Avis juridique important

|

32002D0818

2002/818/EC: Commission Decision of 8 October 2002 under the provisions of Council Regulation (EC) No 3286/94 concerning trade practices maintained by Korea affecting trade in commercial vessels (notified under document number C(2002) 3652)

Official Journal L 281 , 19/10/2002 P. 0015 - 0017

Commission Decisionof 8 October 2002under the provisions of Council Regulation (EC) No 3286/94 concerning trade practices maintained by Korea affecting trade in commercial vessels(notified under document number C(2002) 3652)(2002/818/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organisation(1), as amended by Regulation (EC) No 356/95(2), and in particular Articles 13 and 14 thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE(1) On 24 October 2000 the Commission received a complaint pursuant to Article 3 and Article 4 of Council Regulation (EC) No 3286/94 (hereafter the "Regulation"). The complaint was lodged by the Committee of European Union Shipbuilders Associations (CESA).(2) The complaint concerned certain alleged Korean trade practices which adversely affect Community sales of commercial vessels(3). In particular, the complaint contained information on adverse trade effects and injury suffered by Community shipbuilders resulting from subsidies granted to, or otherwise benefiting, Korean shipbuilding companies by the Republic of Korea in violation of Articles 3 and 5 of the WTO Agreement on Subsidies and Countervailing Measures (SCM Agreement). On that basis, the complainant asked the Commission to take the necessary action.(3) The complaint contained sufficient evidence to justify the initiation of a Community examination procedure pursuant to Article 8 of the Regulation. Consequently, the Commission initiated the procedure after consulting with the Member States in the framework of the Advisory Committee, on 2 December 2000(4).(4) Following the initiation of the examination procedure the Commission carried out an investigation, which has led to the conclusions indicated below.B. FINDINGS REGARDING THE EXISTENCE OF AN OBSTACLE TO TRADE(5) The investigation was directed against subsidies allegedly granted by the Government of the Republic of Korea to its shipbuilding industry that benefited production between 1997 and 2000 and will benefit future production. Alleged Korean subsidies have included, export contingent financing, debt forgiveness, debt-for-equity-swaps, interest relief and special tax concessions in the context of preferential restructuring packages provided in order to save various shipbuilding enterprises from imminent financial collapse.(6) The Korean shipbuilding enterprises claimed to have benefited from Korean Government subsidies included Samho Heavy Industries, Daedong Shipbuilding Co., Daewoo Shipbuilding and Marine Engineering, Hyundai Heavy Industries, Hyundai Mipo, Samsung Heavy Industries and Hanjin Heavy Industries &  Construction Co.(7) With regard to the alleged Korean subsidies that were expressly the subject of the complaint the Commission established the following:Advance payment (refund) guarantees and pre-shipment loans provided by the State-owned Export-Import Bank of Korea (KEXIM)(8) It was established that KEXIM provides a guarantee that a foreign buyer will be refunded any advance payments given to a Korean shipyard in case the Korean shipyard fails to perform its obligations under the relevant contract. It was also established that KEXIM provides pre-delivery loans to shipyards to finance shipbuilding production costs, such as raw material cost, labour and overheads until delivery of the ships. The APRG programme and the pre-shipment loans were found to constitute prohibited subsidies under Article 3(1)(a) of the SCM Agreement.Debt forgiveness, debt-for-equity-swaps and interest relief by government-owned and government-controlled banks(9) It was established that Korea has granted through debt forgiveness, debt-for-equity-swaps and interest relief by government-owned and government-controlled banks, subsidies within the meaning of Article 1 of the SCM Agreement to the following shipyards:- Samho Heavy Industries,- Daedong Shipbuilding Co.(5) and- Daewoo Shipbuilding and Marine Engineering.(10) There is prima facie evidence that these corporate restructuring subsidies are specific within the meaning of Article 2(1) of the SCM Agreement.Special tax concessions(11) It was established that Daewoo Shipbuilding and Marine Engineering has benefited from two tax programmes under the Special Tax Treatment Control Law (special taxation on in-kind contribution and special taxation on spin-off) limited to companies under corporate restructuring which are therefore specific.Conclusion(12) The Commission considers that the complainant's allegation on the granting of subsidies is well-founded and that the Korean practices constitute an obstacle to trade within the meaning of Article 2(1) of the Regulation, as they are contrary to Articles 3 and 5 of the SCM Agreement.C. FINDINGS REGARDING ADVERSE TRADE EFFECTS(13) It was established that, during the investigation period, the Community industry suffered adverse effects within the meaning of Article 5 of the SCM Agreement and Article 2(3) and Article 2(4) of the Regulation, in the form of injury within the meaning of Article 5(a) of the SCM Agreement, namely, negative effects on market share, capacity utilisation, profit, sales prices, employment, investments, and of serious prejudice within the meaning of Article 5(c) of the SCM Agreement, namely, significant price undercutting, price depression and lost sales. By sector, adverse effects were suffered in container ships and product and chemical tankers.(14) In November 2001, CESA requested the Commission to examine whether adverse effects had been suffered by the Community industry during the period covering the 13 months following the end of the original investigation period (i.e. 1 December 2000 to 31 December 2001). The updating investigation confirmed the findings of the first investigation. As regards the liquified natural gas carriers (LNG) sector, it established that further examination is necessary to determine whether the developments observed in 2000 and 2001 would result in a consistent trend over a longer term. The Commission will continue to monitor the market, particularly as regards the sectors of container ships, product and chemical tankers and LNG carriers.D. CAUSAL LINK(15) It was established that the above subsidies, which rendered possible the increase in sales volume and market share of the Korean shipyards as well as the considerable decrease in their sales prices and the price undercutting found during the investigation period, caused adverse effects to the Community industry. These conclusions were confirmed by the updating investigation.E. COMMUNITY INTEREST(16) The shipbuilding industry in the Community represents a very important sector of economic activity in terms of employment, either direct, in the shipyards or indirect, in subcontracting or supplying companies. On the basis of the information available it seems reasonable to forecast that, should the Korean subsidy practices be halted, the Community industry may be able to regain at least part of its lost market shares and improve its profitability.F. CONCLUSIONS(17) Further to the above analysis, the Commission concludes that Korea has granted export and actionable subsidies within the meaning of the SCM Agreement to its shipbuilding industry and has caused adverse effects to the Community industry.(18) Ensuring that WTO partners fully comply with their obligations is of the utmost importance for the Community, which has committed itself to the same obligations. It is fundamental for the good functioning of a multilateral trade system to consistently tackle allegedly WTO incompatible practices.(19) The Commission discussed the matter with the Korean authorities with a view to finding a mutually agreed solution. However, as no mutually agreed solution could be found, the initiation of a procedure within the framework of the WTO Dispute Settlement Understanding, and more particularly pursuant to the relevant provisions of the SCM Agreement, is required,HAS DECIDED AS FOLLOWS:Sole Article1. The granting of subsidies to certain Korean producers of commercial vessels appears to be inconsistent with the obligations of that country under the World Trade Organisation Agreement and, in particular under the SCM Agreement, and constitutes an "obstacle to trade" within the meaning of Article 2(1) of Regulation (EC) No 3286/94.2. The Community will initiate dispute settlement proceedings against Korea under the Understanding on the Rules and Procedures for the Settlement of Disputes and other relevant WTO provisions with a view to securing removal of the obstacle to trade.Done at Brussels, 8 October 2002.For the CommissionPascal LamyMember of the Commission(1) OJ L 349, 31.12.1994, p. 71.(2) OJ L 41, 23.2.1995, p. 3.(3) The affected products are commercial vessels for international commerce, including, more specifically: bulk carriers, container ships, oil tankers, product and chemical tankers, liquified natural gas carriers, passenger and ro/ro ferries, other non-cargo vessels (including offshore units) and cruise ships.(4) OJ C, 345 of 2.12.2000.(5) Daedong did not cooperate in the procedure; evidence, however, was obtained that it has also benefited from the restructuring process.


title: 2004/782/EC: Commission Decision of 19 November 2004 accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of silicon carbide originating, inter alia, in Ukraine

text:
               20.11.2004

               EN

               Official Journal of the European Union

               L 344/37

      COMMISSION DECISION

   of 19 November 2004
   accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of silicon carbide originating, inter alia, in Ukraine
   (2004/782/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), and in particular Articles 8, 21 and 22 (c) thereof,
   After consulting the Advisory Committee,
   Whereas:
   A.   PROCEDURE

               (1)

               By Regulation (EC) No 1100/2000 (2), the Council imposed a definitive anti-dumping duty on imports of silicon carbide originating, inter alia, in Ukraine (‘the existing measures’).

