title: 85/553/ECSC: Decision of the representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council of 17 December 1985 applying for 1986 the generalized tariff preferences for certain steel products originating in developing countries

text:
30. 12 . 85                          Official Journal of the European Communities                             No L 352 /235
                                                               II
                                      (Acts whose publication is not obligatory)
                                                   COUNCIL
               DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS                                           OF
                      THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL
                               COMMUNITY, MEETING WITHIN THE COUNCIL,
                                                   of 17 December 1985
                applying for 1986 the generalized tariff preferences for certain steel products originating
                                                  in developing countries
                                                      (85 / 553 / ECSC)
THE REPRESENTATIVES OF THE
GOVERNMENTS OF THE MEMBER STATES                                   3 . Preferential entry as provided for in this Deci
OF THE EUROPEAN COAL AND STEEL                                     sion shall be subject to conformity with the defini
COMMUNITY, MEETING WITHIN THE COUNCIL,                             tion of the origin of products determined in accord
                                                                   ance with the procedure laid down in Article 14 of
In agreement with the Commission ,
                                                                   Regulation (EEC) No 802/68 (')• However, the
                                                                   Community preference arrangements applicable to
                                                                   Yugoslavia shall result exclusively from the provi
HAVE DECIDED AS FOLLOWS :
                                                                   sions contained in the Agreement with that country
                           Article 1                               concerning ECSC products (2); consequently, for
                                                                   products submitted under the said Agreement to
 1 . From 1 January to 31 December 1986, the cus                  Community tariff ceilings or listed in Annex I to
toms duties applicable to the products listed in                   this Decision , the movement certificate EUR.l shall
Annexes I and II shall be totally suspended within                 be deemed the only documentary evidence for the
the framework of tariff quotas and ceilings .                      granting of tariff preferences .
From 1 March 1986, Spain and Portugal shall apply                  4. The Community tariff quotas and ceilings shall
on the imports of products referred to above the cus              be administered in accordance with the provisions
toms duties established in accordance with Articles                set out below .
 178 and 365 of the 1985 Act of Accession .
2 . The arrangements provided for in paragraph 1                                                SECTION I
shall apply solely :
— in all customs areas of the Community, to each                       Provisions concerning the administration of the
     of the countries or territories listed in column 4             Community tariff quotas relating to products listed in
                                                                                Annex I
     of Annex I against each category of products
     listed in columns 2 and 3 ,                                                                 Article 2
— in the Community, to each of the other countries
     or territories listed in Annex III , with the excep          The total suspension of customs duties within the
     tion of Yugoslavia , for the same categories of               limits of the Community tariff quotas referred to in
     products ,                                                    Article 1(1 ) shall be accorded to each country or ter
                                                                   ritory listed in column 4 of Annex I in respect of the
— in the Community, to each of the countries or                    products indicated against its name in columns 2
     territories listed in Annex III for the other cate
     gories of products in Annex II ,
                                                                   (')  OJ No L 148 , 28 . 6. 1968 , p. 1 .
subject to observance of the concept of originating                0    OJ No L 41 , 14.2 . 1983 , p . 113 and OJ No L 237 ,
products .                                                              27 . 8 . 1983 , p . 1 .
 ---pagebreak--- No L 352 /236                          Official Journal of the European Communities                              30 . 12 . 85
and 3 together with details in column 5 of the                    Article 5 , which are laid down for imports into the
amount of the individual quotas .                                 Community, under the conditions which it shall
                                                                  determine, of products originating in any of the
                                                                  countries or territories referred to in Article 1 (2), are
                                                                  reached at Community level , the Member States
                            Article 3                             may at any time, at the request of any one of them
                                                                  or of the Commission and in respect of the whole of
1.    The Member States shall administer their tariff             the Community, reintroduce the levying of the cor
quotas in accordance with their own provisions .                  responding duties on imports of the products in
                                                                  question from each of the countries or territories
2.    The extent to which a Member State has used                 concerned until the end of the period referred to in
up its share shall be determined on the basis of                  Article 1 ( 1 ).
imports of the goods in question which have been
entered for free circulation , on the basis of the cus           2 . Within the framework of the foregoing provi
toms value of the said goods , and which are accom               sions, the Commission shall coordinate the proce
panied by a certificate of origin in accordance with              dures for reintroducing normal customs duties, in
the rules referred to in Article 1 (2).                           particular by notifying the date common to the
                                                                  whole of the Community and directly applicable in
                                                                  each Member State . This notification shall be pub
                                                                  lished in the Official Journal of the European Com
                            A rticle 4                            munities.
Each Member State shall reintroduce the levying of                3.   However, paragraphs 1 and 2 shall not apply to
duties which have been suspended in respect of a                  the countries listed in Annex IV.
country or territory listed in column 4 of Annex I as
soon as it finds that the charges against its national
quota of the products concerned originating in that
country or territory have reached the amount laid
down in column 6 of Annex I.                                                               Article 7
                                                                  The extent to which ceilings have been used up shall
                                                                  be determined at Communitiy level on the basis of
                         SECTION II
                                                                  imports charged in the manner laid down in
                                                                  Article 8(1 ) and (2).
     Provisions concerning the administration of the
    Community tariff ceilings relating to the products
                  listed in Annexes I and II
                                                                                SECTION III
                            A rticle 5
Subject to Articles 6 and 7 , the preferential tariff                                 General provisions
ceiling arrangements shall be accorded :
                                                                                Article 8
— for products in Annex I , to each of the countries
     or territories listed in Annex III , other than those        1 . Imports of the products in question shall be
     which may be listed in column 4 of Annex I ,                 charged against the quota shares and Community
     within the limits of the amounts specified in col           ceilings as and when the products are entered for
     umn 7 of Annex I , against each category of                  free circulation, on the basis of the customs value of
     products,                                                    the said products, and are accompanied by a certifi
                                                                  cate of origin in accordance with the rules laid down
— for products in Annex II , to the countries or ter             in Article 1 (2).
     ritories listed in Annex III, considered indivi
     dually, within the limits of a Community ceiling
     corresponding to 102 % of the highest maximum                2. Goods may be charged against a ceiling or
     amount valid for 1980 under each of the prefer              admitted under a tariff quota only if the certificate
     ential ceilings opened for that year.                        of origin referred to in paragraph 1 is presented
                                                                  before the date on which the levying of duties is
                                                                  reintroduced .
                            Article 6                             3 . For the purposes of the application of this Deci
                                                                  sion , the rates of conversion into national currencies
 1 . As soon as the individual ceilings fixed or cal             of the value in ECU in which the preferential
culated in accordance with the provisions of                      amounts are expressed shall be those fixed on
 ---pagebreak---  30 . 12 . 85                               Official Journal of the European Communities                         No L 352 / 237
 1 October 1985 (') and they shall remain in force                     at its request and under the same conditions, the list
 from 1 January to 31 December 1986.                                   of charges effected during the previous month .
4.    An amendment to the list of beneficiaries , in                   At the Commission 's request, when the level of 75 %
particular by the addition of new countries or terri                  of the ceiling is reached, the Member States shall
tories, may entail a corresponding adjustment to                       forward the lists of charges to the Commission every
 Community tariff quotas or ceilings .                                 10 days ; these lists shall be forwarded within five
                                                                       days of the end of each 10-day period.
                              Article 9
 1.   The Member States shall , within six weeks of                                           Article 10
the end of each quarter at the latest, forward to the
 Statistical Office of the European Communities the                   The Member States shall , in close cooperation with
relevant statistical data for the products entered for                the Commission, take all necessary measures to
free circulation in the quarter concerned under                       ensure that this Decision is applied .
generalized preferential treatment in accordance
with the provisions of the present Decision . This                                            Article 11
 data, transmitted according to the headings of the                   The Member States shall take all measures neces
 nomenclature of goods for external trade statistics
                                                                      sary for the implementation of this Decision .
 of the Community and statistics of trade between
 Member States ( NIMEXE ), shall show the country
                                                                                Article 12
 of origin, value, quantity and any supplementary
 units as defined by Council Regulation ( EEC ) No                    This Decision shall enter into force on 1 January
 1736/ 75 (2).                                                         1986 .
 2 . However, in the case of products in Annex A
 subject to quotas , the Member States shall , by the
 1 1th day of each month at the latest, forward the list               Done at Brussels, 17 December 1985 .
of charges effected during the previous month . In
the case of products of Annex A subject to ceilings,                                                    The President
the Member States shall forward to the Commission ,                                                      J. F. POOS
(')   OJ No € 250,2 . 10 . 1985 , p . 1 .
(2)   OJ No L 183 , 14 . 7 . 1975 , p . 3 .
 ---pagebreak---                                        ANNEX I
   t of products subject to zero duty Community preferential tariff quotas and ceilings (a)
                                                                     Community tariff quotas                                 Ceilings
                                                                                No L 352 / 238
                                                                                Individual ceil
                                                                       Individual                                        ing for countries
    Description                                 Beneficiary                              Amount of shares allocated to
                                                                         quota                                             or territories
