title: 2006/844/EC: Decision of the European Parliament of 27 April 2006 on the discharge for the implementation of the budget of the European Aviation Safety Agency for the financial year 2004

text:
               6.12.2006

               EN

               Official Journal of the European Union

               L 340/128

      DECISION OF THE EUROPEAN PARLIAMENT

   of 27 April 2006
   on the discharge for the implementation of the budget of the European Aviation Safety Agency for the financial year 2004
   (2006/844/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Aviation Safety Agency for the financial year 2004 (1),

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Aviation Safety Agency for the financial year 2004, together with the Agency's replies (2),

               —

               having regard to the Council's recommendation of 14 March 2006 (5972/2006 — C6-0093/2006),

               —

               having regard to the EC Treaty, and in particular Article 276 thereof,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,

               —

               having regard to Regulation (EC) No 1592/2002 of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency (4), and in particular Article 49 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

               —

               having regard to Rule 71 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A6-0104/2006),

               1.

               Grants discharge to the Executive Director of the European Aviation Safety Agency for the implementation of the Agency's budget for the financial year 2004;

               2.

               Sets out its comments in the resolution below;

               3.

               Instructs its President to forward this decision and the resolution that forms an integral part of it to the Executive Director of the European Aviation Safety Agency, the Council, the Commission and the Court of Auditors and to have them published in the Official Journal of the European Union (L series).

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ C 269, 28.10.2005, p. 5.

      (2)  OJ C 332, 28.12.2005, p. 1.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 240, 7.9.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 1701/2003 (OJ L 243, 27.9.2003, p. 5).

      (5)  OJ L 357, 31.12.2002, p. 72. Regulation as amended by Regulation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3).


Avis juridique important

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31996D0154

96/154/EC: Council Decision of 22 November 1993 concerning the conclusion of the Agreement in the form of an exchange of letters between the European Community and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation relating to the amendment of the Convention of 20 May 1987 on the simplification of formalities in trade in goods

Official Journal L 036 , 14/02/1996 P. 0024 - 0024

COUNCIL DECISION of 22 November 1993 concerning the conclusion of the Agreement in the form of an exchange of letters between the European Community and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation relating to the amendment of the Convention of 20 May 1987 on the simplification of formalities in trade in goods (96/154/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof,Having regard to the proposal from the Commission,Whereas Article 11 (2) of the Convention between the European Economic Community and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation on the simplification of formalities in trade in goods (1) empowers the Joint Committee set up by that Convention to make recommendations for amendments to the Convention;Whereas the Convention has been amended to allow for the accession of new Contracting Parties;Whereas the amendments in question are set out in recommendation No 1/93 of the Joint Committee; whereas the Agreement in the form of an exchange of letters relating to that recommendation should be approved,HAS DECIDED AS FOLLOWS:Article 1 The Agreement in the form of an exchange of letters between the European Community and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation relating to the amendment of the Convention of 20 May 1987 on the simplification of formalities in trade in goods is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2 The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community.Done at Brussels, 22 November 1993.For the CouncilThe PresidentPh. MAYSTADT(1) OJ No L 134, 22. 5. 1987, p. 2.


title: 2006/75/EC: Council Decision of  30 January 2006  amending and extending Decision 2001/923/EC establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (the  Pericles  programme)

text:
               8.2.2006

               EN

               Official Journal of the European Union

               L 36/40

      COUNCIL DECISION

   of 30 January 2006
   amending and extending Decision 2001/923/EC establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (the ‘Pericles’ programme)
   (2006/75/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular the third sentence of Article 123(4) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Having regard to the opinion of the European Central Bank (2),
   Whereas:

               (1)

               In accordance with Article 13(3)(a) of Council Decision 2001/923/EC (3), the Commission is to send to the European Parliament and to the Council by 30 June 2005 a report, which shall be independent of the programme manager, evaluating the relevance, the efficiency and the effectiveness of the programme and a communication on whether this programme should be continued and adapted, accompanied by an appropriate proposal.

               (2)

               The evaluation report provided for in Article 13 of that Decision was issued on 30 November 2004. It concludes that the programme has been achieving its objectives and recommends that the programme be continued.

               (3)

               A financial reference amount, within the meaning of point 34 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (4) is included in the Decision for the entire duration of the programme, without thereby affecting the powers of the budgetary authority as they are defined by the Treaty.

               (4)

               The continuation of the programme reflects the need for continuing vigilance, training and technical assistance necessary to sustain the protection of the euro against counterfeiting.

               (5)

               The efficiency of the programme in protecting the euro could be enhanced if the technical support were enlarged also to provide, with the involvement of Europol, for financial support for cooperation in cross-border operations and it could benefit, in duly justified cases, from greater flexibility in the proportion of the costs the Community may bear and in the number of projects one Member State may present.

               (6)

               Decision 2001/923/EC should therefore be amended accordingly,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Amendments
   Decision 2001/923/EC is hereby amended as follows:

               1.

               the last sentence of Article 1(2) shall be replaced by the following:
               ‘It shall run from 1 January 2002 to 31 December 2006.’;

               2.

               the following point shall be added to Article 2(2):

                           ‘(e)

                           an aim to publish the results achieved, as part of the exchange of information, experience and good practices.’;

               3.

               the following point shall be added to Article 3(3):

                           ‘(d)

                           on a secondary basis financial support for cooperation in cross-border operations when such support is not available from other European institutions and bodies.’;

               4.

               the first subparagraph of Article 6 shall be replaced by the following:
               ‘The financial reference amount for the implementation of the Community action programme for the period from 1 January 2002 to 31 December 2005 shall be EUR 4 million.
               The financial reference amount for the implementation of the Community action programme for the period from 1 January 2006 to 31 December 2006 shall be EUR 1 million.’;

               5.

               in Article 10(1), the introductory phrase shall be replaced by the following:
               ‘The Community shall, in duly justified cases, bear up to 80 % of the cost of the operational support referred to in Article 3 by way of co-financing, in particular:’;

               6.

               in Article 11 ‘70 %’ shall be replaced by ‘80 %’;

               7.

               Article 12 shall be amended as follows:

                           (a)

                           the second subparagraph of paragraph 1 shall be replaced by the following:
                           ‘Member States may present one or, exceptionally, two projects a year concerning the workshops, meetings and seminars referred to in the second subparagraph of Article 3(2). Projects in connection with placements, exchanges or assistance may also be presented.’;

                           (b)

                           the following subparagraph shall be added to paragraph 1:
                           ‘In case more than one proposal are presented by one Member State, coordination is carried out by the national competent authority defined in Article 2(b) fourth indent of Regulation (EC) No 1338/2001.’;

                           (c)

                           in paragraph 2, point (e) shall be replaced by the following:

                                       ‘(e)

                                       the intrinsic quality of the project in terms of its conception, organisation, presentation, objectives and cost-effectiveness ratio’;

                           (d)

                           the following point shall be added in paragraph 2:

                                       ‘(h)

                                       compatibility with work being carried out or planned as part of EU action in the field of combating currency counterfeiting’.

         Article 2
   Applicability
   This Decision shall have effect in the participating Member States as defined in the first indent of Article 1 of Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro (5).
   Article 3
   Entry into force
   This Decision shall take effect on the day of its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2006.

      Done at Brussels, 30 January 2006.

            For the Council

            The President

         U. PLASSNIK

      (1)  Opinion delivered on 13 October 2005 following non-compulsory consultation (not yet published in the Official Journal).

      (2)  OJ C 161, 1.7.2005, p. 11.

      (3)  OJ L 339, 21.12.2001, p. 50.

      (4)  OJ C 172, 18.6.1999, p. 1.

      (5)  OJ L 139, 11.5.1998, p. 1. Regulation as last amended by Regulation (EC) No 2169/2005 (OJ L 346, 29.12.2005, p. 1).


Avis juridique important

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31980D0910

80/910/EEC: Council Decision of 23 September 1980 replacing an alternate member of the Advisory Committee on Freedom of Movement for Workers

Official Journal L 259 , 02/10/1980 P. 0033

****( 1 ) OJ NO L 257 , 19 . 10 . 1968 , P . 2 .    COUNCIL DECISION   OF 23 SEPTEMBER 1980   REPLACING AN ALTERNATE MEMBER OF THE ADVISORY COMMITTEE ON FREEDOM OF MOVEMENT FOR WORKERS  ( 80/910/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1612/68 OF 15 OCTOBER 1968 ON FREEDOM OF MOVEMENT OF WORKERS WITHIN THE COMMUNITY ( 1 ), AND IN PARTICULAR ARTICLE 27 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 17 MARCH 1980 APPOINTING FOR THE PERIOD ENDING ON 16 MARCH 1982 , MEMBERS AND ALTERNATE MEMBERS TO THE ADVISORY COMMITTEE ON FREEDOM OF MOVEMENT FOR WORKERS ,   WHEREAS FOLLOWING THE RESIGNATION OF MR JENSEN , OF WHICH THE COUNCIL WAS NOTIFIED ON 1 SEPTEMBER 1980 , AN ALTERNATE MEMBER ' S SEAT HAS FALLEN VACANT ON THE ABOVEMENTIONED COMMITTEE ON THE WORKERS '  REPRESENTATIVES CATEGORY ;   HAVING REGARD TO THE NOMINATION SUBMITTED ON 12 SEPTEMBER 1980 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR PREBEN KARLSEN IS HEREBY APPOINTED AN ALTERNATE MEMBER OF THE ADVISORY COMMITTEE ON FREEDOM OF MOVEMENT FOR WORKERS IN PLACE OF MR JENSEN FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE , WHICH RUNS UNTIL 16 MARCH 1982 .   DONE AT BRUSSELS , 23 SEPTEMBER 1980 .   FOR THE COUNCIL   THE PRESIDENT   J . SANTER


title: 2012/510/EU: Council Decision of 10 July 2012 establishing the position to be adopted on behalf of the European Union with regard to the amendments to Annexes II and III to the Protocol concerning Specially Protected Areas and Biological Diversity in the Mediterranean of the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean, adopted by the seventeenth meeting of the Contracting Parties (Paris, France, 8 - 10 February 2012 )

text:
               22.9.2012

               EN

               Official Journal of the European Union

               L 256/1

         COUNCIL DECISION
   of 10 July 2012
   establishing the position to be adopted on behalf of the European Union with regard to the amendments to Annexes II and III to the Protocol concerning Specially Protected Areas and Biological Diversity in the Mediterranean of the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean, adopted by the seventeenth meeting of the Contracting Parties (Paris, France, 8-10 February 2012)
   (2012/510/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1), in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Union is a Contracting Party to the Convention for the Protection of the Mediterranean Sea against Pollution, subsequently renamed Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (1) (‘the Barcelona Convention’) and a Party to the Protocol concerning specially protected areas and biological diversity in the Mediterranean and the annexes thereto (2) (‘the Protocol’). Annex II to the Protocol contains the list of endangered and threatened species and Annex III to the Protocol contains the list of species whose exploitation is regulated.