               (2)

               In March 2004, the Commission announced through the publication of a notice in the Official Journal of the European Union
                   (3) the initiation of a partial interim review of the existing measures on imports of the product concerned originating, inter alia, in Ukraine to examine whether they should be amended to take account of certain consequences of the enlargement of the European Union to 25 Member States (‘enlargement’).

               (3)

               The Council concluded that it was in the interest of the Community to provide for the temporary adaptation of the existing measures so as to avoid a sudden and excessively negative impact on importers and users in the 10 new Member States acceding to the European Union (‘the EU-10’) immediately following enlargement. It was considered that the best means of achieving this was through the acceptance of an undertaking offered by the co-operating party with an element for a quantitative ceiling.

               (4)

               Accordingly, by Decision 2004/498/EC (4), the Commission accepted as a special measure a short-term undertaking from an exporting producer in Ukraine (Open Joint Stock Company Zaporozhsky Abrasivny Combinat).

               (5)

               In order to provide for an exemption from the anti-dumping duties afforded by the acceptance of the undertaking, Regulation (EC) No 1100/2000 was amended by Regulation (EC) No 991/2004.

               (6)

               It was stipulated in Decision 2004/498/EC that the acceptance of the undertaking would be limited to an initial period of six months (‘the original period’) without prejudice to the normal duration of the existing measures and that it would lapse after this period unless the Commission considered it appropriate to extend its period of application.

               (7)

               Accordingly, the Commission has examined whether the exceptional and negative conditions for interested parties in the EU-10 which led to acceptance of the undertaking still exist. As part of the overall appraisal, an evaluation of the compliance of the company concerned with its undertaking was also made.

         B.   APPRAISAL
   1.   Content of the current undertaking

               (8)

               The existing undertaking offered by the company concerned obliges it, inter alia, to export in accordance with its traditional pattern of trade to customers in the EU-10 within the framework of a quantitative ceiling established on the basis of previous, traditional export flows to the EU-10.

               (9)

               The terms of the undertaking also oblige the signatory company to provide the Commission with regular and detailed information in the form of a monthly report of its sales to the EU-10 (or re-sales by any related parties in the Community) and to accept verification visits by the Commission. In order, also, to be able to fully monitor the effectiveness of the undertakings, written agreement was received from the exporter’s traditional customers in the EU-10 that they too would allow on-spot verification visits at their premises.

         2.   Compliance with the current undertaking

               (10)

               Verification visits to the exporting producer and certain of its traditional customers in the EU-10 confirmed that the company concerned had not exceeded the level of the quantitative ceiling stipulated in the undertaking. In addition, it was found that the company was broadly respecting its traditional pattern of trade with individual customers in the EU-10. Moreover, according to the information available, there have been no apparent ‘spill-overs’ from the EU-10 into the EU-15 of imports of the product concerned which had benefited from the exemption to the anti-dumping duties afforded by the undertaking.

         3.   Analysis of conditions for continued acceptance of undertakings

               (11)

               Analysis of the monthly reports submitted to the Commission by the company concerned backed up by available official statistical data showed that a marked difference still existed between the prices for the product concerned in the EU-10 and the EU-15. In addition, it was noted that import volumes from Ukraine into the EU-10 had declined since enlargement, however, as indicated in recital (30) of Regulation (EC) No 991/2004, abnormal increases were found in import volumes prior to enlargement in 2003 and the first months of 2004. It is considered that this might have also contributed to the decrease in quantities imported into the EU-10 following enlargement.

         C.   CONCLUSION
   1.   Acceptance of an undertaking

               (12)

               Given that the exceptional and negative conditions which prevailed prior to enlargement and which necessitated the undertaking still exist, and that the terms of the undertaking have been observed during the initial period of its application by the company concerned, it is considered that the acceptance of an undertaking offered by the company concerned for a further period is justified.

               (13)

               As concerns the length of this further period, it is considered that a period of application of more than six months would negate the notion of the undertaking being of a transitional nature, therefore, acceptance will only be from 21 November 2004 to 20 May 2005 (‘the final period’).

               (14)

               With regard to the level of the quantitative ceiling to be applied for the final period, this has been calculated following the same methodology as was used to establish the quantitative ceiling for the original period.

               (15)

               In conformity with Regulation (EC) No 991/2004, the undertaking obliges the exporting producer to respect the import ceilings and in order that the undertakings can be monitored, the exporting producer concerned has also agreed to broadly respect its traditional selling patterns to individual customers in the EU-10. The exporting producer is also aware that if it is found that these sales patterns change significantly, or that the undertaking become in any way difficult or impossible to monitor, the Commission is entitled to withdraw acceptance of the company’s undertaking resulting in definitive anti-dumping duties being imposed in its place, or it may adjust the level of the ceiling, or it may take other remedial action.

               (16)

               It is also a condition of the undertaking that if it is breached in any way, the Commission will be entitled to withdraw acceptance thereof resulting in definitive anti-dumping duties being imposed in its place.

               (17)

               The company will also provide the Commission with regular and detailed information concerning its exports to the Community, meaning that the undertaking can be monitored effectively by the Commission.

               (18)

               In order that the Commission can monitor effectively the company’s compliance with the undertakings, when the request for release for free circulation pursuant to the undertaking is presented to the relevant customs authority, exemption from the duty will be conditional upon the presentation of an invoice containing at least the items of information listed in the Annex to Council Regulation (EC) No 991/2004. This level of information is also necessary to enable customs authorities to ascertain with sufficient precision that the shipment corresponds to the commercial documents. Where no such invoice is presented, or when it does not correspond to the product presented to customs, the appropriate anti-dumping duty will instead be payable.

         2.   Disclosure to interested parties

               (19)

               All interested parties which had previously made themselves known were advised of the intention to accept an undertaking. The Community Industry raised certain concerns that a possible ‘spill-over’ of Ukrainian silicon carbide into the EU-15 had occurred, however, during a verification visit by the Commission, it was established that the silicon carbide in question was not of Ukrainian origin. The Community Industry nevertheless expressed the view that an undertaking should not be accepted.

               (20)

               Whilst the position of the Community Industry regarding the acceptance of an undertaking is noted, the circumstances and needs of importers and users in the EU-10 must also be taken into account. On balance, in view of the importance of continued supply for customers in the EU-10, it is considered that this outweighs the concerns of the Community Industry.

               (21)

               No other comments or submissions were made which caused the Commission to alter its views on the matter,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The undertaking offered by the exporting producer mentioned below, in connection with the anti-dumping proceeding concerning imports of silicon carbide originating in Ukraine is hereby accepted:

               Country

               Company

               Taric Additional Code

               Ukraine

               Produced and exported by Open Joint Stock Company ‘Zaporozhsky Abrasivny Combinat’, Zaporozhye, Ukraine, to the first independent customer in the Community acting as an importer

               A523

         Article 2
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union and remain in force until 20 May 2005.

      Done at Brussels, 19 November 2004.

            For the Commission

         Pascal LAMY

            Member of the Commission

      (1)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

      (2)  OJ L 125, 26.5.2000, p. 3. Regulation as last amended by Regulation (EC) No 991/2004 (OJ L 182, 19.5.2004, p. 18).

      (3)  OJ C 70, 20.3.2004, p. 15.

