Agreement and of the Exchanges of
                                                                Letters are annexed to this Decision.
Having regard to the Recommendation of the Commis
sion;
Whereas by a Decision of 6 February 1970 the Council                                     Article 2
authorised the Commission to conduct bilateral negotia
tions with certain third countries on behalf of the Euro       The President of the Council is hereby authorized to de
                                                                signate the person empowered to sign the texts referred
pean Economic Community in connection with the re
                                                                to in Article 1 and to confer on him the powers required
newal of the Long-Term Arrangement regarding trade in
cotton textiles ;
                                                                in order to bind the Community.
Whereas a draft Agreement between the European Econ
omic Community and the Government of Japan has
been drawn up which is acceptable to the Community,
                                                                Done at Brussels, 20 December 1971 .
HAS DECIDED AS FOLLOWS :
                        Article 1                                                                   For the Council
An Agreement with the Government of Japan on trade in                                                 The President
cotton textiles, together with the Exchanges of Letters                                                M. PEDINI
 ---pagebreak---   318                                      Official Journal of the European Communities
                                                               Agreement
                between the European Economic Community and the Government of Japan on trade in cotton textiles
                THE COUNCIL OF THE EUROPEAN COMMUNITIES, of the one part, and
                THE GOVERNMENT OF JAPAN, of the other part,
                 DESIRING to ensure the development of the trade in cotton textiles between Japan and the European
                 Economic Community (hereinafter called the ' Community') in an orderly manner in accordance with
                 the provisions of the Long-Term Arrangement regarding international trade in cotton textiles
                (hereinafter called the 'Geneva Arrangement') and in particular Article 4 thereof;
                HAVE AGREED , in a spirit of mutual cooperation, as follows :
                            Article 1                                   to avoid excessive concentration of trade in certain prod
                                                                        ucts .
 This Agreement shall apply to the cotton textiles origi
  nating in and coming from Japan and listed in the Annex               If, in one of the yearly periods, the Community finds that
  to the Agreement.                                                     deliveries of certain products for which no specific ceil
                                                                        ing has been fixed have rapidly and substantially in
                           Article 2
                                                                        creased, it may request that a specific ceiling be fixed.
 For the duration of the Agreement and by virtue of the                 Where such a request is made consultations shall be init
 provisions contained therein or annexed thereto, the                   iated between the two Parties without delay in order to       %
 Community undertakes not to introduce new quantita                    agree upon the specific ceiling for the product in question .
 tive restrictions and to suspend the application of those
 at present in force and agrees not to invoke the provi
 sions of Article 3 of the Geneva Arrangement so long as                                           Article 4
 imports into the Community of cotton textiles originat
 ing in and coming from Japan do not exceed the agreed                  1 . Up to 10% of the quantity fixed for Group II may be
 quantities.                                                           transferred to Group 1 .
                                                                       An unused quantity within a specific ceiling may be
The Government of Japan undertakes to take appro                      transferred to another specific ceiling, up to 10% of the
priate measures to ensure that the agreed ceilings are                 specific ceiling to which the transfer is made.
observed and to cooperate with the Community in im
plementing the measures recognized as necessary to that                An unused quantity within a specific ceiling may be as
end.                                                                   signed within the category to other products not subject
                                                                       to specific ceilings.
                           A rticle 3
(a) Overall ceiling                                                    2. A quantity within the ceiling for one of the two
                                                                       groups of categories which has not been used during a
The agreed total annual quantity for the duration of the               yearly period may, within a limit of 10% of the ceiling in
Agreement shall be 12 745 metric tons.                                 question, be carried forward and added to the ceiling for
                                                                       the same group for the following yearly period, provided
(b) Ceilings by groups of categories                                   that the unused quantity has not been transferred or car
The total annual quantity shall be divided between the                 ried forward to another head.
two groups of categories of products as follows :
                                                                       An unused quantity within a specific ceiling may , within
Group I                                                                a limit of 10% of the ceiling in question, be carried for
                                                                       ward and added to the same specific ceiling for the fol
                                                   Metric tons
                                                                       lowing yearly period, provided that the unused quantity
Woven fabrics of cotton, unbleached or                                 has not been transferred or carried forward to another
bleached, whether or not mercerized                    5 910           head.
Group II                                                               3. Within a limit of 10% of each of the agreed ceilings,
                                                                       advance deliveries shall, if the Government of Japan so
Other woven fabrics of cotton, made-up
articles and miscellaneous
                                                                       requests in writing in good time, be authorized against
                                                                       the ceilings established for the following yearly period;
articles of cotton                                     6 835
                                                                       the Government of Japan shall, however, endeavour to
                                                                       ensure that exports of cotton textiles of all categories are
(c) Specific ceilings                                                  phased as evenly as possible over each yearly period, due
Within the ceilings by groups categories established                   account being taken, in particular, of seasonal factors.
under (b), specific ceilings may be agreed on the basis of             Amounts delivered in advance shall be deducted from
the list of products annexed to this Agreement, in order               the ceilings for the following yearly period.
 ---pagebreak---                                         Official Journal of the European Communities                                        319
                         Articles                                                           Articles
The two Parties hereby agree that the ceilings shown in            The two Parties undertake to consult each other, at the
the Agreement shall be administered under dual super              request of either and at least once a year, on all problems
vision.                                                            arising out of the implementation of the Agreement.
                          Articled
                                                                                Article 9
The two Parties hereby agree to exchange all informa
tion on exports of cotton textiles from Japan to the               This Agreement shall enter into force on the date of its
Community and on the corresponding imports into the                signature and shall apply from 1 October 1970 for three
Community. Each Party shall, for the purposes of the               years .
Agreement, apply the classification, at its disposal and
shall cooperate with the other Party in facilitating com          Either Party may denounce the Agreement by giving no
parison of the information supplied.                               tice to that effect at least 120 days before the expiry of
                                                                   any yearly period. In that event it shall expire at the end
                                                                   of that period.
                         Article 7
If the Community should inform the Government of                   The Annex to this Agreement shall form an integral part
                                                                   thereof.
Japan that the application of the Agreement has given
rise to difficulties affecting maintenance of trade rela
                                                                                Article 10
tions between importers in the Community and their
suppliers in Japan, the two Parties shall consult each             This Agreement is drawn up in two copies m the Dutch,
other to determine what measures are necessary to en              French, German, Italian and Japanese languages, each
sure that these trade relations aire maintained.                   of these texts being equally authentic.
 ---pagebreak--- 320                   Official Journal of the European Communities
                                             ANNEX
