title: 2013/2/EU: Council Decision of 17 December 2012 on the signing, on behalf of the European Union, of the Agreement between the European Union and the Republic of Armenia on the facilitation of the issuance of visas

text:
               8.1.2013

               EN

               Official Journal of the European Union

               L 3/1

         COUNCIL DECISION
   of 17 December 2012
   on the signing, on behalf of the European Union, of the Agreement between the European Union and the Republic of Armenia on the facilitation of the issuance of visas
   (2013/2/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 77(2), in conjunction with Article 218(5), thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Joint Declaration of the Prague Eastern Partnership Summit of 7 May 2009 stated the political support towards visa liberalisation and the intention to take gradual steps towards the visa free travel for their citizens in due course.

               (2)

               On 19 December 2011, the Council authorised the Commission to open negotiations with the Republic of Armenia on an Agreement between the European Union and the Republic of Armenia on the facilitation of the issuance of visas (‘the Agreement’). The negotiations were successfully concluded by the initialling of the Agreement on 18 October 2012.

               (3)

               The Agreement should be signed on behalf of the Union, subject to its conclusion.

               (4)

               This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis
                   (1); the United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.

               (5)

               This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis
                   (2); Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application.

               (6)

               In accordance with Articles 1 and 2 of the Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing, on behalf of the Union, the Agreement between the European Union and the Republic of Armenia on the facilitation of the issuance of visas is hereby authorised, subject to the conclusion of the said Agreement (3).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 17 December 2012.

            For the Council

            The President

         S. ALETRARIS

      (1)  OJ L 131, 1.6.2000, p. 43.

      (2)  OJ L 64, 7.3.2002, p. 20.

      (3)  The text of the Agreement will be published together with the decision on its conclusion.


Avis juridique important

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31990D0479

90/479/EEC: Commission Decision of 24 September 1990 accepting undertakings given by certain exporters in connection with the anti-dumping proceeding concerning imports of tungstic oxide and tungstic oxide originating in the People's Republic of China and terminating the investigation with regard to the exporters in question

Official Journal L 264 , 27/09/1990 P. 0057 - 0058

*****COMMISSION  DECISION  of 24 September 1990  accepting undertakings given by certain exporters in connection with the anti-dumping proceeding concerning imports of tungstic oxide and tungstic acid originating in the People's Republic of China and terminating the investigation with regard to the exporters in question  (90/479/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  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 (1), and in particular Article 10 thereof,  After consultations within the Advisory Committee as provided for by Regulation (EEC) No 2423/88,  Whereas:  A. PROVISIONAL MEASURES  (1) Commission Regulation (EEC) No 762/90 (2) imposed a provisional anti-dumping duty on imports of tungstic oxide and tungstic acid originating in the People's Republic of China. The duty was then extended for a period of not more than two months by Council Regulation (EEC) No 2126/90 (3).  B. SUBSEQUENT PROCEEDING  (2) After imposition of the provisional anti-dumping duty, the China Chamber of Commerce of Metals, Minerals and Chemicals Importers, hereinafter referred to as the 'China Chamber of Commerce', acting on behalf of two Chinese exporters, the China National Non-Ferrous Metals Import and Export Corporation (CNIEC) and the China National Metals and Minerals Import and Export Corporation (Minmetals), requested and was granted a hearing.  C. IMPOSITION OF A DEFINITIVE DUTY  (3) Following the imposition of provisional measures, the Commission pursued its investigation into the dumping and consequent injury. On the basis of its conclusions, the Council adopted Regulation (EEC) No 2736/90 of 24 September 1990 imposing a definitive anti-dumping duty on imports of tungstic oxide and tungstic acid originating in the People's Republic of China and definitively collecting the provisional anti-dumping duty imposed on these imports (4).  D. UNDERTAKINGS  (4) The China Chamber of Commerce was notified of the results of the investigation. Two Chinese companies which exported the products in question, CNIEC and Minmetals, then offered to give undertakings in accordance with Article 10 of Regulation (EEC) No 2423/88.  (5) The effect of these undertakings would be to increase export prices by an amount that, without exceeding the dumping margins established, would be sufficient to eliminate the injury to the Community industry. The Commission believes that, administratively, it will be possible to check that these undertakings are carried out. In view of this, the Commission considers that the undertakings offered are acceptable and that the investigation concerning the exporters in question may be closed without imposition of an anti-dumping duty.  (6) Should these undertakings not be complied with or be withdrawn by the exporters concerned, the Commission could, in accordance with Article 10 (6) of Regulation (EEC) No 2423/88, immediately impose a provisional duty on the basis of the results and conclusions of the investigation set out in Regulation (EEC) No 2736/90. Subsequently, a definitive duty could also be imposed by the Council on the basis of information gathered in this investigation.  (7) When the Advisory Committee was consulted on the acceptance of the undertakings offered, two Member States raised objections. Therefore, in accordance with Articles 10 (1) and 9 (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 proceeding be terminated. As the Council has not decided otherwise within one month, the present Decision should be adopted,  HAS DECIDED AS FOLLOWS:  Article 1  The undertakings offered by:  - China National Non-Ferrous Metals Import and Export Corporation (CNIEC) and  - China National Metals and Minerals Import and Export Corporation (Minmetals)  in connection with the anti-dumping proceeding concerning imports of tungstic oxide and tungstic acid falling within CN code ex 2825 90 40 originating in the People's Republic of China are hereby accepted.  Article 2  The investigation in connection with the anti-dumping proceeding referred to in Article 1 is hereby terminated in respect of China Non-Ferrous Metals Import and Export Corporation (CNIEC) and China National Metals and Minerals Import and Export Corporation (Minmetals).  Done at Brussels, 24 September 1990.  For the Commission  Jean DONDELINGER  Member of the Commission  (1) OJ No L 209, 2. 8. 1988, p. 1.  (2) OJ No L 83, 30. 3. 1990, p. 29.  (3) OJ No L 195, 26. 7. 1990, p. 1.  (4) See page 4 of this Official Journal.


title: Commission Decision (EU) 2015/826 of 22 May 2015 concerning national provisions notified by Denmark on the addition of nitrite to certain meat products (notified under document C(2015) 3526)

text:
               28.5.2015

               EN

               Official Journal of the European Union

               L 130/10

         COMMISSION DECISION (EU) 2015/826
   of 22 May 2015
   concerning national provisions notified by Denmark on the addition of nitrite to certain meat products

         (notified under document C(2015) 3526)

   (Only the Danish text is authentic)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114(6) thereof,
   Whereas:
   I.   FACTS AND PROCEDURE

               (1)

               Commission Decision 2010/561/EU (1) approved Danish national provisions on the addition of potassium nitrite, E 249, and sodium nitrite, E 250, (nitrites) to meat products contained in Order No 22 of 11 January 2005 on food additives (Bekendtgørelse nr 22 af 11.1.2005 om tilsætningsstoffer til fødevarer) and the Danish positive list of permitted food additives (Liste over tilladte tilsætningsstoffer til fødevarer, ‘Positivlisten’), which the Kingdom of Denmark notified to the Commission by letter of 20 November 2009, pursuant to Article 114(4) of the Treaty on the Functioning of the European Union (TFEU). These national provisions are approved until 25 May 2015.

               (2)

               Denmark was not required to transpose Directive 2006/52/EC of the European Parliament and of the Council (2) into national law in so far as it relates to the use of nitrites in meat products. Decision 2010/561/EU required Denmark systematically to collect and report data to the Commission on whether the application of the levels laid down in Directive 2006/52/EC achieve the required level of protection and if not, whether it would lead to an unacceptable risk to human health. At the same time, the Decision required the Commission to monitor the implementation of Directive 2006/52/EC in the Member States as regards in particular the use of nitrites by the industry in the different categories of meat products and to consult with the Member States, stakeholders and EFSA.

               (3)

               Commission Regulation (EU) No 1129/2011 (3) transferred the levels and other conditions of use of nitrites in meat products laid down by Directive 2006/52/EC into Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council (4) which applies since 1 June 2013.

               (4)

               By letter of 25 November 2014, Denmark notified the Commission of its wish to continue to maintain national provisions on the use of nitrite additives in meat products that differ from Regulation (EC) No 1333/2008. Order No 542 of 27 May 2013 on food additives etc. in foodstuffs (BEK nr 542 af 27.5.2013 (tilsætningbekendtgørelsen), Offentliggørelsedato: 31.5.2013, Fødevarerministeriet). In support of its notification, Denmark submitted additional information that includes data on consumption and imports of meat products, exposure to nitrites, prevalence of botulism and the formation of nitrosamines in processed meat products.