      (4)  OJ L 183, 20.5.2004, p. 88.


title: Council Decision of 2 December 1974 on the conclusion of the Agreement between the European Economic Community and the United Nations Children's Fund (UNICEF) on the supply of cereals as food aid

text:
No L 32/ 14                        Official Journal of the European Communities                 5 . 2 . 75
                                                COUNCIL DECISION
                                                 of 2 December 1974
             on the conclusion of the Agreement between the European Economic Community
             and the United Nations Children's Fund (UNICEF) on the supply of cereals
                                                       as food aid
                                                     (75/81 /EEC)
             TflE COUNCIL OF THE EUROPEAN COMMUNITIES,
            Having regard to the Treaty establishing the European Economic Community, and
            in particular Articles 113, 114 and 228 thereof;
            Having regard to the proposal of the Commission ;
            Whereas the European Economic Community has concluded the 1971 Food Aid
            Convention;
            Whereas the United Nations Children's Fund ( UNICEF) has made known its
            requirements in cereal products for humanitarian programmes and whereas a
            quantity of foodstuffs equivalent to 10 000 metric tons of cereals should be placed
            at its disposal for this purpose;
            Whereas concerning emergency actions to be decided upon in implementation of the
            Agreement referred to in Article 1 , the Community's approval should be given to
            UNICEF as soon as possible and whereas it may prove necessary to reply very
            rapidly to any requests for modifications which might be made by UNICEF during
            the implementation of the said Agreement,
            HAS DECIDED AS FOLLOWS :
                                                       Article 1
            The Agreement between the European Economic Community and the United Nations
            Children's Fund (UNICEF) on the supply of cereals as food aid is hereby concluded
            on behalf of the European Economic Community.
            The text of the Agreement is annexed to this Decision.
                                                       Article 2
            The approval of the Community provided for in Articles II, III and VIII of the
            Agreement shall be given by the Commission.
                                                       Article 3
            The President of the Council is hereby authorized to designate the persons entitled
            to sign the Agreement and confer on them the powers necessary to bind the
            Community.
            Done at Brussels, 2 December 1974.
                                                                          For the Council
                                                                           The President
                                                                       J. SAUVAGNARGUES


title: 2006/735/EC: Council Decision of 27 June 2005 concerning the conclusion of the Agreement between the European Community and the Republic of Chile on certain aspects of air services

text:
               31.10.2006

               EN

               Official Journal of the European Union

               L 300/53

      COUNCIL DECISION

   of 27 June 2005
   concerning the conclusion of the Agreement between the European Community and the Republic of Chile on certain aspects of air services
   (2006/735/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80, paragraph 2, in conjunction with Article 300(2), first sentence of the first subparagraph thereof and Article 300(3), first subparagraph,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament,
   Whereas:

               (1)

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

               (2)

               The Commission has negotiated on behalf of the Community an Agreement with the Republic of Chile on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the abovementioned decision.

               (3)

               This Agreement has been signed on behalf of the Community subject to its possible conclusion at a later date.

               (4)

               This Agreement should be approved,

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

      Done at Luxembourg, 27 June 2005.

            For the Council

            The President

         L. LUX

      (1)  See page 46 of this Official Journal.


title: 2006/114/EC: Council Decision of  14 February 2006  extending the period of application of the measures in Decision 2002/148/EC concluding consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement

text:
               18.2.2006

               EN

               Official Journal of the European Union

               L 48/26

      COUNCIL DECISION

   of 14 February 2006
   extending the period of application of the measures in Decision 2002/148/EC concluding consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement
   (2006/114/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular the second subparagraph of Article 300(2) thereof,
   Having regard to the Internal Agreement (1) on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000 (2), and in particular Article 3 thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               By Decision 2002/148/EC (3), the consultations with the Republic of Zimbabwe under Article 96(2)(c) of the ACP-EC Partnership Agreement were concluded and appropriate measures, as specified in the Annex to that decision, were taken.

               (2)

               By Decision 2005/139/EC (4), the application of the measures referred to in Article 2 of Decision 2002/148/EC, which were extended until 20 February 2004 by Decision 2003/112/EC (5) and until 20 February 2005 by Decision 2004/157/EC (6), was extended until 20 February 2006.

               (3)

               The essential elements cited in Article 9 of the ACP-EC Partnership Agreement continue to be violated by the Government of Zimbabwe and the current conditions in Zimbabwe do not ensure respect for human rights, democratic principles and the rule of law.

               (4)

               The period of application of the measures should therefore be extended,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The period of application of the measures referred to in Article 2 of Decision 2002/148/EC shall be extended until 20 February 2007. The measures shall be kept under constant review.
   The letter in Annex to this Decision shall be addressed to the President of Zimbabwe.
   Article 2
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 14 February 2006.

            For the Council

            The President

         K.-H. GRASSER

      (1)  OJ L 317, 15.12.2000, p. 376.

      (2)  OJ L 317, 15.12.2000, p. 3.

      (3)  OJ L 50, 21.2.2002, p. 64.

      (4)  OJ L 48, 19.2.2005, p. 28.

      (5)  OJ L 46, 20.2.2003, p. 25.

      (6)  OJ L 50, 20.2.2004, p. 60.

      ANNEX
      Brussels,
      The European Union attaches the utmost importance to the provisions of Article 9 of the ACP-EC Partnership Agreement. As essential elements of the Partnership Agreement, respect for human rights, democratic institutions and the rule of law are the basis of our relations.
      By letter of 19 February 2002, the European Union informed you of its decision to conclude the consultations held under Article 96 of the ACP-EC Partnership Agreement and to take certain ‘appropriate measures’ within the meaning of Article 96(2)(c) of that Agreement.
      By letters of 19 February 2003, 19 February 2004 and 18 February 2005, the European Union informed you of its decision not to revoke the application of the ‘appropriate measures’ and to extend the period of application until 20 February 2004, 20 February 2005 and 20 February 2006 respectively.
      Twelve months later your country's Government, in the view of the European Union, has made no significant progress in the five areas referred to in the Council Decision of 18 February 2002.
      In the light of the above, the European Union does not consider that the appropriate measures can be revoked, and has decided to extend their period of application until 20 February 2007. The European Union will closely follow developments in Zimbabwe and would once again like to emphasise that it is not penalising the Zimbabwean people and will continue with its contribution to operations of a humanitarian nature and projects in direct support of the local population, in particular projects in social sectors, democratisation, respect for human rights and the rule of law, which are not affected by these measures.
      The European Union wishes to recall that the application of appropriate measures within the meaning of Article 96 of the ACP-EC Partnership Agreement is no obstacle to political dialogue as defined in the provisions of Article 8 of that same Agreement. With this in mind, the European Union wishes to underline the importance that it attaches to future EC-Zimbabwe cooperation and wishes to express its readiness to engage, once the conditions are met, in the post ninth EDF programming and considers that this would be an opportunity for a dialogue between the two partners.
      To this end, the European Union hopes that you and your Government will do everything in your power to restore respect for the fundamental principles enshrined in the Partnership Agreement, and thereby enable the restoration of cooperation as soon as conditions allow.
      Yours faithfully,

            For the Commission

         A. PIEBALGS

            For the Council

         K.-H. GRASSER


Avis juridique important

|

41990D0414

90/414/ECSC: Decision of the representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council of 8 August 1990 preventing trade as regards Iraq and Kuwait

Official Journal L 213 , 09/08/1990 P. 0003 - 0004 Finnish special edition: Chapter 11 Volume 16 P. 0068  Swedish special edition: Chapter 11 Volume 16 P. 0068