    LIST OF COTTON TEXTILE PRODUCTS REFERRED TO IN ARTICLE 1 OF THE AGREEMENT
         Group of
         categories      Categories                            Description of products
        GROUP I                         WOVEN FABRICS OF COTTON, UNBLEACHED OR
                                        BLEACHED, WHETHER OR NOT MERCERIZED
                           B            WOVEN FABRICS OF COTTON, UNBLEACHED
                           B 1          Terry towelling and similar terry fabrics
                          B 2           Woven fabrics other than gauze or terry towelling and simi
                                        lar terry fabrics, containing less than 8S % by 'weight of
                                        cotton
                          B 3           Woven fabrics other than gauze or terry towelling and simi
                                        lar terry fabrics, containing 85% or more by weight of cot
                                       ton, plain weave, weighing more than 70 g but not more
                                       than 130 g/m2, of a width of more than 1 IS cm but not more
                                       than 165 cm, made only with a yarn numbered less than
                                        55 000 m/kg (English number 32)
                          B 4          Woven fabrics other than gauze or terry towelling and simi
                                       lar terry fabrics,  containing 85% or more by weight of cot
                                       ton, plain weave, weighing not more than 130 g/m2 other
                                       than those under B 3
                          B 5          Woven fabrics other than gauze or terry towelling and simi
                                       lar terry fabrics, containing 85% or more by weight of cot
                                       ton, plain weave, of a cotton weight of more than 130 g but
                                       not more than 200 g/m2, of a width of at least 85 cm but not
                                       more than 1 15 cm
                          B 6          Woven fabrics other than gauze or terry towelling and simi
                                       lar terry fabrics, containing 85% or more by weight of cot
                                       ton, plain weave, weighing more than 130 g but not more
                                       than 200 g/m2 of a width of more than 115 cm
                          B 7          Woven fabrics other than gauze or terry towelling and simi
                                       lar tory fabrics, containing 85% or more by weight of cot
                                       ton, of a width of at least 85 cm, other than plain weave
                          B 8         Other woven fabrics
                          C            WOVEN FABRICS OF COTTON OTHER THAN UN
                                       BLEACHED
                          C I         Bleached, whether or not mercerized
       GROUP Π                        OTHER WOVEN FABRICS OF COTTON, MADE-UP
                                      ARTICLES AND MISCELLANEOUS ARTICLES OF
                                      COTTON
                          C 2         Gauze other than unbleached or bleached
                          C 3         Terry towelling and similar terry fabrics, other than un
                                      bleached or bleached
                          C4          Woven pile fabrics and chenille fabrics (other than terry
                                      towelling or similar terry fabrics of cotton falling within
                                      heading No 55.08 and fabrics falling within beading No 58.05)
                          C 5         Woven fabrics other than gauze or terry towelling and simi
                                      lar terry fabrics, dyed
                          C 6         Woven fabrics other than gauze or terry towelling and simi
                                      lar terry fabrics, printed
                         C 7          Woven fabrics other than gauze or terry towelling and simi
                                      lar terry fabrics, made with yarns of various colours
 ---pagebreak---                               Official Journal of the European Communities                                     321
       Group of                 Categories                              Description of products
       categories
                                  D              MADE-UP HOUSEHOLD ARTICLES OF COTTON
                                  D 1            Bed linen
                                  D 2            Tablé linen
                                  D 3            Terry toilet linen and terry kitchen linen
                                  D 4            Other household articles
                                  E              ARTICLES OF APPAREL OF COTTON
                                  E 1            Gloves, mittens and mitts, knitted or crocheted, not elastic
                                                 or rubberized
                                  E 2            Undergarments, knitted or crocheted, not elastic .or rubberi
                                                 zed
                                  E 3            Outer garments and other articles, knitted or crocheted,
                                                 not elastic or rubberized . Articles other than knitted or
                                                 crocheted fabrics, elastic or rubberized
                                  E 4            Men's and boy's trousers and breeches of woven fabric
                                  E 5            Men's and boys' other outer garments of woven fabric
                                  E 6            Women's, girls' and infants' outer garments of woven
                                                 fabric
                                  E 7            Men's and boys' shirts of woven fabric
                                  E 8            Men's and boys' other undergarments of woven fabric
                                  E 9            Women's, girls ' and infants ' undergarments of woven fabric
                                  E 10           Handkerchiefs
                                  E 11           Other articles of apparel and clothing accessories
     GROUP III                    F              MISCELLANEOUS FABRICS AND MADE-UP ARTIC
                                                 LES OF COTTON
                                  F 1            Travelling rugs and blankets
                                  F 2            Floorcloths , dishcloths, dusters and the like
                                  F 3            Pneumatic mattresses
                                  F 4            Other
Letter No 1 — 1 With reference to Article 1 of the ' Geneva Arrangement' ( without prejudice)
                  2 The state of liberalization and the 105% clause
Letter No 2 — Area of application
Letter No 3 — 1 Re-exportation
                  2 Transit (freedom of trade)
Letter No 4 — Correlation table
 ---pagebreak--- 322                                 Official Journal of the European Communities
                                                         Letter No 1
                                                                                Brussels,
     Your Excellency,
     At the conclusion of the negotiations between the Government of Japan and the European Economic
     Community which led to the signature, on                               of the Agreement on Trade in Cotton
     Textiles, I have the honour to confirm that the two Parties have agreed as follows :
     1 . The Community notes that this Agreement is concluded within the framework of the Geneva Ar
          rangement. Its special procedures are, therefore, intended to solve the specific problems of cotton tex
          tiles and in no way prejudice the solution of problems which may arise in other sectors.
     2. No provision of the Agreement shall be interpreted as affecting the present state of Uberalization of
          cotton textile products between Member States of the Community and Japan.
     3. It is understood that the Community will request the fixing of a specific ceiling under Article 3 (c) of
          the Agreement only where a rapid and substantial increase in deliveries of the products in question
          causes, qr threatens to cause, disturbance of the market
     Pending the conclusion of the consultations provided for in the abovementioned Article, the Govern
     ment of Japan will, from the date of the request, maintain its exports erf* the products in question at a
     level corresponding, pro rata temporis, to 105% of exports during the most recent twelve-month period
     for which statistics are available.                                                              »
     I shall be obliged if you will confirm that your Government is in agreement with the contents ofthis letter.
     Please accept, Your Excellency, the assurance of my highest consideration.
                                               On behalfofthe Council ofthe
                                                   European Communities
    To His Excellency
    Mr Isao Abe,
     Head of the Japanese Mission
    to the European Communities
                                                         Letter Nol
                                                                                Brussels,
    Sir,
    I have the honour to acknowledge receipt of your letter of today's date in the following terms:
         'At the conclusion of the negotiations between the Government of Japan and the European Economic
          Community which led to the signature, on                           of the Agreement on Trade in Cotton
         Textiles, I have the honour to confirm that the two Parties have agreed as follows:
          1 . The Community notes that this Agreement is concluded within the framwork of the Geneva Ar
              rangement. Its special procedures are, therefore, intended to solve the specific problems of cotton
              textiles and in no way prejudice the solution of problems which may arise in other sectors.
         2. No provision of the Agreement shall be interpreted as affecting the present state of Uberalisation of
              cotton textile products between Member States of the Community and Japan.
         3. It is understood that the Community will request the fixing of a specific ceiling under Article 3 (c)
              of the Agreement only where a rapid and substantial increase in deliveries of die products in ques