               (2)

               In accordance with Article 18 of the Barcelona Convention, the meeting of the Contracting Parties is the decision-making body of the Convention, and the powers conferred upon it include the capacity to amend the annexes to the Convention and to its protocols, as required. In accordance with Article 23(2) of the Barcelona Convention and Article 14(1) of the Protocol, an amendment to the Annexes to the Protocol shall become effective for all Contracting Parties to the Protocol on the expiry of a period determined by the respective Contracting Parties when adopting the amendment, except for those that have notified in writing the Depositary that they are unable to approve the amendment within this period of time.

               (3)

               On 8 February 2012, the Commission transmitted to the Council a Proposal for a Council Decision establishing the position to be adopted on behalf of the European Union with regard to the proposals for amending Annexes II and III to the Protocol concerning Specially Protected Areas and Biological Diversity in the Mediterranean of the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean at the seventeenth meeting of the Contracting Parties (Paris, 8-10 February 2012). Due to the timing of the arrival of the Commission proposal, the Council was not able to consider it or act upon it prior to the Meeting of the Contracting Parties and hence the Union position and interests could not be expressed or defended in a timely and appropriate manner.

               (4)

               The seventeenth meeting of the Contracting Parties to the Barcelona Convention and its Protocols adopted amendments to Annexes II and III to the Protocol by Decision IG.20/5 to provide for greater protection to ten shark species.

               (5)

               In accordance with Article 23(2)(vi) of the Barcelona Convention, an amendment to the Annexes becomes effective for all Contracting Parties on the expiry of a period determined by the Contracting Parties concerned when adopting the amendment, except for those Contracting Parties which notify the Depository that they are unable to approve the amendment. The seventeenth meeting of the Contracting Parties determined this period to be 180 days; the deadline for submitting a notification expires on 8 August 2012. The Union should therefore communicate to the Depositary of the Protocol the amendments it does not approve within that deadline.

               (6)

               The amendments to the Protocol would not require any change in Union law.

               (7)

               The amendments on the addition of ten species to Annex II and their corresponding deletion from Annex III, adopted by the seventeenth meeting of the Contracting Parties, are scientifically sound, consistent with Union legislation and with the Union’s commitment to international cooperation for the protection of biodiversity, and in accordance with both Article 5 of the UN Convention on Biological Diversity (3) and the target agreed at the Conference of the Parties to that Convention in 2010 to significantly reduce the current rate of biodiversity loss by 2020. The Union should therefore approve these amendments,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Union shall approve the amendments to add the following species to Annex II to the Protocol and to delete them from Annex III:

               (a)

                  Galeorhinus galeus (Linnaeus, 1758);

               (b)

                  Isurus oxyrinchus (Rafinesque, 1810);

               (c)

                  Lamna nasus (Bonnaterre, 1788);

               (d)

                  Leucoraja circularis (Couch, 1838);

               (e)

                  Leucoraja melitensis (Clark, 1926);

               (f)

                  Rhinobatos cemiculus (Saint-Hilaire, 1817);

               (g)

                  Rhinobatos rhinobatos (Linnaeus, 1758);

               (h)

                  Sphyrna lewini (Griffith & Smith, 1834);

               (i)

                  Sphyrna mokarran (Rüppell, 1837);

               (j)

                  Sphyrna zygaena (Linnaeus, 1758).

         Article 2
   The Commission is hereby authorised to notify the Depositary of the Protocol, in writing, that the Union approves the amendments specified in Article 1, in accordance with Article 23(2)(iv) of the Barcelona Convention. It shall do so before the expiry of the 180-day period from the adoption of the amendments by the seventeenth meeting of the Contracting Parties.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 10 July 2012.

            For the Council

            The President

         V. SHIARLY

      (1)  Council Decision 77/585/EEC of 25 July 1977 concluding the Convention for the protection of the Mediterranean Sea against pollution and the Protocol for the prevention of the pollution of the Mediterranean Sea by dumping from ships and aircraft (OJ L 240, 19.9.1977, p. 1). The amendments to the Convention were accepted by Council Decision 1999/802/EC of 22 October 1999 on the acceptance of amendments to the Convention for the Protection of the Mediterranean Sea against Pollution and to the Protocol for the Prevention of Pollution by Dumping from Ships and Aircraft (OJ L 322, 14.12.1999, p. 32).

      (2)  Council Decision 1999/800/EC of 22 October 1999 on concluding the Protocol concerning specially protected areas and biological diversity in the Mediterranean, and on accepting the annexes to that Protocol (Barcelona Convention) (OJ L 322, 14.12.1999, p. 1).

      (3)  Council Decision 93/626/EEC of 25 October 1993 concerning the conclusion of the Convention on Biological Diversity (OJ L 309, 13.12.1993, p. 1).


Avis juridique important

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31984D0197

84/197/EEC: Council Decision of 2 April 1984 adopting a concerted-action project of the European Economic Community on the use of lignocellulose-containing by-products and other plant residues for animal feeding