*****DECISION  OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL  of 8 August 1990  preventing trade as regards Iraq and Kuwait  (90/414/ECSC)  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL,  Whereas the serious situation resulting from the invasion of Kuwait by Iraq, which was the subject of United Nations Security Council Resolution 660 (1990) of 2 August 1990, has led to a declaration by the Community and its Member States, adopted on 4 August 1990 in the framework of political cooperation, condemning outright the invasion of Kuwait by Iraq and demanding an immediate and unconditional withdrawal of Iraqi forces from the territory of Kuwait, as well as to the decision that economic measures will be taken against Iraq;  Whereas, faced with Iraq's refusal to conform to Resolution 660, the Security Council adopted Resolution 661 (1990) of 6 August 1990 establishing an embargo on trade with Iraq and Kuwait;  Whereas, in these conditions, trade in commodities and products covered by the ECSC Treaty must be prevented as regards Iraq and Kuwait;  Whereas the Community and its Member States have agreed to ensure uniform implementation, throughout the Community, of measures concerning trade with Iraq and Kuwait decided upon by the United Nations Security Council; whereas, as a result, Council Regulation (EEC) No 2340/90 of 8 August 1990 preventing trade by the Community as regards Iraq and Kuwait (1) was adopted in order to cover commodities and products other than those covered by the ECSC Treaty; whereas it is necessary to adopt a Decision concerning these last mentioned products;  Whereas it is appropriate to avoid a situation in which this Decision affects exports from these countries conducted before 7 August 1990,  In agreement with the Commission,  HAVE DECIDED AS FOLLOWS:  Article 1  As from 7 August 1990, the following shall be prohibited:  1. the introduction into the territory of the Community of all commodities or products covered by the ECSC Treaty and originating in, or coming from, Iraq or Kuwait;  2. the export to the said countries of all commodities or products covered by the said Treaty and originating in, or coming from, the Community.  Article 2  As from the date referred to in Article 1, the following shall be prohibited in the territory of the Community or by means of aircraft and vessels flying the flag of a Member State, and when carried out by any Community national:  1. all activities or commercial transactions, including all operations connected with transactions which have already been concluded or partially carried out, the object or effect of which is to promote the export of any commodity or product covered by the ECSC Treaty and originating in, or coming from, Iraq or Kuwait;  2. the sale or supply of any commodity or product covered by the said Treaty wherever it originates or comes from:  - to any natural or legal person in Iraq or Kuwait,  - to any other natural or legal person for the purposes of any commercial activity carried out in or from the territory of Iraq or Kuwait;  3. any activity the object or effect of which is to promote such sales or supplies.  Article 3  Article 1 (1) and Article 2 (1) shall not prevent the introduction into the territory of the Community of the commodities or products referred to in Article 1 (1) which originate in, or come from, Iraq or Kuwait and are exported before 7 August 1990.  Article 4  This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.  Done at Brussels, 8 August 1990.  The President  G. DE MICHELIS  (1) See page 1 of this Official Journal.


Avis juridique important

|

31981D0970

81/970/EEC: Council Decision of 3 December 1981 on the provisional application to Belize of the arrangements provided for in Decision 80/1186/EEC on the association of the overseas countries and territories with the European Economic Community

Official Journal L 355 , 10/12/1981 P. 0051

****( 1 ) OJ NO L 361 , 31 . 12 . 1980 , P . 1 .        COUNCIL DECISION   OF 3 DECEMBER 1981   ON THE PROVISIONAL APPLICATION TO BELIZE OF THE ARRANGEMENTS PROVIDED FOR IN DECISION 80/1186/EEC ON THE ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES WITH THE EUROPEAN ECONOMIC COMMUNITY  ( 81/970/EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL DECISION 80/1186/EEC OF 16 DECEMBER 1980 ON THE ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES WITH THE EUROPEAN ECONOMIC COMMUNITY ( 1 ), AND IN PARTICULAR THE SECOND SUBPARAGRAPH OF ARTICLE 142 ( 2 ) THEREOF ,   HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,   WHEREAS , PURSUANT TO THE SECOND SUBPARAGRAPH OF ARTICLE 142  ( 2 ) OF DECISION 80/1186/EEC , THE ARRANGEMENTS PROVIDED FOR THEREIN MAY CONTINUE TO APPLY PROVISIONALLY , UNDER THE CONDITIONS LAID DOWN BY THE COUNCIL , TO COUNTRIES AND TERRITORIES WHICH BECOME INDEPENDENT ;   WHEREAS BELIZE , WHICH APPEARS IN ANNEX I TO THE SAID DECISION , ACHIEVED INDEPENDENCE ON 21 SEPTEMBER 1981 ;   WHEREAS IT SHOULD BE DECIDED TO CONTINUE TO APPLY PROVISIONALLY TO THAT STATE THE ARRANGEMENTS PROVIDED FOR IN THE SAID DECISION ;   WHEREAS THE SECOND ACP-EEC CONVENTION IS OPEN , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 185 THEREOF , TO ACCESSION BY COUNTRIES OR TERRITORIES REFERRED TO IN PART FOUR OF THE TREATY WHICH HAVE BECOME INDEPENDENT ; WHEREAS SUCH ACCESSION CAN TAKE PLACE ONLY FOLLOWING A REQUEST BY THE STATE CONCERNED AND WITH THE APPROVAL OF THE ACP-EEC COUNCIL OF MINISTERS ;   WHEREAS BELIZE HAS SUBMITTED A REQUEST FOR ACCESSION TO THE SECOND ACP-EEC CONVENTION ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   THE ARRANGEMENTS LAID DOWN BY DECISION 80/1186/EEC SHALL APPLY PROVISIONALLY TO BELIZE UNTIL THE LATTER ACCEDES TO THE SECOND ACP-EEC CONVENTION .   ARTICLE 2   QUESTIONS RELATING TO THE APPLICATION TO BELIZE OF DECISION 80/1186/EEC SHALL BE DEALT WITH AS NECESSARY BY DIRECT CONTACT BETWEEN THE COMPETENT AUTHORITIES OF THAT STATE AND OF THE COMMUNITY .   ARTICLE 3   THIS DECISION SHALL TAKE EFFECT ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .   IT SHALL APPLY AS FROM 21 SEPTEMBER 1981 .   DONE AT BRUSSELS , 3 DECEMBER 1981 .   FOR THE COUNCIL   THE PRESIDENT   T . KING


title: Decision of the Standing Committee of the EFTA States No 5/2016/SC of 22 September 2016 regarding the audit of programmes and projects under the Financial Mechanism (2014-2021) [2017/315]

text:
               23.2.2017

               EN

               Official Journal of the European Union

               L 45/18

         DECISION OF THE STANDING COMMITTEE OF THE EFTA STATES No 5/2016/SC
   of 22 September 2016
   regarding the audit of programmes and projects under the Financial Mechanism (2014-2021) [2017/315]
   THE STANDING COMMITTEE OF THE EFTA STATES
   Having regard to the Agreement on the European Economic Area, hereinafter referred to as the EEA Agreement;
   Having regard to the Agreement between the European Union, Iceland, the Principality of Liechtenstein and the Kingdom of Norway on an EEA Financial Mechanism 2014-2021,
   Having regard to Protocol 38c on the EEA Financial Mechanism (2014-2021), inserted into the EEA Agreement by the aforementioned Agreement between the European Union, Iceland, the Principality of Liechtenstein and the Kingdom of Norway on an EEA Financial Mechanism 2014-2021,
   Having regard to the Agreement between the Kingdom of Norway and the European Union on a Norwegian Financial Mechanism for the period 2014-2021,
   Having regard to the Decision of the Standing Committee of the EFTA States No 2/2016/SC of 2 June 2016 amending Decision of the Standing Committee of the EFTA States No 4/2004/SC of 3 June 2004 establishing a Financial Mechanism Committee,
   Having regard to Decision of the Standing Committee of the EFTA States No 3/2016/SC of 2 June 2016 extending the tasks of the Office for the EEA Financial Mechanism and the Norwegian Financial Mechanism;
   Having regard to the Decision of the ESA/Court Committee No 5/2002 of 23 October 2002 on the Mandate of the EFTA Board of Auditors (‘at three’);
   HAS DECIDED AS FOLLOWS:
   Article 1
   The Board of Auditors shall act as supreme authority for the auditing of programmes and projects under the EEA Financial Mechanism 2014-2021 (hereinafter referred to as ‘EEA Financial Mechanism’). This includes the audit of programmes and projects in the Beneficiary States, the Beneficiary States' management of the programmes and projects and implementation of the EEA Financial Mechanism. The Board of Auditors may also audit the Financial Mechanism Office in respect of the EEA Financial Mechanism.
   Article 2
   The Board of Auditors shall consist of nationals from the EFTA States party to the EEA Agreement and preferably being members of the supreme audit institutions of the EFTA States. Their independence must be beyond doubt. An official of EFTA may not be appointed auditor until an interval of three years has elapsed since the end of his appointment with any of the EFTA institutions.
   Article 3
   The members of the Board of Auditors that perform audits according to Article 1 shall be the same persons as those appointed in and for the same term as set out in the Decisions of the ESA/Court Committee, No 9, 10 and 11 of 12 December 2013 on the Reappointment of the Members of the EFTA Board of Auditors (‘at three’). Upon expiry of their term the members of the Board of Auditors that perform audits according to Article 1 shall be the persons appointed by decision of the ESA/Court Committee.
   Article 4
   The members of the Board of Auditors shall be completely independent in the performance of their duties.
   Article 5
   The members of the Board of Auditors shall closely cooperate with the person or persons entrusted with the corresponding audits under the Norwegian Financial Mechanism for the period 2014-2021 in audits of activities relating to both Financial Mechanisms.
   Article 6
   The cost of appropriate and proportional audits as referred to in Article 1 shall be financed from the administrative budget of the EEA Financial Mechanism. Based on a budget proposal from the Board of Auditors and a recommendation from the Financial Mechanism Committee (hereinafter referred to as ‘FMC’), the Standing Committee shall agree on the amount to be granted for this purpose.
   Article 7
   The Board of Auditors may engage external experts to assist it. The external experts must fulfil the same requirements of independence and comply with the same duty of cooperation provided for in Article 5 as the members of the Board of Auditors.
   Article 8
   The Board of Auditors shall inform the FMC and report to the Standing Committee of the EFTA States regarding the audit referred to in Article 1. It may submit proposals for action.
   Article 9
   The Board of Auditors shall propose its own terms of references concerning the audit referred to in Article 1 and submit them, after consultation with the FMC, to the Standing Committee of the EFTA States for adoption.
   Article 10
   This Decision shall take immediate effect.
   Article 11
   This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