         1.   UNION LEGISLATION
   1.1.   Article 114(4) and (6) TFEU

               (5)

               Article 114(4) TFEU provides that, ‘If, after the adoption of a harmonisation measure by the European Parliament and the Council, by the Council or by the Commission, a Member State deems it necessary to maintain national provisions on grounds of major needs referred to in Article 36, or relating to the protection of the environment or the working environment, it shall notify the Commission of these provisions as well as the grounds for maintaining them.’

               (6)

               According to Article 114(6) TFEU, the Commission shall, within 6 months of the notification, approve or reject the national provisions involved after having verified whether or not they are a means of arbitrary discrimination or a disguised restriction on trade between Member States and whether or not they shall constitute an obstacle to the functioning of the internal market.

         1.2.   Regulation (EC) No 1333/2008

               (7)

               Under the general principles of Regulation (EC) No 1333/2008 the approval of a food additive is subject to a reasonable technological need, its acceptability from a health point of view and its use not being misleading for the consumer.

               (8)

               Annex II to Regulation (EC) No 1333/2008 lays down a Union list of food additives approved for use in foods and their conditions of use. Only food additives included in the Union list may be placed on the market as such and used in foods under the conditions of use specified therein.

               (9)

               Nitrites have been used in meat products for many decades, inter alia, to secure, in conjunction with other factors, the preservation and microbiological safety of meat products, in particular cured meat products, inhibiting, amongst other things, the multiplication of Clostridium botulinum, the bacteria responsible for life-threatening botulism. At the same time, it is recognised that the presence of nitrites in meat products can give rise to the formation of nitrosamines, which have been found to be carcinogenic. Legislation in this field must, therefore, strike a balance between the risk of the formation of nitrosamines through the presence of nitrites in meat products, on the one hand, and the protective effects of nitrites against the multiplication of bacteria, in particular those responsible for botulism on the other.

               (10)

               Regulation (EC) No 1333/2008, Annex II, Part E, Categories under 08.3: ‘Meat products’ contains maximum amounts for potassium nitrite (E249) and sodium nitrite (E250) that may be added during manufacture. The maximum added amount is 150 mg/kg for most meat products in general and 100 mg/kg for sterilised meat products. For a few specified cured meat products made traditionally in specific Member States the maximum amount is 180 mg/kg.

               (11)

               By way of exception to the general rule, Regulation (EC) No 1333/2008, Annex II, Part E, Categories under 08.3.4: ‘Traditionally cured meat products with specific provisions concerning nitrites and nitrates’ contains maximum residual levels for certain specified traditional cured meat products, which are produced through traditional manufacturing methods. There are maximum residual levels of 50 mg/kg, 100 mg/kg and 175 mg/kg applying to different groups of such products, e.g. 175 mg/kg for Wiltshire bacon, dry cured bacon and similar products, and 100 mg/kg for Wiltshire ham and similar products. In relation to these products maximum residual values have been established since it is not possible to control the ingoing amount of curing salts absorbed by the meat due to the nature of the manufacturing process associated with these products. The production process of these specific products is described in the Regulation to enable identification of ‘similar products’ and to make clear which products are covered by the different maximum levels.

               (12)

               The maximum levels in Regulation (EC) No 1333/2008 are based on the opinions from the Scientific Committee for Food (hereinafter ‘SCF’) of 1990 (5) and 1995 (6) as well as from the European Food Safety Authority (hereinafter ‘EFSA’) of 26 November 2003 (7). The maximum amounts that may be added reflect the ranges referred to in these scientific opinions by specifying that up to 100 mg/kg of nitrite are permitted in sterilised meat products and 150 mg/kg in other meat products. Given the vast variety of (cured) meat products and manufacturing methods within the European Union, the Union legislator held that it was, for the moment, not possible to specify the appropriate level of nitrite for each product.

               (13)

               The exceptions to the rule of applying maximum added amounts have a limited character. They apply to specific products which are traditionally manufactured in certain Member States and for which it is not possible to control the ingoing amount of curing salts absorbed by the meat due to the nature of the manufacturing process associated with these products. The traditional products to which they apply are defined, in particular, through a description of the production method.

         2.   NATIONAL PROVISIONS NOTIFIED

               (14)

               The national provisions notified by Denmark on 25 November 2014 are Order No 542 of 27 May 2013 on food additives etc. in foodstuffs (BEK nr 542 af 27.5.2013 (tilsætningbekendtgørelsen), Offentliggørelsedato: 31.5.2013, Fødevarerministeriet). In the context of Decision 2010/561/EU, the Commission has already assessed the more stringent rules applied by Denmark with respect to E249 and E250.
               Order No 542, provides that nitrites (E249-250) in meat products may only be used under the conditions specified in its Annex 3. Based on Commission Decision 2010/561/EU, [the following] conditions and restrictions have been laid down for the use of nitrites (E249-250). The groups of foodstuffs referred to in the table match the groups listed in Annex II to Regulation (EC) No 1333/2008 on food additives and supersede the usages arising from it:

                           Foodstuff

                           Amount of nitrites added (mg/kg)

                           08.3.1
                           Non-heat-treated processed meat

                           Total 60 mg/kg, but in fermented salamis, total 100 mg/kg and in entirely preserved or semi-preserved products, total 150 mg/kg

                           08.3.2
                           Heat-treated processed meat

                           Total 60 mg/kg, but not in traditional Danish meatballs and liver paté. In entirely preserved or semi-preserved products, total 150 mg/kg, in rullepølse (rolled-meat sausage), total 100 mg/kg, and in entirely preserved or semi-preserved products and salt cured ham, total 150 mg/kg

                           08.3.4
                           Traditional cured meat products covered by special provisions relating to nitrites and nitrates

                           Total 60 mg/kg, but in bacon of the Wiltshire type and related cuts, total 150 mg/kg

               (15)

               Therefore, the 60 mg/kg limit applies for many types of meat products, whereas the corresponding maximum limits of Regulation (EC) No 1333/2008 are 100 or 150 mg/kg.

         3.   PROCEDURE

               (16)

               By letter of 25 November 2014, Denmark notified the Commission of its wish to maintain national provisions on the use of nitrite additives in meat products that differ from Regulation (EC) No 1333/2008. In support of its notification, Denmark submitted additional information that includes data on consumption and imports of meat products, exposure to nitrites, prevalence of botulism and the formation of nitrosamines in processed meat products.

               (17)

               The Commission published a notice regarding the notification in the Official Journal of the European Union
                   (8) in order to inform interested parties of Denmark's national provisions, as well as the grounds invoked to support the request. By letter of 30 March 2015, the Commission also informed the other Member States on the notification and gave them the opportunity to submit comments thereon within 30 days. The Commission received comments within this deadline from Czech Republic and Sweden.

                           —

                           The Czech Republic respects setting of stricter limits for using nitrites as additives in meat products in frame of national requirements for Danish producers. But as it concerns the products from other Member States the Czech Republic requires keeping current limits for content of nitrites in meat products, which are laid down by the Regulation (EC) No 1333/2008 on food additives.

                           —

                           Sweden is of the view that the national provisions of Denmark appear to be well founded and does not seem to have a significant impact on conditions in Sweden. On the basis of what Denmark has indicated in the notification Sweden sees no reason not to accept an extension of the existing national provisions. A further extension would also have the benefit of providing the EU with time for a review of the levels of nitrites, making it possible to incorporate EFSA's ongoing work on nitrites as food additives.

         4.   RE-EVALUATION OF NITRITES

               (18)

               Commission Regulation (EU) No 257/2010 (9) requires that the European Food Safety Authority shall re-evaluate potassium nitrite (E 249) and sodium nitrite (E 250) by end of 2015. For this re-evaluation, EFSA shall examine the earlier opinions of the SCF and EFSA, where available, the original dossier, data submitted by the interested business operator(s) and/or any other interested party and data made available by the Commission and Member States and identify any relevant literature published since the last evaluation of each food additive.

               (19)

               The data that was provided by Denmark in support of its notification on consumption of meat products, the exposure to nitrites, the prevalence of botulism and the formation of nitrosamines in processed meat products was submitted to EFSA with a request to take this into account during the ongoing re-evaluation.

         5.   MONITORING BY THE COMMISSION

               (20)

               In 2014 the Commission finalised a desk study to monitor the implementation by the Member States of the EU rules on nitrites. The study was based on the responses to a questionnaire that was submitted to all Member States. It revealed that with some exceptions, the typical amount of nitrites added to non-sterilised meat products is lower than the EU maximum amount, but higher than the Danish levels. In the report it was concluded that the possibility of reviewing the current maximum levels of nitrites should be further explored (10).

               (21)

               The Commission therefore launched an ad hoc study regarding the use of nitrites by industry in different categories of meat products. This study will include literature research, organisation of a workshop with experts in meat technology and a survey within the EU meat industry on the actual use and use levels of nitrites according to the different types of meat products identified. Conclusions from this study should be available by the end of 2015.