                                                countries or                                    Member States
                                                                        amount                                           other than those
                                                 territories                                        ( ECU)
                                                                        ( ECU)                                           under column 4
                                                                                ( ECU)
         3                                          (4)                   (5                          (6                        (7)
nd sheet bars ( including tinplate                                                                                3 324 600
    eces roughly shaped by forging, of
(including tinplate bars):
    olling                                  Brazil                     3 237 451         BNL                  310 795       3 237 451
                                            South Korea                                  DK                   148 923
                                            Venezuela                                    D                    809 363
                                                                                GR                    58 274
                                                                                Official Journal of the European Communities
                                                                                E                    236 334
                                                                                F                    563 316
                                                                                [ RL                  16 187
                                                                                f                    427 344
                                                                                P                      45 324
                                                                                UK                   621 591
 ducts, marked with an asterisk, originating in China.
                                                                                30. 12 . 85
 ---pagebreak---                                                             Community tariff quotas                                  Ceilings
                                                                                30 . 12 . 85
                                                                                Individual ceil
                                                             Individual                                          ing for countries
      Description                            Beneficiary                        Amount of shares allocated to
                                                               quota                                               or territories
                                             countries or                            Member States
                                                              amount                                             other than those
                                              territories                                  ( ECU )
                                                               ( ECU)                                            under column 4
                                                                                ( ECU )
          (3)                                    (4)             (5)                         (6)                        (7)
  g wire rod), of iron or steel , hot    Argentina          2 006 493         BNL                   192   623      2 006 493
    cold-formed or cold-finished (in     Brazil                               DK                     92   299
   hollow mining drill steel :            Venezuela                            D                     501   623
                                                                               GR                     36   117
 han hot-rolled or extruded
                                                                               E                     146   474
 ed (for example , polished , coated):                                         F                     349   130
                                                                               IRL                    10   032
    ked than clad :
                                                                               I                     264   857
    r extruded                                                                 P                       28 091
                                                                                Official Journal of the
                                                                               UK                    385 247
tions, of iron or steel, hot-rolled,                                                                                1 908 900
   rmed or cold-finished ; sheet piling
  r or not drilled, punched or made
  :
  ections :
     ked than hot-rolled or extruded
                                                                                European Communities
e-worked (for example, polished,
    worked than clad :
      ed or extruded
                                                                                No L 352/239
 ---pagebreak---                                                                 Community tariff quotas                                       Ceilings
                                                                                Individual ceil
                                                                 Individual                                               ing for countries
        Description                              Beneficiary                           Amount of shares allocated to
                                                                                No L 352 / 240
                                                                   quota                                                    or territories
                                                 countries or                               Member States
                                                                  amount                                                  other than those
                                                  territories                                     ( ECU )
                                                                  ( ECU )                                                 under column 4
                                                                                ( ECU )
            (3)                                      (4)            (5)                             (6)                          (7)
     or steel , hot-rolled or cold-rolled :   Argentina          5 500 000         BNL                        528   000      6 276 000
                                              Brazil                               DK                         253   000
      plates                                  South Korea                          D                        1 375   000
 es :                                                                              GR                          99   000
                                                                                E                          401   500
  ed than hot-rolled
                                                                                F                          957   000
   ed than cold-rolled , of a thickness                                            IRL                         27   500
                                                                                I                         726 000
 mm but less than 3 mm                                                             P                          77 000
                                                                                Official Journal of the
                                                                                UK                       1 056 000
  ked than burnished , polished or
   therwise surface-treated :
 or lead-coated
  xample , copper-plated , artificially
                                                                                European Communities
  cquered, nickel-plated, varnished ,
    ed, printed)
d or worked :
 pes other than rectangular shapes,
      er worked :
                                                                                30     .      12
                                                                                . 85
 ---pagebreak---                                                          Community tariff quotas                                   Ceilings
                                                                                30. 12 . 85
                                                                                Individual ceil
                                                          Individual                                           ing for countries
     Description                          Beneficiary                        Amount of shares allocated to
                                                            quota                                                or territories
                                          countries or                            Member States
                                                           amount                                              other than those
                                           territories                                  ( ECU)
                                                            ( ECU )                                            under column 4
                                                                                ( ECU)
          (3)                                 ( 4)            (5)                         (6)                         < 7)
  on steel in the forms mentioned in   Brazil             5 564 1 00        BNL                    534   154      5 891 400
 14 :                                  South Korea                          DK                     255   949
                                                                            D                    1 391   025
                                                                            GR                     100   154
    billets , slabs and sheet bars :                                        E                      406   179
                                                                            F                      968   153
                                                                            IRL                     27 821
   billets, slabs and sheet bars                                            I                      734 461
     ng                                                                     P                       77 897
                                                                            UK                   1 068 307
 ncluding wire rod) and hollow min
     gles, shapes and sections :
worked than hot-rolled or extruded
ace-worked (for example , polished ,
    er worked than clad :
                                                                                Official Journal of the European Communities
  -rolled or extruded
worked than hot-rolled
 or otherwise surface-treated :
    er worked than clad :
  -rolled
                                                                                No L 352 /241
 ---pagebreak---                                                       Community tariff quotas                                     Ceilings
                                                                                Individual ceil
                                                       Individual                                             ing for countries
     Description                       Beneficiary                        Amount of shares allocated to
                                                                                No L 352 /242
                                                         quota                                                  or territories
                                       countries or                            Member States
                                                        amount                                                other than those
                                        territories                                  (ECU)
                                                         (ECU)                                                under column 4
                                                                                ( ECU)
          (3)                               (4)           (5)                          (6)                           ( 7)
    :
  orked than hot-rolled
worked than cold-rolled, of a thick
      3 mm
                                                                                [
 ad, coated or otherwise surface                                                                         j
 aped or worked :
     shapes other than rectangular
      ut not further worked
                                                                                .
    billets , slabs and sheet bars :
    billets, slabs and sheet bars
                                                                                Official Journal of the European Communities
      g
  ncluding wire rod) and hollow min
      gles, shapes and sections :
 worked than hot-rolled or extruded
 ace-worked (for example , polished,
     er worked than clad :
   -rolled or extruded
                                                                                30     .      12     .       85
 ---pagebreak---                                                         Community tariff quotas                                 Ceilings
                                                                                30 . 12 . 85
                                                                                Individual ceil
                                                         Individual                                         ing for countries
     Description                         Beneficiary                        Amount of shares allocated to
                                                           quota                                              or territories
                                         countries or                            Member States