              tion causes, or threatens to cause, disturbance of the market.
         Pending the conclusion of the consultations provided for in the above mentioned Article, the Govern
         ment of Japan will, from the date of the request, maintain its exports of the products in question at a
         level corresponding, pro rata temporis, to 103% of exports during the most recent twelve-month
         period for which statistics are available.
        I shall be obliged if you will confirm that your Government is in agreement with the contents of this
         letter.
         Please accept, Your Excellency, the assurance of my highest consideration.'
    I have the honour to confirm that the Government of Japan is in agreement with the contents of the
    above letter.
    Please accept, Sir, the assurance of my highest consideration.
                                               Head ofthe Japanese Mission
                                               to the European Communities
    To Mr.
 ---pagebreak---                              Official Journal of the European Communities                                    323
                                                  Letter No 2
                                                                                Brussels,
Your Excellency,
At the conclusion of the negotiations between the Government of Japan and the European Economic
Community which led to the signature, on                       of the Agreement on Trade in Cotton Tex
tiles, 1 have the honour to confirm that the two Parties have agreed as follows:
Benelux
As regards the Kingdom of the Netherlands this Agreement shall apply only to the European territory
of that Kingdom.
I shall be obliged if you will confirm that your Government is in agreement with the contents ofthis letter.
Please accept, Your Excellency, the assurance of my highest consideration.
                                          On behalfofthe Council of
                                          the European Communities
To His Excellency
Mr Isao Abe,
Head of the Japanese Mission
to the European Communities
                                                 Letter No 2
                                                                                Brussels,
Sir,
I have the honour to acknowledge receipt of your letter of today's date in the following terms :
    'At the conclusion of the negotiations between the Government ofJapan and the European Economic
    Community which led to the signature, on                        of the Agreement on Trade in Cotton
    Textiles, I have the honour to confirm that the two Parties have agreed as follows:
    Benelux
  • As rqpirds the Kingdom of the Netherlands this Agreement shall apply only to the European territory
    ofthat Kingdom.
    I shall be obliged if you will confirm that your Government is in agreement with the contents of this
    letter.
    Please accept, Your Excellency, the assurance of my highest consideration.'
I have the honour to comfinn that the Government of Japan is in agreement with the contents of the
above letter.
Please accept, Sir, the assurance of my highest consideration.
                                         Head ofthe Japanese Mission
                                        to the European Communities
To Mr
 ---pagebreak--- 324                                   Official Journal of the European Communities
                                                           Letter No 3
                                                                                Brussels,.,
     Your Excellency,
     At the conclusion of the negotiations between the Government of Japan and the European Economic
     Community which led to the signature, on                             of the Agreement on Trade in.Cotton Tex
     tiles, I have the honour to comfirm that the two Parties have agreed as follows :
      1 . All exports to the Community shall be counted against the agreed ceilings. If additional supplies are
           required for re-exportation to third countries after processing, the authorities of the Member States of
           the Community may issue special import authorisations for which corresponding export licences will
           be issued without the amount being counted against the agreed ceilings.
           The Commission will inform the Government of Japan thereof each quarter.
     2. The Agreement shall in no way impede merchants in Community countries from freely engaging, as
          they have done in the past, in trade with third countries.
          This principle shall apply not only to business carried out under transit arrangements but also to
           transactions involving goods that do not enter the customs territory of the Community .
    I shall be obliged if you will confirm that your Government is in agreement with the contents of this letter.
    Please accept, Your Excellency, the assurance of my highest consideration.
                                                   On behalfofthe Council of
                                                   the European Communities
    To His Excellency
    Mr Isao Abe,
    Head of the Japanese Mission
    to the European Communities
                                                          Letter No 3
                                                                                Brussels ,
    Sir,
    I have the honour to acknowledge receipt of your letter of today's date in the following terms :
          'At the conclusion of the negotiations between the Government of Japan and the European Economic
           Community which led to the signature, on                           of the Agreement on Trade in Cotton
           Textiles, I have the honour to confirm that the two Parties have agreed as follows :
           1 . All exports to the Community shall be counted against the agreed ceilings. If additional supplies
               are required for re-exportation to third countries after processing, the authorities of the Member
               States of the Community may issue special import authorisations for which corresponding export
                licences will be issued without the amount being counted against the agreed ceilings.
               The Commission will inform the Government of Japan thereof each quarter.
          2. The Agreement shall in no way impede merchants in Community countries from freely engaging,
               as they have done in the past, in trade with third countries.
               This principle shall apply not only to business carried out under transit arrangements but also to
               transactions involving goods that do not enter the customs territory of the Community .
          I shall be obliged if you will confirm that your Government is in agreement with the contents of this
           letter.
          Please accept, Your Excellency, the assurance of my highest consideration.'
    I have the honour to confirm that the Government of Japan is in agreement with the contents of the
    above letter.
    Please accept, Sir, the assurance of my highest consideration.
                                                 Head ofthe Japanese Mission
                                                 to the European Communities
    To Mr
 ---pagebreak---                              Official Journal of the European Communities                                    325
                                                 LetterNo 4
                                                                                Brussels,
Your Excellency,
At the conclusion of the negotiations between the Government of Japan and the European Economic
Community which led to the signature, an                        of the Agreement an Trade in Cotton Tex
tiles, I have the honour to confirm that the two Parties have agreed as follows:
A correlation table betweeen the list of cotton textile products referred to in Article 1 of the Agreement
and the list of corresponding headings under NIMEXE will be prepared by expats of both Parties as
soon as possible.
I shall be obliged if you will confirm that your Government is in agreement with the contents ofthis letter.
Please accept, Your Excellency, the assurance of my highest consideration.
                                          On behalfofthe Council of
                                         the European Communities
To His Excellency
Mr Isao Abe,
Head of the Japanese Mission
to the European Communities
                                                 Letter No 4
                                                                                Brussels,
    Sir,
    I have the honour to acknowledge receipt ofyour letter oftoday's dale in the following terms:
    'At the conclusion of the negotiations between the Government ofJapan and the European Economic
    Community which led to the signature,       on                  of the Agreement on Trade in Cotton
    Textiles, I have the honour to confirm that the two Parties have agreed as follows:
    A correlation table between the list of cotton textile products referred to in Article 1 of the Agree
    ment and the list of corresponding headings under NIMEXE will be prepared by experts of both Parties
    as soon as possible.
    I shall be obliged if you will confirm that your Government is in agreement with the contents of this
    letter.
    Please accept, Your Excellency, the assurance ofmy highest consideration.'
I have the honour to confirm that the Government of Japan is in agreement with the contents of the
above letter.
Please accept, Sir, the assurance of my highest consideration.
                                         Heades theJapanese Mission
                                        to the European Communities
To Mr
Notice relating to the Agreement between the European Economic Community and the Gobi—at of
                                       Japan on trade m cotton tones
The Agreement between the European Economic Community and the Government of Japan on trade in
cotton textiles which the Council decided to conclude on 20 December 1971, was signed at Brussels on
 7 February 1972. In accordance with Article 9 thereof the Agreement entered into force on the day of
 its signature.
The Agreement was signed on behalf of the Council of the European Communities by Mr Wolfgang
Ernst, Director in the Directorate-General for External Trade of the Commission of the European
Communities.
and on behalfof the Government ofJapan by His Excellency, Mr Isao Abe, Ambassador Extraordinary
and Plenipotentiary, Head of the Japanese Mission to the European Communities.