         II.   ASSESSMENT

   1.   ADMISSIBILITY

               (22)

               Under Article 114(4) and (6) TFEU a Member State may, after the adoption of a harmonisation measure, maintain its more stringent national provisions on grounds of major needs referred to in Article 36 TFEU, or relating to the protection of the environment or the working environment, provided that it notifies these national provisions to the Commission and the Commission approves these measures.

               (23)

               The Danish notification relates to national provisions derogating from those of Annex II, Part E to Regulation (EC) No 1333/2008 in relation to potassium nitrite (E 249) and sodium nitrite (E 250). The current Danish provisions already existed in substance at the time these maximum levels were originally laid down in Directive 2006/52/EC.

               (24)

               The Danish Order No 542 allows the addition of the nitrites to meat products only in so far as specific added amounts are not exceeded. Depending on the products in question these maximum amounts are 60, 100 or 150 mg/kg, which are lower for certain products than the ones laid down in Regulation (EC) No 1333/2008. Moreover, unlike Regulation (EC) No 1333/2008, the Danish provisions do not contain any exceptions to the principle of fixing maximum added amounts for nitrites, thereby not permitting the placing on the market of certain traditionally manufactured meat products from other Member States.

               (25)

               The Danish provisions are therefore more stringent than the provisions of Regulation (EC) No 1333/2008 in so far that they lay down lower maximum added amounts than for several types of products (in many cases 60 mg/kg) and in so far as they do not allow the placing on the market of certain traditional meat products on the basis of maximum residual values.

               (26)

               In accordance with Article 114(4) TFEU, the notification was supplemented by a description of the grounds relating to one or more of the major needs referred to in Article 36 TFEU, in this case the protection of health and life of humans. An accompanying Report of the Danish Ministry of Food, Agriculture and Fisheries provides additional data on the consumption and imports of meat products, exposure to nitrites, prevalence of botulism and the formation of nitrosamines in processed meat products.

               (27)

               In light of the foregoing, the Commission considers that the application submitted by Denmark with a view to obtaining authorisation to maintain its national provisions on the use of nitrites in meat products is admissible under Article 114(4) TFEU.

         2.   ASSESSMENT OF MERITS

               (28)

               In accordance with Article 114(4) and (6), first subparagraph, TFEU, the Commission must ascertain that all the conditions enabling a Member State to maintain its national provisions derogating from a Union harmonisation measure provided for in that Article are fulfilled.

               (29)

               In particular, the Commission has to assess whether or not the national provisions are justified by the major needs referred to in Article 36 TFEU or relating to the protection of the environment or the working environment and do not exceed what is necessary to attain the legitimate objective pursued. In addition, when the Commission considers that the national provisions fulfil the above conditions, it must verify, pursuant to Article 114(6) TFEU, whether or not the national provisions are a means of arbitrary discrimination or a disguised restriction on trade between Member States and whether or not they constitute an obstacle to the functioning of the internal market.

               (30)

               It has to be noted that, in the light of the time frame established by Article 114(6) TFEU, the Commission, when examining whether the national measures notified under Article 114(4) TFEU are justified, has to take as a basis ‘the grounds’ put forward by the notifying Member State. This means that, according to the provisions of TFEU, the responsibility of proving that the national measures are justified lies with the requesting Member State that seeks to maintain them.

               (31)

               However, where the Commission is in possession of information in the light of which the Union harmonisation measure from which the notified national provisions derogate may need to be reviewed, it can take such information into consideration in the assessment of the notified national provisions.

         2.1.   The position of Denmark

               (32)

               Denmark claims that its legislation ensures a higher level of protection of health and life of humans in that it lays down lower maximum added amounts for nitrites than the ones provided for in Regulation (EC) No 1333/2008, and does not allow the placing on the market of traditional meat products for which no ingoing amounts can be established. Denmark considers that the Danish provisions are fully consistent with the recommendations which the SCF made in 1990 and 1995, as well as with the opinion of EFSA of 26 November 2003.

               (33)

               Denmark also considers that regulating the nitrite amounts used on the basis of whether they were considered to involve an intake in excess of the established relevant acceptable daily intake (ADI) does not provide the necessary protection of human health. The ADI established for nitrites does not take into account the formation of nitrosamines, which are associated with the use of nitrites in meat products. According to scientific evaluations, nitrosamines are genotoxic; as such, it is not possible to establish a limit under which they are not carcinogenic. Denmark further emphasises that the formation of nitrosamines depends on the nitrite amounts that are added, and not on the much lower residual amounts, which, due to the substance's transformation in the foodstuff, are typically present in the product at the time of consumption.

               (34)

               Thus, in its opinion, the overall scientific assessment demonstrates that (a) the use should be reduced as far as possible by using differentiated amounts in line with the technical needs related to different foodstuffs, (b) the use of nitrites and nitrates should be regulated in terms of the amounts that are added rather than the residual amounts, and (c) the necessary preservation is achieved by using the amounts recommended by EFSA. In that respect, Denmark considers that its national provisions systematically follow these recommendations, whereas Regulation (EC) No 1333/2008 does not as far as nitrites are concerned.

               (35)

               Denmark also stresses that its national provisions have been in place for many years and have never given rise to problems with the preservation of the products concerned. Moreover, it has a relatively low rate of botulism compared with other EU Member States, and not a single case caused by the consumption of meat products has been recorded since 1980. Denmark notes that no cases of botulism have been recorded in Denmark since 2006. Thus, the Danish provisions on the use of nitrites in meat products are still considered as providing comprehensive protection against food poisoning.

               (36)

               As regards consumption patterns, the Report of the Danish Ministry of Food, Agriculture and Fisheries provides additional data on the consumption and import of meat products as well as an analysis of nitrite in meat products on the Danish market. According to the Danish authorities, this Report demonstrates that the consumption of meat products to which nitrites may be added is stable over the years.

               (37)

               As regards the exposure to nitrites, the Report of the Danish Ministry of Food, Agriculture and Fisheries provides estimates based on 384 nitrite analyses in processed meat and meat cold cuts and on consumption data from dietary surveys. Based on these estimates, the mean exposure remains below the ADI for nitrites. Children aged 4-5 years are exposed to a three-fold higher exposure per kg body weight compared to adults.

               (38)

               As regards the formation of nitrosamines in processed meat products, the Danish Ministry of Food, Agriculture and Fisheries provided summary report on the presence of N-nitrosamines in processed meat products, prepared by the DTU National Food Institute, which concludes that low levels of nitrosamines are best achieved by using as little nitrite as possible and to use it in combination with erythorbic acid, ascorbic acid or ascorbate as this would prevent the possible formation of nitrosamines.

               (39)

               Furthermore, Denmark maintains that its provisions on nitrites do not act as an obstacle to trade, referring to figures showing that imports of meat products from other Member States have been taking place and have even increased since 2010.

               (40)

               In sum, Denmark considers it legitimate to reduce the risk to human health stemming from the exposure to nitrosamines beyond the requirements of Regulation (EC) No 1333/2008 through the continued application of its legislation. According to Denmark, the monitoring, which it undertook pursuant to Decision 2010/561/EU, demonstrates that the health considerations previously taken into account are still valid. Finally, it contends that the data available show that the Danish provisions do not constitute an obstacle to trade in the products concerned.

         2.2.   Evaluation of the Danish position

   2.2.1.   Justification on grounds of major needs referred to in Article 36 TFEU

               (41)

               The Danish legislation aims to achieve a higher level of protection of health and life of humans with regard to exposure to nitrites and the possible formation of nitrosamines in meat products, by specifying lower maximum added amounts of nitrite in relation to certain meat products, when compared with the maximum levels provided under Regulation (EC) No 1333/2008 and not allowing the placing on the market of products for which only maximum residual levels can be established.

               (42)

               When assessing whether the Danish legislation is actually adequate and necessary for achieving this objective a number of factors need to be taken into account. In particular, two health risks need to be balanced, the presence of nitrosamines in meat products on the one hand, and the microbiological safety of meat products on the other. The latter aspect is more than a mere technological need, but a highly relevant health concern in its own right. While it is recognised that the levels of nitrites in meat products need to be limited, lower levels of nitrite in meat will not automatically lead to a higher protection of human health. The most appropriate level of nitrite depends on a number of factors acknowledged in the relevant opinions of the SCF and EFSA, e.g. the addition of salt, moisture, pH, shelf-life of the product, hygiene, temperature control, etc.

               (43)

               In the light of the preceding considerations and those under recitals 10 and 11 above, the Commission considers that, in principle, Regulation (EC) No 1333/2008 constitutes an adequate response to the challenge of reconciling two conflicting health risks in light of the diversity of meat products across the Union.