                                                          amount                                            other than those
                                          territories                                  ( ECU )
                                                           ( ECU)                                           under column 4
                                                                                ( ECU )
           ( 3)                               ( 4)          (5)                          ( 6)                      (7)
worked than hot-rolled
 or otherwise surface-treated :
  her worked than clad :
t-rolled
  s :
                                                                                Official Journal of the
    heets and plates
 and plates :
  her worked than hot-rolled
 ther worked than cold-rolled, of a
  s of :
 s than 3 mm
  , clad, coated or otherwise surface                                                                                European Communities
 se shaped or worked :
  into shapes other than rectangular
 pes, but not further worked
                                                                                No L 352 / 243
 ---pagebreak--- No L 352 /244                          Official Journal of the European Communities                                   30 . 12 . 85
                                                              ANNEX II
              List of products in respect of which the Common Customs Tariff duties are completely suspended
                    under the generalized tariff preferences granted to developing countries and territories
              Order     CCF heading No
                                 and                                                Description
               No
                         NIMEXEcode
            62.0010            73.09         Universal plates of iron or steel
                           ( 73.09-00)
            62.0020            73.12         Hoop and strip , of iron or steel , hot-rolled or cold-rolled :
                         ( 73.12-11 , 19     A.  Not further worked than hot-rolled
                           21,51,71 )
                                             B.  Not further worked than cold-rolled :
                                                    I. In coils for the manufacture of tinplate
                                             C. Clad, coated or otherwise surface-treated :
                                                 111 . Tinned :
                                                       a) Tinplate
                                                   V. Other (for example, copper-plated , artificially oxidized, lac
                                                       quered , nickel-plated , varnished, clad^parkerized, printed):
                                                       a) Not further worked than clad :
                                                           1.   Hot-rolled
            62.0030            73.13         Sheets and plates, of iron or steel, hot-rolled or cold-rolled :
                           ( 73.13-41 )
                                             B. Other sheets and plates :
                                 ( a)
                                                 II .  Not further worked than cold-rolled, of a thickness of:
                                                       a) 3 mm or more
            62.0040            73.15         Alloy steel and high carbon steel in the forms mentioned in heading
                            ( 73.65-53)      Nos 73.06 to 73.14 :
                                 (a)
                                             A. High carbon steel :
                                                 VII . Sheets and plates :
                                                       b) Not further worked than cold-rolled, of a thickness of:
                                                           1.   3 mm or more
                                             B. Alloy steel :
                                                 VII . Sheets and plates :
                                                       b) Other sheets and plates :
                      ( 73.75-53 , 54, 59)                 2.   Not further worked than cold-rolled, of a thickness
                                 (a)                            of :
                                                                aa) 3 mm or more
           (a) Preferences are also granted in respect of products falling within this subheading, originating
               in Romania .
 ---pagebreak--- 30. 12.85                       Official Journal of the European Communities                                     No L 352 /245
           Order  CCT heading No
                          and                                                 Description
             No
                   NIMEXE code
          62.0050        73.16        Railway and tramway track construction material of iron or steel,
                   (73 . 16-14, 16 ,  the following : rails , check-rails , switch blades , crossings (or frogs),
                   17 , 20. 40,51 )   crossing pieces , point rods , rack rails, sleepers, fish-plates , chairs ,
                                      chair-wedges , sole plates (base plates), rail clips , bedplates, ties , and
                                      other material specialized for joining or fixing rails :
                                      A.  Rails :
                                          II . Other
                                      B.  Check-rails
                                      C. Sleepers
                                      D. Fish-plates and sole plates :
                                           I.  Rolled
 ---pagebreak--- No L 352 / 246                         Official Journal of the European Communities                                    30 . 12 . 85
                                                             ANNEX III
                       List of developing countries and territories enjoying generalized tariff preferences (')
                                               A. INDEPENDENT COUNTRIES
     660  Afghanistan (2 )                   473 Grenada                          801 Papua New Guinea
     208  Algeria                            416 Guatemala                        520 Paraguay
     330  Angola                             260  Guinea (2)                      504 Peru
     459  Antigua and Barbuda                257  Guinea Bissau (2)               708  Philippines
     528  Argentina                          488  Guyana                          644  Qatar
     453 Bahamas                             452  Haiti (2)                       247  Republic of Cape Verde (2)
     640 Bahrain                             424 Honduras                         324  Rwanda (2)
     666 Bangladesh ( 2 )                    664 India                            819  Western Samoa (2)
     469 Barbados                            700 Indonesia                        311  São Tomé and Principe (2)
     421 Belize                              616 Iran                             632 Saudi Arabia
     284 Benin (2)                           612 Iraq                             248  Senegal
     675 Bhutan (2)                          272 Ivory Coast                      355  Seychelles and dependencies (2)
     516 Bolivia                             464 Jamaica                          264  Sierra Leone (2)
     391 Botswana (2 )                       628 Jordan                           706  Singapore
     236 Burkina Faso ( 2 )                  696 Kampuchea (Cambodia)             806 Solomon Islands
     508 Brazil                              346 Kenya                            342 Somalia (2)
     703 Brunei Darussalam                   812 Kiribati                         728 South Korea
     676 Burma                               636 Kuwait                           656 South Yemen (2)
     328 Burundi (2)                         684 Laos (2)                         669 Sri Lanka
     302 Cameroon                            604 Lebanon                          449 St Christopher and Nevis
     306 Central African Republic (2)        395 Lesotho (2)                      465 St Lucia
     244 Chad (2)                            268 Liberia                          467 St Vincent
     512 Chile                               216  Libya                           224 Sudan (2)
     720 China                               370  Madagascar                      492 Surinam
     480 Colombia                            386  Malawi (2)                      393 Swaziland
     375 Comoros (2)                         701  Malaysia                        608 Syria
     318 Congo                               667  Maldives (2)                    352 Tanzania (2)
     436 Costa Rica                          232  Mali (2)                        680 Thailand
     448 Cuba                                228 Mauritania                       280 Togo (2)
     600 Cyprus                              373 Mauritius                        817 Tonga (2)
     338 Djibouti (2)                        412 Mexico                           472 Trinidad and Tobago
     460 Dominica                            204 Morocco                          212 Tunisia
     456 Dominican Republic                  366 Mozambique                       807 Tuvalu
     500 Ecuador                             803 Nauru                            350 Uganda (2)
     220 Egypt                               672  Nepal ( 2)                      647 United Arab Emirates
     428 El Salvador                         432  Nicaragua                       524 Uruguay
     310 Equatorial Guinea (2)               240  Niger (2)                       816 Vanuatu
     334 Ethiopia (2)                        288  Nigeria                         484 Venezuela
     815 Fiji                                652  North Yemen (2)                 690 Vietnam
     314 Gabon                               649 Oman                             048 Yugoslavia
     252 Gambia (2)                          662 Pakistan                         322 Zaire
     276 Ghana                               442 Panama                           378 Zambia
                                                                                382 Zimbabwe
     (')  The code number preceding the name of each beneficiary country or territory is that given in 'Geonomen
          clature ' ( Regulation ( EEC) No 3431 / 85 (OJ No L 326, 6 . 12 . 1985 , p. 17).
     Q    This country is also included in Annex IV.
 ---pagebreak--- 30 . 12 . 85                         Official Journal of the European Communities                           No L 352 / 247
                                           B. COUNTRIES AND TERRITORIES
             dependent or administered, or for whose external relations Member States of the Community or
                                         third countries are wholly or partly responsible
             808 American Oceania (')
             802 Australian Oceania (Christmas Island, Cocos (Keeling) Islands, Heard Island and McDon
                  ald Islands , Norfolk Island)
             413 Bermuda
             357  British Indian Ocean Territory
             463  Cayman Islands
             529  Falkland Islands and Falkland dependencies
             822  French Polynesia
             044 Gibraltar
             406 Greenland ( 2)
             740 Hong Kong
             743 Macao
             377 Mayotte
             476 Netherlands Antilles
             809 New Caledonia and dependencies
             814 New Zealand Oceania (Tokelau and Niue Islands ; Cook Islands)
             813 Pitcairn
             890 Polar regions ( French Southern and Antarctic Territories , Australian Antarctic Territories ,
                  British Antarctic Territories)
             329 St Helena and St Helena dependencies
             454 Turks and Caicos Islands
             457 Virgin Islands of the United States
             811 Wallis and Futuna Islands
             455 West Indies
              Note : The above lists may be amended subsequently to take account of changes in the inter
                     national status of countries or territories .
             (') American Oceania includes : Guam, American Samoa (including Swain 's Island), Midway
                 Islands , Johnston and Sand Islands , Wake Island and the Trust Territory of the Pacific
                 Islands ( the Caroline , Marianas and Marshall Islands).
             (2) As from the entry into force of the Treaty, signed in Brussels on 13 March 1984, amending the
                 treaties establishing the European Communities with regard to Greenland or of interim mea
                 sures agreed in the Council .
 ---pagebreak--- No L 352 / 248                    Official Journal of the European Communities                      30 . 12 . 85
                                                        ANNEX IV
                                       List of least-developed developing countries
            660 Afghanistan                                         386 Malawi
             666 Bangladesh                                         667 Maldives
             284 Benin                                              232 Mali
             675 Bhutan                                             672 Nepal
             391 Botswana                                           240 Niger
             236 Burkina Faso                                       652 North Yemen
             328 Burundi                                            247 Republic of Cape Verde
             306 Central African Republic                           324 Rwanda
             244 Chad                                               819 Western Samoa
             375 Comoros                                            311 Sao Tome and Principe
             338 Djibouti                                           355 Seychelles and dependencies
             310 Equatorial Guinea                                  264 Sierra Leone
             334 Ethiopia                                           342 Somalia
             252 Gambia                                             656 South Yemen
             260 Guinea                                             224  Sudan
             257 Guinea Bissau                                      352 Tanzania
             452 Haiti                                              280 Togo
             684 Laos                                               817 Tonga
             395 Lesotho                                            350 Uganda