Official Journal L 103 , 16/04/1984 P. 0023 - 0026

+++++( 1 ) OJ NO C 320 , 26 . 11 . 1983 , P . 4 .  ( 2 ) OJ NO C 77 , 19 . 3 . 1984 , P . 106 .  ( 3 ) OPINION DELIVERED ON 15 FEBRUARY 1984 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ) .  ( 4 ) OJ NO C 7 , 29 . 1 . 1974 , P . 6 .  ( 5 ) OJ NO C 7 , 29 . 1 . 1974 , P . 2 .  ( 6 ) OJ NO C 208 , 4 . 8 . 1983 , P . 1 .  ( 7 ) OJ NO L 174 , 21 . 6 . 1982 , P . 23 .  ( 8 ) OJ NO L 357 , 21 . 12 . 1983 , P . 33 .  COUNCIL DECISION OF 2 APRIL 1984 ADOPTING A CONCERTED-ACTION PROJECT OF THE EUROPEAN ECONOMIC COMMUNITY ON THE USE OF LIGNOCELLULOSE-CONTAINING BY-PRODUCTS AND OTHER PLANT RESIDUES FOR ANIMAL FEEDING ( 84/197/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 235 THEREOF ,  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ) ,  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ) ,  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITEE ( 3 ) ,  WHEREAS , UNDER ARTICLE 2 OF THE TREATY , THE COMMISSION HAS AS ITS TASK INTER ALIA TO PROMOTE THROUGHOUT THE COMMUNITY A HARMONIOUS DEVELOPMENT OF ECONOMIC ACTIVITIES , A CONTINUOUS AND BALANCED EXPANSION AND AN ACCELERATED RAISING OF THE STANDARD OF LIVING ;  WHEREAS , IN ITS RESOLUTION OF 14 JANUARY 1974 ON AN INITIAL PROGRAMME OF ACTION BY THE EUROPEAN COMMUNITIES IN THE FIELD OF SCIENCE AND TECHNOLOGY ( 4 ) , THE COUNCIL EMPHASIZED THAT AN APPROPRIATE APPROACH SHOULD BE ADOPTED TOWARDS THE WHOLE RANGE OF AVAILABLE WAYS AND MEANS , INCLUDING JOINT PROJECTS , AND THAT , WHENEVER IT PROVES DESIRABLE FOR THIRD STATES , PARTICULARLY EUROPEAN ONES , TO BE ASSOCIATED IN THESE PROJECTS , STEPS SHOULD BE TAKEN TO MAKE THIS POSSIBLE ;  WHEREAS , IN ITS RESOLUTION OF 14 JANUARY 1974 RELATING TO THE COORDINATION OF NATIONAL POLICIES AND THE DEFINITION OF PROJECTS OF INTEREST TO THE COMMUNITY IN THE FIELD OF SCIENCE AND TECHNOLOGY ( 5 ) , THE COUNCIL ENTRUSTED COMMUNITY INSTITUTIONS WITH THE TASK OF ENSURING , WITH THE ASSISTANCE OF THE SCIENTIFIC AND TECHNICAL RESEARCH COMMITTEE ( CREST ) , THE GRADUAL COORDINATION OF SUCH POLICIES ;  WHEREAS ON 25 JULY 1983 THE COUNCIL ADOPTED A RESOLUTION ON FRAMEWORK PROGRAMMES FOR COMMUNITY RESEARCH , DEVELOPMENT AND DEMONSTRATION ACTIVITIES AND A FIRST FRAMEWORK PROGRAMME 1984 TO 1987 ( 6 ) ;  WHEREAS A RESEARCH PROJECT ON SINGLE-CELL PROTEIN PRODUCTION AND UTILIZATION IN ANIMAL FEEDING , IMPLEMENTED BY A MEMORANDUM OF UNDERSTANDING SIGNED ON 27 MARCH 1980 WITHIN THE FRAMEWORK OF EUROPEAN COOPERATION IN THE FIELD OF SCIENTIFIC AND TECHNICAL RESEARCH ( COST ) ( COST PROJECT 83/84 ) , HAS YIELDED VERY ENCOURAGING RESULTS ;  WHEREAS BY DECISION 82/402/EEC ( 7 ) , AS LAST AMENDED BY DECISION 83/634/EEC ( 8 ) , THE COUNCIL ADOPTED A RESEARCH AND DEVELOPMENT PROGRAMME IN THE RAW MATERIALS SECTOR WHICH INCLUDES , FURTHER , THE SUB-PROGRAMME ON RECYCLING OF URBAN AND INDUSTRIAL WASTE ;  WHEREAS THE PROJECT COVERED BY THIS DECISION IS COMPLEMENTARY TO THAT SUB-PROGRAMME ;  WHEREAS THE MEMBER STATES INTEND , AS PART OF THE RULES AND PROCEDURES APPLICABLE TO THEIR NATIONAL PROGRAMMES , TO CARRY OUT THE RESEARCH DESCRIBED IN ANNEX I AND ARE PREPARED TO INTEGRATE IT INTO A PROCESS OF COORDINATION AT COMMUNITY LEVEL OVER A PERIOD OF FOUR YEARS ;  WHEREAS THE EXECUTION OF THE RESEARCH WORK AS DESCRIBED IN ANNEX I CALLS FOR A FINANCIAL OUTLAY OF SOME 20 MILLION ECU IN THE MEMBER STATES TAKING PART THEREIN ;  WHEREAS ON 18 JULY 1978 THE COUNCIL AGREED ON CERTAIN PROCEDURAL ARRANGEMENTS FOR COOPERATION IN EUROPEAN COOPERATION IN THE FIELD OF SCIENTIFIC AND TECHNICAL RESEARCH ( COST ) ;  WHEREAS THE SPECIFIC POWERS OF ACTION REQUIRED FOR THE ADOPTION OF THIS DECISION HAVE NOT BEEN PROVIDED FOR IN THE TREATY ;  WHEREAS THE SCIENTIFIC AND TECHNICAL RESEARCH COMMITTEE ( CREST ) HAS GIVEN ITS OPINION ON THE COMMISSION PROPOSAL ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE COMMUNITY SHALL IMPLEMENT OVER A PERIOD OF FOUR YEARS A CONCERTED-ACTION PROJECT ON THE USE OF LIGNOCELLULOSE-CONTAINING BY-PRODUCTS AND OTHER PLANT RESIDUES FOR ANIMAL FEEDING , HEREINAFTER CALLED " THE PROJECT " .  THE PROJECT SHALL CONSIST IN THE COORDINATION AT COMMUNITY LEVEL OF THE RESEARCH WORK WHICH IS DEFINED IN ANNEX I AND WHICH SHALL FORM PART OF THE RESEARCH PROGRAMMES OF THE MEMBER STATES .  ARTICLE 2  THE COMMISSION SHALL BE RESPONSIBLE FOR SUCH COORDINATION .  ARTICLE 3  THE FUNDS ESTIMATED AS NECESSARY FOR THE COMMUNITY CONTRIBUTION TO THE COORDINATION AMOUNT TO 650 000 ECU .  ARTICLE 4  TO FACILITATE THE EXECUTION OF THE PROJECT , A CONCERTED-ACTION COMMITTEE ON THE USE OF LIGNOCELLULOSE-CONTAINING BY-PRODUCTS AND OTHER PLANT RESIDUES FOR ANIMAL FEEDING , HEREINAFTER CALLED " THE COMMITTEE " , IS HEREBY SET UP .  A PROJECT LEADER MAY BE APPOINTED BY THE COMMISSION AFTER CONSULTATION WITH THE COMMITTEE . HE SHALL , IN PARTICULAR , ASSIST THE COMMISSION IN ITS TASKS OF COORDINATION .  THE TERMS OF REFERENCE AND THE COMPOSITION OF THE COMMITTEE ARE LAID DOWN IN ANNEX II .  THE COMMITTEE SHALL DRAW UP ITS OWN RULES OF PROCEDURE . ITS SECRETARIAL SERVICES SHALL BE PROVIDED BY THE COMMISSION .  ARTICLE 5  1 . IN ACCORDANCE WITH A PROCEDURE TO BE LAID DOWN BY THE COMMISSION AFTER CONSULTATION WITH THE COMMITTEE , THE MEMBER STATES PARTICIPATING IN THE PROJECT SHALL REGULARLY EXCHANGE ALL RELEVANT INFORMATION CONCERNING THE PERFORMANCE OF THE RESEARCH COVERED BY IT AND SHALL COMMUNICATE TO THE COMMISSION ALL INFORMATION THAT MAY BE USEFUL FOR COORDINATION PURPOSES .  THEY SHALL , IN ADDITION , ENDEAVOUR TO PROVIDE THE COMMISSION WITH INFORMATION ON RESEARCH IN THE FIELD CONCERNED THAT IS PLANNED OR BEING PERFORMED BY BODIES WHICH ARE NOT UNDER THEIR AUTHORITY .  THIS INFORMATION SHALL BE TREATED AS CONFIDENTIAL IF THE MEMBER STATE WHICH COMMUNICATES IT SO REQUESTS .  2 . THE COMMISSION SHALL PREPARE ANNUAL PROGRESS REPORTS ON THE BASIS OF THE INFORMATION PROVIDED AND SHALL SEND THEM TO THE MEMBER STATES AND THE EUROPEAN PARLIAMENT .  3 . AT THE END OF THE COORDINATION PERIOD , THE COMMISSION SHALL , AFTER CONSULTATION WITH THE COMMITTEE , SEND TO THE MEMBER STATES AND THE EUROPEAN PARLIAMENT A CONSOLIDATED REPORT ON THE EXECUTION AND RESULTS OF THE ACTION PROJECT .  ARTICLE 6  IN ACCORDANCE WITH ARTICLE 228 OF THE TREATY , THE COMMUNITY MAY CONCLUDE AN AGREEMENT WITH THIRD STATES PARTICIPATING IN EUROPEAN COOPERATION IN THE FIELD OF SCIENTIFIC AND TECHNICAL RESEARCH ( COST ) , WITH A VIEW TO COORDINATING THE COMMUNITY PROJECT WITH THE CORRESPONDING PROGRAMMES OF THOSE STATES .  ARTICLE 7  THIS DECISION SHALL TAKE EFFECT ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  DONE AT LUXEMBOURG , 2 APRIL 1984 .  FOR THE COUNCIL  THE PRESIDENT  J . DELORS  ANNEX I  MEMBER STATES' CONTRIBUTION TO THE PROJECT  RESEARCH TOPIC * B * D * DK * F * GR * I * IRL * L * NL * UK  1 . USE OF SUBSTRATES * X * X * X * X * * X * * * X * X  2 . USE OF PRODUCTS CONVERTED INTO ANIMAL FEED * X * X * X * X * * X * * * X * X  ANNEX II  TERMS OF REFERENCE AND COMPOSITION OF THE COMMITTEE REFERRED TO IN ARTICLE 4  1 . THE COMMITTEE SHALL :  1.1 . CONTRIBUTE TO THE OPTIMUM EXECUTION OF THE PROJECT BY GIVING ITS OPINION ON ALL ASPECTS OF THE PROGRESS THEREOF ;  1.2 . EVALUATE THE RESULTS OF THE PROJECT AND DRAW CONCLUSIONS REGARDING THEIR APPLICATION ;  1.3 . BE RESPONSIBLE FOR THE EXCHANGE OF INFORMATION PROVIDED FOR IN ARTICLE 5 ( 1 ) ;  1.4 . FOLLOW THE PROGRESS OF NATIONAL RESEARCH WORK BEING DONE IN THE FIELDS COVERED BY THE PROJECT , IN PARTICULAR BY KEEPING ABREAST OF SCIENTIFIC AND TECHNICAL DEVELOPMENTS LIKELY TO AFFECT THE EXECUTION OF THE PROJECT ;  1.5 . HAVE THE RIGHT TO SET UP , FOR EACH OF THE RESEARCH TOPICS DEFINED IN ANNEX I , A SUB-COMMITTEE TO ENSURE THAT THE PROGRAMME IS PROPERLY IMPLEMENTED .  2 . THE COMMITTEE'S REPORTS AND OPINIONS SHALL BE COMMUNICATED TO THE COMMISSION AND TO THE PARTICIPATING MEMBER STATES . THE COMMISSION SHALL FORWARD THESE OPINIONS TO CREST AND TO THE STANDING COMMITTEE ON AGRICULTURAL RESEARCH ( SCAR ) .  3 . THE COMMITTEE SHALL CONSIST OF THE PERSONS RESPONSIBLE FOR COORDINATING THE MEMBER STATES' CONTRIBUTIONS TO THE PROJECT , A COMMISSION DELEGATE RESPONSIBLE FOR THE COMMISSION'S CONTRIBUTION , AND THE PROJECT LEADER . EACH MEMBER MAY BE ACCOMPANIED BY EXPERTS .


title: 2007/790/EC: Decision of the European Central Bank of 23 November 2007 on the approval of the volume of coin issuance in 2008 (ECB/2007/16)

text:
               5.12.2007

               EN

               Official Journal of the European Union

               L 317/81

      DECISION OF THE EUROPEAN CENTRAL BANK

   of 23 November 2007
   on the approval of the volume of coin issuance in 2008
   (ECB/2007/16)
   (2007/790/EC)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty establishing the European Community, and in particular to Article 106(2) thereof,
   Having regard to Article 1 of Council Decision 2007/503/EC of 10 July 2007 in accordance with Article 122(2) of the Treaty on the adoption by Cyprus of the single currency on 1 January 2008 (1),
   Having regard to Article 1 of Council Decision 2007/504/EC of 10 July 2007 in accordance with Article 122(2) of the Treaty on the adoption by Malta of the single currency on 1 January 2008 (2),
   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 Cyprus and Malta referred to in Article 4 of the 2003 Act of Accession has been abrogated with effect from 1 January 2008.

               (3)

               The 13 current participating Member States, Cyprus and Malta have submitted to the ECB for approval their estimates of the volume of euro coins to be issued in 2008, supplemented by explanatory notes on the forecasting methodology,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Approval of the volume of euro coins to be issued in 2008
   The ECB hereby approves the volume of euro coins to be issued by the participating Member States in 2008 as described in the following table:

               (EUR million)

               Issuance of coins intended for circulation and issuance of collector coins (not intended for circulation) in 2008

               Belgium

               130,0

               Germany

               655,0

               Ireland

               114,0

               Greece

               97,3

               Spain

               550,0

               France

               500,0

               Italy

               375,2

               Cyprus

               147,4

               Luxembourg

               49,0

               Malta

               56,7

               Netherlands

               57,5

               Austria

               185,0

               Portugal

               50,0

               Slovenia

               39,0

               Finland

               60,0

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

      Done at Frankfurt am Main, 23 November 2007.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  OJ L 186, 18.7.2007, p. 29.

      (2)  OJ L 186, 18.7.2007, p. 32.