               (44)

               Nevertheless, the Commission has to evaluate the specific choices made by the Danish regulator and the experience made with these rules, which have been in force for a considerable period of time. Through the figures it provided on the occurrence of food poisoning and, in particular, botulism, Denmark has demonstrated that it has achieved satisfactory results with its legislation so far. These data show that the maximum levels specified in the Danish legislation appear to have been sufficient to ensure the microbiological safety of the meat products currently made in Denmark and the production methods currently used in Denmark.

               (45)

               The Commission notes that the Danish legislation is compatible with the relevant scientific opinions of the Union's scientific bodies. It is based on a regulation of maximum added values and respects the ranges of added amounts of nitrite referred to in these opinions, i.e. 50-150 mg/kg. At the same time, Denmark has established more specific maximum added amounts for particular groups of meat products, compared with the Regulation, in light of the types of meat products and manufacturing methods prevailing in Denmark.

               (46)

               In addition, it must be considered that, according to information provided by Denmark, the bulk of the meat products consumed by the Danish population relates to meat products for which there is currently a limit of 60 mg/kg and which would have to be replaced with a limit of 100 or 150 mg/kg. Although Danish manufacturers, like manufacturers in other Member States, would not be obliged to raise the amounts of nitrites currently added to their products to the maximum levels referred to in Regulation (EC) No 1333/2008, an increase of the actual exposure of the Danish population to nitrites cannot be excluded.

               (47)

               On the basis of the information available at the moment, the Commission considers that the request to maintain the notified measures can be temporarily accepted on grounds of protection of public health in Denmark.

         2.2.2.   Absence of any arbitrary discrimination, any disguised restriction of trade between Member States or any obstacle to the functioning of the internal market

   2.2.2.1.   Absence of arbitrary discrimination

               (48)

               Article 114(6) TFEU obliges the Commission to verify that the envisaged measures are not a means of arbitrary discrimination. According to the jurisprudence of the Court of Justice, in order for there to be no discrimination, similar situations must not be treated in different ways and different situations must not be treated in the same way.

               (49)

               The Danish national rules apply to both domestic products and products made in other Member States. In the absence of any evidence to the contrary, it can be concluded that the national provisions are not a means of arbitrary discrimination.

         2.2.2.2.   Absence of a disguised restriction on trade

               (50)

               National measures which restrict the use of products to a greater extent than a Union Regulation would normally constitute a barrier to trade, in so far as products that are legally placed on the market and used in the rest of the Union are not expected, as a result of the prohibition on use, to be placed on the market in the Member State concerned. The pre-conditions laid down in Article 114(6) TFEU are intended to prevent restrictions based on the criteria set out in paragraphs (4) and (5) thereof from being applied for inappropriate reasons, and constituting in effect economic measures to impede the importation of products from other Member States, that is to say, a means of indirectly protecting national production.

               (51)

               Given that the Danish rules also impose stricter standards on the addition of nitrites to certain meat products on operators based in other Member States in an otherwise harmonised area, they are liable to constitute a disguised restriction of trade or an obstacle to the functioning of the internal market. It is recognised, however, that Article 114(6) TFEU must be read in the sense that only national measures constituting a disproportionate obstacle to the internal market may not be approved. In this connection, Denmark has submitted figures which indicate that imports of meat products from other Member States not only have been taking place in spite of its legislation, but they have even increased since 2010.

               (52)

               In the absence of any evidence suggesting that the national provisions constitute in effect a measure intended to protect national production, it can be concluded that they are not a disguised restriction to trade between Member States.

         2.2.2.3.   Absence of obstacles to the functioning of the internal market

               (53)

               This condition cannot be interpreted in such a way that it precludes the approval of any national measure likely to affect the establishment of the internal market. Indeed, any national measure derogating from a harmonisation measure aimed at the establishment and operation of the internal market constitutes in substance a measure likely to affect the internal market. Consequently, in order to preserve the useful character of the procedure laid down in Article 114 TFEU, the concept of obstacle to the functioning of the internal market must, in the context of Article 114(6) TFEU, be understood as a disproportionate effect in relation to the pursued objective.

               (54)

               Given the health benefits invoked by the Danish government in relation to the reduction of exposure to nitrites in meat products and the fact that, on the basis of currently available figures, trade does not appear to be affected at all or only to a very limited extent, the Commission considers that the notified Danish rules may temporarily continue to be maintained on grounds relating to the protection of health and life of humans having regard to the fact that they are not disproportionate and do, therefore, not constitute an obstacle to the functioning of the internal market in the sense of Article 114(6) TFEU.

               (55)

               In the light of this analysis, the Commission considers that the condition relating to the absence of obstacles to the functioning of the internal market is fulfilled.

         2.2.3.   Limitation in time

               (56)

               The above conclusions are based on the currently available information and, in particular, on figures indicating that Denmark has been able to control botulism despite lower maximum levels of nitrite added to particular types of meat products, while not disrupting trade in a disproportionate fashion.

               (57)

               Another important factor is the rate of consumption in Denmark of meat products in relation to which the application of Regulation (EC) No 1333/2008 could lead to an increase of the exposure of the Danish population to nitrites and thereby nitrosamines.

               (58)

               Denmark would need to continue to monitor the situation and collect data on whether the application of the levels laid down in Regulation (EC) No 1333/2008 achieve the required level of protection and if not, whether it would lead to an unacceptable risk to human health. The data collected should focus in particular on the control of botulism. In addition Denmark would need to continue to collect data on imports of meat products from other Member States. Denmark would be required to report the collected data to the Commission within two years from the date of adoption of the present Decision. Moreover, the Commission should consider the conclusions of the re-evaluation of nitrites by EFSA in accordance with Regulation (EU) No 257/2010 and of the ad hoc study as regards the use of nitrites by industry in different categories of meat products.

               (59)

               Against this background, the Commission considers that the national provisions, to the extent specified above, can be approved for a limited period of 3 years.

         III.   CONCLUSION

               (60)

               In the light of the above considerations, and taking account of comments provided by Member States on the notification submitted by the Danish authorities, the Commission is of the opinion that the request by Denmark, received by the Commission on 25 November 2014, for maintaining its national provisions on the addition of nitrites, which are more stringent than those of Regulation (EC) No 1333/2008, can be approved for a period of 3 years from the date of adoption of the present Decision. Denmark would need to continue to monitor the situation and collect data on whether the application of the levels laid down in Regulation (EC) No 1333/2008 achieve the required level of protection and if not, whether it would lead to an unacceptable risk to human health,

         HAS ADOPTED THIS DECISION:
   Article 1
   The national provisions on the addition of nitrites to meat products contained in Order No 542 of 27 May 2013 on food additives etc. in foodstuffs (BEK nr 542 af 27.5.2013 (tilsætningbekendtgørelsen), Offentliggørelsedato: 31.5.2013, Fødevarerministeriet), which the Kingdom of Denmark notified to the Commission by letter of 25 November 2014, pursuant to Article 114(4) TFEU, are approved.
   Article 2
   This Decision shall expire on 22 May 2018.
   Article 3
   This Decision is addressed to the Kingdom of Denmark.

      Done at Brussels, 22 May 2015.

            For the Commission

         Vytenis ANDRIUKAITIS

            Member of the Commission

      (1)  Commission Decision 2010/561/EU of 25 May 2010 concerning national provisions notified by Denmark on the addition of nitrite to certain meat products (OJ L 247, 21.9.2010, p. 55).

      (2)  Directive 2006/52/EC of the European Parliament and of the Council of 5 July 2006 amending Directive 95/2/EC on food additives other than colours and sweeteners and Directive 94/35/EC on sweeteners for use in foodstuffs (OJ L 204, 26.7.2006, p. 10).

      (3)  Commission Regulation (EU) No 1129/2011 of 11 November 2011 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council by establishing a Union list of food additives (OJ L 295, 12.11.2011, p. 1).

      (4)  Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 354, 31.12.2008, p. 16).

      (5)  Opinion on nitrates and nitrites expressed on 19 October 1990, European Commission — Reports of the Scientific Committee for Food (twenty-sixth series), p. 21.

      (6)  Opinion on nitrates and nitrite expressed on 22 September 1995, European Commission — Reports of the Scientific Committee for Food (thirty-eighth series), p. 1.

      (7)  Opinion of the Scientific Panel on Biological Hazards on a request from the Commission related to the effects of Nitrites/Nitrates on the Microbiological Safety of Meat Products, The EFSA Journal (2003) 14, p. 1.

      (8)  OJ C 93, 20.3.2015, p. 18.

      (9)  Commission Regulation (EU) No 257/2010 of 25 March 2010 setting up a programme for the re-evaluation of approved food additives in accordance with Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives (OJ L 80, 26.3.2010, p. 19).