title: Decision of the Representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council of 20 January 1976 establishing supervision for imports of certain products originating in Sweden (1976)

text:
24. 1 . 76                              Official Journal of the European Communities                           No L 16/37
                                                          DECISION
                OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER
                STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING
                                                   WITHIN THE COUNCIL
                                                      of 20 January 1976
                establishing supervision for imports of certain products originating in Sweden ( 1976)
                                                           (76/75/ECSC)
THE REPRESENTATIVES OF THE GOVERNMENTS                             The reaching of a ceiling shall be determined at
OF THE MEMBER STATES                  OF THE EUROPEAN              Community level on the basis of imports set off
COAL AND STEEL COMMUNITY, MEETING WITHIN
                                                                   against it in the manner defined in the preceding
THE COUNCIL,
                                                                   subparagraph.
In agreement with the Commission,
                                                                   The Member States shall periodically inform the
                                                                   Commission of imports effected in accordance with
HAVE DECIDED AS FOLLOWS :                                          the above rules ; such information shall be supplied
                                                                   under the conditions laid down in paragraph 4.
                            Article 1
                                                                   3 . As soon as the ceilings have been reached, the
1 . Imports of certain products originating in Sweden              Member States may, at the request of one of them
and indicated in Articles 1 and 2 of Protocol 1 to the             or of the Commission, reimpose, until the end of the
Agreement between the Member States of the Euro                   calendar year, each in respect of its own territory,
pean Coal and Steel Community and the European                     the customs duties applicable to third countries,
Coal and Steel Community, of the one part, and the                 adjusted, where appropriate, by the percentages laid
Kingdom of Sweden, of the other part, shall be                     down in Article 2 (e) of Protocol 1 to the Agreement
subject to annual indicative ceilings and to                       referred to in paragraph 1 .
Community supervision from 1 January to
31 December 1976 .
                                                                   4 . Member States shall forward to the Commission
The description of the products referred to in the                 not later than the 15th day of each month statements
preceding subparagraph, their tariff headings and                  of the amounts set off during the preceding month.
statistic numbers and the levels of the indicative                 They shall , if the Commission so requests, make up
ceilings are given in Council Regulation (EEC)                     such statements for periods of 10 days and forward
No 92/76 of 20 January 1976 establishing indicative                them within five clear days of expiry of the preceding
ceilings and Community supervision for imports of                  10-day period.
certain products originating in Sweden (*).
2. Amounts shall be set off against the indicative                                        Article 2
ceilings as and when products are submitted to the
customs authorities under cover of a declaration that
they have been made available for consumption and                   1 . Imports of products originating in Sweden which
are accompanied by a movement certificate conform                 are mentioned in Articles 1 and 2 of Protocol 1 to
ing to the rules contained in the Agreement referred               the Agreement and indicated in Annex II to
to in paragraph 1 .                                                Regulation ( EEC) No 92/76, shall be subject to
                                                                   Community supervision .
Goods shall be set off against the indicative ceiling
only if the movement certificate has been submitted
before      the  date    on   which    customs    duties  are      2 . Member States shall forward to the Commission
reimposed.                                                         not later than the 15th day of each month statements
                                                                   of imports of the products in question effected
                                                                   during the preceding month ; only products submitted
i 1 ) See page 25 of this Official Journal .                       to    the  customs   authorities under    cover  of  a
 ---pagebreak--- No L 16/38                        Official Journal of the European Communities                          24. 1 . 76
declaration that they are to be made available for                                 Article 4
consumption and accompanied by a movement
certificate conforming to the rules contained in             The Member States shall take all measures required
Protocol 3 to the Agreement shall be taken into              to implement this Decision.
consideration for this purpose.
                        Article 3
                                                             Done at Brussels, 20 January 1976.
For the implementation of this Decision the Member                                            The President
States shall take all necessary measures in close
cooperation with the Commission.                                                                G. THORN


title: Council Decision (CFSP) 2016/476 of 31 March 2016 amending Decision 2013/183/CFSP concerning restrictive measures against the Democratic People's Republic of Korea

text:
               1.4.2016

               EN

               Official Journal of the European Union

               L 85/38

         COUNCIL DECISION (CFSP) 2016/476
   of 31 March 2016
   amending Decision 2013/183/CFSP concerning restrictive measures against the Democratic People's Republic of Korea
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 22 April 2013, the Council adopted Decision 2013/183/CFSP (1) which, inter alia, implemented United Nations Security Council Resolutions (‘UNSCR’) 1718 (2006), 1874 (2009), 2087 (2013) and 2094 (2013).

               (2)

               On 2 March 2016, the UN Security Council adopted UNSCR 2270 (2016), expressing its gravest concern at the nuclear test conducted by the Democratic People's Republic of Korea (the ‘DPRK’) on 6 January 2016 in violation of the relevant UNSC Resolutions, further condemning the DPRK's launch of 7 February 2016, which used ballistic missile technology and was in serious violation of the relevant UNSC Resolutions, and determining that there continues to exist a clear threat to international peace and security in the region and beyond.

               (3)

               UNSCR 2270 (2016), expressing great concern that the DPRK's arms sales have generated revenues that are diverted to the pursuit of nuclear weapons and ballistic missiles, decides that the restrictions on arms should cover all arms and related materiel, including small arms and light weapons and their related materiel. UNSCR 2270 (2016) further extends prohibitions on the transfer and procurement of any items that could contribute to the development of the DPRK's operational capabilities of its armed forces, or to exports that support or enhance the operational capabilities of armed forces of another Member State outside the DPRK.

               (4)

               UNSCR 2270 (2016) specifies that the prohibition on the procurement of technical assistance related to arms prohibits Member States from engaging in the hosting of trainers, advisors, or other officials for the purpose of military-, paramilitary- or police-related training.