Avis juridique important

|

31980D0253

80/253/EEC: Commission Decision of 26 February 1980 accepting undertakings offered in connection with the anti-dumping procedure concerning imports of certain angles, shapes and sections of iron or steel originating in Romania, and terminating that procedure

Official Journal L 056 , 29/02/1980 P. 0034

****( 1 ) OJ NO L 339 , 31 . 12 . 1979 , P . 1 .  ( 2 ) OJ NO C 146 , 12 . 6 . 1979 , P . 3 .        COMMISSION DECISION   OF 26 FEBRUARY 1980   ACCEPTING UNDERTAKINGS OFFERED IN CONNECTION WITH THE ANTI-DUMPING PROCEDURE CONCERNING IMPORTS OF CERTAIN ANGLES , SHAPES AND SECTIONS OF IRON OR STEEL ORIGINATING IN ROMANIA , AND TERMINATING THAT PROCEDURE  ( 80/253/EEC )   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 3017/79 OF 20 DECEMBER 1979 ON PROTECTION AGAINST DUMPED OR SUBSIDIZED IMPORTS FROM COUNTRIES NOT MEMBERS OF THE EUROPEAN ECONOMIC COMMUNITY ( 1 ), AND IN PARTICULAR ARTICLE 10 THEREOF ,   WHEREAS IN MARCH 1979 THE COMMISSION RECEIVED A COMPLAINT LODGED BY THE ' COMITE EUROPEEN D ' ETUDE DU PROFILAGE A FROID ' ON BEHALF OF THE GREAT MAJORITY OF PRODUCERS OF COLD-FORMED SECTIONS IN THE FEDERAL REPUBLIC OF GERMANY , FRANCE , BELGIUM AND THE NETHERLANDS , WHICH ACCOUNT FOR THE BULK OF EUROPEAN PRODUCTION ; WHEREAS THE COMPLAINT CONTAINED EVIDENCE OF THE EXISTENCE OF DUMPING IN RESPECT OF LIKE PRODUCTS ORIGINATING IN ROMANIA AND OF MATERIAL INJURY RESULTING THEREFROM ;   WHEREAS THE INFORMATION SUPPLIED PROVIDED SUFFICIENT EVIDENCE TO JUSTIFY INITIATING AN INVESTIGATION ; WHEREAS THE COMMISSION ACCORDINGLY , AFTER CONSULTING THE COMMITTEE SET UP BY THE ABOVEMENTIONED REGULATION , ANNOUNCED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES OF 12 JUNE 1979 THE INITIATION OF A PROCEDURE CONCERNING IMPORTS OF CERTAIN ANGLES , SHAPES AND SECTIONS OF IRON OR STEEL ORIGINATING IN ROMANIA ( 2 ), OFFICIALLY ADVISED THE EXPORTERS AND IMPORTERS KNOWN TO BE CONCERNED AND THE COMPLAINANTS , AND COMMENCED INVESTIGATING THE MATTER AT COMMUNITY LEVEL ;   WHEREAS THE COMMISSION HAS GIVEN THE PARTIES CONCERNED THE OPPORTUNITY TO MAKE KNOWN THEIR VIEWS IN WRITING AND TO APPLY TO BE HEARD ORALLY ; WHEREAS THE COMPLAINANTS , THE EXPORTER AND CERTAIN IMPORTERS HAVE AVAILED THEMSELVES OF THIS OPPORTUNITY ; WHEREAS THE COMMISSION HAS FURTHERMORE GIVEN THE PARTIES DIRECTLY CONCERNED AN OPPORTUNITY TO MEET SO THAT OPPOSING VIEWS MIGHT BE PRESENTED AND ANY REBUTTAL PUT FORWARD ; WHEREAS CERTAIN COMPLAINANTS AND THE EXPORTER HAVE TAKEN THIS OPPORTUNITY ; WHEREAS THE COMPLAINANT , THE IMPORTERS AND THE EXPORTER KNOWN TO BE CONCERNED AND THE REPRESENTATIVES OF THE EXPORTING COUNTRY HAVE HAD THE OPPORTUNITY TO INSPECT NON-CONFIDENTIAL INFORMATION MADE AVAILABLE TO THE COMMISSION WHICH IS RELEVANT TO THE DEFENCE OF THEIR INTERESTS ; WHEREAS NONE OF THESE PARTIES HAS ADDRESSED A REQUEST TO THE COMMISSION TO THAT END ;   WHEREAS IN ORDER TO ARRIVE AT A PRELIMINARY ASSESSMENT OF THE DUMPING MARGIN AND INJURY , THE COMMISSION SOUGHT AND VERIFIED ALL INFORMATION IT DEEMED TO BE NECESSARY , AND CARRIED OUT INSPECTIONS AT THE PREMISES OF THE MAJOR IMPORTERS IN THE FEDERAL REPUBLIC OF GERMANY , INCLUDING COMEX AUSSENHANDELS GMBH , F . KIRCHFELD GMBH  AND  CO . KG AND KLOCKNER GMBH  AND  CO . KG STAHLHANDEL ; THE MAJOR PRODUCERS IN THE FEDERAL REPUBLIC OF GERMANY AND FRANCE , INCLUDING ROCHLING-BURBACH WEITERVERARBEITUNG GMBH AND WUPPERMANN KALTPROFIL GMBH , FEDERAL REPUBLIC OF GERMANY , PROFILAFROID SA , FRANCE , AND A MAJOR AUSTRIAN PRODUCER ;   WHEREAS IN ORDER TO ESTABLISH THE EXISTENCE OF DUMPING , THE COMMISSION HAS HAD TO TAKE INTO ACCOUNT THE FACT THAT ROMANIA IS NOT A MARKET ECONOMY ;   WHEREAS FOR THAT REASON THE COMMISSION CALCULATED THE DUMPING MARGIN ON THE BASIS OF THE NORMAL VALUE OF THE SECTIONS IN QUESTION ON THE DOMESTIC MARKET OF A MARKET ECONOMY NON-MEMBER COUNTRY ;   WHEREAS IN THAT CONNECTION THE COMPLAINT HAD CITED THE AUSTRIAN DOMESTIC MARKET ; WHEREAS , IN THE LIGHT OF THE MEETING BETWEEN THE PARTIES , A COMPARISON WITH THE CONSTRUCTED VALUE OF THE SECTIONS IN QUESTION ON THE AUSTRIAN MARKET IS BOTH APPROPRIATE AND REASONABLE ; WHEREAS THE SAID CONSTRUCTED VALUE WAS DETERMINED NET OF ALL PROFIT ;   WHEREAS THE CONSTRUCTED VALUE WAS COMPARED AT EX-WORKS LEVEL WITH THE ROMANIAN PRICES FOR EXPORTS TO THE COMMUNITY , FOR THE SECOND QUARTER OF 1979 ;   WHEREAS THE PRELIMINARY EXAMINATION DESCRIBED ABOVE SHOWS THE EXISTENCE OF DUMPING WITH A MARGIN EXCEEDING 25 % IN EVERY CASE ;   WHEREAS WITH REGARD TO THE INJURY CAUSED TO THE INDUSTRY CONCERNED , THE EVIDENCE AVAILABLE TO THE COMMISSION SHOWS THAT IMPORTS INTO THE COMMUNITY OF COLD-FORMED SECTIONS ORIGINATING IN ROMANIA ROSE FROM APPROXIMATELY 2 847 TONNES IN 1975 TO 26 141 TONNES IN 1978 ; WHEREAS THE GREAT MAJORITY OF THOSE IMPORTS WENT TO THE FEDERAL REPUBLIC OF GERMANY , WHERE THEIR VOLUME AND MARKET SHARE ROSE FROM APPROXIMATELY 2 746 TONNES AND 1.55 % IN 1975 TO 25 932 TONNES AND 12.32 % IN 1978 ; WHEREAS THE REMAINDER OF THE EXPORTS IN QUESTION MOSTLY WENT TO FRANCE , BELGIUM AND THE NETHERLANDS BEING AFFECTED ONLY BY RE-EXPORTS FROM THE FEDERAL REPUBLIC OF GERMANY ;   WHEREAS THE RESALE PRICE OF THE PRODUCTS IMPORTED INTO THE MEMBER STATES CONCERNED ARE EXTREMELY LOW AND BENEATH LOCAL PRODUCTION COSTS ;   WHEREAS THE CONSEQUENT IMPACT ON THE COMMUNITY PRODUCERS CONCERNED TAKES THE FORM OF A 30 TO 40 % CUT IN PRODUCTION OF THE PRODUCTS IN QUESTION , UNDER-UTILIZATION OF CAPACITY , A 30 TO 40 % REDUCTION IN THE VOLUME OF SALES , A SIGNIFICANT FALL IN THE SIZE OF THEIR MARKET SHARE , A DROP IN EMPLOYMENT , AND DEPRESSED PRICES FORCING THEM TO SELL BELOW PRODUCTION COSTS AND CAUSING THEM TO SUFFER MAJOR LOSSES ON THE PRODUCTS IN QUESTION ;   WHEREAS THE COMMISSION HAS ALSO LOOKED AT OTHER FACTORS WHICH COULD AFFECT THE COMMUNITY INDUSTRY ' S SITUATION , SUCH AS THE VOLUME OF EXPORTS TO NON-MEMBER COUNTRIES AND DOMESTIC CONSUMPTION IN THE VARIOUS MEMBER STATES ; WHEREAS IT HAS EMERGED THAT THESE FACTORS ARE NOT ADVERSELY AFFECTING THE COMMUNITY INDUSTRY ;   WHEREAS THE PRELIMINARY FINDINGS THEREFORE SHOW THAT DUMPED IMPORTS ARE CAUSING MATERIAL INJURY TO THE INDUSTRY ;   WHEREAS THE COMMISSION , AFTER COMPARING THE WEIGHTED AVERAGE PRICES , COSTS , AND LOSSES OF THE COMMUNITY INDUSTRY WITH THE IMPORTERS '  COSTS AND SPECIAL TERMS OF SALE , HAS DETERMINED THE IMPORT PRICES FOR THE SECTIONS IN QUESTION NECESSARY TO ELIMINATE THE INJURY CAUSED ;   WHEREAS AFTER BEING INFORMED OF THE MAIN FINDINGS OF THE INVESTIGATION , THE ROMANIAN EXPORTING BODY HAS OFFERED TO UNDERTAKE TO RAISE THE PRICES OF ITS EXPORTS TO THE FEDERAL REPUBLIC OF GERMANY AND FRANCE ; WHEREAS THE INCREASE OFFERED , ALTHOUGH WELL BELOW THE DUMPING MARGINS RECORDED , WOULD MAKE IT POSSIBLE TO ELIMINATE THE INJURY CAUSED ; WHEREAS THE COMMISSION , HAVING CONSULTED THE MEMBER STATES , WHICH HAVE RAISED NO OBJECTION , CONSIDERS THAT THE SAID UNDERTAKING IS ACCEPTABLE AND THAT IT IS NOT NOW NECESSARY TO TAKE PROTECTIVE ACTION IN RESPECT OF THE RELEVANT PRODUCTS ORIGINATING IN ROMANIA ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   THE UNDERTAKINGS OFFERED BY METALIMPORTEXPORT , BUCHAREST , ROMANIA IN THE CONTEXT OF THE ANTI-DUMPING PROCEDURE CONCERNING IMPORTS OF CERTAIN ANGLES , SHAPES AND SECTIONS OF IRON OR STEEL , NOT FURTHER WORKED THAN COLD-FORMED OR COLD-FINISHED , ORIGINATING IN ROMANIA , ARE HEREBY ACCEPTED .   ARTICLE 2   THE ANTI-DUMPING PROCEDURE IN QUESTION IS HEREBY TERMINATED .   DONE AT BRUSSELS , 26 FEBRUARY 1980 .   FOR THE COMMISSION   WILHELM HAFERKAMP   VICE-PRESIDENT


title: 2010/80/: Decision of the European Council of 9 February 2010 appointing the European Commission

text:
               11.2.2010

               EN

               Official Journal of the European Union

               L 38/7

         DECISION OF THE EUROPEAN COUNCIL
   of 9 February 2010
   appointing the European Commission
   (2010/80/EU)
   THE EUROPEAN COUNCIL,
   Having regard to the Treaty on European Union, and in particular Article 17(3) and (4) and the third subparagraph of Article 17(7) thereof,
   Whereas:

               (1)

               As a result of circumstances connected with the process of ratification of the Treaty of Lisbon, the Commission appointed on 22 November 2004 remained in office after 31 October 2009, pending completion of the process of appointment of the new Commission, in accordance with the provisions of the Treaty on European Union, as amended by the Treaty of Lisbon.