      (10)  https://webgate.ec.europa.eu/sanco_foods/main/index.cfm?event=document.edit&identifier=5924&documentTypeIdentifier=57


title: 2006/454/EC: Council Decision of  29 April 2004  on the signing and provisional application of a Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part and Georgia, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union

text:
               6.7.2006

               EN

               Official Journal of the European Union

               L 185/9

         Council Decision
   of 29 April 2004
   on the signing and provisional application of a Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part and Georgia, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union
   (2006/454/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 44(2), the last sentence of Article 47(2), and Articles 55, 57(2), 71, 80(2), 93, 94, 133 and 181a, in conjunction with Article 300(2) first subparagraph, first sentence thereof,
   Having regard to the Treaty of Accession of 16 April 2003, and in particular Article 2(3) thereof,
   Having regard to the Act annexed to the Treaty of Accession, and in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On 8 December 2003, the Council authorised the Commission, on behalf of the Community and its Member States, to negotiate with Georgia a Protocol to the Partnership and Cooperation Agreement to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union, and to provide for certain technical adjustments linked to the institutional and legal developments within the European Union.

               (2)

               Subject to its possible conclusion at a later date, the Protocol has been negotiated between the Parties and should now be signed on behalf of the European Community and its Member States.

               (3)

               The Protocol should be applied on a provisional basis as from the date of accession, pending completion of the relevant procedures for its formal conclusion,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the European Community and its Member States, the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Georgia, of the other part, to take account of the accession of the Czech Republic, the Republic of Cyprus, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union, subject to possible conclusion at a later stage.
   The text of the Protocol is attached to this Decision (1).
   Article 2
   Pending its entry into force, the Protocol shall be applied on a provisional basis from the date of accession.

      Done at Luxembourg, 29 April 2004.

            For the Council

            The President

         M. McDOWELL

      (1)  See page 10 of this Official Journal,
    ---documentbreak---

               6.7.2006

               EN

               Official Journal of the European Union

               L 185/10

         PROTOCOL
   to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part and Georgia, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union
   THE KINGDOM OF BELGIUM,
   THE CZECH REPUBLIC,
   THE KINGDOM OF DENMARK,
   THE FEDERAL REPUBLIC OF GERMANY,
   REPUBLIC OF ESTONIA,
   THE HELLENIC REPUBLIC,
   THE KINGDOM OF SPAIN,
   THE FRENCH REPUBLIC,
   IRELAND,
   THE ITALIAN REPUBLIC,
   REPUBLIC OF CYPRUS,
   REPUBLIC OF LATVIA,
   REPUBLIC OF LITHUANIA,
   THE GRAND DUCHY OF LUXEMBOURG,
   REPUBLIC OF HUNGARY,
   REPUBLIC OF MALTA,
   THE KINGDOM OF THE NETHERLANDS,
   THE REPUBLIC OF AUSTRIA,
   REPUBLIC OF POLAND,
   THE PORTUGUESE REPUBLIC,
   REPUBLIC OF SLOVENIA,
   THE SLOVAK REPUBLIC,
   THE REPUBLIC OF FINLAND,
   THE KINGDOM OF SWEDEN,
   THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
   hereinafter referred to as the ‘Member States’, represented by the Council of the European Union, and
   THE EUROPEAN COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY,
   hereinafter referred to as ‘the Communities’ represented, by the Council of the European Union and the European Commission,
   of the one part, and
   GEORGIA
   of the other part,
   HAVING REGARD TO the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union on 1 May 2004,
   HAVE AGREED AS FOLLOWS:
   Article 1
   The Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia shall be Parties to the Partnership and Cooperation Agreement, establishing a partnership between the European Communities and their Member States, of the one part, and Georgia, of the other part, signed at Luxemburg on 22 April 1996 (hereinafter the Agreement) and shall respectively adopt and take note, in the same manner as the other Member States of the Community, of the texts of the Agreement and of the documents attached to it.
   Article 2
   To take account of recent institutional developments within the European Union, the Parties agree that, following expiry of the Treaty establishing the European Coal and Steel Community, existing provisions in the Agreement referring to the European Coal and Steel Community shall be deemed to refer to the European Community, which has taken over all rights and obligations contracted by the European Coal and Steel Community.
   Article 3
   This Protocol shall form an integral part of the Agreement.
   Article 4
   1.   This Protocol shall be approved by the Communities, by the Council of the European Union on behalf of the Member States, and by Georgia in accordance with their own procedures.
   2.   The Parties shall notify each other of the accomplishment of the corresponding procedures referred to in the preceding paragraph. The instruments of approval shall be deposited with the General Secretariat of the Council of the European Union.
   Article 5
   1.   This Protocol shall enter into force on the same day as the 2003 Treaty of Accession provided that all the instruments of approval of this Protocol have been deposited before that date.
   2.   Where not all the instruments of approval of this Protocol have been deposited before that date, this Protocol shall enter into force on the first day of the first month following the date of the deposit of the last instrument of approval.
   3.   Where not all the instruments of approval of this Protocol have been deposited before 1 May 2004, this Protocol shall apply provisionally with effect from 1 May 2004.
   Article 6
   The texts of the Agreement, the Final Act and all documents annexed to it are drawn up in the Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovak and Slovene languages.
   These texts are annexed (1) to this Protocol and are equally authentic with the texts in the other languages in which the Agreement, the Final Act and the documents annexed to it are drawn up.
   Article 7
   This Protocol is drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovene, Spanish, Swedish and in Georgian languages, each of these texts being equally authentic.

      Hecho en Bruselas, el treinta de abril del dos mil cuatro.
      V Bruselu dne třicátého dubna dva tisíce čtyři.
      Udfærdiget i Bruxelles den tredivte april to tusind og fire.
      Geschehen zu Brüssel am dreißigsten April zweitausendundvier.
      Kahe tuhande neljanda aasta kolmekümnendal aprillil Brüsselis.
      Έγινε στις Βρυξέλλες, στις τριάντα Απριλίου δύο χιλιάδες τέσσερα.
      Done at Brussels on the thirtieth day of April in the year two thousand and four.
      Fait à Bruxelles, le trente avril deux mille quatre.
      Fatto a Bruxelles, addì trenta aprile duemilaquattro.
      Briselē, divi tūkstoši ceturtā gada trīsdesmitajā aprīlī.
      Priimta du tūkstančiai ketvirtų metų balandžio trisdešimtą dieną Briuselyje.
      Kelt Brüsszelben, a kétezer-negyedik év április havának tizenharmadik napján.
      Magħmul fi Brussel fit-tletin jum ta' April tas-sena elfejn u erbgħa.
      Gedaan te Brussel, de dertigste april tweeduizend vier.
      Sporządzono w Brukseli, dnia trzynastego kwietnia roku dwa tysiące czwartego.
      Feito em Bruxelas, em trinta de Abril de dois mil e quatro.
      V Bruseli dňa tridsiateho apríla dvetisícštyri.
      V Bruslju, dne tridesetega aprila leta dva tisoč štiri.
      Tehty Brysselissä kolmantenakymmenentenä päivänä huhtikuuta vuonna kaksituhattaneljä.
      Som skedde i Bryssel den trettionde april tjugohundrafyra.

         Por los Estados miembros
         Za členské státy
         For medlemsstaterne
         Für die Mitgliedstaaten
         Liikmesriikide nimel
         Για τα κράτη μέλη
         For the Member States
         Pour les États membres
         Per gli Stati membri
         Dalībvalstu vārdā
         Valstybių narių vardu
         A tagállamok részéről
         Għall-Istati Membri
         Voor de lidstaten
         W imieniu Państw Członkowskich
         Pelos Estados-Membros
         Za členské štáty
         Za države članice
         Jäsenvaltioiden puolesta
         På medlemsstaternas vägnar
         wevr saxelmwifoTa saxeliT

         Por las Comunidades Europeas
         Za Evropská společenství
         For De Europæiske Fællesskaber
         Für die Europäischen Gemeinschaften
         Euroopa ühenduste nimel
         Για τις Ευρωπαϊκές Κοινότητες
         For the European Communities
         Pour les Communautés européennes
         Per le Comunità europee
         Eiropas Kopienu vārdā
         Europos Bendrijų vardu
         Az Európai Közösségek részéről
         Għall-Komunitajiet Ewropej
         Voor de Europese Gemeenschappen
         W imieniu Wspólnot Europejskich
         Pelas Comunidades Europeias
         Za Európske spoločenstvá
         Za Evropske skupnosti
         Euroopan yhteisöjen puolesta
         På Europeiska gemenskapernas vägnar
         evrogaerTianebaTa saxeliT