               (5)

               UNSCR 2270 (2016) affirms that the prohibitions on the transfer, procurement and provision of related technical assistance related to certain goods also apply with respect to the shipment of items to or from the DPRK for repair, servicing, refurbishing, testing, reverse-engineering and marketing, regardless of whether ownership or control is transferred, and underscores that the visa ban measures shall also apply to any individual travelling for the abovementioned purposes.

               (6)

               UNSCR 2270 (2016) extends the list of individuals and entities subject to asset freeze and visa ban measures and decides that the asset freeze shall apply with respect to entities of the Government of the DPRK or the Worker's Party of Korea, where the Member State determines that they are associated with the DPRK's nuclear or ballistic missile programmes or other activities prohibited by the relevant UNSC Resolutions.

               (7)

               UNSCR 2270 (2016), expressing concern that the DPRK is abusing the privileges and immunities accorded under the Vienna Conventions on Diplomatic and Consular Relations, further decides on additional measures aimed at preventing DPRK diplomats or Governmental representatives or individuals from third States from acting on behalf or at the direction of designated individuals or entities or from engaging in prohibited activities.

               (8)

               UNSCR 2270 (2016) further clarifies the scope of the obligation for Member States to prevent specialised training of DPRK nationals of certain sensitive disciplines.

               (9)

               UNSCR 2270 (2016) also expands the scope of the measures applicable to the transportation sector and financial sector.

               (10)

               UNSCR 2270 (2016) prohibits the procurement of certain minerals and the export of aviation fuel.

               (11)

               UNSCR 2270 (2016) further extends the prohibitions on the provision of financial support for trade with the DPRK.

               (12)

               UNSCR 2270 (2016) recalls that the Financial Action Task Force (FATF) has called upon countries to apply enhanced due diligence and effective countermeasures to protect their jurisdictions from the DPRK's illicit financial activity, and calls upon Member States to apply the FATF Recommendation 7, its Interpretative Note and related guidance to effectively implement targeted financial sanctions related to proliferation.

               (13)

               UNSCR 2270 (2016) also underlines that measures imposed thereby are not intended to have adverse humanitarian consequences for the civilian population of the DPRK or to affect negatively activities that are not prohibited by the relevant UNSC Resolutions, and the work of international organisations and non-governmental organisations carrying out assistance and relief activities in the DPRK for the benefit of the civilian population of the DPRK.

               (14)

               UNSCR 2270 (2016) expresses its commitment to a peaceful, diplomatic and political solution to the situation and reaffirms its support to the Six Party Talks and calls for their resumption.

               (15)

               UNSCR 2270 (2016) affirms that the DPRK's actions shall be kept under continuous review and that the UNSC is prepared to strengthen, modify, suspend or lift the measures as may be needed in light of the DPRK's compliance and it is determined to take further significant measures in the event of a further DPRK nuclear test or launch.

               (16)

               Further action by the Union is needed in order to implement certain measures provided for in this Decision.

               (17)

               Decision 2013/183/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2013/183/CFSP is amended as follows:

               (1)

               in Article 1(1), point (e) is replaced by the following:

                           ‘(e)

                           any other item that could contribute to the DPRK's nuclear or ballistic missile programmes or other weapons of mass destruction programmes, activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016) or by this Decision, or to the evasion of measures imposed by those UNSC Resolutions or by this Decision. The Union shall take the necessary measures in order to determine the relevant items to be covered by this provision.’;

               (2)

               in Article 1(1), the following point is added:

                           ‘(f)

                           any other item, except food or medicine, if the Member State determines that it could directly contribute to the development of the DPRK's operational capabilities of its armed forces, or to exports that support or enhance the operational capabilities of armed forces of another state outside the DPRK.’;

               (3)

               the following article is inserted:
               ‘Article 1a
               1.   The measures imposed by point (f) of Article 1(1) shall not apply to the supply, sale or transfer of an item, or its procurement, where:

                           (a)

                           the Member State determines that such activity is exclusively for humanitarian purposes or exclusively for livelihood purposes which will not be used by DPRK persons or entities to generate revenue, and also not related to any activity prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016) or this Decision, provided that the Member State notifies the Sanctions Committee in advance of such determination and also informs the Sanctions Committee of measures taken to prevent the diversion of the item for such other purposes; or

                           (b)

                           the Sanctions Committee has determined on a case-by-case basis that a particular supply, sale or transfer would not be contrary to the objectives of UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016).’;

               (4)

               the following article is inserted:
               ‘Article 2a
               The procurement from the DPRK by nationals of Member States, or using the flag vessels or aircraft of Member States, of gold, titanium ore, vanadium ore, and rare earth minerals, shall be prohibited, whether or not originating in the territory of the DPRK. The Union shall take the necessary measures in order to determine the relevant items to be covered by this provision.’;

               (5)

               the following articles are inserted:
               ‘Article 4a
               1.   The procurement from the DPRK by nationals of Member States, or using the flag vessels or aircraft of Member States, of coal, iron, and iron ore, shall be prohibited, whether or not originating in the territory of the DPRK. The Union shall take the necessary measures in order to determine the relevant items to be covered by this provision.
               2.   Paragraph 1 shall not apply with respect to coal that the procuring Member State confirms on the basis of credible information has originated outside the DPRK and was transported through the DPRK solely for export from the Port of Rajin (Rason), provided that the Member State notifies the Sanctions Committee in advance and such transactions are unrelated to generating revenue for the DPRK's nuclear or ballistic missile programmes or other activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016) or this Decision.
               3.   Paragraph 1 shall not apply with respect to transactions that are determined to be exclusively for livelihood purposes and unrelated to generating revenue for the DPRK's nuclear or ballistic missile programmes or other activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016) or this Decision.
               Article 4b
               1.   The sale or supply of aviation fuel, including aviation gasoline, naptha-type jet fuel, kerosene-type jet fuel, and kerosene-type rocket fuel to the DPRK by nationals of Member States or from the territories of Member States or using the flag vessels or aircraft of Member States, shall be prohibited whether or not originating in the territories of Member States.
               2.   Paragraph 1 shall not apply if the Sanctions Committee has approved in advance on an exceptional case-by-case basis the transfer to the DPRK of such products for verified essential humanitarian needs and subject to specified arrangements for effective monitoring of delivery and use.
               3.   Paragraph 1 shall not apply with respect to the sale or supply of aviation fuel to civilian passenger aircraft outside the DPRK exclusively for consumption during its flight to the DPRK and its return flight.’;

               (6)

               Article 5 is replaced by the following:
               ‘Article 5
               Member States shall not provide public and private financial support for trade with the DPRK, including the granting of export credits, guarantees or insurance, to their nationals or entities involved in such trade, where such financial support could contribute to the DPRK's nuclear-related, ballistic-missile-related or other weapons-of-mass-destruction-related programmes or activities, or other activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016) or by this Decision, or to the evasion of measures imposed by those UNSC Resolutions or by this Decision.’;

               (7)

               in Article 7, paragraph 1 is replaced by the following:
               ‘1.   In order to prevent the provision of financial services or the transfer to, through, or from the territory of Member States, or to or by nationals of Member States or entities organised under their laws, or persons or financial institutions within their jurisdiction, of any financial or other assets or resources, including bulk cash, that could contribute to the DPRK's nuclear-related, ballistic-missile-related or other weapons-of-mass-destruction-related programmes or activities, or other activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016) or by this Decision, or to the evasion of measures imposed by those UNSC Resolutions or by this Decision, Member States shall exercise enhanced monitoring, in accordance with their national authorities and legislation, of the activities of financial institutions within their jurisdiction with:

                           (a)

                           banks domiciled in the DPRK;

                           (b)

                           branches and subsidiaries within the jurisdiction of the Member States of banks domiciled in the DPRK, as listed in Annex IV;

                           (c)

                           branches and subsidiaries outside the jurisdiction of the Member States of banks domiciled in the DPRK, as listed in Annex V; and

                           (d)