Avis juridique important

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32001D0725

2001/725/EC: Commission Decision of 28 September 2001 terminating the anti-dumping proceeding concerning imports of colour television receivers originating in Turkey (notified under document number C(2001) 2916)

Official Journal L 272 , 13/10/2001 P. 0037 - 0039

Commission Decisionof 28 September 2001terminating the anti-dumping proceeding concerning imports of colour television receivers originating in Turkey(notified under document number C(2001) 2916)(2001/725/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1), as last amended by Council Regulation (EC) No 2238/2000(2), and in particular Article 9 thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE(1) In June 2000, the Commission received a complaint concerning the alleged injurious dumping by imports of colour television receivers (CTVs) originating in or exported from Turkey.(2) The complaint was lodged by the Producers of European Televisions in Cooperation (Poetic) acting on behalf of Community producers representing a major proportion of the total Community production of CTVs pursuant to Article 4(1) and Article 5(4) of Regulation (EC) No 384/96 (the basic Regulation).(3) The complaint contained prima facie evidence of the existence of dumping and of material injury resulting therefrom, which was considered sufficient to justify the initiation of an anti-dumping proceeding.(4) The Commission, after consultation, by a notice published in the Official Journal of the European Communities(3), accordingly initiated an anti-dumping proceeding concerning imports into the Community of CTVs, currently classifiable within CN codes ex 8528 12 52, 8528 12 54, 8528 12 56, 8528 12 58, ex 8528 12 62 and 8528 12 66 and originating in or exported from Turkey.(5) It should be noted that in April 2000, two review investigations under Article 11(2) and (3) of the basic Regulation had been initiated regarding the anti- dumping measures applicable to imports of CTVs originating in the People's Republic of China, the Republic of Korea, Malaysia, Singapore and Thailand(4).(6) The Commission officially advised the exporting producers, importers and representative associations of importers or exporters known to be concerned, the representatives of the exporting country, the representative consumer organisations and the complainant Community producers. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the notice of initiation.(7) The Commission sought and verified all information it deemed necessary for the purpose of its investigation. Verification visits were carried out at the premises of the following companies:(a) Community producersTecnimagen SA, Barcelona, Spain,Grundig AG, Nuremberg, Germany,Philips Consumer Electronics, Eindhoven, The Netherlands,Industrie Formenti Italia Spa, Lissone, Italy,Seleco Formenti Spa, Pordenone, Italy;(b) Exporters/producers and related sales companies in TurkeyProfile Telra Elektronik Sanayi ve Ticaret AS, Istanbul (including the related sales companies PRO-EKS Dis Ticaret AS, Istanbul, Savunma Gerecleri AS, Istanbul, Elektrotem Elektronik Aletler Limited, Istanbul),Beko Elektronik AS, Istanbul (including the related sales company Ram Dis Ticaret, Istanbul),Vestel Elektronik Sanayi ve Ticaret AS, Manisa (including the related sales companies: Vestel Dis Ticaret AS, Istanbul, Vestel Dis Ticaret AS Ege Serbest Bolge SB, Izmir, Vestel Bilisim Teknolojileri Sanayi ve Ticaret AS, Istanbul, Vestel Komunikasyon Sanayi ve Ticaret AS, Izmir),Izmir Elektronik Sanayi ve Ticaret AS, Izmir;(c) Related importers in the CommunityBeko (UK) Ltd, Watford, United Kingdom,Beko Electronics Espana SL, Barcelona, Spain,Vestel Holland BV, Rotterdam, Netherlands,Vestel Iberia, Madrid, Spain;(d) Unrelated importers in the CommunityAlba plc Barking, United Kingdom.B. FINDINGS ON ORIGIN(8) CTVs frequently incorporate components and parts originating in countries other than the country of manufacture or assembly of the finished product, with the result that CTVs may be considered as originating in a country other than the country of manufacture or assembly. Thus, in accordance with the Community's consistent practice and pursuant to Article 1(3) of the basic Regulation, the examination of the origin of the CTVs exported from Turkey formed part of the anti-dumping investigation.(9) Origin was examined in the light of Article 22 of Council Regulation (EEC) No 2913/92(5) of 12 October 1992 establishing the Community Customs Code, which establishes that the non-preferential rules of origin apply to all non-preferential commercial policy instruments, such as anti-dumping.(10) In accordance with Article 39 and Annex 11 of Commission Regulation (EEC) No 2454/93(6) laying down provisions for the implementation of the Community Customs code, specific non-preferential rules of origin apply for CTVs. According to these rules, a CTV is considered to originate in the country where the added value of the assembly operations, and, if applicable, the incorporation of parts originating in the country of assembly represents at least 45 % of the ex-works price of the CTV. When the 45 % rule is not met, the CTV originates in the country of origin of parts whose ex-works price represents more than 35 % of the ex-works price of the CTV.(11) When applying the specific non-preferential origin rules in the present investigation, it was established that the origin of all CTVs exported to the Community between 1 July 1999 and 30 June 2000 (investigation period or IP) was other than Turkish. Exports to the Community were instead found to have their origin in the exporting countries subjected to the review investigations mentioned in recital 5, the Community or other third countries not subject to any investigation. In particular, it was found that for the exports of the investigated companies which correspond to all exports of CTVs from Turkey to the Community during the IP, the 45 % added value rule was not met. Thus, the origin had to be determined on the basis of the 35 % value rule of the non-originating parts/materials.(12) On the basis of the 35 % value rule of the non-originating parts/materials it was established that the origin of the cathode-ray colour television picture tube (CPT) virtually determined the origin of the CTVs, since the ex-works price of the CPT represented, in all cases, at least 35 % of the ex-works price of the CTV. It should be noted that there is no production of CPTs in Turkey and, therefore, all CPTs are imported. Accordingly, the origin examination concluded that the CTVs exported from Turkey during the IP were of the origins of the CPTs used in their assembly.C. TERMINATION OF THE PROCEEDING(13) In view of the above findings on origin, the Commission concludes that the anti-dumping proceeding concerning imports of CTVs originating in Turkey should be terminated without the imposition of anti-dumping measures.(14) All interested parties received disclosure of the findings on origin and were given an opportunity to comment and to be heard. One interested party contested the applicability of the non-preferential rules of origin in the case of Turkey, given the EC-Turkey Customs Union. However, neither Decision No 1/95 of the EC-Turkey Association Council of 22 December 1995 on implementing the final phase of the Customs Union(7), nor the Community Customs Code provides for a derogation from the applicability of the non-preferential rules of origin in the case of imports from countries which are in a customs union with the Community.(15) Finally, the Community industry argued that the origin criteria was irrelevant since the basic Regulation allowed the imposition of anti-dumping measures on the basis of the country of provenance. It should be noted that it is the consistent practice of the Community to impose anti-dumping measures solely on products originating in a third country. This was also the case in previous investigation on imports of the same product(8),HAS ADOPTED THIS DECISION:Sole ArticleThe anti-dumping proceeding concerning imports of colour television receivers currently classifiable within CN codes ex 8528 12 52, 8528 12 54, 8528 12 56, 8528 12 58, ex 8528 12 62 and 8528 12 66 and originating in Turkey is hereby terminated.Done at Brussels, 28 September 2001.For the CommissionPascal LamyMember of the Commission(1) OJ L 56, 6.3.1996, p. 1.(2) OJ L 257, 11.10.2000, p. 2.(3) OJ C 202, 15.7.2000, p. 4.(4) OJ C 94, 1.4.2000, p. 2.(5) OJ L 302, 19.10.1992, p. 1.(6) OJ L 253, 11.10.1993, p. 1.(7) OJ L 35, 13.2.1996, p. 1.(8) Council Regulation (EC) No 710/95 of 27 March 1995 (OJ L 73, 1.4.1995, p. 3).


title: 2008/507/EC: Decision of the European Parliament of 24 April 2007 on the discharge for the implementation of the budget of the European Centre for the Development of Vocational Training for the financial year 2005

text:
               15.7.2008

               EN

               Official Journal of the European Union

               L 187/78

         DECISION OF THE EUROPEAN PARLIAMENT
   of 24 April 2007
   on the discharge for the implementation of the budget of the European Centre for the Development of Vocational Training for the financial year 2005
   (2008/507/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Centre for the Development of Vocational Training for the financial year 2005 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Centre for the Development of Vocational Training for the financial year 2005, together with the Centre's replies (2),
   having regard to the Council's Recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing a European Centre for the Development of Vocational Training (4), and in particular Article 12a thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular, Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A6-0097/2007),

               1.

               Grants to the director of the European Centre for the Development of Vocational Training discharge for the implementation of the Centre's budget for the financial year 2005;

               2.

               Sets out its observations in the Resolution below;

               3.

               Instructs its President to forward this Decision and the Resolution that forms an integral part of it to the director of the European Centre for the Development of Vocational Training, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 266, 31.10.2006, p. 28.

      (2)  OJ C 312, 19.12.2006, p. 60.

      (3)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

      (4)  OJ L 39, 13.2.1975, p. 1. Regulation as last amended by Regulation (EC) No 2051/2004 (OJ L 355, 1.12.2004, p. 1).

      (5)  OJ L 357, 31.12.2002, p. 72.
    ---documentbreak---

               15.7.2008

               EN

               Official Journal of the European Union

               L 187/79

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 24 April 2007
   with observations forming an integral part of the Decision on the discharge for the implementation of the budget of the European Centre for the Development of Vocational Training for the financial year 2005
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Centre for the Development of Vocational Training for the financial year 2005 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Centre for the Development of Vocational Training for the financial year 2005, together with the Centre's replies (2),
   having regard to the Council's Recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3) and in particular Article 185 thereof,
   having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing a European Centre for the Development of Vocational Training (4), and in particular Article 12a thereof,
   having regard to the Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular, Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A6-0097/2007),

               A.

               whereas the Court of Auditors stated that it obtained reasonable assurance that the annual accounts for the financial year ended 31 December 2005 were reliable, and the underlying transactions, subject to the reservation, were legal and regular,

               B.

               whereas on 27 April 2006 Parliament gave discharge to the director in respect of the implementation of the Centre's budget for the 2004 financial year (6) and in the resolution accompanying the discharge decision Parliament, inter alia,

                           —

                           urged the Centre to ensure that the accounts were complete and that all activities including the staff canteen's purchases and sales were properly controlled,

                           —

                           was concerned by the irregularities noted by the Court of Auditors in the contract award procedure; noted the steps taken by the Centre to ensure that such irregularities would not be repeated; called on the Centre to ensure that tendering specifications and competition rules would be strictly applied,

                           —

                           stressed the need for fairness, openness and transparency in recruitment;

         General points concerning the majority of EU Agencies requiring individual discharge

               1.

               Considers that the ever-growing number of Community Agencies and the activities of certain of them do not seem to form part of an overall policy framework, and that the remits of some Agencies do not always reflect the real needs of the Union or the expectations of its citizens, and notes that in general terms the Agencies do not always have a good image or a good press;

               2.

               Invites the Commission therefore to define an overall policy framework for the setting up of new Community Agencies and to present a cost-benefit study before the setting up of any new agency, while being careful to avoid any overlap of activities between Agencies or with the remits of other European organisations;

               3.

               Calls on the Court of Auditors to give its opinion on the cost-benefit study before Parliament takes its decision;

               4.

               Invites the Commission to present every five years a study on the added value of every existing Agency; invites all relevant institutions in the case of a negative evaluation of the added value of an Agency to take the necessary steps by reformulating the mandate of that Agency or by closing it;

               5.

               Considers it regrettable, given the growing number of regulatory agencies, that the negotiations on the draft interinstitutional agreement on the operating framework for the European regulatory agencies have not yet been concluded, and calls on the relevant departments of the Commission, in consultation with the Court of Auditors, to do their utmost to ensure that the agreement is brought to a rapid conclusion;

               6.

               Notes that the Commission's budgetary responsibility calls for closer linking of the Agencies to the Commission; calls on the Commission and the Council to take all necessary steps to give the Commission a blocking minority in the supervisory bodies of the regulatory Agencies by 31 December 2007 and to provide for such a minority from the outset when new Agencies are set up;

               7.