         Por Georgia
         Za Gruzii
         For Georgien
         Für Georgien
         Gruusia nimel
         Για τη Γεωργία
         For Georgia
         Pour la Géorgie
         Per la Georgia
         Gruzijas vārdā
         Gruzijos vardu
         Grúzia részéről
         Għall-Ġorġja
         Voor Georgië
         W imieniu Gruzji
         Pela Geórgia
         Za Gruzínsko
         Za Gruzijo
         Georgian puolesta
         På Georgiens vägnar

      (1)  The Czech, Estonian, Latvian, Lithuanian, Hungarian, Maltese, Polish, Slovak and Slovenian versions of the Agreement will be published in a special edition of the Official Journal at a later date.


title: 2005/126/EC: Commission Decision of 11 February 2005 on the continuation in the year 2005 of Community comparative trials and tests on propagating material of ornamental plants of certain species under Council Directive 98/56/EC started in 2003

text:
               12.2.2005

               EN

               Official Journal of the European Union

               L 42/30

      COMMISSION DECISION

   of 11 February 2005
   on the continuation in the year 2005 of Community comparative trials and tests on propagating material of ornamental plants of certain species under Council Directive 98/56/EC started in 2003
   (2005/126/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 98/56/EC of 20 July 1998 on the marketing of propagating material of ornamental plants (1),
   Having regard to Commission Decision 2002/744/EC of 5 September 2002 setting out the arrangements for Community comparative trials and tests on propagating material of ornamental plants under Council Directive 98/56/EC (2), and in particular Article 3 thereof,
   Whereas:

               (1)

               Decision 2002/744/EC sets out the arrangements for the comparative trials and tests to be carried out under Directive 98/56/EC as regards Chamaecyparis, Ligustrum vulgare and Euphorbia fulgens from 2003 to 2005.

               (2)

               Tests and trials carried out in 2003 and 2004 should be continued in 2005,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   Community comparative trials and tests which began in 2003 on propagating material of Chamaecyparis, Ligustrum vulgare and Euphorbia fulgens shall be continued in 2005 in accordance with Decision 2002/744/EC.

      Done at Brussels, 11 February 2005.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 226, 13.8.1998, p. 16. Directive as last amended by Directive 2003/61/EC (OJ L 165, 3.7.2003, p. 23).

      (2)  OJ L 240, 7.9.2002, p. 63.


Avis juridique important

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31990D0478

90/478/EEC: Commission Decision of 24 September 1990 accepting undertakings offered by certain exporters in connection with the anti-dumping proceeding concerning imports of tungsten ores and concentrates originating in the People's Republic of China and terminating the investigation with regard to these exporters

Official Journal L 264 , 27/09/1990 P. 0055 - 0056

*****COMMISSION  DECISION  of 24 September 1990  accepting undertakings offered by certain exporters in connection with the anti-dumping proceeding concerning imports of tungsten ores and concentrates originating in the People's Republic of China and terminating the investigation with regard to these exporters  (90/478/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  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 (1), and in particular Article 10 thereof,  After consultation within the Advisory Committee as provided for in Regulation (EEC) No 2423/88,  Whereas  A. PROVISIONAL MEASURES  (1) By Regulation (EEC) No 761/90 (2), the Commission imposed a provisional anti-dumping duty on imports of tungsten ores and concentration originating in the People's Republic of China. This duty was extended for a period not exceeding two months by Council Regulation (EEC) No 2128/90 (3).  B. SUBSEQUENT PROCEDURES  (2) Following the imposition of the provisional anti-dumping duty, the China Chamber of Commerce of Metals, Minerals and Chemicals Importers and Exporters, on behalf of two Chinese exporters - the China National Non-Ferrous Metals Import and Export Corporation (CNIEC) and the China National Metals and Minerals and Export Corporation (Minmetals), requested and was granted a hearing.  C. IMPOSITION OF A DEFINITIVE DUTY  (3) Following the imposition of provisional measures, the Commission continued its investigation of dumping and injury, in conclusion of which the Council adopted Regulation (EEC) No 2735/90 (4), imposing a definitive anti-dumping duty on imports of tungsten ores and concentrates originating in the People's Republic of China and definitively collecting the provisional duty.  D. UNDERTAKINGS  (4) The China Chamber of Commerce of Metals, Minerals and Chemicals Importers and Exporters was informed of the results of the investigation. Two Chinese exporters, CNIEC and Minmetals, subsequently offered undertakings in accordance with Article 10 of Regulation (EEC) No 2423/88.  (5) These undertakings have the effect of raising prices by an amount which in no case exceeds the dumping margins established but which is sufficient to remove the injury caused to the Community industry. It is moreover, possible to monitor  and control that these undertakings are respected. Under these circumstances, the undertakings offered are considered acceptable and the investigations can be terminated for the exporters concerned without imposing an anti-dumping duty.  (6) Additionally, should these undertakings not be respected, or should they be terminated by the exporters, the Commission may, in accordance with Article 10 (6) of Regulation (EEC) No 2423/88, immediately impose a provisional duty and the Council may subsequently impose a definitive duty on the basis of the findings and conclusions of the investigation referred to in Regulation (EEC) No 2735/90.  (7) An objection to this course of action was raised in the Advisory Committee by two Member States. Therefore, in conformity with the provisions of Articles 10 (1) and 9 (1) of Regulation (EEC) No 2423/88, the Commission submitted to the Council a report on the results of the consultations, together with a proposal that the investigation be terminated. As the Council has not decided otherwise within one month, the present Decision should be adopted,  HAS DECIDED AS FOLLOWS:  Article 1  The undertakings offered by:  - China National Non-Ferrous Metals Import and Export Corporation (CNIEC)  - China National Metals and Minerals Import and Export Corporation (Minmetals)  in connection with the anti-dumping proceeding concerning imports of tungsten ores and concentrates falling within CN code 2611 00 00 and originating in the People's Republic of China are hereby accepted.  Article 2  The investigation in connection with the anti-dumping proceeding referred to in Article 1 is hereby terminated in respect of China National Non-Ferrous Metals Import and Export Corporation (CNIEC) and China National Metals and Minerals Import and Export Corporation (Minmetals).  Done at Brussels, 24 September 1990.  For the Commission  Jean DONDELINGER  Member of the Commission  (1) OJ No L 209, 2. 8. 1988, p. 1.  (2) OJ No L 83, 30. 3. 1990, p. 23.  (3) OJ No L 195, 26. 7. 1990, p. 3.  (4) See page 1 of this Official Journal.


Avis juridique important

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31990D0480

90/480/EEC: Commission Decision of 24 September 1990 accepting undertakings given by certain exporters in connection with the anti-dumping proceeding concerning imports of tungsten carbide and fused tungsten carbide originating in the People's Republic of China and terminating the investigation with regard to the exporters in question

Official Journal L 264 , 27/09/1990 P. 0059 - 0060

*****COMMISSION  DECISION  of 24 September 1990  accepting undertakings given by certain exporters in connection with the anti-dumping proceeding concerning imports of tungsten carbide and fused tungsten carbide originating in the People's Republic of China and terminating the investigation with regard to the exporters in question  (90/480/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  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 (1), and in particular Article 10 thereof,  After consultations within the Advisory Committee as provided for by Regulation (EEC) No 2423/88,  Whereas:  A. PROVISIONAL MEASURES  (1) Commission Regulation (EEC) No 763/90 (2), imposed a provisional anti-dumping duty on imports of tungsten carbide and fused tungsten carbide originating in the People's Republic of China. The duty was extended for a period of not more than two months by Council Regulation (EEC) No 2127/90 (3).  B. SUBSEQUENT PROCEEDING  (2) After imposition of the provisional anti-dumping duty, the China Chamber of Commerce of Metals, Minerals and Chemicals Importers, hereinafter referred to as the 'China Chamber of Commerce', acting on behalf of two Chinese exporters, the China National Non-Ferrous Metals Import and Export Corporation (CNIEC) and the China National Metals and Minerals Import and Export Corporation (Minmetals), requested and was granted a hearing.  C. IMPOSITION OF A DEFINITIVE DUTY  (3) Following the imposition of provisional measures, the Commission pursued its investigation into the dumping and consequent injury. On the basis of its conclusions, the Council adopted Regulation (EEC) No 2737/90 (4) of 24 September 1990 imposing a definitive anti-dumping duty on imports of tungsten carbide and fused tungsten carbide originating in the People's Republic of China and definitively collecting the provisional anti-dumping duty imposed on these imports.  D. UNDERTAKINGS  (4) The China Chamber of Commerce was notified of the results of the investigation. Two Chinese companies which exported the products in question, CNIEC and Minmetals, then offered to give undertakings in accordance with Article 10 of Regulation (EEC) No 2423/88.  (5) The effect of these undertakings would be to increase export prices by an amount that, without exceeding the dumping margins established, would be sufficient to eliminate the injury to the Community industry. The Commission believes that, administratively, it will be possible to check that these undertakings are carried out. In view of this, the Commission considers that the undertakings offered are acceptable and that the investigation concerning the exporters in question may be closed without imposition of an anti-dumping duty.  (6) Should these undertakings not be complied with or be withdrawn by the exporters concerned, the Commission could, in accordance with Article 10 (6) of Regulation (EEC) No 2423/88, immediately impose a provisional duty on the basis of the results and conclusions of the investigation set out in Regulation (EEC) No 2737/90. Subsequently, a definitive duty could also be imposed by the Council on the basis of information gathered in this investigation.  (7) When the Advisory Committee was consulted on the acceptance of the undertakings offered, two Member States raised objections. Therefore, in accordance with Articles 10 (1) and 9 (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 proceeding be terminated. As the Council has not decided otherwise within one month, the present Decision should be adopted,  HAS DECIDED AS FOLLOWS:  Article 1  The undertakings offered by:  - China National Non-Ferrous Metals Import and Export Corporation (CNIEC) and  - China National Metals and Minerals Import and Export Corporation (Minmetals)  in connection with the anti-dumping proceeding concerning imports of tungsten carbide and fused tungsten carbide falling within CN code 2849 90 30 originating in the People's Republic of China are hereby accepted.  Article 2  The investigation in connection with the anti-dumping proceeding referred to in Article 1 is hereby terminated in respect of China Non-Ferrous Metals Import and Export Corporation (CNIEC) and China National Metals and Minerals Import and Export Corporation (Minmetals).  Done at Brussels, 24 September 1990.  For the Commission  Jean DONDELINGER  Member of the Commission  (1) OJ No L 209, 2. 8. 1988, p. 1.  (2) OJ No L 83, 30. 3. 1990, p. 36.  (3) OJ No L 195, 26. 7. 1990, p. 2.  (4) See page 7 of this Official Journal.