                           financial entities that are neither domiciled in the DPRK nor within the jurisdiction of the Member States but are controlled by persons and entities domiciled in the DPRK, as listed in Annex V;

                     in order to avoid such activities contributing to the DPRK's nuclear-related, ballistic-missile-related or other weapons-of-mass-destruction-related programmes or activities.’;

               (8)

               Article 8 is replaced by the following:
               ‘Article 8
               1.   The opening of branches, subsidiaries, or representative offices of DPRK banks, including the Central Bank of DPRK, its branches and subsidiaries, and of other financial entities referred to in Article 7(1), in the territories of Member States shall be prohibited.
               2.   Existing branches, subsidiaries and representative offices shall be closed within 90 days from the adoption of UNSCR 2270 (2016).
               3.   It shall be prohibited for DPRK banks, including the Central Bank of DPRK, its branches and subsidiaries, and for other financial entities referred to in Article 7(1):

                           (a)

                           to establish new joint ventures with banks under the jurisdiction of Member States;

                           (b)

                           to take an ownership interest in banks under the jurisdiction of Member States;

                           (c)

                           to establish or maintain correspondent banking relationships with banks under the jurisdiction of Member States;

                     unless the transactions mentioned in paragraphs (a), (b) and (c) above have been approved by the Sanctions Committee in advance.
               4.   Existing joint ventures, ownership interests and correspondent banking relationships with DPRK banks shall be terminated within 90 days from the adoption of UNSCR 2270 (2016).
               5.   Financial institutions within the territories of Member States or under their jurisdiction shall be prohibited from opening representative offices, subsidiaries, branches or banking accounts in the DPRK.
               6.   Existing representative offices, subsidiaries or banking accounts in the DPRK shall be closed within 90 days from the adoption of UNSCR 2270 (2016), if the relevant Member State has credible information that provides reasonable grounds to believe that such financial services could contribute to the DPRK's nuclear or ballistic missile programmes, or other activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016).
               7.   Paragraph 6 shall not apply if the Sanctions Committee determines on a case-by-case basis that such offices, subsidiaries or accounts are required for the delivery of humanitarian assistance or the activities of diplomatic missions in the DPRK pursuant to the Vienna Convention on Diplomatic Relations or the activities of the United Nations or its specialised agencies or related organisations, or for any other purposes consistent with UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016).’;

               (9)

               in Article 10, paragraph 1 is replaced by the following:
               ‘1.   Member States shall inspect, in accordance with their national authorities and legislation and consistent with international law, including the Vienna Conventions on Diplomatic and Consular Relations, all cargo to and from the DPRK in their territory, or transiting through their territory, including at their airports, seaports and free trade zones, or cargo brokered or facilitated by the DPRK or DPRK nationals, or persons or entities acting on their behalf or at their direction, or entities owned or controlled by them, or by persons or entities listed in Annex I, or cargo that is being transported on DPRK-flagged aircraft or maritime vessels, for the purposes of ensuring that no items are transferred in violation of UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) and 2270 (2016).’;

               (10)

               in Article 10, the following paragraph is inserted:
               ‘1a.   Member States shall inspect, in accordance with their national authorities and legislation and consistent with international law, including the Vienna Conventions on Diplomatic and Consular Relations, all cargo to and from the DPRK in their territory, or transiting through their territory, or cargo brokered or facilitated by the DPRK or DPRK nationals, or persons or entities acting on their behalf, including at their airports and seaports, if they have information that provides reasonable grounds to believe that the cargo contains items whose supply, sale, transfer or export is prohibited under this Decision.’;

               (11)

               Article 11 is replaced by the following:
               ‘Article 11
               1.   Member States shall deny permission to land in, take off from or overfly their territory to any aircraft, if they have information that provides reasonable grounds to believe that the cargo contains items whose supply, sale, transfer or export is prohibited under UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016) or under this Decision.
               2.   Paragraph 1 shall not apply in the case of an emergency landing or under the condition of landing for inspection.’;

               (12)

               the following article is inserted:
               ‘Article 11a
               1.   Member States shall prohibit the entry into their ports of any vessel, if they have information that provides reasonable grounds to believe that the vessel is owned or controlled, directly or indirectly, by a person or entity listed in Annex I, or contains cargo whose supply, sale, transfer or export is prohibited under UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016).
               2.   Paragraph 1 shall not apply in the case of emergency or in the case of return to its port of origination, or for inspection or if the Sanctions Committee determines in advance that such entry is required for humanitarian purposes or any other purposes consistent with the objectives of UNSCR 2270 (2016).’;

               (13)

               the following articles are inserted:
               ‘Article 12a
               1.   It shall be prohibited to lease or charter flagged vessels or aircraft or provide crew services to the DPRK, any persons or entities listed in Annex I, any other DPRK entities, any other persons or entities whom the Member State determines to have assisted in the evasion of sanctions or in violating the provisions of UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016), any persons or entities acting on behalf or at the direction of any of the aforementioned, and any entities owned or controlled by any of the aforementioned.
               2.   Paragraph 1 shall not apply to the leasing, chartering or provision of crew services provided that the relevant Member State has notified the Sanctions Committee in advance on a case-by-case basis and has provided the Sanctions Committee with the information demonstrating that such activities are exclusively for livelihood purposes which will not be used by DPRK persons or entities to generate revenue, and information on measures taken to prevent such activities from contributing to violations of the provisions of UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016).
               Article 12b
               Member States shall de-register any vessel that is owned, operated or crewed by the DPRK and shall not register any such vessel that is de-registered by another state pursuant to paragraph 19 of UNSCR 2270 (2016).
               Article 12c
               1.   It shall be prohibited to register vessels in the DPRK, obtain authorisation for a vessel to use the DPRK flag, or to own, lease, operate, or provide any vessel classification, certification or associated service, or insure any vessel flagged by the DPRK.
               2.   Paragraph 1 shall not apply to activities notified in advance to the Sanctions Committee on a case-by-case basis, provided that the relevant Member State has provided the Sanctions Committee with detailed information on the activities, including the names of persons and entities involved in them, information demonstrating that such activities are exclusively for livelihood purposes which will not be used by DPRK persons or entities to generate revenue and information on measures taken to prevent such activities from contributing to violations of UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016).’;

               (14)

               in Article 13, paragraphs 1 and 2 are replaced by the following:
               ‘1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of:

                           (a)

                           the persons designated by the Sanctions Committee or by the Security Council as being responsible for, including through supporting or promoting, the DPRK's policies in relation to its nuclear-related, ballistic-missile-related or other weapons-of-mass-destruction-related programmes, together with their family members, or persons acting on their behalf or at their direction, as listed in Annex I;

                           (b)

                           the persons not covered by Annex I, as listed in Annex II:

                                       (i)

                                       who are responsible for, including through supporting or promoting, the DPRK's nuclear-related, ballistic-missile-related or other weapons-of-mass-destruction-related programmes or persons acting on their behalf, or at their direction;

                                       (ii)

                                       who provide financial services or the transfer to, through, or from the territory of Member States, or involving nationals of Member States or entities organised under their laws, or persons or financial institutions in their territory, of any financial or other assets or resources that could contribute to the DPRK's nuclear-related, ballistic-missile-related or other weapons-of-mass-destruction-related programmes;

                                       (iii)

                                       who are involved in, including through the provision of financial services, the supply to or from the DPRK of arms and related material of all types, or the supply to the DPRK of items, materials, equipment, goods and technology which could contribute to the DPRK's nuclear-related, ballistic-missile-related or other weapons-of-mass-destruction-related programmes;

                           (c)

                           the persons not covered by Annex I or Annex II working on behalf or at the direction of a person or entity listed in Annex I or Annex II or persons assisting the evasion of sanctions or violating the provisions of UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016) or of this Decision, as listed in Annex III to this Decision.