               (2)

               Following the entry into force of the Treaty of Lisbon on 1 December 2009, the European Council, with the agreement of the President of the Commission, appointed by Decision 2009/880/EU (1) Catherine ASHTON as High Representative of the Union for Foreign Affairs and Security Policy for the period from 1 December 2009 until the end of the current term of office of the Commission.

               (3)

               In accordance with Article 17(4) of the Treaty on European Union, a new Commission, consisting of one national of each Member State, including its President and the High Representative of the Union for Foreign Affairs and Security Policy, who shall be one of its Vice-Presidents, must be appointed for the period from the end of the term of office of the Commission in office at the time of the entry into force of the Treaty of Lisbon until 31 October 2014.

               (4)

               The European Council nominated José Manuel DURÃO BARROSO as the person put forward to the European Parliament as President of the Commission, and the European Parliament elected the proposed candidate.

               (5)

               By Decision 2009/903/EU (2) the Council adopted by common accord with the President-elect of the Commission the list of the other persons whom it proposes for appointment as Members of the Commission. That same day, the European Council, with the agreement of the President of the Commission, appointed by Decision 2009/950/EU (3) Catherine ASHTON High Representative of the Union for Foreign Affairs and Security Policy for the period from the end of the current term of office of the Commission until 31 October 2014.

               (6)

               By Decision 2010/41/EU, Euratom (4) repealing and replacing Decision 2009/903/EU the Council adopted, by common accord with the President-elect of the Commission, a new list of the other persons whom it proposes for appointment as Members of the Commission.

               (7)

               By means of a vote held on 9 February 2010, the European Parliament gave its approval to the appointment of the President, the High Representative of the Union for Foreign Affairs and Security Policy and the other Members of the Commission as a college.

               (8)

               The Commission should therefore be appointed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are appointed to the European Commission for the period from 10 February 2010 to 31 October 2014:

               —

               as President:
               José Manuel DURÃO BARROSO

               —

               as member, Vice-President, pursuant to Article 18(4) of the Treaty on European Union:
               Catherine ASHTON, High Representative of the Union for Foreign Affairs and Security Policy

               —

               as Members:

                           —

                           Joaquín ALMUNIA AMANN

                           —

                           László ANDOR

                           —

                           Michel BARNIER

                           —

                           Dacian CIOLOȘ

                           —

                           John DALLI

                           —

                           Maria DAMANAKI

                           —

                           Karel DE GUCHT

                           —

                           Štefan FÜLE

                           —

                           Máire GEOGHEGAN-QUINN

                           —

                           Kristalina GEORGIEVA

                           —

                           Johannes HAHN

                           —

                           Connie HEDEGAARD

                           —

                           Siim KALLAS

                           —

                           Neelie KROES

                           —

                           Janusz LEWANDOWSKI

                           —

                           Cecilia MALMSTRÖM

                           —

                           Günther H. OETTINGER

                           —

                           Andris PIEBALGS

                           —

                           Janez POTOČNIK

                           —

                           Viviane REDING

                           —

                           Olli REHN

                           —

                           Maroš ŠEFČOVIČ

                           —

                           Algirdas Gediminas ŠEMETA

                           —

                           Antonio TAJANI

                           —

                           Androulla VASSILIOU

         Article 2
   This Decision shall take effect on 10 February 2010.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 9 February 2010.

            For the European Council

            The President

         H. VAN ROMPUY

      (1)  OJ L 315, 2.12.2009, p. 49.

      (2)  OJ L 321, 8.12.2009, p. 51.

      (3)  OJ L 328, 15.12.2009, p. 69.

      (4)  OJ L 20, 26.1.2010, p. 5.


title: 2005/844/Euratom: Commission Decision of  25 November 2005  concerning the accession of the European Atomic Energy Community to the Convention on Early Notification of a Nuclear Accident

text:
               30.11.2005

               EN

               Official Journal of the European Union

               L 314/21

         COMMISSION DECISION
   of 25 November 2005
   concerning the accession of the European Atomic Energy Community to the Convention on Early Notification of a Nuclear Accident
   (2005/844/Euratom)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Atomic Energy Community and in particular the second paragraph of Article 101 thereof,
   Having regard to the Council Decision of 23 May 2005 approving the conclusion of the Convention on Early Notification of a Nuclear Accident,
   Whereas:

               (1)

               Twenty-four Member States are contracting parties to the Convention on Early Notification of a Nuclear Accident.

               (2)

               The European Atomic Energy Community should accede to the Convention on Early Notification of a Nuclear Accident,

         HAS DECIDED AS FOLLOW:
   Article 1
   Accession to the Convention on Early Notification of a Nuclear Accident is hereby approved on behalf of the European Atomic Energy Community.
   The text of the Convention on Early Notification of a Nuclear Accident and the declaration by the European Atomic Energy Community according to the provisions of Article 12(5)(c) of that Convention are attached to this Decision.
   Article 2
   The instrument of accession shall be deposited with the Director General of the International Atomic Energy Agency, depositary of the Convention on Early Notification of a Nuclear Accident, as soon as possible after the adoption of this Decision in the form of a letter signed by the Head of Delegation of the European Commission to the International Organisations in Vienna.

      Done at Brussels, 25 November 2005.

            For the Commission

         Andris PIEBALGS

            Member of the Commission

   Declaration referred to in Article 12(5)(c) of the Convention on Early Notification of a Nuclear Accident
   The Community possesses competences, shared with its Member States, in the field of notification of radiological emergencies, to the extent provided by Article 2(b) and the relevant provisions of Title II, Chapter 3 ‘Health and Safety’ of the Treaty establishing the European Atomic Energy Community.
    ---documentbreak---

               30.11.2005

               EN

               Official Journal of the European Union

               L 314/22

         CONVENTION ON EARLY NOTIFICATION OF A NUCLEAR ACCIDENT
   THE STATES PARTIES TO THIS CONVENTION,
   AWARE that nuclear activities are being carried out in a number of States,
   NOTING that comprehensive measures have been and are being take to ensure a high level of safety in nuclear activities, aimed at preventing nuclear accidents and minimising the consequences of any such accident, should it occur,
   DESIRING to strengthen further international cooperation in the safe development and use of nuclear energy,
   CONVINCED of the need for States to provide relevant information about nuclear accidents as early as possible in order that transboundary radiological consequences can be minimised,
   NOTING the usefulness of bilateral and multilateral arrangements on information exchange in this area,
   HAVE AGREED as follows:
   Article 1
   Scope of application
   1.   This Convention shall apply in the event of any accident involving facilities or activities of a State Party or of persons or legal entities under its jurisdiction or control, referred to in paragraph 2 below, from which a release of radioactive material occurs or is likely to occur and which has resulted or may result in an international transboundary release that could be of radiological safety significance for another State.
   2.   The facilities and activities referred to in paragraph 1 are the following:

               (a)

               any nuclear reactor wherever located;

               (b)

               any nuclear fuel cycle facility;

               (c)

               any radioactive waste management facility;

               (d)

               the transport and storage of nuclear fuels or radioactive wastes;

               (e)

               the manufacture, use, storage, disposal and transport of radioisotopes for agricultural, industrial, medical and related scientific and research purposes; and

               (f)

               the use of radioisotopes for power generation in space objects.

         Article 2
   Notification and information
   In the event of an accident specified in Article 1 (hereinafter referred to as a nuclear accident), the State Party referred to in that article shall:

               (a)

               forthwith notify, directly or though the International Atomic Energy Agency (hereinafter referred to as the Agency), those States which are or may be physically affected as specified in Article 1 and the Agency of the nuclear accident, its nature, the time of its occurrence and its exact location where appropriate; and

               (b)

               promptly provide the States referred to in sub-paragraph (a), directly or through the Agency, and the Agency with such available information relevant to minimising the radiological consequences in those States, as specified in Article 5.

         Article 3
   Other Nuclear Accidents
   With a view to minimising the radiological consequences, States Parties may notify in the event of nuclear accidents other than those specified in Article 1.
   Article 4
   Functions of the Agency
   The Agency shall:

               (a)

               forthwith inform States Parties, Member States, other States which are or may be physically affected as specified in Article 1 and relevant international intergovernmental organisations (hereinafter referred to as international organisations) of a notification received pursuant to sub-paragraph (a) of Article 2; and

               (b)

               promptly provide any State Party, Member State or relevant international organisation, upon request, with the information received pursuant to sub-paragraph (b) of Article 2.