               Invites the Court of Auditors to create an additional chapter in its Annual Report, devoted to all Agencies to be discharged under the Commission's accounts in order to have a much clearer picture of the use of EU funds by Agencies;

               8.

               Recalls the principle according to which all Community Agencies, whether subsidised or not, are subject to discharge by Parliament, even where a discharge authority exists by virtue of their constitutive texts;

               9.

               Calls on the Court of Auditors to perform performance audits for all Agencies and to report back to the relevant committees of Parliament, including the Committee on Budgetary Control;

               10.

               Notes that the number of Agencies is constantly increasing and that, in accordance with the Commission's political responsibility for the operation of the Agencies, which goes far beyond mere logistical support, there is an even higher need for the Directorates-General of the Commission charged with the setting up and monitoring of Agencies to develop a common approach to the Agencies; considers that a structure similar to the one created by the Agencies for coordination among the DGs concerned would be a pragmatic way forward towards a common approach by the Commission on all matters relating to the Agencies;

               11.

               Invites the Commission to improve administrative and technical support to the Agencies, taking into account the growing complexity of the Community's administrative rules and technical problems;

               12.

               Notes the lack of a disciplinary body in any of the Community Agencies, and calls on the Commission to take the necessary steps to ensure that such a mechanism is rapidly put in place;

               13.

               Welcomes the considerable improvements in the coordination among the Agencies, which allows them to tackle recurring problems and makes cooperation with the Commission and Parliament more efficient;

               14.

               Takes the view that the establishment by a number of Agencies of a shared support service aimed at making their computerised financial management systems consistent with those of the Commission is a measure that should be taken further and extended;

               15.

               Calls upon the Agencies to improve their cooperation and benchmarking with actors in the field; urges the Commission to adopt any measures it considers necessary to help the Agencies enhance their image and raise the profile of their activities;

               16.

               Calls upon the Commission to come up with a proposal to harmonise the format of the annual reporting by the Agencies and to develop performance indicators which would allow a comparison of their efficiency;

               17.

               Invites the Agencies to present at the beginning of every year performance indicators against which they could be measured;

               18.

               Invites all Agencies to increasingly use SMART objectives which should lead to more realistic planning and implementation of goals;

               19.

               Agrees with the Court of Auditors that the Commission also bears responsibility for the (financial) management of the Agencies; therefore, urges the Commission to monitor and where necessary direct and help the management of the different Agencies, especially in relation to the proper application of tender procedures, transparency of recruitment procedures, sound financial management (underspending and overbudgeting) and most importantly the proper application of the rules concerning the internal control framework;

               20.

               Considers that the Agencies' work programmes should express their contributions in operational and measurable terms and that due consideration should be given to the Commission's Internal Control Standards;

         Specific points

               21.

               Invites the Centre to avoid a similar situation as for the financial year 2005 where it had an utilisation rate of 90 % of commitment appropriations and approximately 85 % of payment appropriations; recalls that, however, the appropriations for operating activities were under-utilised (cancellations of 15 % of commitment appropriations, 20 % of payment appropriations and 15 % of appropriations carried over), in particular after the reorganisation of the procedures for awarding contracts;

               22.

               Invites the Centre to fine-tune its programming and improve the monitoring exercise throughout the year; recalls that, in this connection, the Court of Auditors notes that activity-based management has not been introduced, even though the Centre's financial regulation provides for this form of management with a view to improved performance monitoring;

               23.

               Invites the Centre to remedy the shortcomings in the accounting software (FIBUS) used by it, which does not allow expired commitments to be blocked, where the procedure for the electronic signing of payment orders does not comply with the provisions currently in force and where operations cannot easily be traced within the system;

               24.

               Demands the full application of the principle of the segregation of the duties of authorising officer and accounting officer to avoid situations as in 2005 where some of the accounting officer's duties were performed by departments for which the authorising officer is responsible;

               25.

               Notes that the Centre refers in its reply to the fact that the measures adopted now ensure the regularity of procedures and is therefore confident that the Centre is implementing the recommendations of the Court of Auditors, particularly since in the autumn of 2006 the Internal Audit Service could not find any further irregularities and certified that the measures taken by the Centre have produced the desired outcome;

               26.

               Invites the Centre to urgently carry out a risk analysis, to define the nature and frequency of ex post checks, and to describe the management procedures and internal control systems;

               27.

               Invites the Centre to urgently formulate the exact mandate of the committee to deal with staff complaints, which should in no case act beyond its powers;

               28.

               Insists that the Centre should apply standard recruitment procedures in order to avoid a situation as in 2005 where an important management post was filled via an internal selection procedure when an external procedure would have provided a wider range of candidates;

               29.

               Is worried about the very high rate of irregularities found by the Court of Auditors in the examined contracts where out of six all but one were affected by irregularities (7); insists that the Centre should remedy the weaknesses found in its organisation and tender procedures;

               30.

               Is of the opinion that the Centre should harmonise its approach to IT questions, in particular when setting up internet and intranet sites, and that the current fragmentation engenders technical risks and excessive costs;

               31.

               Encourages the Centre to continue its efforts to improve further its communications in order to ensure that the public is better informed about its activities.

      (1)  OJ C 266, 31.10.2006, p. 28.

      (2)  OJ C 312, 19.12.2006, p. 60.

      (3)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

      (4)  OJ L 39, 13.2.1975, p. 1. Regulation as last amended by Regulation (EC) No 2051/2004 (OJ L 355, 1.12.2004, p. 1).

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

      (6)  OJ L 340, 6.12.2006, p. 63.

      (7)  Failure to justify the chosen procedure or say why the tenderers invited to submit tenders were selected, plus inadequate documentation thereof.


title: Council Decision of 30 January 1978 appointing an alternate member of the Advisory Committee on Vocational Training

text:
No L 44/ 12                       Official Journal of the European Communities                        15 . 2 . 78
                                                              II
                                     (Acts whose publication is not obligatory)
                                                   COUNCIL
                                                COUNCIL DECISION
                                                  of 30 January 1978
            appointing an alternate member of the Advisory Committee on Vocational
                                                          Training
                                                        (78/ 139/EEC)
            THE COUNCIL OF THE EUROPEAN COMMUNITIES,
             Having regard to the Treaty establishing the European Economic Community,
             Having regard to the Council Decision of 18 December 1963 laying down the rules of the
            Advisory Committee on Vocational Training ('), as amended by the Decision of 9 April
             1968 (2), and in particular Article 4 thereof,
             Having regard to the Council Decision of 21 and 22 June 1976 appointing, for the period
            ending 20 June 1978 , the members and alternates of the Advisory Committee on Voca
            tional Training,
            Whereas an alternate member's seat on the abovementioned Committee in the govern
            ment representatives category has fallen vacant following the resignation of Dr Connolly,
            of which the Council was informed on 30 November 1977 ;
             Having regard to the nomination submitted by the Irish Government on 13 January
             1978 ,
             HAS DECIDED AS FOLLOWS :
                                                         Sole Article
            Mr W. White is hereby appointed alternate member of the Advisory Committee on Voca
            tional Training in place of Dr Connolly for the remainder of the latter's term of office,
            namely until 20 June 1978 .
            Done at Brussels, 30 January 1978 .
                                                                       For the Council
                                                                         The President
                                                                         P. DALSAGER
            (!) OJ No 190, 30 . 12. 1963, p . 3090/63 .
            (2 OJ No L 91 , 12. 4 . 1968 , p. 26.


Avis juridique important

|

31996D0252

96/252/EC: Commission Decision of 1 March 1996 accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of certain tube or pipe fittings, of iron or steel, originating in the People's Republic of China, Croatia and Thailand

Official Journal L 084 , 03/04/1996 P. 0046 - 0047

COMMISSION DECISION of 1 March 1996 accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of certain tube or pipe fittings, of iron or steel, originating in the People's Republic of China, Croatia and Thailand (96/252/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 3283/94 of 22 December 1994 on protection against dumped imports from countries not members of the European Community (1), as last amended by Regulation (EC) No 1251/95 (2), and in particular Article 23 thereof,Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (3), as last amended by Regulation (EC) No 522/94 (4), and in particular Article 10 thereof,After consulting the Advisory Committee,Whereas:(1) The Commission, by Regulation (EC) No 2318/95 (5), imposed a provisional anti-dumping duty on imports into the Community of certain tube or pipe fittings, of iron or steel, originating in the People's Republic of China, Croatia and Thailand. By Regulation (EC) No 149/96 (6), the Council extended the validity of this duty for two months.(2) In the subsequent procedure, it was established that definitive anti-dumping measures should be adopted in order to eliminate injurious dumping. The findings and conclusions on all aspects of the investigation are set out in Council Regulation (EC) No 584/96 (7).(3) Having been informed of those conclusions, the Croatian exporter and the three Thai exporters which had cooperated in the investigation, offered undertakings pursuant to Article 10 (2) (b) of Regulation (EEC) No 2423/88.(4) After a careful examination, and taking into account the particular characteristics of the imports under consideration, the Commission considered that the undertakings offered would eliminate the injurious effects caused by the dumped imports and would be an appropriate remedy in the present case. In addition, since the Croatian and Thai exporters concerned have undertaken to submit detailed and regular sales information to the Commission and since exports from those countries have been made through a limited number of purchasers in the Community, it has been concluded that the proper observance of the undertakings can be effectively monitored by the Commission.(5) Under these circumstances, the Commission considers that the undertakings offered are acceptable, and the investigation can, therefore, be terminated with respect to the exporters in question without the imposition of definitive anti-dumping duties.(6) The producers and exporters concerned were informed of the essential facts and considerations on the basis of which the definitive anti-dumping measures were proposed and have had the opportunity to comment on all aspects of the investigation. Accordingly, should the undertaking be withdrawn or should the Commission have reason to believe that the undertaking has been infringed, it may, where the interests of the Community so require and in accordance with Article 10 (6) of Regulation (EEC) No 2423/88, impose provisional duties forthwith on the basis of the results and conclusions of the investigation set out in Regulation (EC) No 584/96. Subsequently, definitive duties could also be imposed by the Council on the basis of the facts established in that investigation.(7) When the Advisory Committee was consulted on the acceptance of the undertakings offered, some objections were raised. Therefore, in accordance with Articles 9 and 10 (1) of Regulation (EEC) No 2423/88, the Commission sent a report to the Council on the results of the consultations and a proposal that the investigation be terminated by the acceptance of undertakings. As the Council, in accordance with the said Articles 9 and 10 (1), has not decided otherwise, the Commission is authorized to adopt this Decision.(8) The Community industry concerned was informed of the main facts and considerations on the basis of which the Commission intended to accept the undertakings; it did not object,HAS DECIDED AS FOLLOWS:Article 1 The undertakings offered by:(a) Croatia:- Zeljezara Sisak, Zagreb,(b) Thailand:- Awaji Sangyo (Thailand) Co. Ltd, Samutprakarn,- Thai Benkan Co. Ltd, Prapadaeng-Samutprakarn,- TTU Industrial Corp. Ltd, Bangkok,in connection with the anti-dumping proceeding concerning imports of tube or pipe fittings (other than cast fittings, flanges and threaded fittings), of iron or steel (not including stainless steel), with a greatest external diameter not exceeding 609,6 mm, of a kind used for butt-welding or other purposes, originating inter alia in Croatia and Thailand and falling within CN codes ex 7307 93 11, ex 7307 93 19, ex 7307 99 30 and ex 7307 99 90, are hereby accepted.This acceptance shall take effect on the date of entry into force of Regulation (EC) No 584/96.Article 2 The investigation in connection with the anti-dumping proceeding referred to in Article 1 is hereby terminated with regard to the companies named in that Article.Done at Brussels, 1 March 1996.For the CommissionLeon BRITTANVice-President(1) OJ No L 349, 31. 12. 1994, p. 1.(2) OJ No L 122, 2. 6. 1995, p. 1.(3) OJ No L 209, 2. 8. 1988, p. 1.(4) OJ No L 66, 10. 3. 1994, p. 10.(5) OJ No L 234, 3. 10. 1995, p. 4.(6) OJ No L 23, 30. 1. 1996, p. 1.(7) See page 1 of this Official Journal.