title: 2009/947/EC: Council Decision of 30 November 2009 on the conclusion of the Agreement between the European Community and the Government of the Republic of Azerbaijan on certain aspects of air services

text:
               15.12.2009

               EN

               Official Journal of the European Union

               L 328/39

      COUNCIL DECISION

   of 30 November 2009
   on the conclusion of the Agreement between the European Community and the Government of the Republic of Azerbaijan on certain aspects of air services
   (2009/947/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2) in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Parliament (1),
   Whereas:

               (1)

               On 5 June 2003, the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement;

               (2)

               On behalf of the Community, the Commission has negotiated an Agreement between the European Community and the Government of the Republic of Azerbaijan on certain aspects of air services (2) (the Agreement) in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement;

               (3)

               The Agreement has been signed on behalf of the Community on 7 July 2009 subject to its conclusion at a later date, in conformity with Council Decision 2009/741/EC (3);

               (4)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and the Government of the Republic of Azerbaijan on certain aspects of air services is hereby approved on behalf of the Community.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to make the notification provided in Article 8(1) of the Agreement.

      Done at Brussels, 30 November 2009.

            For the Council

            The President

         B. ASK

      (1)  Opinion of 25 October 2005 (OJ C 272 E, 9.11.2006, p. 56).

      (2)  OJ L 265, 9.10.2009, p. 25.

      (3)  OJ L 265, 9.10.2009, p. 24.


title: 2010/497/EU, Euratom: Decision of the European Parliament of 5 May 2010 on discharge in respect of the implementation of the budget of the Executive Agency for Health and Consumers for the financial year 2008

text:
               25.9.2010

               EN

               Official Journal of the European Union

               L 252/35

         DECISION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   on discharge in respect of the implementation of the budget of the Executive Agency for Health and Consumers for the financial year 2008
   (2010/497/EU, Euratom)
   THE EUROPEAN PARLIAMENT,
   having regard to the European Union general budget for the financial year 2008 (1),
   having regard to the final annual accounts of the European Communities for the financial year 2008 — Volume I (SEC(2009) 1089 — C7-0172/2009) (2),
   having regard to the final annual accounts of the Executive Agency for Health and Consumers for the financial year 2008,
   having regard to the Commission’s annual report to the European Parliament on the follow-up to 2007 discharge decisions (COM(2009) 526), and to the Commission staff working document accompanying that report (SEC(2009) 1427),
   having regard to the Commission communication entitled ‘Synthesis of the Commission’s management achievements in 2008’ (COM(2009) 256),
   having regard to the Commission’s annual report to the discharge authority on internal audits carried out in 2008 (COM(2009) 419), and to the Commission staff working document accompanying that report (SEC(2009) 1102),
   having regard to the Court of Auditors’ report on the annual accounts of the Executive Agency for Health and Consumers for the financial year 2008, together with the Agency’s replies (3),
   having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions, provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (4),
   having regard to the Commission communication of 16 December 2008 on a common understanding of the concept of tolerable risk of error (COM(2008) 866), and to the Commission staff working document accompanying that communication (SEC(2008) 3054),
   having regard to the Council’s recommendation of 16 February 2010 on the discharge to be given to the executive agencies in respect of the implementation of the budget for the financial year 2008 (5828/2010 — C7-0055/2010),
   having regard to Articles 274, 275 and 276 of the EC Treaty, Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union and Articles 179a and 180b of the Euratom Treaty,
   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 (5), and in particular Articles 55, 145, 146 and 147 thereof,
   having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (6), and in particular Article 14(3) thereof,
   having regard to Commission Regulation (EC) No 1653/2004 of 21 September 2004 on a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) No 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (7), and in particular the first and second paragraphs of Article 66 thereof,
   having regard to Commission Decision 2004/858/EC of 15 December 2004 setting up an executive agency, the ‘Executive Agency for the Public Health Programme’, for the management of Community action in the field of public health — pursuant to Council Regulation (EC) No 58/2003 (8),
   having regard to Commission Decision 2008/544/EC of 20 June 2008 amending Decision 2004/858/EC in order to transform the Executive Agency for the Public Health Programme into the Executive Agency for Health and Consumers (9),
   having regard to Rule 76 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinions of the other committees concerned (A7-0099/2010),

               A.

               whereas under Article 317 of the Treaty on the Functioning of the European Union the Commission implements the budget in cooperation with the Member States on its own responsibility, having regard to the principle of sound financial management,

               1.

               Grants the Director of the Executive Agency for Health and Consumers discharge in respect of the implementation of the Agency’s budget for the financial year 2008;

               2.

               Sets out its observations in the resolution that forms an integral part of the Decisions on discharge in respect of the implementation of the European Union general budget for the financial year 2008, Section III — Commission and executive agencies;

               3.

               Instructs its President to forward this Decision, together with the Decision on discharge in respect of the implementation of the European Union general budget for the financial year 2008, Section III — Commission and the resolution that forms an integral part of those Decisions, to the Director of the Executive Agency for Health and Consumers, the Council, the Commission, the Court of Justice of the European Union and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 71, 14.3.2008.

      (2)  OJ C 273, 13.11.2009, p. 1.

      (3)  OJ C 304, 15.12.2009, p. 83.

      (4)  OJ C 273, 13.11.2009, p. 122.

      (5)  OJ L 248, 16.9.2002, p. 1.

      (6)  OJ L 11, 16.1.2003, p. 1.

      (7)  OJ L 297, 22.9.2004, p. 6.

      (8)  OJ L 369, 16.12.2004, p. 73.

      (9)  OJ L 173, 3.7.2008, p. 27.


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32002D0918

2002/918/EC: Commission Decision of 20 November 2002 adjusting the weightings applicable from 1 February, 1 March, 1 April, 1 May and 1 June 2002 to the remuneration of officials of the European Communities serving in third countries

Official Journal L 321 , 26/11/2002 P. 0045 - 0046

Commission Decisionof 20 November 2002adjusting the weightings applicable from 1 February, 1 March, 1 April, 1 May and 1 June 2002 to the remuneration of officials of the European Communities serving in third countries(2002/918/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to the Staff Regulations of officials of the European Communities and the Conditions of employment of other servants of the Communities laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68(1), as last amended by Regulation (EC, ECSC, Euratom) No 490/2002(2), and in particular the second paragraph of Article 13 of Annex X thereto,Whereas:(1) Pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations, Council Regulation (EC, Euratom) No 1522/2002(3) laid down the weightings to be applied from 1 January 2002 to the remuneration of officials serving in third countries, payable in the currency of their country of employment.(2) The Commission has made a number of adjustments to these weightings(4) in recent months, pursuant to the second paragraph of Article 13 of Annex X to the Staff Regulations.(3) Some of these weightings should be adjusted with effect from 1 February, 1 March, 1 April, 1 May and 1 June 2002 given that the statistics available to the Commission show that in certain third countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down or adjusted,HAS DECIDED AS FOLLOWS:Sole ArticleWith effect from 1 February, 1 March, 1 April, 1 May and 1 June 2002 the weightings applicable to the remuneration of officials serving in third countries payable in the currency of their country of employment are adjusted as shown in the Annex.The exchange rates for the calculation of such remuneration shall be those used for implementation of the general budget of the European Communities for the month preceding the dates referred to in the first paragraph.Done at Brussels, 20 November 2002.For the CommissionChristopher PattenMember of the Commission(1) OJ L 56, 4.3.1968, p. 1.(2) OJ L 77, 20.3.2002, p. 1.(3) OJ L 229, 27.8.2002, p. 1.(4) OJ L 150, 8.6.2002, p. 68.ANNEX>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>