         Article 5
   Information to be provided
   1.   The information to be provided pursuant to sub-paragraph (b) of Article 2 shall comprise the following data as then available to the notifying State Party:

               (a)

               the time, exact location where appropriate, and the nature of the nuclear accident;

               (b)

               the facility or activity involved;

               (c)

               the assumed or established cause and the foreseeable development of the nuclear accident relevant to the transboundary release of the radioactive materials;

               (d)

               the general characteristics of the radioactive release, including, as far as is practicable and appropriate, the nature, probable physical and chemical form and the quantity, composition and effective height of the radioactive release;

               (e)

               information on current and forecast meteorological and hydrological conditions, necessary for forecasting the transboundary release of the radioactive materials;

               (f)

               the results of environmental monitoring relevant to the transboundary release of the radioactive materials;

               (g)

               the off-site protective measures taken or planned;

               (h)

               the predicted behaviour over time of the radioactive release.

         2.   Such information shall be supplemented at appropriate intervals by further relevant information on the development of the emergency situation, including its foreseeable or actual termination.
   3.   Information received pursuant to subparagraph (b) of Article 2 may used without restriction, except when such information is provided in confidence by the notifying State Party.
   Article 6
   Consultations
   A State Party providing information pursuant to sub-paragraph (b) of Article 2 shall, as far as is reasonably practicable, respond promptly to a request for further information or consultations sought by an affected State Party with a view to minimising the radiological consequences in that State.
   Article 7
   Competent authorities and points of contact
   1.   Each State Party shall make known to the Agency and to other States Parties, directly or through the Agency, its competent authorities and point of contact responsible for issuing and receiving the notification and information referred to in Article 2. Such points of contact and a focal point within the Agency shall be available continuously.
   2.   Each State Party shall promptly inform the Agency of any changes that may occur in the information referred to in paragraph 1.
   3.   The Agency shall maintain an up-to-date list of such national authorities and points of contact as well as points of contact of relevant international organisations and shall provide it to States Parties and Member States and to relevant international organisations.
   Article 8
   Assistance to States Parties
   The Agency shall, in accordance with its Statute and upon a request of a State Party which does not have nuclear activities itself and borders on a State having an active nuclear programme but not Party, conduct investigations into the feasibility and establishment of an appropriate radiation monitoring system in order to facilitate the achievement of the objectives of this Convention.
   Article 9
   Bilateral and multilateral arrangements
   In furtherance of their mutual interests, States Parties may consider, where deemed appropriate, the conclusion of bilateral or multilateral arrangements relating to the subject matter of this Convention.
   Article 10
   Relationship to other international agreements
   This Convention shall not affect the reciprocal rights and obligations of State Parties under existing international agreements which relate to the matters covered by this Convention, or under future international agreements concluded in accordance with the object and purpose of this Convention.
   Article 11
   Settlement of disputes
   1.   In the event of a dispute between States Parties, or between a State Party and the Agency, concerning the interpretation or application of this Convention, the parties to the dispute shall consult with a view to the settlement of the dispute by negotiation or by any other peaceful means of settling disputes acceptable to them.
   2.   If a dispute of this character between States Parties cannot be settled within one year from the request for consultation pursuant to paragraph 1, it shall, at the request of any party to such a dispute, be submitted to arbitration or referred to the International Court of Justice for decision. Where a dispute is submitted to arbitration, if, within six months from the date of the request, the parties to the dispute are unable to agree on the organisation of the arbitration, a party may request the President of the International Court of Justice or the Secretary-General of the United Nations to appoint one or more arbitrators. In cases of conflicting requests by the parties to the dispute, the request to the Secretary-General of the United Nations shall have priority.
   3.   When signing, ratifying, accepting, approving or acceding to this Convention, a State may declare that it does not consider itself bound by either or both of the dispute settlement procedures provided for in paragraph 2. The other States Parties shall not be bound by a dispute settlement procedure provided for in paragraph 2 with respect to a State Party for which such a declaration is in force.
   4.   A State Party which has made a declaration in accordance with paragraph 3 may at any time withdraw it by notification to the depositary.
   Article 12
   Entry into force
   1.   This Convention shall be open for signature by all States and Namibia, represented by the United Nations Council for Namibia, at the Headquarters of the International Atomic Energy Agency in Vienna and at the Headquarters of the United Nations in New York, from 26 September 1986 and 6 October 1986 respectively, until its entry into force or for 12 months, whichever period is longer.
   2.   A State and Namibia, represented by the United Nations Council for Namibia, may express its consent to be bound by this Convention either by signature, or be deposit of an instrument of ratification, acceptance or approval following signature made subject to ratification, acceptance or approval, or by deposit of an instrument of accession. The instruments of ratification, acceptance, approval or accession shall be deposited with the depositary.
   3.   This Convention shall enter into force 30 days after consent to be bound has been expressed by three States.
   4.   For each State expressing consent to be bound by this Convention after its entry into force, this Convention shall enter into force for that State 30 days after the date of expression of consent.

               5.

                           (a)

                           This Convention shall be open for accession, as provided for in this article, by international organisations and regional integration organisations constituted by sovereign States, which have competence in respect of the negotiation, conclusion and application of international agreements in matters covered by this Convention.

                           (b)

                           In matters within their competence such organisations shall, on their own behalf, exercise the rights and fulfil the obligations which this Convention attributes to States Parties.

                           (c)

                           When depositing its instrument of accession, such an organisation shall communicate to the depositary a declaration indicating the extent of its competence in respect of matters covered by this Convention.

                           (d)

                           Such an organisation shall not hold any vote additional to those of its Member States.

         Article 13
   Provisional application
   A State may, upon signature or at any later date before this Convention enters into force for it, declare that it will apply this Convention provisionally.
   Article 14
   Amendments
   1.   A State Party may propose amendments to this Convention. The proposed amendment shall be submitted to the depositary who shall circulate it immediately to all other States Parties.
   2.   If a majority of the States Parties request the depositary to convene a conference to consider the proposed amendments, the depositary shall invite all States Parties to attend such a conference to begin not sooner than 30 days after the invitations are issued. Any amendment adopted at the conference by a two-thirds majority of all States Parties shall be laid down in a protocol which is open to signature in Vienna and New York by all States Parties.
   3.   The protocol shall enter into force 30 days after consent to be bound has been expressed by three States. For each State expressing consent to be bound by the protocol after its entry into force, the protocol shall enter into force for the State 30 days after the date of expression of consent.
   Article 15
   Denunciation
   1.   A State Party may denounce this Convention by written notification to the depositary.
   2.   Denunciation shall take effect on year following the date on which the notification is received by the depositary.
   Article 16
   Depositary
   1.   The Director General of the Agency shall be the depositary of this Convention.
   2.   The Director General of the Agency shall promptly notify States Parties and all other States of:

               (a)

               each signature of this Convention or any protocol of amendment;

               (b)

               each deposit of an instrument of ratification, acceptance, approval or accession concerning this Convention of any protocol of amendment;

               (c)

               any declaration or withdrawal thereof in accordance with Article 11;

               (d)

               any declaration of provisional application of this Convention in accordance with Article 13;

               (e)

               the entry into force of this Convention and of any amendment thereto; and

               (f)

               any denunciation made under Article 15.

         Article 17
   Authentic texts and certified copies
   The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Director General of the International Atomic Energy Agency who shall send certified copies to States Parties and all other States.
   IN WITNESS WHEREOF the undersigned, being duly authorised, have signed this Convention, open for signature as provided for in paragraph 1 of Article 12.
   ADOPTED by the General Conference of the International Atomic Energy Agency meeting in special session at Vienna on the twenty-sixth day of September one thousand nine hundred and eighty-six.


title: Council Decision (CFSP) 2017/299 of 17 February 2017 extending the mandate of the European Union Special Representative for the South Caucasus and the crisis in Georgia

text:
               21.2.2017

               EN

               Official Journal of the European Union

               L 43/214

         COUNCIL DECISION (CFSP) 2017/299
   of 17 February 2017
   extending the mandate of the European Union Special Representative for the South Caucasus and the crisis in Georgia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 33 and Article 31(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 8 July 2014, the Council adopted Decision 2014/438/CFSP (1) appointing Mr Herbert SALBER as the European Union Special Representative (EUSR) for the South Caucasus and the crisis in Georgia. The EUSR's mandate is to expire on 28 February 2017.