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31992D0535

92/535/EEC: Council Decision of 26 October 1992 on the conclusion of an Agreement between the European Economic Community and the Republic of Albania on trade and commercial and economic cooperation

Official Journal L 343 , 25/11/1992 P. 0001 - 0001

COUNCIL DECISION of 26 October 1992 on the conclusion of an Agreement between the European Economic Community and the Republic of Albania on trade and commercial and economic cooperation (92/535/EEC)THE COUNCIL OF THE EUROPEAN  COMMUNITIES Having regard to the Treaty establishing the European Economic Community, and in particular Articles 113 and 235 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas the conclusion of Agreement between the European Economic Community and the Republic of Albania on trade and commercial and economic cooperation is necessary in order to achieve the Community's objectives in the field of external relations,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement between the European Economic Community and the Republic of Albania on trade and commercial and economic cooperation is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2  The President of the Council shall give the notification provided for in Article 21 of the Agreement. (2) Article 3  The Commission, assisted by representatives of the Member States, shall represent the Community in the Joint Committee set up by Article 18 of the Agreement.  Done at Luxembourg, 26 October 1992 For the Council The President J. GUMMER (1) OJ No C 284, 2. 11. 1992.(2) See page 10 of this Official Journal.


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31987D0593

87/593/EEC: Council Decision of 30 November 1987 accepting, on behalf of the Community, Annex E.5 to the International Convention on the simplification and harmonization of customs procedures

Official Journal L 362 , 22/12/1987 P. 0001 - 0007 Finnish special edition: Chapter 11 Volume 13 P. 0095  Swedish special edition: Chapter 11 Volume 13 P. 0095

COUNCIL DECISION of 30 N°vember 1987 accepting, on behalf of the Community, Annex  E.5 to the International Convention on the simplification and harmonization of customs procedures  (87/593/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular  Articles 28, 43 and 235 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament(1), Whereas, pursuant to Decision 75/199/EEC(2), the Community has concluded the International  Convention on the simplification and harmonization of customs procedures; Whereas, the acceptance of annexes to the International Convention on the simplification and  harmonization of customs procedures effectively contributes to the facilitation and development of  international trade; Whereas Annex E.5 concerning temporary admission subject to re-exportation in the same state may be  accepted by the Community; Whereas such acceptance should, however, be accompanied by certain reservations to take account of  the specific requirements of the Customs Union and the stage currently reached in the harmonization  of customs legislation, HAS DECIDED AS FOLLOWS: Article 1 Annex E.5 to the International Convention on the simplification and harmonization of  customs procedures, concerning temporary admission subject to re-exportation in the same state, is  hereby accepted on behalf of the Community, subject to a reservation of a general nature and  reservations with regard to standards 14 and 23 and recommended practices 33, 37 and 38. The text of the said Annex, together with the reservations, is attached to this Decision. Article 2 The President of the Council shall designate the person empowered to notify the  Secretary-General of the Customs Cooperation Council of the acceptance by the Community of the  Annex referred to in Article 1, subject to the reservations referred to in that Article. Done at Brussels, 30 N°vember 1987. For the CouncilThe PresidentN. WILHJELM (1)OJ N° C 318, 30. 11. 1987.  (1)OJ N° L 100, 21. 4. 1975, p. 1.   ANNEX ANNEX E.5 ANNEX CONCERNING TEMPORARY ADMISSION SUBJECT TO RE-EXPORTATION IN THE SAME  STATE INTRODUCTION There are many economic, social and cultural reasons which may lead a country to encourage the  temporary stay of goods. Moreover, when goods have to stay only temporarily in the customs territory of a State, to require  final payment of the import duties and taxes applicable to them would as a rule be unjustified  since the effect would be, for example, to subject goods to payment of import duties and taxes  every time they were imported, on a temporary basis, into one country or another. The national legislations of most countries accordingly contain provisions allowing conditional  relief from duties and taxes for certain categories of goods temporarily imported. The customs procedure under which conditional relief from import duties and taxes may be granted in  respect of goods imported for a specific purpose and intended for re-exportation in the same state  is the temporary admission procedure. As a general rule, temporary admission involves total conditional relief from import duties and  taxes. In certain special cases, however, for example when the goods are used for purposes such as  production, work projects or internal transport, the conditional relief granted may be only  partial. The present Annex does not apply to articles temporarily imported by travellers for their personal  use nor to private conveyances. DEFINITIONS For the purposes of this Annex: (a)the term 'temporary admission' means the customs procedure under which certain goods can be  brought into a customs territory conditionally relieved from payment of import duties and taxes;  such goods must be imported for a specific purpose and must be intended for re-exportation within a  specified period and without having undergone any change except normal depreciation due to the use  made of the goods; (b)the term 'import duties and taxes' means the customs duties and all other duties, taxes, fees or  other charges which are collected on or in connection with the importation of goods, but not  including fees and charges which are limited in amount to the approximate cost of services  rendered; (c)the term 'customs control' means the measures applied to ensure compliance with the laws and  regulations which the Customs are responsible for enforcing; (d)the term 'security' means that which ensures to the satisfaction of the customs that an  obligation to the customs will be fulfilled. Security is described as 'general' when it ensures that the obligations  arising from several operations will be fulfilled; (e)the term 'person' means both natural and legal persons, unless the context otherwise requires. PRINCIPLE 1.Standard Temporary admission shall be governed by the provisions of this Annex. FIELD OF APPLICATION 2.Standard National legislation shall enumerate the cases in which temporary admission may be granted and  shall lay down the requirements which must be met. 3.Standard Goods temporarily admitted shall be afforded total conditional relief from import duties and taxes.  However, the conditional relief from import duties and taxes may be only partial in the cases referred to in Recommended Practice 38. 4.Standard Temporary admission shall not be limited to goods imported directly from abroad but shall also be  authorized for goods ex customs transit, ex customs warehouse or from a free port or a free zone. 5.Recommended practice Temporary admission should be granted without regard to the country of origin of the goods, the  country whence they arrived or their country of destination. GRANT OF TEMPORARY ADMISSION (a)Formalities prior to grant of temporary admission 6.Standard National legislation shall specify the cases in which prior authority is required for temporary  admission and the authorities empowered to grant such authority. 7.Recommended practice The cases in which prior authority is required for temporary admission should be as few as  possible. (b)Declaration for temporary admission 8.Standard National legislation shall specify the conditions under which goods for temporary admission shall  be produced at the competent customs office and a goods declaration shall be lodged. 9.Recommended practice National forms used for temporary admission should be harmonized with those used for the goods  declaration for home use. (c)Security 10.Standard The form in which security is to be provided on temporary admission shall be laid down in national  legislation or determined by the customs authorities in accordance with national legislation. 11.Recommended practice The choice between the various acceptable forms of security should be left to the declarant. 12.Standard The customs authorities shall, in accordance with national legislation, determine the amount in  which security is to be provided on temporary admission. 13.Recommended practice The amount of the security to be provided on temporary admission should not exceed the amount of  the import duties and taxes from which the goods are conditionally relieved. N°te This recommended practice does not prevent the amount of the security from being determined on the  basis of a single rate where the goods fall in a wide range of tariff headings. 14.Standard Persons who regularly use the temporary admission procedure at one or more customs offices in a  given customs territory shall be authorized to provide general security. 