      Done at Brussels, 22 September 2016.

            For the Standing Committee

         Bergdis ELLERTSDÓTTIR

            Chair

         Kristinn F. ÁRNASON

            Secretary-General


title: Council Decision 2006/317/CFSP of  10 April 2006  concerning the conclusion of the Agreement between the European Union and the Republic of Croatia on security procedures for the exchange of classified information

text:
               29.4.2006

               EN

               Official Journal of the European Union

               L 116/73

         COUNCIL DECISION 2006/317/CFSP
   of 10 April 2006
   concerning the conclusion of the Agreement between the European Union and the Republic of Croatia on security procedures for the exchange of classified information
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 24 and 38 thereof,
   Having regard to the recommendation from the Presidency,
   Whereas:

               (1)

               At its meeting on 27 and 28 November 2003, the Council decided to authorise the Presidency, assisted by the Secretary-General/High Representative (SG/HR), to open negotiations in accordance with Articles 24 and 38 of the Treaty on European Union with certain third States, in order for the European Union to conclude an Agreement with each of them on security procedures for the exchange of classified information.

               (2)

               Following this authorisation to open negotiations, the Presidency, assisted by the SG/HR, negotiated an Agreement with the Republic of Croatia on security procedures for the exchange of classified information.

               (3)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Union and the Republic of Croatia on security procedures for the exchange of classified information is hereby approved on behalf of the European Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the European Union.
   Article 3
   This Decision shall take effect on the date of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 10 April 2006.

            For the Council

            The President

         U. PLASSNIK

    ---documentbreak---

               29.4.2006

               EN

               Official Journal of the European Union

               L 116/74

         AGREEMENT
   between the Republic of Croatia and the European Union on security procedures for the exchange of classified information
   THE REPUBLIC OF CROATIA,
   of the one part, and
   THE EUROPEAN UNION, hereinafter referred to as the ‘EU’, represented by the Presidency of the Council of the European Union,
   of the other part,
   hereinafter referred to as ‘the Parties’,
   CONSIDERING THAT the Parties share the objectives of strengthening their own security in all ways and of providing their citizens with a high level of safety within an area of security;
   CONSIDERING THAT the Parties agree that consultations and cooperation should be developed between them on questions of common interest relating to security;
   CONSIDERING THAT, in this context, a permanent need therefore exists to exchange classified information between the Parties;
   RECOGNISING THAT full and effective consultation and cooperation may require access to the Parties' classified information and material, as well as the exchange of classified information and related material between the Parties;
   CONSCIOUS THAT such access to, and exchange of, classified information and related material require appropriate security measures,
   HAVE AGREED AS FOLLOWS:
   Article 1
   In order to fulfil the objectives of strengthening the security of each of the Parties in all ways, this Agreement shall apply to classified information or material in any form either provided or exchanged between the Parties.
   Article 2
   For the purposes of this Agreement, classified information shall mean any information (namely, knowledge that can be communicated in any form) or material recognised as requiring protection against unauthorised disclosure and which has been so designated by a security classification (hereinafter ‘classified information’).
   Article 3
   For the purposes of this Agreement, ‘EU’ shall mean the Council of the European Union (hereinafter ‘Council’), the Secretary-General/High Representative and the General Secretariat of the Council, and the Commission of the European Communities (hereinafter ‘European Commission’).
   Article 4
   Each Party shall:

               (a)

               protect and safeguard classified information subject to this Agreement provided or exchanged by the other Party;

               (b)

               ensure that classified information subject to this Agreement provided or exchanged keeps the security classification given to it by the providing Party. The receiving Party shall protect and safeguard the classified information according to the provisions set out in its own security regulations for information or material holding an equivalent security classification, as specified in the security arrangements to be established pursuant to Articles 11 and 12;

               (c)

               not use such classified information for purposes other than those established by the originator and those for which the information is provided or exchanged;

               (d)

               not disclose such classified information to third parties, or to any EU institution or entity not mentioned in Article 3, without the prior consent of the originator.

         Article 5
   1.   Classified information may be disclosed or released, in accordance with the principle of originator control, by one Party, ‘the providing Party’, to the other Party, ‘the receiving Party’.
   2.   For release to recipients other than the Parties, a decision on disclosure or release of classified information shall be made by the receiving Party following the consent of the providing Party, in accordance with the principle of originator control as defined in its security regulations.
   3.   In implementing paragraphs 1 and 2, no generic release shall be possible unless procedures are established and agreed between the Parties regarding certain categories of information, relevant to their operational requirements.
   Article 6
   The Republic of Croatia and the EU, and the entities of the latter as defined in Article 3, shall have a security organisation and security programmes, based upon such basic principles and minimum standards of security which shall be implemented in the security systems of the Parties to be established pursuant to Articles 11 and 12, to ensure that an equivalent level of protection is applied to classified information subject to this Agreement.
   Article 7
   1.   The Parties shall ensure that all persons who, in the conduct of their official duties, require access, or whose duties or functions may afford access, to classified information provided or exchanged under this Agreement are appropriately security cleared before they are granted access to such information.
   2.   The security clearance procedures shall be designed to determine whether an individual may, taking into account his or her loyalty, trustworthiness and reliability, have access to classified information.
   Article 8
   The Parties shall provide mutual assistance with regard to security of classified information subject to this Agreement and matters of common security interest. Reciprocal security consultations and inspections shall be conducted by the authorities as defined in Article 11 to assess the effectiveness of the security arrangements within their respective responsibility to be established pursuant to Articles 11 and 12.
   Article 9
   1.   For the purpose of this Agreement

               (a)

               As regards the EU:
               all correspondence shall be sent to the Council at the following address:

                           Council of the European Union

                           Chief Registry Officer

                           Rue de la Loi/Wetstraat, 175

                           B-1048 Brussels

                     .
               All correspondence shall be forwarded by the Chief Registry Officer of the Council to the Member States and to the European Commission, subject to paragraph 2.

               (b)

               As regards the Republic of Croatia:
               all correspondence shall be addressed to

                           Republic of Croatia

                           Office of the National Security Council

                           Central Registry

                           Jurjevska 34

                           10000 Zagreb

                     via the Mission of the Republic of Croatia to the European Communities, at the following address:

                           Mission of the Republic of Croatia to the European Communities

                           Sub-Registry Officer

                           Avenue des Arts 50

                           B-1000 Brussels

                     .