               (2)

               The EUSR's mandate should be extended for a further period of 16 months.

               (3)

               The EUSR will implement the mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   European Union Special Representative
   The mandate of Mr Herbert SALBER as the EUSR for the South Caucasus and the crisis in Georgia is hereby extended until 30 June 2018. The Council may decide that the EUSR's mandate be terminated earlier, based on an assessment by the Political and Security Committee (PSC) and a proposal from the High Representative of the Union for Foreign Affairs and Security Policy (HR).
   Article 2
   Policy objectives
   The EUSR's mandate shall be based on the policy objectives of the Union for the South Caucasus, including the objectives set out in the Conclusions of the extraordinary European Council meeting held in Brussels on 1 September 2008 and the Council Conclusions of 15 September 2008, as well as those of 27 February 2012. Those objectives include:

               (a)

               in accordance with the existing mechanisms, including the Organisation for Security and Cooperation in Europe (OSCE) and its Minsk Group, to prevent conflicts in the region, to contribute to a peaceful settlement of conflicts in the region, including the crisis in Georgia and the Nagorno-Karabakh conflict, by promoting the return of refugees and internally displaced persons and through other appropriate means, and to support the implementation of such a settlement in accordance with the principles of international law;

               (b)

               to engage constructively with the main interested actors regarding the region;

               (c)

               to encourage and support further cooperation between Armenia, Azerbaijan and Georgia, and, as appropriate, their neighbouring countries;

               (d)

               to enhance the Union's effectiveness and visibility in the region.

         Article 3
   Mandate
   In order to achieve the policy objectives, the EUSR's mandate shall be:

               (a)

               to develop contacts with governments, parliaments, other key political actors, the judiciary and civil society in the region;

               (b)

               to encourage the countries in the region to cooperate on regional themes of common interest, such as common security threats, the fight against terrorism, illicit trafficking and organised crime;

               (c)

               to contribute to the peaceful settlement of conflicts in accordance with the principles of international law and to facilitate the implementation of such settlement in close coordination with the United Nations, the OSCE and its Minsk Group;

               (d)

               with respect to the crisis in Georgia:

                           (i)

                           to help prepare for the international talks held under point 6 of the settlement plan of 12 August 2008 (‘Geneva International Discussions’) and its implementing measures of 8 September 2008, including on arrangements for security and stability in the region, the issue of refugees and internally displaced persons, on the basis of internationally recognised principles, and any other subject, by mutual agreement between the parties;

                           (ii)

                           to help establish the Union's position and represent it, at the level of the EUSR, in the talks referred to in point (i); and

                           (iii)

                           to facilitate the implementation of the settlement plan of 12 August 2008 and its implementing measures of 8 September 2008;

               (e)

               to facilitate the development and implementation of confidence-building measures in coordination with Member States' expertise, where available and appropriate;

               (f)

               to assist in the preparation, as appropriate, of Union contributions to the implementation of a possible conflict settlement;

               (g)

               to intensify the Union's dialogue with the main actors concerned regarding the region;

               (h)

               to assist the Union in further developing a comprehensive policy towards the South Caucasus;

               (i)

               in the framework of the activities set out in this Article, to contribute to the implementation of the Union's human rights policy and the Union Guidelines on Human Rights, in particular with regard to children and women in areas affected by conflicts, especially by monitoring and addressing developments in this regard.

         Article 4
   Implementation of the mandate
   1.   The EUSR shall be responsible for the implementation of the mandate, acting under the authority of the HR.
   2.   The PSC shall maintain a privileged link with the EUSR and shall be the EUSR's primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the HR.
   3.   The EUSR shall work in close coordination with the European External Action Service (EEAS) and its relevant departments.
   Article 5
   Financing
   1.   The financial reference amount intended to cover the expenditure related to the EUSR's mandate for the period from 1 March 2017 to 30 June 2018 shall be EUR 2 990 000.
   2.   The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
   3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.
   Article 6
   Constitution and composition of the team
   1.   Within the limits of the EUSR's mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting a team. The team shall include the expertise on specific policy issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly informed of the composition of the team.
   2.   Member States, the institutions of the Union and the EEAS may propose the secondment of staff to work with the EUSR. The salary of such seconded personnel shall be covered by the sending Member State, the sending institution of the Union or the EEAS, respectively. Experts seconded by Member States to the institutions of the Union or the EEAS may also be posted to work with the EUSR. International contracted staff shall have the nationality of a Member State.
   3.   All seconded personnel shall remain under the administrative authority of the sending Member State, the sending institution of the Union or the EEAS, respectively, and shall carry out their duties and act in the interest of the EUSR's mandate.
   4.   The EUSR's staff shall be co-located with the relevant EEAS departments or Union delegations in order to ensure coherence and consistency of their respective activities.
   Article 7
   Privileges and immunities of the EUSR and the EUSR's staff
   The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the EUSR's mission and the members of the EUSR's staff shall be agreed with the host countries, as appropriate. Member States and the EEAS shall grant all necessary support to such effect.
   Article 8
   Security of EU classified information
   The EUSR and the members of the EUSR's team shall respect the security principles and minimum standards established by Council Decision 2013/488/EU (2).
   Article 9
   Access to information and logistical support
   1.   Member States, the Commission and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
   2.   The Union delegations in the region and/or the Member States, as appropriate, shall provide logistical support in the region.
   Article 10
   Security
   In accordance with the Union's policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in accordance with the EUSR's mandate and on the basis of the security situation in the geographical area of responsibility, for the security of all personnel under the EUSR's direct authority, in particular by:

               (a)

               establishing a specific security plan based on guidance from the EEAS, including specific physical, organisational and procedural security measures governing the management of the secure movement of personnel to, and within, the area of responsibility as well as the management of security incidents and including a contingency plan and evacuation plan;

               (b)

               ensuring that all personnel deployed outside the Union are covered by high-risk insurance, as required by the conditions in the area of responsibility;

               (c)

               ensuring that all members of the EUSR's team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the area of responsibility, based on the risk ratings assigned to that area by the EEAS;

               (d)

               ensuring that all agreed recommendations made following regular security assessments are implemented, and providing the Council, the HR and the Commission with written reports on their implementation and on other security issues within the framework of the progress report and the report on the implementation of the mandate.

         Article 11
   Reporting
   The EUSR shall regularly provide the HR and the PSC with oral and written reports. The EUSR shall also report to Council working parties as necessary. Regular reports shall be circulated through the COREU network. The EUSR may provide the Foreign Affairs Council with reports. In accordance with Article 36 of the Treaty, the EUSR may be involved in briefing the European Parliament.
   Article 12
   Coordination
   1.   The EUSR shall contribute to the unity, consistency and effectiveness of the Union's action and shall help ensure that all Union instruments and Member States' actions are engaged consistently, to attain the Union's policy objectives. The activities of the EUSR shall be coordinated with those of the Commission. The EUSR shall provide regular briefings to Member States' missions and the Union's delegations.
   2.   In the field, close liaison shall be maintained with the Heads of Union delegations and Member States' Heads of Mission, who shall make every effort to assist the EUSR in the implementation of the mandate. The EUSR, in close coordination with the Head of the Union Delegation to Georgia, shall provide the Head of the European Union Monitoring Mission in Georgia (EUMM Georgia) with local political guidance. The EUSR and the Civilian Operations Commander for EUMM Georgia shall consult each other as required. The EUSR shall also liaise with other international and regional actors in the field.
   Article 13
   Assistance in relation to claims
   The EUSR and the EUSR's staff shall assist in providing elements to respond to any claims and obligations arising from the mandates of the previous EUSRs for the South Caucasus and the crisis in Georgia, and shall provide administrative assistance and access to relevant files for such purposes.
   Article 14
   Review
   The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the Council, the HR and the Commission with a progress report by 30 September 2017 and a comprehensive mandate implementation report by 31 March 2018.
   Article 15
   Entry into force
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 17 February 2017.

            For the Council

            The President

         E. BARTOLO

      (1)  Council Decision 2014/438/CFSP of 8 July 2014 amending and extending the mandate of the European Union Special Representative for the South Caucasus and the crisis in Georgia (OJ L 200, 9.7.2014, p. 11).

      (2)  Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).


title: Council Decision 2012/50/CFSP of 27 January 2012 amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia

text:
               31.1.2012

               EN

               Official Journal of the European Union

               L 27/11

         COUNCIL DECISION 2012/50/CFSP
   of 27 January 2012
   amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 31 January 2011, the Council adopted Decision 2011/72/CFSP (1).