15.Recommended practice Customs authorities should waive the requirement for security where they are satisfied that payment  of any sums that might fall due can be ensured by other means. (d)ATA carnets 16.Recommended practice Contracting Parties should give careful consideration to the possibility of acceding to the Customs  Convention on the ATA carnet for the temporary admission of goods done at Brussels on 6 December  1961 and thus accepting ATA carnets in lieu of national customs documents and as security for the  import duties and taxes in respect of goods granted temporary admission with total conditional  relief from import duties and taxes. (e)Examination of the goods 17.Recommended practice At the request of the importer, and for reasons deemed to be valid, the customs authorities should,  so far as possible, allow goods for temporary admission to be examined on private premises, the expenses entailed by such examination being borne by the importer. (f)Identification measures 18.Recommended practice For the purpose of identifying goods temporarily admitted, the customs authorities should have  recourse to the affixing of customs marks (seals, stamps, perforations, etc.) only where the goods cannot readily  be identified by means of foreign seals, by marks, numbers or other indications permanently affixed  to them, by a description, or by sampling. STAY OF THE GOODS IN THE CUSTOMS TERRITORY 19.Standard The time limit for temporary admission shall be fixed, for each type of case, by reference to the  time necessary for the temporary admission, up to the maximum period, if any, laid down in national  legislation. 20.Recommended practice At the request of the person concerned, and for reasons deemed to be valid, the customs authorities  should extend the period initially fixed. TERMINATION OF TEMPORARY ADMISSION 21.Standard National legislation shall specify the conditions under which goods on temporary admission shall be  produced at the competent customs office and a goods declaration shall be lodged. (a)Re-exportation 22.Standard Provision shall be made to permit temporarily admitted goods to be re-exported in one or more  consignments. 23.Standard Provision shall be made for terminating temporary admission by placing the goods in a free port or  free zone. 24.Standard Provision shall be made to permit temporarily admitted goods to be re-exported through a customs  office other than that through which they were imported. 25.Recommended practice At the request of the exporter, and for reasons deemed to be valid, the customs authorities should,  so far as possible, allow goods for re-exportation to be examined on private premises, the expenses  entailed by such examination being borne by the exporter. (b)Other methods of disposal 26.Standard Provision shall be made for terminating temporary admission by declaring the goods for home use,  subject to compliance with the conditions and formalities applicable in such case. 27.Standard National legislation shall specify the point in time to be taken into consideration for the purpose  of determining the value and quantity of goods declared for home use and the rates of the import  duties and taxes applicable to them. 28.Recommended practice Provision should be made for terminating temporary admission by deposit of the goods in a customs  warehouse with a view to subsequent exportation or other authorized disposal. 29.Recommended practice Provision should be made for terminating temporary admission by placing the goods under a Customs  transit procedure with a view to their subsequent exportation. 30.Standard Provision shall be made for temporary admission to be terminated where, at the request of the  person concerned, the goods are abandoned to the Revenue or destroyed or rendered commercially  valueless under customs control, as the customs authorities may decide. Such abandonment or destruction shall not entail any cost to  the Revenue. Any waste or scrap remaining after destruction shall be liable, if taken into home use, to the  import duties and taxes that would be applicable to such waste or scrap imported in that state. 31.Standard Temporarily admitted goods which are destroyed or irrecoverably lost by accident or force majeure  shall not be subjected to import duties and taxes, provided that such destruction or loss is duly  established to the satisfaction of the customs authorities. Any waste or scrap remaining after destruction shall be liable, if taken into home use, to the  import duties and taxes that would be applicable to such waste or scrap imported in that state. N°te In the case of partial conditional relief from import duties and taxes, Standards 30 and 31 are  applicable provided that the portion of import duties and taxes payable at the time of the  abandonment, destruction or loss of the goods is paid. DISCHARGE OF SECURITY 32.Standard Any security furnished shall be discharged as soon as possible after temporary admission has been  terminated. 33.Recommended practice If security has been given in the form of a cash deposit, provision should be made for it to be  repaid at the office of re-exportation, even if the goods were not imported through that office. INFORMATION CONCERNING TEMPORARY ADMISSION 34.Standard The customs authorities shall ensure that all relevant information regarding temporary admission is  readily available to any person interested. SCOPE (a)Temporary admission with total conditional relief from import duties and taxes 35.Recommended practice Temporary admission should be granted to the following goods:  (1)'Packings' referred to in Article 2 of the Customs Convention on the temporary importation of  packings (Brussels, 6 October 1960).  (2)'Goods for display or use at exhibitions, fairs, meetings or similar events' referred to in  Article 2, paragraph 1, of the Customs Convention concerning facilities for the importation of  goods for display or use at exhibitions, fairs, meetings or similar events (Brussels, 8 June  1961).  (3)'Professional equipment' referred to in Annexes A to C of the Customs Convention on the  temporary importation of professional equipment (Brussels, 8 June 1961).  (4)'Welfare material for seafarers' referred to in Article 1, paragraph (a), of the Customs  Convention concerning welfare material for seafarers (Brussels, 1 December 1964).  (5)'Scientific equipment' referred to in Article 1, paragraph (a), of the Customs Convention on  the temporary importation of scientific equipment (Brussels, 11 June 1968).  (6)'Pedagogic material' referred to in Article 1, para- graph (a), of the Customs Convention on the temporary importation of pedagogic material (Brussels,  8 June 1970).  (7)'Samples' and 'advertising films' referred to in Articles III and V of the International Convention to facilitate the importation of commercial  samples and advertising material (Geneva, 7 N°vember 1952).  (8)'Tourist publicity material' referred to in Article 3 of the Additional Protocol to the  Convention concerning customs facilities for touring, relating to the importation of tourist  publicity documents and material / (New York, 4 June 1954).  (9)'Containers' referred to in Article 1 (c) of the Customs Convention on containers (Geneva, 2  December 1972). (10)'Pallets' referred to in Article 1 of the European Convention on Customs treatment of pallets  used in international transport (Geneva, 9 December 1960). (11)'Commercial road vehicles' referred to in Article 1 of the Customs Convention on the temporary  importation of commercial road vehicles (Geneva, 18 May 1956). Contracting Parties are invited to consider the possibility of acceding to the above international  instruments. 36.Recommended practice Customs authorities should waive the requirement of a declaration in writing and of security in the  cases of temporary admission referred to in items 1, 9, 10 and 11 of Recommended practice 35. 37.Recommended practice Temporary admission should be granted in respect of the following goods unless they are eligible  for outright duty-free admission under national legislation:  (1)Used removable articles belonging to a person who takes up temporary residence in the country  of importation.  (2)Articles (including vehicles) which, by their nature, are unsuitable for any purpose other than  advertising of specific articles or publicity for a specific purpose.  (3)Data-carrying media for use in automatic data processing.  (4)Drawings, plans and models to be used in the manufacture of goods.  (5)Matrices, blocks, plates and similar articles, on loan or hire, for printing illustrations in  periodicals or books.  (6)Matrices, blocks, plates, moulds and similar articles, on loan or hire, to be used in the  manufacture of articles that are to be delivered abroad.  (7)Instruments, apparatus and machines to be tested or checked.  (8)Instruments, apparatus and machines made available free of charge to a customer by or through a  supplier or repairer, pending the delivery or repair of similar goods.  (9)Costumes and scenery items sent on loan or on hire to dramatic societies or theatres. (10)Goods which have to undergo a change of packing prior to their delivery abroad. (11)Goods such as apparel, articles of jewellery and carpets, sent on 'sale or return' terms to  persons not engaged in trade in such goods. (12)Animals, sports requisites and other articles belonging to a person resident abroad, for use by  that person in sports contests or demonstrations. (13)Works of art, collectors' pieces and antiques for display in exhibitions, including those  organized by the artists themselves. (14)Books sent on loan to persons resident in the country of importation. (15)Photographs, transparencies and films to be shown in an exhibition or at a competition for  still or cinema photographers. (16)Draught animals and equipment for the working of lands adjacent to the border by persons  resident abroad. (17)Animals brought to pasture on lands adjacent to the border worked by persons resident abroad. (18)Horses and other animals imported for shoeing or weighing, or for treatment or other veterinary  purposes. (19)Specialized equipment arriving by ship and used on shore at ports of call for the loading,  unloading and handling of cargo. (b)Temporary admission with partial conditional relief from import duties and taxes 38.Recommended practice Goods, other than those referred to in Recommended practices 35 and 37, which are to be temporarily  used for puposes such as production, work projects or internal transport, should be granted  temporary admission with partial conditional relief from import duties and taxes. N°te National legislation may provide that, for the purposes of calculating the amount of any duties and  taxes payable upon such goods, account shall be taken of the duration of their stay in the customs  territory, of the depreciation consequent upon the use made of them or of the hire charges paid for  them.