                     2.   Point (a) of paragraph 1 shall not apply where the Sanctions Committee determines on a case-by-case basis that such travel is justified on the grounds of humanitarian need, including religious obligations, or where the Sanctions Committee concludes that an exemption would otherwise further the objectives of UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016).’;

               (15)

               the following articles are inserted:
               ‘Article 14a
               1.   Member States shall expel DPRK diplomats, government representatives or other DPRK nationals acting in a governmental capacity whom they determine are working on behalf of, or at the direction of, a person or entity listed in Annex I, or of an individual or entities assisting in the evasion of sanctions or violating the provisions of UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), or 2270 (2016), from their territories for the purpose of repatriation to the DPRK, consistent with applicable national and international law.
               2.   Paragraph 1 shall not apply in case of transit of representatives of the Government of the DPRK to the United Nations Headquarters or other UN facilities to conduct United Nations business.
               3.   Paragraph 1 shall not apply where the presence of a person is required for fulfilment of a judicial process or exclusively for medical, safety or other humanitarian purposes, or the Sanctions Committee has determined on a case-by-case basis that the expulsion of the individual would be contrary to the objectives of UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) and 2270 (2016).
               Article 14b
               1.   Member States shall expel nationals of third countries whom they determine are working on behalf of, or at the direction of a person or entity listed in Annex I, or assisting the evasion of sanctions or violating the provisions of UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), or 2270 (2016), from their territories for the purpose of repatriation to the individual's state of nationality, consistent with applicable national and international law.
               2.   Paragraph 1 shall not apply where the presence of a person is required for fulfilment of a judicial process or exclusively for medical, safety or other humanitarian purposes, or the Sanctions Committee has determined on a case-by-case basis that the expulsion of the individual would be contrary to the objectives of UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) and 2270 (2016).
               3.   Paragraph 1 shall not apply in case of transit of representatives of the Government of the DPRK to the United Nations Headquarters or other UN facilities to conduct United Nations business.’;

               (16)

               in Article 15(1), point (c) is replaced by the following:

                           ‘(c)

                           the persons and entities not covered by Annex I or Annex II working on behalf or at the direction of a person or entity listed in Annex I or Annex II or persons assisting the evasion of sanctions or violating the provisions of UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016) or of this Decision, as listed in Annex III to this Decision.’;

               (17)

               in Article 15(1), the following point is inserted:

                           ‘(d)

                           the entities of the Government of the DPRK or the Worker's Party of Korea, or by persons or entities acting on their behalf or at their direction, or by entities owned or controlled by them, that the Member State determines are associated with the DPRK's nuclear or ballistic missile programmes or other activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016) shall be frozen.’;

               (18)

               the following Articles are inserted:
               ‘Article 15a
               Point (d) of Article 15(1) shall not apply with respect to funds, other financial assets and economic resources that are required to carry out activities of the DPRK's missions to the United Nations and its specialised agencies and related organisations or other diplomatic and consular missions of the DPRK, and to any funds, other financial assets and economic resources that the Sanctions Committee determines in advance on a case-by-case basis are required for the delivery of humanitarian assistance, denuclearisation or any other purpose consistent with the objectives of UNSCR 2270 (2016).
               Article 15b
               1.   Representative offices of entities listed in Annex I shall be closed.
               2.   The direct or indirect participation in joint ventures or any other business arrangements by entities listed in Annex I, as well as persons or entities acting for or on their behalf, is prohibited.’;

               (19)

               Article 16 is replaced by the following:
               ‘Article 16
               Member States shall take the necessary measures to exercise vigilance and prevent specialised teaching or training of DPRK nationals, within their territories or by their nationals, of disciplines which would contribute to the DPRK's proliferation-sensitive nuclear activities and the development of nuclear weapon delivery systems, including teaching or training in advanced physics, advanced computer simulation and related computer sciences, geospatial navigation, nuclear engineering, aerospace engineering, aeronautical engineering and related disciplines.’;

               (20)

               Article 17 is replaced by the following:
               ‘Article 17
               Member States shall, in accordance with international law, exercise enhanced vigilance over DPRK diplomatic personnel so as to prevent such individuals from contributing to the DPRK's nuclear or ballistic missile programmes, or other activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) and 2270 (2016) or by this Decision, or to the evasion of measures imposed by those UNSC Resolutions or by this Decision.’;

               (21)

               Article 18 is replaced by the following:
               ‘Article 18
               No claims, including for compensation or indemnification or any other claim of this kind, such as a claim of set-off, fines or a claim under a guarantee, claims for extension or payment of a bond, financial guarantee, including claims arising from letters of credit and similar instruments, in connection with any contract or transaction the performance of which was affected, directly or indirectly, wholly or in part, by reason of measures decided on pursuant to UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) and 2270 (2016), including measures of the Union or any Member State in accordance with, as required by or in any connection with, the implementation of the relevant decisions of the Security Council or measures covered by this Decision, shall be granted to the designated persons or entities listed in Annexes I, II or III, or any other person or entity in the DPRK, including the Government of the DPRK, its public bodies, corporations and agencies, or any person or entity claiming through or for the benefit of any such person or entity.’.

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

      Done at Brussels, 31 March 2016.

            For the Council

            The President

         A.G. KOENDERS

      (1)  Council Decision 2013/183/CFSP of 22 April 2013 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Decision 2010/800/CFSP (OJ L 111, 23.4.2013, p. 52).


title: 2008/990/EC: Decision of the European Central Bank of 11 December 2008 on the approval of the volume of coin issuance in 2009 (ECB/2008/20)

text:
               31.12.2008

               EN

               Official Journal of the European Union

               L 352/58

      DECISION OF THE EUROPEAN CENTRAL BANK

   of 11 December 2008
   on the approval of the volume of coin issuance in 2009
   (ECB/2008/20)
   (2008/990/EC)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty establishing the European Community, and in particular Article 106(2) thereof,
   Having regard to Council Decision 2008/608/EC of 8 July 2008 in accordance with Article 122(2) of the Treaty on the adoption by Slovakia of the single currency on 1 January 2009 (1), and in particular Article 1 thereof,
   Whereas:

               (1)

               The European Central Bank (ECB) has the exclusive right from 1 January 1999 to approve the volume of coins issued by the Member States that have adopted the euro (hereinafter the ‘participating Member States’).

               (2)

               The derogation in favour of Slovakia referred to in Article 4 of the 2003 Act of Accession has been abrogated with effect from 1 January 2009.

               (3)

               The 15 current participating Member States and Slovakia have submitted to the ECB for approval their estimates of the volume of euro coins to be issued in 2009, supplemented by explanatory notes on the forecasting methodology,

         HAS ADOPTED THIS DECISION:
   Article 1
   Approval of the volume of euro coins to be issued in 2009
   The ECB hereby approves the volume of euro coins to be issued by the participating Member States in 2009 as described in the following table:

               (EUR million)

               Issuance of coins intended for circulation and issuance of collector coins (not intended for circulation) in 2009

               Belgium

               105,4

               Germany

               632,0

               Ireland

               65,5

               Greece

               85,7

               Spain

               390,0

               France

               252,5

               Italy

               234,3

               Cyprus

               22,5

               Luxembourg

               42,0

               Malta

               15,4

               Netherlands

               68,5

               Austria

               216,0

               Portugal

               50,0

               Slovenia

               27,0

               Slovakia

               131,0

               Finland

               60,0

         Article 2
   Final provision
   This Decision is addressed to the participating Member States.

      Done at Frankfurt am Main, 11 December 2008.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  OJ L 195, 24.7.2008, p. 24.