               (2)

               On the basis of a review of Decision 2011/72/CFSP, the restrictive measures should be extended until 31 January 2013.

               (3)

               Decision 2011/72/CFSP should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Article 5 of Decision 2011/72/CFSP is replaced by the following:

      ‘Article 5
      This Decision shall apply until 31 January 2013. It shall be kept under constant review. It may be renewed or amended, as appropriate, if the Council deems that its objectives have not been met.’.

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

      Done at Brussels, 27 January 2012.

            For the Council

            The President

         N. WAMMEN

      (1)  OJ L 28, 2.2.2011, p. 62.


title: 78/901/EEC: Council Decision of 30 October 1978 giving a discharge to the Commission in respect of the implementation of the operations of the European Development Fund (1969) (Third EDF) for the financial year 1976

text:
 10 . 11 . 78                             Official Journal of the European Communities                         No L 316/35
                                                      COUNCIL DECISION
                                                        of 30 October 1978
                giving a discharge to the Commission in respect of the implementation of the
                operations of the European Development Fund ( 1969) (Third EDF) for the finan
                                                           cial year 1976
                                                            (78/901 /EEC)
 THE COUNCIL OF THE EUROPEAN                                          amounting to 724 452 686-44 European units of
 COMMUNITIES,                                                         account, and of miscellaneous revenue of the Fund ;
 Having regard to the Treaty establishing the European                Whereas the overall implementation by the Commis
 Economic Community,                                                  sion of the operations of the European Development
 Having regard to the Convention of Association                       Fund (1969) (Third EDF) during the financial year
 between the European Economic Community and the                       1976 was such as to warrant its being given a
 African States and Madagascar associated with the                    discharge in respect of the implementation of those
 Community (J ), signed at Yaounde on 29 July 1969,                   operations,
 Having regard to Council Decision 70/549/EEC of 29
 September 1970 on the association of the overseas                    HAS DECIDED AS FOLLOWS :
 countries and territories with the European Economic
                                                                                Article 1
 Community (2),
 Having regard to the Internal Agreement on the                       The Council closes the revenue and expenditure
 financing and administration of Community aid (3),                   account of the European Development Fund ( 1969)
 signed at Yaounde on 29 July 1969, and in particular                 (Third EDF) as at 31 December 1976 as follows :
 Article 22 thereof,                                                  Revenue at the sum of 729 1 1 2 577-80 European units
 Having regard to the Financial Regulation of the Euro               of account,
 pean Development Fund ( 1969) set up under the                       Expenditure (payments) at the sum of 617 817 774-24
 internal Agreement on the financing and administra                  European units of account.
 tion of Community aid (4), and in particular Article 7
 and 8 thereof,                                                                             Article 2
 Having regard to the revenue and expenditure account                 The Council states the position set out in the Annex
 and the balance sheet relating to the operations of the              hereto on comments No 144 and No 145 in the
 European Development Fund ( 1969) (Third EDF) as at                  report of the Audit Board on the accounts for the
 31 December 1976 (5),
                                                                      financial year 1976.
 Having regard to the report of the Audit Board on the
accounts for the financial year 1976, to which report                                       Article 3
are annexed the             Commission 's replies to the
comments made by the Audit Board,                                     The Council hereby gives a discharge to the Commis
                                                                      sion in respect of the implementation of the opera
 Having regard to the resolution of the European Parlia              tions of the European Development Fund (1969)
ment of 4 July 1978 ,                                                 (Third EDF) for the financial year 1976.
Recalling that, in accordance with the provisions appli
cable to the implementation of the European Develop
ment Fund ( 1969) (Third EDF), only the Council,                      Done at Luxembourg, 30 October 1978.
acting by a qualified majority, should give a discharge
to the Commission in respect of the financial adminis                                           For the Council
tration of the Fund,
                                                                                The President
Whereas revenue for the financial year 1976 consisted
mainly of the contributions of the Member States,                                                    J. ERTL
(') OJ  No   L 282, 28 .   12. 1970, p. 2.
(2) OJ   No  L 282, 28 .   12. 1970, p. 83 .
(3) OJ   No  L 282, 28 .   12. 1970, p. 47.
(<) OJ  No   L 31 , 8 . 2. 1971 , p . 1 .
(5) OJ  No   C 254, 24.    10 . 1977.
 ---pagebreak--- No L 316/36                       Official Journal of the European Communities                                10. 11 . 78
                                                          ANNEX
          Council comment appended to the Decision giving a discharge in respect of the Third
                                                EDF (financial year 1976)
          1 . The Council makes the following statement on comment No 144 of the Audit Board concerning
              the criteria for awarding scholarships :
              The Council invites the Commission to take the necessary steps to ensure that the procedure for
              awarding scholarships is objective.
          2. The Council makes the following statement on comment No 145 of the Audit Board concerning
              resident and technical supervision :
              The Council repeats the comment appended to the Decision giving a discharge in respect of the
              Third EDF (financial year 1975).
              In particular, the Council requests the Commission to ensure the progressive integration of EAC
              officials under special contract into the statutory staff complement of the Commission.
              It notes the intention of the Commission not to replace, by the granting of further special
              contracts, those EAC officials who have been so integrated.


Avis juridique important

|

31988D0033

88/33/EEC: Council Decision of 21 December 1987 on the conclusion of a Protocol on financial and technical cooperation between the European Economic Community and the Lebanese Republic

Official Journal L 022 , 27/01/1988 P. 0025

COUNCIL DECISION of 21 December 1987 on the conclusion of a Protocol on financial and technical cooperation between the European Economic Community and the Lebanese Republic (88/33/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 assent of the European Parliament (1),  Whereas the Protocol on financial and technical cooperation between the European Economic Community and the Lebanese Republic should be approved,  HAS DECIDED AS FOLLOWS:     Article 1  The Protocol on financial and technical cooperation between the European Economic Community and the Lebanese Republic is hereby approved on behalf of the Community.  The text of the Protocol is attached to this Decision.   Article 2  The President of the Council shall give the notification provided for in Article 21 of the Protocol (2).   Article 3  This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Communities.    Done at Brussels, 21 December 1987.  For the Council  The President  B. HAARDER


Avis juridique important

|

41990D0673

90/673/ECSC: Decision of the Representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council of 20 December 1990 amending Decision 90/672/ECSC in respect of the system of generalized tariff preferences applied to certain iron and steel products originating in Bolivia, Colombia, Peru and Ecuador

Official Journal L 370 , 31/12/1990 P. 0151 - 0151

DECISION   OF   THE    REPRESENTATIVES   OF   THE   GOVERNMENTS   OF   THE   MEMBER   STATES   OF   THE   EUROPEAN   COAL    AND   STEEL COMMUNITY,   MEETING   WITHIN   THE   COUNCILof 20 December 1990amending Decision  90/672/ECSC in respect of the system of generalized tariff preferences applied to certain iron and  steel products originating in Bolivia, Colombia, Peru and Ecuador(90/673/ECSC)<(BLK0)LA  ORG="CCF">EN</(BLK0)LA>THE   REPRESENTATIVES   OF   THE   GOVERNMENTS   OF   THE   MEMBER    STATES   OF   THE   EUROPEAN   COAL   AND   STEEL   COMMUNITY,   MEETING   WITHIN   THE    COUNCIL, In agreement with the Commission, HAVE   DECIDED   AS   FOLLOWS:Article 1Article 6 (1) and (2) of Decision 90/672/ECSC   (1) shall not apply to Bolivia, Colombia, Peru or Ecuador.  Article 2This Decision shall enter  into force on 1  January 1991.Done at Brussels, 20 December 1990. The PresidentG. RUFFOLO


title: 2011/591/EU: Decision of the European Parliament of 10 May 2011 on the closure of the accounts of the European Railway Agency for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/195

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on the closure of the accounts of the European Railway Agency for the financial year 2009
   (2011/591/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Railway Agency for the financial year 2009,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Railway Agency for the financial year 2009, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 15 February 2011 (05892/2011 — C7-0052/2011),

               —

               having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European Railway Agency (Agency Regulation) (3), and in particular Article 39 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0125/2011),

               1.

               Approves the closure of the accounts of the European Railway Agency for the financial year 2009;

               2.

               Instructs its President to forward this Decision to the Director of the European Railway Agency, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 338, 14.12.2010, p. 103.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 164, 30.4.2004, p. 1.

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