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32011D0820(04)

Decision of the High Representative of the Union for Foreign Affairs and Security Policy of 19 July 2011 on the rules regarding access to documents

Official Journal C 243 , 20/08/2011 P. 0016 - 0018

		Decision of the High Representative of the Union for Foreign Affairs and Security Policyof 19 July 2011on the rules regarding access to documents2011/C 243/08THE HIGH REPRESENTATIVE,Having regard to the Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service, in particular Article 11(1) thereof,HAS ADOPTED THIS DECISION:Article 1Scope1. Any citizen of the Union, or any natural or legal person residing or having its registered office in a Member State, shall have a right of access to EEAS documents according to the principles, conditions and limits laid down in Regulation (EC) No 1049/2001 of the European Parliament and of the Council [1] ("the Regulation") and the specific provisions laid down in these rules. This right of access concerns documents held by the EEAS, namely, documents drawn up or received by it and in its possession.2. Pursuant to Article 2(2) of the Regulation, any natural or legal person not residing, or not having their registered office, in one of the Member States shall, subject to the same principles, conditions and limits, enjoy the same right of access to EEAS documents on the same terms, with the exception of the right to make a complaint to the European Ombudsman.Article 2Making an application1. An application for access to an EEAS document shall be sent by post to Access to Documents Coordinator, CHAR 15/11, European External Action Service, Rue de la Loi 170, 1046 Brussels, Belgium, by e-mail using the application form on the EEAS website, or by fax to +32 22979893.2. As soon as the application is registered, an acknowledgement of receipt shall be sent to the applicant (unless the application can be answered in substance in the same time frame).Article 3Time limits1. The EEAS shall answer initial and confirmatory applications within 15 working days of the date of registration of the application.2. If an application is imprecise, as referred to in Article 6(2) of the Regulation, the EEAS shall invite the applicant to provide additional information to make it possible to identify the documents requested; the deadline for reply shall run only from the time when the EEAS has this information.3. In exceptional cases, as set out in Articles 7(3) or 8(2) of the Regulation, the deadlines may be extended by 15 working days, in particular:(a) in the case of complex or bulky applications;(b) if a request requires consultation of a Union delegation; or(c) if consultation of a third party is required.The applicant must be informed of any such extension and of the reasons for it.Article 4Handling of replies1. Answers to initial applications shall be handled by the Access to Documents Coordinator.2. Answers to confirmatory applications shall be decided upon by the Chief Operating Officer, on the advice of the Access to Documents Coordinator.Article 5Negative responseIf the answer to an application is even partly negative, it shall state the reasons for the refusal based on one of the exceptions set out in the Regulation, and inform the applicant of his right to submit a confirmatory application (in the case of an answer to an initial application) or the other remedies available to him (in the case of an answer to a confirmatory application).Article 6Third party documents held by the EEAS1. Where the EEAS receives an application for a document which it holds, but which originates from a third party, the third party shall be consulted unless it is clear that the document shall or shall not be disclosed, in light of the exceptions set out in the Regulation.2. The application shall be granted without consultation of the third party if the document has already been made public by its author, or under the Regulation or similar provisions.3. In any case, the third party must be consulted if the document is covered by Article 9 of the Regulation, or if the document originates from a Member State and the Member State has requested the EEAS not to disclose the document without its prior agreement under Article 4(5) of the Regulation. Such a request by a Member State must be made in writing.4. The third party shall be consulted in writing (including by e-mail) and be given a reasonable time limit for reply, taking into account the deadlines on the EEAS for its reply, as set out in Article 3 above. The third party shall give its opinion in writing (including by e-mail).5. In the absence of a reply from the third party within the time limit, or if the third party is unidentifiable or untraceable, the EEAS shall decide on the application in light of the exceptions set out in the Regulation, taking into account the legitimate interests of the third party on the basis of the information at the disposal of the EEAS.6. If the EEAS intends to give access to a document against the wishes of the third party, it shall inform the third party of its intention to disclose the document within the deadline applicable under the Regulation, and of the remedies available to the third party to oppose disclosure.Article 7Consultation of the EEAS1. Requests for consultation of the EEAS by a Member State or another institution, body, office or agency of the Union which has received an application for a document within its possession but which originates from the EEAS, shall be sent by post to Access to Documents Coordinator, CHAR 15/11, European External Action Service, Rue de la Loi 170, Brussels 1046, Belgium, by e-mail to EEAS-ACCESS-TO-DOCUMENTS@eeas.europa.eu or by fax to +32 22979893.2. The EEAS shall give its opinion promptly, taking into account any time limit applicable for answer, and at the latest within five working days.Article 8Classified documents1. Where an application for access to a document concerns a document covered by Article 9 of the Regulation or another document classified under the EEAS security rules, it shall be handled by officials entitled to acquaint themselves with the document.2. Reasons shall be given on the basis of the exceptions listed in Article 4 of the Regulation for any decision refusing access to all or part of a classified document. If the requested document cannot be refused on the basis of those exceptions, the official handling the application shall ensure that the document is declassified before it is sent to the applicant.Article 9Modalities of access1. Documents to which access is to be granted shall be sent by mail, fax, or e-mail. If the documents requested are voluminous or difficult to handle, the applicant may be invited to consult them where they are held. Such consultation shall be free.2. If the document has been published, an answer may consist of the publication references to it, including the web address where it may be found.3. If the volume of the document exceeds 20 pages, the applicant may be charged a fee of EUR 0,10 per page, plus carriage costs. The charges for other media shall be decided on a case by case basis, but shall not exceed a reasonable amount.Article 10Register of documents1. The EEAS shall maintain a register of documents, as provided for in Article 11 of the Regulation, accessible via the EEAS website.2. In line with Article 9 of the Regulation, documents covered by that provision shall be recorded in the register only with the consent of the originator.Article 11EffectThis decision shall take effect on the day of its adoption.Done at Brussels, 19 August 2011.The High RepresentativeC. Ashton[1] OJ L 145, 31.5.2001, p. 43.--------------------------------------------------


Avis juridique important

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31978D0724(01)

European Investment Bank: Decision of the Board of Governors of 30 December 1977 amending the Statute of the European Investment Bank to take account of the adoption of a new definition of the Bank's unit of account

Official Journal L 199 , 24/07/1978 P. 0001 - 0002 Spanish special edition: Chapter 10 Volume 1 P. 0067  Portuguese special edition Chapter 10 Volume 1 P. 0067

DECISION OF THE BOARD OF GOVERNORS  of 30 December 1977  amending the Statute of the European Investment Bank to take account of the adoption of a new definition of the Bank's unit of account    THE BOARD OF GOVERNORS OF THE EUROPEAN INVESTMENT BANK,  Considering that 1 October 1977 marked the entry into force of the Treaty amending certain provisions of the Protocol on the Statute of the European Investment Bank which was signed on 10 July 1975,  Considering that, by virtue of the new provisions of Articles 4 (1) and 7 (4), the Board of Governors, acting unanimously on a proposal from the Board of Directors, may amend the definition of the unit of account and the method of converting sums expressed in units of account into national currencies and vice versa,  Having regard to the proposal of the Board of Directors of 10 November 1977,  DECIDES:       1. That the second paragraph of Article 4 (1) of the Bank's Statute, defining the unit of account, shall be amended to read as follows:  "The value of the unit of account shall be equal to the sum of the following amounts of the national currencies of the Member States: >PIC FILE= "T0014421">        2. That Article 7 (3) of the Statute defining the method of converting the unit of account of the Bank into national currencies and vice versa shall be amended to read as follows:  "For the purpose of this Article, the parity of the currency of a Member State in relation to the unit of account defined in Article 4 shall be taken as the rate for converting the unit of account into this currency and vice versa based on market rates."  In compliance with the new Article 7 (3) of the Bank's Statute, it is also decided:  "that the method for calculating the unit of account of the Bank shall be the same as that adopted pursuant to the Decision of the Council of the European Communities of 21 April 1975 on the definition and conversion of the European unit of account."             For the Board of Governors  Chairman  K. HEINESEN  Secretary  H. LENAERT