         2.   Exceptionally, correspondence from one Party which is accessible only to specific competent officials, organs or services of that Party may, for operational reasons, be addressed and be accessible only to specific competent officials, organs or services of the other Party specifically designated as recipients, taking into account their competencies and according to the need to know principle. As far as the EU is concerned, this correspondence shall be transmitted through the Chief Registry Officer of the Council.
   Article 10
   The Minister of Foreign Affairs and European Integration of the Republic of Croatia, and the Secretaries-General of the Council and of the European Commission shall oversee the implementation of this Agreement.
   Article 11
   In order to implement this Agreement:

               1.

               The Office of the National Security Council as the national security authority of the Republic of Croatia, acting in the name of the Government of the Republic of Croatia and under its authority, shall be responsible for developing security arrangements for the protection and safeguarding of classified information provided to the Republic of Croatia under this Agreement.

               2.

               The Security Office of the General Secretariat of the Council, under the direction and on behalf of the Secretary-General of the Council, acting in the name of the Council and under its authority, shall be responsible for developing security arrangements for the protection and safeguarding of classified information provided to the EU under this Agreement.

               3.

               The European Commission Security Directorate, acting in the name of the European Commission and under its authority, shall be responsible for developing security arrangements for the protection of classified information provided or exchanged under this Agreement within the European Commission and its premises.

         Article 12
   The security arrangements to be established pursuant to Article 11 in agreement between the three Offices concerned shall lay down the standards of the reciprocal security protection for classified information subject to this Agreement. For the EU, these standards shall be subject to approval by the Council Security Committee.
   Article 13
   The authorities defined in Article 11 shall establish procedures to be followed in the case of proven or suspected compromise of classified information subject to this Agreement.
   Article 14
   Prior to the provision of classified information subject to this Agreement between the Parties, the responsible security authorities defined in Article 11 shall agree that the receiving Party is able to protect and safeguard the information subject to this Agreement in a way consistent with the arrangements to be established pursuant to Articles 11 and 12.
   Article 15
   This Agreement shall in no way prevent the Parties from concluding other Agreements relating to the provision or exchange of classified information subject to this Agreement provided that they do not conflict with the provisions of this Agreement.
   Article 16
   All differences between the Parties arising out of the interpretation or application of this Agreement shall be dealt with by negotiation between them.
   Article 17
   1.   This Agreement shall enter into force on the first day of the first month following notification by the Parties to each other in writing of the completion of the internal procedures necessary for its entry into force.
   2.   This Agreement may be reviewed for consideration of possible amendment at the request of either Party.
   3.   Any amendment to this Agreement shall be made only in writing and by common agreement of the Parties. It shall enter into force upon mutual written notification as provided under paragraph 1.
   Article 18
   This Agreement may be denounced by either Party by written notice of denunciation given to the other Party. Such denunciation shall take effect six months after receipt of notification by the other Party, but shall not affect obligations already contracted under the provisions of this Agreement. In particular, all classified information provided or exchanged pursuant to this Agreement shall continue to be protected in accordance with the provisions set forth herein.
   IN WITNESS WHEREOF the undersigned, respectively duly authorised, have signed this Agreement.

      Done at Luxembourg, this tenth day of April in the year two thousand and six, in two originals each in the English language.

            For the Republic of Croatia

            For the European Union


title: 2004/931/CFSP: Political and Security Committee Decision EUPOL Kinshasa/1/2004 of 9 December 2004 concerning the appointment of the Head of Mission of the EU Police Mission in Kinshasa (DRC), EUPOL ‘Kinshasa’

text:
               31.12.2004

               EN

               Official Journal of the European Union

               L 396/61

      POLITICAL AND SECURITY COMMITTEE DECISION EUPOL KINSHASA/1/2004
   of 9 December 2004
   concerning the appointment of the Head of Mission of the EU Police Mission in Kinshasa (DRC), EUPOL ‘Kinshasa’
   (2004/931/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union and in particular Article 25(3) thereof,
   Having regard to Council Joint Action 2004/847/CFSP of 9 December 2004 on the launching of the EU Police Mission in Kinshasa (DRC) (1), and in particular Article 5 and 8 thereof,
   Whereas:

               (1)

               Articles 5 and 8 of Joint Action 2004/847/CFSP provides that the Council authorises the Political and Security Committee to take the relevant decisions in accordance with Article 25 of the Treaty on European Union, including the powers to appoint, upon a proposal by the Secretary-General/High Representative, a Head of Mission.

               (2)

               The Secretary-General/High Representative has proposed the appointment of Mr Adílio CUSTÓDIO,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Adílio CUSTÓDIO is hereby appointed Head of Mission of the EU Police Mission in Kinshasa (DRC) regarding the Integrated Police Unit (IPU) (EUPOL Kinshasa) from the day the mission will be launched. Until that date, he shall act as the Head of the Planning Team.
   Article 2
   This Decision shall take effect on the day of its adoption.
   It shall apply until 31 December 2005.

      Done at Brussels, 9 December 2004.

            For the Political and Security Committee

            The President

         A. HAMER

      (1)  OJ L 367, 14.12.2004, p. 30.


C 103 E/762                                      Official Journal of the European Union                           EN   29.4.2004
Thursday 1 April 2004
                                                         TEXTS ADOPTED
            P5_TA(2004)0247
            Approval of the Commission in its new form
                           European Parliament decision approving the Commission in its new form
            The European Parliament,
                having regard to Article 214(2), third subparagraph, and Article 215 of the EC Treaty,
                having regard to Rule 33(4) of its Rules of Procedure,
                having regard to the resignation of Mrs Anna Diamantopoulou as a Member of the Commission,
                 tendered on 10 March 2004,
                having regard to the appointment by the Government of the Hellenic Republic on 12 March 2004 of
                 Mr Stavros Dimas as a Member of the Commission (1210/B/1975),
                having regard to the hearing of the Commissioner-designate by the parliamentary committees respon-
                 sible,
            A. whereas the Commission should undertake to fully respect the spirit of fair interinstitutional coop-
                 eration and to avoid giving any impression of anticipating Parliament’s approval of the Commission in
                 its new form,
            1.     Approves the Commission in its new form for the remainder of its term of office until 31 October
            2004;
            2.     Instructs its President to forward this decision to the governments of the Member States.
            P5_TA(2004)0248
            Draft amending budget 4/2004
            European Parliament resolution on Draft amending budget No 4 of the European Union for the
            financial year 2004  Revision of the Staff Regulations (7683/2004  C5-0165/2004  2004/
                                                               2022(BUD))
            The European Parliament,
                having regard to Article 272 of the EC Treaty and Article 177 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 (1) and in particular Arti-
                 cles 37 and 38 thereof,
                having regard to the general budget of the European Union for the financial year 2004, as finally
                 adopted on 18 December 2003 (2),
                having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament,
                 the Council and the Commission on budgetary discipline and improvement of the budgetary pro-
                 cedure (3),
            (1) OJ L 248, 16.9.2002.
            (2) OJ L 53, 23.2.2004.
            (3) OJ C 172, 18.6.1999, p. 1. Agreement as amended by Decision 2003/429/EC (OJ L 147, 14.6.2003, p. 25).