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31996D0428

96/428/EC: Council Decision of 25 June 1996 on acceptance by the Community of the Agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas

Official Journal L 177 , 16/07/1996 P. 0024 - 0025

COUNCIL DECISION of 25 June 1996 on acceptance by the Community of the Agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas (96/428/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof, in conjunction with the first sentence of Article 228 (2) and with the first subparagraph of Article 228 (3),Having regard to the proposal from the Commission (1),Having regard to the opinion of the European Parliament (2),Whereas international cooperation is essential to ensure the conservation and the rational, responsible and sustainable utilization of the biological resources of the high seas;Whereas the Community has signed the United Nations Convention on the Law of the Sea, which obliges all members of the international community to cooperate in the conservation and management of the biological resources of the high seas;Whereas, as regards maritime fishing, the Community has the authority to adopt fishery resource conservation and management measures and to conclude agreements in this field with third countries or international organizations, as set out in the Declaration of Competence which the Community submitted at the time it joined the Food and Agriculture Organization of the United Nations;Whereas the practice of requesting the allocation or change of flag by flying vessels in order to circumvent international measures for the conservation and management of living marine resources should be discouraged;Whereas each Member State must therefore meet its responsibilities to ensure that the fishing vessels authorized to fly its flag comply with international conservation and management measures by appropriate and effective means coordinated at international level;Whereas to that end the Community took part in international negotiations which culminated in the approval by the conference of the Food and Agriculture Organization of the United Nations at its twenty-seventh session in November 1993 of the Agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas;Whereas that Agreement is a useful framework for strengthening international cooperation to ensure that the effectiveness of international conservation and management measures is not undermined;Whereas that Agreement will form an integral part of the International Code of Conduct for Responsible Fishing called for in the Declaration of Cancún of May 1992;Whereas Community fishermen fish on the high seas and it is therefore in the Community's interest to accept that Agreement,HAS DECIDED AS FOLLOWS:Article 1 The European Community hereby accepts the Agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas.The text of the Agreement is attached to this Decision.Article 2 The President of the Council shall designate the person authorized to lodge the instrument of acceptance with the Director-General of the Food and Agriculture Organization of the United Nations in accordance with Article X (2) of the Agreement.Done at Luxembourg, 25 June 1996.For the CouncilThe PresidentM. PINTO(1) OJ No C 229, 18. 8. 1994, p. 10.(2) OJ No C 18, 23. 1. 1995, p. 438.


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31991D0170

91/170/EEC: Council Decision of 25 March 1991 concerning the conclusion of a cooperation agreement between the European Economic Community and the Republic of Iceland on a programme plan to stimulate the international cooperation and interchange needed by European research scientists (Science)

Official Journal L 084 , 04/04/1991 P. 0016

COUNCIL DECISION  of 25 March 1991  concerning the conclusion of a cooperation agreement between the European Economic Community and the Republic of Iceland on a programme plan to stimulate the international cooperation and interchange needed by  European research scientists (Science)  (91/170/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 130 q (2) thereof,  Having regard to the proposal from the Commission (1),  In cooperation with the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas by Decision 88/419/EEC (4), the Council adopted a programme plan to stimulate the international cooperation and interchange needed by European research scientists (Science, 1988 to 1992); whereas Article 5 of that Decision authorizes the  Commission to negotiate agreements with third countries and in particular with those European countries having concluded framework agreements for scientific and technical cooperation with the Community with a view to associating them wholly or partly  with the programme plan;  Whereas by Decision 90/23/EEC (5), the Council approved the conclusion on behalf of the European Economic Community of the framework agreement for scientific and technical cooperation between the European Communities and the Republic of Iceland;  Whereas the cooperation agreement between the European Economic Community and the Republic of Iceland on a programme plan to stimulate the international cooperation and interchange needed by European research scientists (Science) should be approved,  HAS DECIDED AS FOLLOWS:  Article 1  The cooperation agreement between the European Economic Community and the Republic of Iceland on a programme plan to stimulate the international cooperation and interchange needed by European research scientists (Science), is hereby approved  on behalf of the Community.  The text of the agreement is attached to this Decision.  Article 2  The President of the Council shall, on behalf of the Community, carry out the notification as provided for in Article 11 of the Agreement. Done at Brussels, 25 March 1991. For the Council  The President  R. STEICHEN  (1) OJ No C 181, 21. 7. 1990, p. 15.  (2) OJ No C 324, 24. 12. 1990, and Decision of 20 February 1991 (not yet published in the Official Journal).  (3) OJ No C 31, 6. 2. 1991, p. 39.  (4) OJ No L 206, 30. 7. 1988, p. 34.  (5) OJ No L 14, 18. 1. 1990, p. 18.


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32003D0461

2003/461/CFSP: Council Decision 2003/461/CFSP of 20 June 2003 implementing Common Position 2003/297/CFSP on Burma/Myanmar

Official Journal L 154 , 21/06/2003 P. 0116 - 0123

Council Decision 2003/461/CFSPof 20 June 2003implementing Common Position 2003/297/CFSP on Burma/MyanmarTHE COUNCIL OF THE EUROPEAN UNION,Having regard to Common Position 2003/297/CFSP of 28 April 2003 on Burma/Myanmar(1) and in particular Articles 8 and 9 thereof, in conjunction with Article 23(2) of the Treaty on European Union,Whereas:(1) In accordance with Article 9 of Common Position 2003/297/CFSP, the extension of certain sanctions set out therein as well as the prohibitions set out in Article 2(2) of that Common Position were suspended until 29 October 2003 unless the Council decides otherwise.(2) In view of the further deterioration of the political situation in Burma/Myanmar, in particular the arrest of Aung San Suu Kyi and other senior NLD members and the closure of NLD offices, the Council has decided to extend the scope of the visa ban and assets freeze to include further members of the military regime, the military and security forces, the military regime's economic interests and other individuals, groups, undertakings or entities associated with the military regime who formulate, implement or benefit from policies that impede Burma/Myanmar's transition to democracy and their families and associates. The Council has also decided to enforce the prohibition on technical training or assistance related to the provision, manufacture, maintenance or use of arms, munitions and military equipment,HAS DECIDED AS FOLLOWS:Article 1The list of persons set out in the Annex to Common Position 2003/297/CFSP is hereby replaced by the list set out in the Annex.Article 2The suspension of the provisions of Article 2(2) of Common Position 2003/297/CFSP, as provided for in Article 9(b) of that Common Position, is hereby lifted.Article 3This Decision shall take effect on the date of its adoption.Article 4This Decision shall be published in the Official Journal of the European Union.Done at Brussels, 20 June 2003.For the CouncilThe PresidentG. Papandreou(1) OJ L 106, 29.4.2003, p. 36.ANNEXList of persons referred to in Article 1A. State Peace and Development Council (SPDC)>TABLE>B. Former members of SLORC and SPDC1. Lt-Gen. Phone Myint (5.1.1931)2. Lt-Gen. Aung Ye Kyaw (12.12.1930)3. Lt-Gen. Chit Swe (18.1.1932)4. Lt-Gen. Mya Thin (31.12.1931)5. Lt-Gen. Kyaw Ba (7.6.1932)6. Lt-Gen. Tun Kyi (1.5.1938)7. Lt-Gen. Myo Nyunt (30.9.1930)8. Lt-Gen. Maung Thint (25.8.1932)9. Lt-Gen. Aye Thoung (13.3.1930)10. Lt-Gen. Kyaw Min (22.6.1932, Hanzada)11. Lt-Gen. Maung Hla12. Maj-Gen. Soe Myint13. Commodore Nyunt Thein14. Maj-Gen. Kyaw Than (14.6.1941, Bago)C. Regional Commanders>TABLE>D. Deputy Regional Commanders>TABLE>E. Other State/Divisional Commanders>TABLE>F. Ministers>TABLE>G. Deputy Ministers>TABLE>H. Former Members of Government>TABLE>I. Other tourism related appointments>TABLE>J. Ministry of Defence Senior Officers>TABLE>K. Members of the Office of the Chief of Military Intelligence (OCMI)>TABLE>L. Military officers running prisons and police>TABLE>M. United Solidarity and Development Association (USDA)>TABLE>N. Persons who benefit from Government economic policies>TABLE>O. State economic enterprises>TABLE>