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31982D0887

82/887/EEC: Council Decision of 13 December 1982 adopting a concerted action project for the European Economic Community in the field of shore-based marine navigation aid systems

Official Journal L 378 , 31/12/1982 P. 0032 - 0036 Spanish special edition: Chapter 07 Volume 3 P. 0144  Portuguese special edition Chapter 07 Volume 3 P. 0144

+++++( 1 ) OJ NO C 256 , 8 . 10 . 1981 , P . 7 .  ( 2 ) OJ NO C 238 , 13 . 9 . 1982 , P . 111 .  ( 3 ) OJ NO C 348 , 31 . 12 . 1981 , P . 24 .  ( 4 ) OJ NO C 7 , 29 . 1 . 1974 , P . 6 .  COUNCIL DECISION OF 13 DECEMBER 1982 ADOPTING A CONCERTED ACTION PROJECT FOR THE EUROPEAN ECONOMIC COMMUNITY IN THE FIELD OF SHORE-BASED MARINE NAVIGATION AID SYSTEMS ( 82/887/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 235 THEREOF ,  HAVING REGARD TO THE DRAFT FROM THE COMMISSION ( 1 ) ,  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ) ,  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ) ,  WHEREAS A CONCERTED ACTION PROJECT FOR COMMUNITY RESEARCH IN THE FIELD OF MARINE NAVIGATION AID SYSTEMS MAY CONTRIBUTE TO THE REDUCTION OF THE RISK OF ACCIDENTS IN COASTAL AREAS AND PORTS , AND , CONSEQUENTLY , TO THE PROTECTION OF HUMAN LIFE AND THE SAFETY OF SHIPS AND THEIR CARGO , AND THE PREVENTION OF POLLUTION ON THE SHORE AND IN COASTAL WATERS ;  WHEREAS A RESEARCH PROGRAMME IN THE FIELD OF MARINE NAVIGATION AID SYSTEMS WAS PROPOSED IN 1979 BY THE FINNISH AND FRENCH DELEGATIONS WITHIN THE FRAMEWORK OF EUROPEAN COOPERATION IN THE FIELD OF SCIENTIFIC AND TECHNICAL RESEARCH ( COST ) ; WHEREAS THE SCIENTIFIC AND TECHNICAL RESEARCH COMMITTEE ( CREST ) ACKNOWLEDGED THE COMMUNITY INTEREST OF THE SAID PROGRAMME ON 8 APRIL 1981 ;  WHEREAS IN ITS RESOLUTION OF 14 JANUARY 1974 ON AN INITIAL OUTLINE PROGRAMME OF THE EUROPEAN COMMUNITIES IN THE FIELD OF SCIENCE AND TECHNOLOGY ( 4 ) THE COUNCIL EMPHASIZED THAT AN APPROPRIATE APPROACH SHOULD BE ADOPTED TOWARDS THE WHOLE RANGE OF AVAILABLE WAYS AND MEANS , INCLUDING CONCERTED ACTION PROJECTS , AND THAT , WHENEVER IT PROVED DESIRABLE , NON-MEMBER STATES , PARTICULARLY EUROPEAN ONES , SHOULD BE ASSOCIATED IN THOSE PROJECTS ;  WHEREAS THE MEMBER STATES INTEND TO IMPLEMENT , IN ACCORDANCE WITH THE RULES AND PROCEDURES APPLICABLE TO THEIR NATIONAL PROGRAMMES , THE RESEARCH PROJECTS DESCRIBED IN ANNEX I AND ARE PREPARED TO COORDINATE THEM AT COMMUNITY LEVEL FOR A PERIOD OF THREE YEARS ;  WHEREAS INTERNATIONAL ORGANIZATIONS ARE CARRYING OUT PROJECTS IN THIS FIELD ; WHEREAS ACCOUNT SHOULD BE TAKEN OF SUCH PROJECTS SO AS TO PRECLUDE DUPLICATION OF EFFORT ; WHEREAS CERTAIN EQUIPMENT AND PROCEDURES SHOULD , IF APPROPRIATE , BE THE SUBJECT OF AGREEMENTS WITHIN THE FRAMEWORK OF THE COMPETENT ORGANIZATIONS ;  WHEREAS THE IMPLEMENTATION OF THIS RESEARCH REQUIRES A FINANCIAL OUTLAY OF THE ORDER OF 10 MILLION ECU ON THE PART OF THE COMMUNITY AND THE MEMBER STATES ;  CONSIDERING THE OPINION DELIVERED BY CREST ON THE COMMISSION PROPOSAL ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE COMMUNITY SHALL IMPLEMENT , OVER A PERIOD OF THREE YEARS FROM 1 JANUARY 1983 , A CONCERTED ACTION RESEARCH PROJECT IN THE FIELD OF SHORE-BASED MARINE NAVIGATION AID SYSTEMS , HEREINAFTER REFERRED TO AS " THE PROJECT " .  THE PROJECT SHALL CONSIST OF THE COORDINATION AT COMMUNITY LEVEL OF THE RESEARCH DEFINED IN ANNEX I FORMING PART OF THE RESEARCH PROGRAMMES OF THE MEMBER STATES , TAKING INTO ACCOUNT THE WORK BEING CARRIED OUT IN THE FIELD IN QUESTION BY INTERNATIONAL ORGANIZATIONS AND ENSURING THAT THE INTERNATIONAL CHARACTER OF MARINE NAVIGATION , AND CONSEQUENTLY OF ALL THE RULES GOVERNING IT , IS BORNE IN MIND .  ARTICLE 2  THE COMMISSION SHALL BE RESPONSIBLE FOR THE CO-ORDINATION REFERRED TO IN ARTICLE 1 .  ARTICLE 3  THE FUNDS ESTIMATED AS NECESSARY FOR THE COMMUNITY CONTRIBUTION TO THE COORDINATION SHOULD BE 2.1 MILLION ECU INCLUDING EXPENDITURE ON A STAFF OF ONE .  ARTICLE 4  TO HELP IMPLEMENT THE PROJECT , A CONCERTED ACTION COMMITTEE FOR SHORE-BASED MARINE NAVIGATION AID SYSTEMS HEREINAFTER REFERRED TO AS " THE COMMITTEE " , SHALL BE SET UP .  A PROJECT LEADER SHALL BE APPOINTED BY THE COMMISSION IN AGREEMENT WITH THE COMMITTEE .  THE TERMS OF REFERENCE AND COMPOSITION OF THE COMMITTEE ARE SET OUT IN ANNEX II HERETO .  THE COMMITTEE SHALL ADOPT ITS OWN RULES OF PROCEDURE . THE COMMITTEE SECRETARIAT SHALL BE PROVIDED BY THE COMMISSION .  ARTICLE 5  1 . IN ACCORDANCE WITH A PROCEDURE TO BE LAID DOWN BY THE COMMISSION AFTER CONSULTING THE COMMITTEE , STATES PARTICIPATING IN THE PROJECT AND THE COMMUNITY SHALL EXCHANGE ALL USEFUL INFORMATION CONCERNING THE IMPLEMENTATION OF RESEARCH RELATING TO THE PROJECT ON A REGULAR BASIS . PARTICIPATING MEMBER STATES SHALL SUPPLY THE COMMISSION WITH ALL THE INFORMATION NEEDED FOR COORDINATION PURPOSES . THEY SHALL ALSO ENDEAVOUR TO SUPPLY THE COMMISSION WITH INFORMATION ON RESEARCH ON THE SUBJECT WHICH IS EITHER PLANNED OR HAS BEEN CARRIED OUT BY BODIES FOR WHICH THEY ARE NOT RESPONSIBLE . SUCH INFORMATION SHALL BE TREATED AS CONFIDENTIAL IF THE MEMBER STATE SUPPLYING IT SO REQUESTS .  2 . THE COMMISSION SHALL ESTABLISH ANNUAL PROGRESS REPORTS ON THE BASIS OF THE INFORMATION SUPPLIED AND SHALL FORWARD THEM TO THE MEMBER STATES AND TO THE EUROPEAN PARLIAMENT .  3 . AT THE END OF THE COORDINATION PERIOD , THE COMMISSION , AFTER CONSULTING THE COMMITTEE , SHALL FORWARD TO THE MEMBER STATES AND TO THE EUROPEAN PARLIAMENT A GENERAL REPORT ON THE IMPLEMENTATION AND RESULTS OF THE PROJECT . IT SHALL PUBLISH THIS REPORT SIX MONTHS AFTER IT HAS BEEN FORWARDED TO THE MEMBER STATES UNLESS ONE OF THE MEMBER STATES OBJECTS . IN THE LATTER EVENT THE REPORT SHALL BE DISTRIBUTED , ON REQUEST , ONLY TO THOSE INSTITUTIONS AND UNDERTAKINGS WHOSE RESEARCH OR PRODUCTION ACTIVITIES JUSTIFY ACCESS TO THE RESULTS OF THE RESEARCH CARRIED OUT UNDER THIS PROJECT . THE COMMISSION MAY PROVIDE FOR THE REPORT TO REMAIN CONFIDENTIAL AND NOT TO BE DISCLOSED TO THIRD PARTIES .  ARTICLE 6  IN ACCORDANCE WITH ARTICLE 228 OF THE TREATY THE COMMUNITY MAY CONCLUDE AN AGREEMENT WITH THIRD STATES , AND IN PARTICULAR WITH THOSE PARTICIPATING IN COST , WITH A VIEW TO ENSURING COORDINATION BETWEEN THE COMMUNITY'S PROJECT AND THE CORRESPONDING PROGRAMMES IN THOSE STATES .  DONE AT BRUSSELS , 13 DECEMBER 1982 .  FOR THE COUNCIL  THE PRESIDENT  U . ELLEMANN-JENSEN  ANNEX I  PROJECT CONTENT  1 . A STUDY OF REQUIREMENTS FOR PRECISE NAVIGATION AND SHIP MANOEUVRING IN CONFINED AREAS UNDER VARIOUS HYDRO-METEOROLOGICAL CONDITIONS .  2 . A STUDY TO DEVELOP FACTORS AND CRITERIA THAT CAN SERVE AS A COMMON DETERMINANT FOR MARINE TRAFFIC PROBLEM DEFINITION . AS A SECOND STAGE APPLICATION OF THESE FACTORS AND CRITERIA TO EUROPEAN WATERS .  3 . AN INVENTORY OF EXISTING SHORE-BASED MARINE TRAFFIC SYSTEMS IN WESTERN EUROPE , STATING :  - GEOGRAPHICAL COVERAGE ,  - TYPE OF SERVICE PROVIDED ,  - RULES GOVERNING OPERATION OF THE SERVICE ,  - TRAFFIC INTENSITY IN THE AREA ,  - TYPES OF TRAFFIC IN THE AREA .  4 . A STUDY OF VESSEL IDENTIFICATION METHODS , FOR USE BOTH IN THE CONTROL OF TRAFFIC BY THE MONITORING STATIONS AND IN SHIP-TO-SHIP COMMUNICATIONS .  5 . A STUDY OF METHODS TO ENABLE THE MONITORING STATIONS TO PINPOINT AND TRACK A VESSEL WITH ACCURACY .  6 . METHODS OF SHORE-TO-SHIP AND SHIP-TO-SHIP COMMUNICATION AND DATA EXCHANGE SYSTEMS BETWEEN MONITORING STATIONS AND SHIPS .  7 . A STUDY OF THE HARMONIZATION OF THE PROCEDURES OF TRAFFIC , INFORMATION AND GUIDANCE SERVICES FOR SHIPPING IN WESTERN EUROPE .  AMONG THE INTERNATIONAL ORGANIZATIONS WITH MOST COMPETENCE IN THIS AREA WHICH HAVE BEEN OR ARE WORKING ON THE ABOVE RESEARCH TOPICS ARE THE FOLLOWING :  - INTERNATIONAL MARITIME ORGANIZATION ( IMO ) ,  - INTERNATIONAL ASSOCIATION OF LIGHTHOUSE AUTHORITIES ( IALA ) ,  - INTERNATIONAL ASSOCIATION OF PORTS AND HARBOURS ( IAPH ) .  THIS LIST IS NOT EXHAUSTIVE .  ANNEX II  TERMS OF REFERENCE AND COMPOSITION OF THE CONCERTED ACTION COMMITTEE FOR SHORE-BASED MARINE NAVIGATION AID SYSTEMS  1 . THE COMMITTEE SHALL :  1.1 . CONTRIBUTE TO THE OPTIMUM IMPLEMENTATION OF THE PROJECT BY GIVING ITS OPINION ON ALL ASPECTS OF ITS PROGRESS ;  1.2 . EVALUATE THE RESULTS OF THE PROJECT AND DRAW CONCLUSIONS AS TO THEIR APPLICATION ;  1.3 . BE RESPONSIBLE FOR THE EXCHANGE OF INFORMATION REFERRED TO IN ARTICLE 5 ( 1 ) ;  1.4 . KEEP TRACK OF NATIONAL RESEARCH WORK CARRIED OUT IN THE FIELDS COVERED BY THE PROJECT , IN PARTICULAR BY KEEPING ITSELF INFORMED ABOUT SCIENTIFIC AND TECHNICAL DEVELOPMENTS WHICH MIGHT HAVE AN INFLUENCE ON ITS IMPLEMENTATION ;  1.5 . TAKE CARE TO AVOID DUPLICATING STUDIES AND RESEARCH WORK BEING CARRIED OUT BY THE COMPETENT INTERNATIONAL ORGANIZATIONS , TAKING ACCOUNT OF THE INTERNATIONAL FRAMEWORK IN WHICH CERTAIN PROVISIONS SHOULD , WHERE NECESSARY , BE ADOPTED ;  1.6 . PROVIDE GUIDELINES FOR THE PROJECT LEADER ;  1.7 . ASSIST THE COMMISSION IN THE SELECTION OF CONTRACTORS AND THE ALLOCATION OF THE CORRESPONDING APPROPRIATIONS .  2 . THE COMMITTEE'S REPORTS AND OPINIONS SHALL BE FORWARDED TO THE COMMISSION AND THE MEMBER STATES TAKING PART IN THE PROJECT . THE COMMISSION SHALL FORWARD THESE OPINIONS TO CREST .  3 . THE COMMITTEE SHALL BE COMPOSED OF THE PERSONS RESPONSIBLE FOR COORDINATING THE NATIONAL RESEARCH ACTIVITIES INCLUDED IN THE PROJECT , A DELEGATE FROM THE COMMISSION AND THE PROJECT LEADER . EACH MEMBER MAY BE ACCOMPANIED BY EXPERTS . WHEREVER IT DEEMS IT IS USEFUL , THE COMMITTEE MAY INVITE OBSERVERS FROM THE RELEVANT INTERNATIONAL ORGANIZATIONS ( SEE ANNEX I ) .