Avis juridique important

|

31995D0406

95/406/EC: Commission Decision of 5 October 1995 terminating the anti-dumping proceeding concerning imports of parts of gas-fuelled, non-refillable pocket lighters originating in Japan

Official Journal L 239 , 07/10/1995 P. 0030 - 0031

COMMISSION DECISION of 5 October 1995 terminating the anti-dumping proceeding  concerning imports of parts of gas-fuelled, non-refillable pocket lighters originating in Japan  (95/406/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 3283/94 of 22 December 1994 on protection against  dumped imports from countries not members of the European Community  (1), as last amended by  Regulation (EC) No 1251/95  (2), and in particular Article 23 thereof, Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped  or subsidized imports from countries not members of the European Economic Community  (3), as last  amended by Regulation (EC) No 522/94  (4), and in particular Articles 5 and 9 thereof, After consulting the Advisory Committee, Whereas: A.  PROCEDURE (1)  In January 1991 the Commission received a complaint lodged by two Community  producers representing a major proportion of the total Community production of parts of  gas-fuelled, non-refillable pocket lighters. The complaint contained evidence of dumping and of  material injury resulting therefrom to justify the initiation of a proceeding. The Commission  accordingly announced, by a notice published in the Official Journal of the European Communities  (5), the initiation of an anti-dumping proceeding concerning imports of parts of gas-fuelled,  non-refillable pocket lighters originating in Japan. After publication of this notice a third  Community producer joined the complaint. (2)  The Commission officially advised the exporter and importers known to be concerned, the  representatives of the exporting country and the complainants and gave the parties directly  concerned the opportunity to make their views known in writing and to request a hearing. (3)  The known producer in the country concerned, four importers and the complaining Community  producers replied to the questionnaire sent to them and made their views known in writing. Those of  the abovementioned companies having so requested were granted hearings. (4)  The Commission sought and verified all the information it deemed necessary for the purpose of  its investigation and carried out investigations at the premises of the producer and exporter in  Japan, four importers in the Community and the three complaining Community producers. B.  RESULT OF INVESTIGATIONS (5)  In the course of the investigation, the Commission found that  subsequent to the complaint being lodged, the pattern of trade had changed in so far as parts of  lighters were no longer exclusively sourced from Japan. Since doubts existed concerning the actual  origin of the parts in question, the Commission decided to request Member States to carry out an  investigation in order to determine the real origin of the goods. (6)  This additional investigation did not reveal any misdeclaration in repect of origin but, given  the long period of time which it required, during which the anti-dumping investigation was merely  suspended, the Commission considered it appropriate to verify whether the resumption of the latter  investigation was warranted. Questioned in this respect, the complaining Community producers  admitted that market developments since the initiation of the proceeding had resulted in imports of  parts of gas-fuelled, non refillable pocket lighters originating in Japan being no longer as  injurious to them as they were when the complaint was lodged. C.  WITHDRAWAL OF THE COMPLAINT AND TERMINATION OF THE PROCEEDING (7)  Subsequently, by letter of  23 June 1995, the complaining Community producers formally withdrew their complaint concerning  imports of parts of gas-fuelled, non-refillable pocket lighters originating in Japan. The  Commission considered that a termination in this context would not be against the interest of the  Community. (8)  In these circumstances, the anti-dumping proceeding concerning imports of parts of  gas-fuelled, non-refillable pocket lighters originating in Japan should be terminated without  imposition of protective measures. (9)  The Advisory Committee has been consulted and has raised no objection. (10)  Interested parties were informed of the essential facts and considerations on the basis of  which the Commission intended to terminate the proceeding and have been given the opportunity to  comment, HAS DECIDED AS FOLLOWS: Sole Article The anti-dumping proceeding concerning imports of parts of  gas-fuelled, non-refillable pocket lighters originating in Japan, is hereby terminated. Done at Brussels, 5 October 1995. For the Commission Karel VAN MIERT Member of the Commission


title: 77/588/EEC: Council Decision of 13 September 1977 appointing an alternate member of the Advisory Committee on Medical Training

text:
 17 . 9 . 77                            Official Journal of the European Communities                        No L 239 / 25
                                                    COUNCIL DECISION
                                                    of 13 September 1977
                  appointing an alternate member of the Advisory Committee on Medical
                                                            Training
                                                          (77/588 /EEC)
 THE COUNCIL OF THE EUROPEAN                                        HAS DECIDED AS FOLLOWS :
 COMMUNITIES,
                                                                                Sole Article
 Having regard to the Treaty establishing the European
 Economic Community,
                                                                    Mr Hansen is hereby appointed alternate member of
 Having regard to Council Decision 75/364/ EEC of 16                the Advisory Committee on Medical Training in place
 June 1975 setting up an Advisory Committee on                      of Mr Schiøller for the remainder of the latter's term
 Medical Training ('),                                              of office, which runs until 5 April 1979 .
 Having regard to Council Decision 76/385/ EEC of 6
 April 1976 appointing the members and alternate
 members of the Advisory Committee on Medical
 Training (2),                                                      Done at Brussels, 13 September 1977.
 Whereas Mr Schi0ller requested to be released from
 his duties as alternate member of the Advisory
 Committee on Medical Training ;                                                               For the Council
 Whereas the Danish Government nominated Mr                                                     The President
 Hansen as a new alternate member of that Committee
 by letter dated 11 July 1977,                                                                  A. HUMBLET
(') OJ No L 167, 30 . 6 . 1975, p . 17 .
(') OJ No L 101 , 15 . 4. 1976, p. 51 .


title: Council Decision (CFSP) 2017/1512 of 30 August 2017 amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea

text:
               31.8.2017

               EN

               Official Journal of the European Union

               L 224/118

         COUNCIL DECISION (CFSP) 2017/1512
   of 30 August 2017
   amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 22 April 2013, the Council adopted Decision 2013/183/CFSP (1) concerning restrictive measures against the Democratic People's Republic of Korea (‘the DPRK’), which replaced Decision 2010/800/CFSP (2) and, inter alia, implemented United Nations Security Council Resolutions (‘UNSCRs’) 1718 (2006), 1874 (2009), 2087 (2013) and 2094 (2013).

               (2)

               On 2 March 2016, the UN Security Council adopted UNSCR 2270 (2016) providing for new measures against the DPRK.

               (3)

               On 31 March 2016, the Council adopted Decision (CFSP) 2016/476 (3) giving effect to those measures.

               (4)

               On 27 May 2016, the Council adopted Decision (CFSP) 2016/849 (4) concerning restrictive measures against the DPRK, which replaced Decision 2013/183/CFSP and, inter alia, implemented UNSCRs 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) and 2270 (2016).

               (5)

               UNSCR 2270 (2016) provides that the asset freeze is to apply with respect to entities of the Government of the DPRK or the Workers' Party of Korea, or by persons acting on their behalf or at their direction, where a UN Member State determines that they are associated with the DPRK's nuclear or ballistic missile programs or other activities prohibited by the relevant UNSCRs. Moreover, the Council considers that persons acting on behalf or at the direction of the entities of the Government of the DPRK or the Workers' Party of Korea that the Council determines are associated with the DPRK's nuclear or ballistic-missile programmes or other activities prohibited by the relevant UNSCRs should be subject to travel restrictions.

               (6)

               The Council considers it necessary to include a new Annex to list those persons and entities.

               (7)

               UNSCR 2270 (2016) also provides that the asset freeze applicable with respect to entities of the Government of the DPRK or the Workers' Party of Korea, or by persons acting on their behalf or at their direction, does not apply where the funds, other financial assets or economic resources, are required to carry out the activities of DPRK's missions to the UN and other specialised agencies.

               (8)

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

               (9)

               Decision (CFSP) 2016/849 should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision (CFSP) 2016/849 is amended as follows:

               (1)

               Article 13 is amended as follows:

                           (a)

                           point (2) is replaced by the following:

                                       ‘(2)

                                       Financial institutions under the jurisdiction of Member States shall not enter into, or continue to participate in, any transactions with:

                                                   (a)

                                                   banks domiciled in the DPRK, including the Central Bank of the DPRK;

                                                   (b)

                                                   branches or subsidiaries within the jurisdiction of the Member States of banks domiciled in the DPRK;

                                                   (c)

                                                   branches or subsidiaries outside the jurisdiction of the Member States of banks domiciled in the DPRK;

                                                   (d)

                                                   financial entities that are not domiciled in the DPRK, that are within the jurisdiction of the Member States and that are controlled by persons or entities domiciled in the DPRK; or

                                                   (e)

                                                   financial entities that are not domiciled in the DPRK or are not within the jurisdiction of the Member States but are controlled by persons or entities domiciled in the DPRK,
                                                   unless such transactions fall within the scope of point (3) and have been authorised in accordance with point (4).’;

                           (b)

                           point (5) is replaced by the following:

                                       ‘(5)

                                       The prior authorisation referred to in point (4) shall not be required for any transfer of funds or transaction which is necessary for the official purposes of a diplomatic or consular mission of a Member State in the DPRK or an international organisation enjoying immunities in the DPRK in accordance with international law.’.

               (2)

               In Article 18, paragraph 2 is replaced by the following:
               ‘2.   Member States shall prohibit the entry into their ports of any vessel if they have information that provides reasonable grounds to believe that the vessel is owned or controlled, directly or indirectly, by a person or entity listed in Annex I, II, III or V, or contains cargo whose supply, sale, transfer or export is prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016) or by this Decision.’.

               (3)

               In Article 20, paragraph 1 is replaced by the following:
               ‘1.   It shall be prohibited to lease or charter Member States' flagged vessels or aircraft or to provide crew services to the DPRK, any persons or entities listed in Annex I, II, III or V, any other DPRK entities, any other persons or entities whom the Member State determines to have assisted in the evasion of sanctions or in the violation of the provisions of UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016) or of this Decision, any persons or entities acting on behalf or at the direction of any of the aforementioned, or any entities owned or controlled by any of the aforementioned.’.

               (4)

               In Article 23(1), the following point is added:

                           ‘(d)

                           persons acting on behalf or at the direction of the entities of the Government of the DPRK or the Workers' Party that the Council determines are associated with the DPRK's nuclear or ballistic-missile programmes or other activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016), that are not covered by Annex I, II or III, as listed in Annex V to this Decision.’.

               (5)

               Article 27 is amended as follows:

                           (a)

                           in paragraph 1, point (d) is replaced by the following:

                                       ‘(d)

                                       entities of the Government of the DPRK or the Workers' Party of Korea, or persons or entities acting on their behalf or at their direction, or entities owned or controlled by them, that the Council determines are associated with the DPRK's nuclear or ballistic-missile programmes or other activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016), and that are not covered by Annex I, II or III, as listed in Annex V to this Decision.’;

                           (b)

                           in paragraph 6, the introductory wording is replaced by the following:
                           ‘6.   Paragraph 1 shall not prevent a designated person or entity listed in Annex II, III or V from making a payment due under a contract entered into before the listing of that person or entity, provided that the relevant Member State has determined that:’.

               (6)

               Article 28 is replaced by the following:
               ‘Article 28
               Article 27(1)(d), and 27(2) insofar as it refers to the persons and entities covered by Article 27(1)(d), shall not apply with respect to funds, other financial assets or economic resources that are required to carry out the activities of the DPRK's missions to the UN and its specialised agencies and related organisations or other diplomatic and consular missions of the DPRK, or to any funds, other financial assets or economic resources that the Sanctions Committee determines in advance on a case-by-case basis are required for the delivery of humanitarian assistance, denuclearisation or any other purpose consistent with the objectives of UNSCR 2270 (2016).’.

               (7)

               In Article 32, point (a) is replaced by the following:

                           ‘(a)

                           the designated persons or entities listed in Annex I, II, III, IV or V,’.

               (8)

               In Article 33, paragraph 2 is replaced by the following:
               ‘2.   The Council, acting by unanimity on a proposal from Member States or the High Representative of the Union for Foreign Affairs and Security Policy, shall establish the lists in Annex II, III or V and adopt modifications thereto.’.

               (9)

               In Article 34, paragraph 2 is replaced by the following:
               ‘2.   Where the Council decides to subject a person or entity to the measures referred to in points (b) or (c) of Article 23(1) or point (b), (c) or (d) of Article 27(1), it shall amend Annex II, III or V accordingly.’.

               (10)

               Article 35 is replaced by the following:
               ‘Article 35
               1.   Annexes I, II, III and V shall include the grounds for listing of listed persons and entities, as provided by the UN Security Council or by the Sanctions Committee with regard to Annex I.
               2.   Annexes I, II, III and V shall also include, where available, information necessary to identify the persons or entities concerned, as provided by the UN Security Council or by the Sanctions Committee with regard to Annex I. With regard to persons, such information may include names, including aliases, date and place of birth, nationality, passport and ID card numbers, gender, address, if known, and function or profession. With regard to entities, such information may include names, place and date of registration, registration number and place of business. Annex I shall also include the date of designation by the UN Security Council or by the Sanctions Committee.’.

               (11)

               In Article 36, paragraph 2 is replaced by the following:
               ‘2.   The measures referred to in points (b) and (c) of Article 23(1) and points (b), (c) and (d) of Article 27(1) shall be reviewed at regular intervals and at least every 12 months. They shall cease to apply in respect of the persons and entities concerned if the Council determines, in accordance with the procedure referred to in Article 33(2), that the conditions for their application are no longer met.’.

               (12)

               The Annex set out in the Annex to this Decision is added.

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

      Done at Brussels, 30 August 2017.

            For the Council

            The President

         M. MAASIKAS

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

      (2)  Council Decision 2010/800/CFSP of 22 December 2010 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Common Position 2006/795/CFSP (OJ L 341, 23.12.2010, p. 32).

      (3)  Council Decision (CFSP) 2016/476 of 31 March 2016 amending Decision 2013/183/CFSP concerning restrictive measures against the Democratic People's Republic of Korea (OJ L 85, 1.4.2016, p. 38).

      (4)  Council Decision (CFSP) 2016/849 of 27 May 2016 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Decision 2013/183/CFSP (OJ L 141, 28.5.2016, p. 79).

      ANNEX
      ‘
            ANNEX V
            List of persons and entities referred to in point (d) of Article 23(1) and point (d) of Article 27(1)
         ’


Avis juridique important

|

31997D0641

97/641/EC, Euratom: Council Decision of 22 September 1997 appointing a member of the Economic and Social Committee

Official Journal L 272 , 04/10/1997 P. 0047 - 0047

COUNCIL DECISION of 22 September 1997 appointing a member of the Economic and Social Committee (97/641/EC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 195 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,Having regard to Council Decision 94/660/EC, Euratom of 26 September 1994 appointing the members of the Economic and Social Committee for the period up to 20 September 1998 (1),Whereas a seat as a member of that Committee has fallen vacant following the resignation of Mr Jens-Peter Petersen of which the Council was notified on 15 May 1997;Having regard to the nominations submitted by the German Government on 16 June 1997,Having obtained the opinion of the Commission of the European Communities,HAS DECIDED AS FOLLOWS:Sole Article Mr Rainer Franz is hereby appointed a member of the Economic and Social Committee in place of Mr Jens-Peter Petersen for the remainder of the latter's term of office, which runs until 20 September 1998.Done at Brussels, 22 September 1997.For the CouncilThe PresidentF. BODEN(1) OJ L 257, 5. 10. 1994, p. 20.


Avis juridique important

|

31996D0508(03)

Council Decision of 22 April 1996 appointing an alternate member of the Advisory Committee on Medical Training

Official Journal C 136 , 08/05/1996 P. 0003 - 0003

COUNCIL DECISION of 22 April 1996 appointing an alternate member of the Advisory Committee on Medical Training (96/C 136/03)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Council Decision 75/364/EEC of 16 June 1975 setting up an Advisory Committee on Medical Training (1), and in particular Articles 3 and 4 thereof,Whereas, by its Decision of 25 July 1994 (2), the Council appointed Dr Michèle BRUAIRE an alternate member of the Committee for the period ending 24 July 1997;Whereas the French Government has nominated Dr Pierre BOTREAU-ROUSSEL to replace Dr Michèle BRUAIRE,HAS DECIDED AS FOLLOWS:Sole Article Dr Pierre BOTREAU-ROUSSEL is hereby appointed an alternate member of the Advisory Committee on Medical Training in place of Dr Michèle BRUAIRE for the remainder of the latter's term of office, which ends on 24 July 1997.Done at Luxembourg, 22 April 1996.For the CouncilThe PresidentW. LUCHETTI(1) OJ No L 167, 30. 6. 1975, p. 17.(2) OJ No C 221, 9. 8. 1994, p. 1.