title: 2011/392/EU: Council Decision of 13 May 2011 on the conclusion of an Agreement between the European Union and the Kingdom of Morocco establishing a dispute settlement mechanism#Agreement between the European Union and the Kingdom of Morocco establishing a dispute settlement mechanism

text:
               5.7.2011

               EN

               Official Journal of the European Union

               L 176/1

         COUNCIL DECISION
   of 13 May 2011
   on the conclusion of an Agreement between the European Union and the Kingdom of Morocco establishing a dispute settlement mechanism
   (2011/392/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(6)(a)(v), thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               On 24 February 2006 the Council authorised the Commission to open negotiations with partners in the Mediterranean region in order to establish a dispute settlement mechanism related to trade provisions.

               (2)

               Negotiations have been conducted by the Commission in consultation with the committee appointed under Article 207 of the Treaty and within the framework of the negotiating directives issued by the Council.

               (3)

               These negotiations have been concluded and an Agreement between the European Union and the Kingdom of Morocco establishing a Dispute Settlement Mechanism (‘the Agreement’) was initialled on 9 December 2009.

               (4)

               The Agreement was signed on behalf of the Union on 13 December 2010.

               (5)

               The Agreement should be concluded,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and the Kingdom of Morocco establishing a Dispute Settlement Mechanism (‘the Agreement’) is hereby approved on behalf of the Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council shall give, on behalf of the Union, the notification provided for in Article 23 of the Agreement (1).
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 13 May 2011.

            For the Council

            The President

         MARTONYI J.

      (1)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

      AGREEMENT
      between the European Union and the Kingdom of Morocco establishing a dispute settlement mechanism
      THE EUROPEAN UNION, hereinafter referred to as ‘the Union’,
      of the one part, and
      THE KINGDOM OF MOROCCO, hereinafter referred to as ‘Morocco’,
      of the other part,
      HAVE AGREED AS FOLLOWS:
      CHAPTER I

         OBJECTIVE AND SCOPE

      Article 1
      Objective
      The objective of this Agreement is to avoid and settle any trade dispute between the Parties with a view to arrive at, where possible, a mutually agreed solution.
      Article 2
      Application of the Agreement
      1.   The provisions of this Agreement apply with respect to any dispute concerning an alleged violation of the provisions of Title II (with the exception of Article 24) of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part (hereinafter ‘the association Agreement’) (1) or of the Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco concerning reciprocal liberalisation measures on agricultural products, processed agricultural products, fish and fishery products, the replacement of protocols 1, 2 and 3 and their Annexes and amendments to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part. The procedures of this Agreement shall apply if, 60 days after a dispute has been referred to the Association Council pursuant to Article 86 of the Association Agreement, the Association Council has failed to settle the dispute.
      2.   Article 86 of the Association Agreement applies to disputes relating to the application and interpretation of other provisions of the Association Agreement.
      3.   For the purposes of paragraph 1, a dispute shall be deemed to be resolved when the Association Council has taken a decision as provided for in Article 86.2 of the Association Agreement, or when it has declared that there is no longer a dispute.
      CHAPTER II

         CONSULTATIONS AND MEDIATION

      Article 3
      Consultations
      1.   The Parties shall endeavour to resolve any difference regarding the interpretation and application of the provisions referred to in Article 2 by entering into consultations in good faith with the aim of reaching a prompt, equitable and mutually agreed solution. In these consultations, the Parties will also discuss the impact that the alleged breach would have on their trade.
      2.   A Party shall seek consultations by means of a written request to the other Party, copied to the subcommittee ‘industry, trade and services’, identifying any measure at issue and the provisions of the agreements referred to in Article 2 that it considers breached.
      3.   Consultations shall be held within 40 days of the date of receipt of the request and take place, unless the Parties agree otherwise, on the territory of the Party complained against. The consultations shall be deemed concluded within 60 days of the date of receipt of the request, unless both Parties agree to continue consultations. Consultations, in particular all information disclosed and positions taken by the Parties during these proceedings, shall be confidential, and without prejudice to the rights of either Party in any further proceedings.
      4.   Consultations on matters of urgency, including those regarding perishable or seasonal goods shall be held within 15 days of the date of receipt of the request, and shall be deemed concluded within 30 days of the date of receipt of the request.
      5.   If the Party to which the request is made does not respond to the request for consultations within 20 working days of the date of its receipt, or if consultations are not held within the timeframes laid down in paragraph 3 or in paragraph 4 respectively, or if consultations have been concluded and no agreement has been reached on a mutually agreed solution, the complaining Party may request the establishment of an arbitration panel in accordance with Article 5.
      Article 4
      Mediation
      1.   If consultations fail to produce a mutually agreed solution, the Parties may, by mutual agreement, seek recourse to a mediator. Any request for mediation must be made in writing to Party complained against and the subcommittee ‘industry, trade and services’ and state any measure which has been the subject of consultations as well as the mutually agreed terms of reference for the mediation. Each Party undertakes to accord sympathetic consideration to requests for mediation.
      2.   Unless the Parties agree on a mediator within 10 working days of the date of receipt of the request for mediation, the chairpersons of the subcommittee ‘industry, trade and services’, or the chairpersons’ delegate, shall select by lot a mediator from the pool of individuals who are on the list referred to in Article 19 and are not nationals of either Party. The selection shall be made within 15 working days of the date of receipt of the request for mediation. The mediator will convene a meeting with the Parties no later than 30 days after being selected. The mediator shall receive the submissions of each Party no later than 15 days before the meeting and may request additional information from the Parties or from experts or technical advisors as she or he deems necessary. Any information obtained in this manner must be disclosed to each of the Parties and submitted for their comments. The mediator shall notify an opinion no later than 45 days after having been selected.
      3.   The mediator’s opinion may include one or more recommendations on how to resolve the dispute consistent with the provisions referred to in Article 2. The mediator’s opinion is non-binding.
      4.   The Parties may agree to amend the time limits referred to in paragraph 2. The mediator may also decide to amend these time limits upon request of any of the Parties, given the particular difficulties experienced by the Party concerned or the complexities of the case.
      5.   The proceedings involving mediation, in particular the mediator’s opinion and all information disclosed and positions taken by the Parties during these proceedings, shall be confidential, and without prejudice to the rights of either Party in any further proceedings.
      6.   If the Parties agree, procedures for mediation may continue while the arbitration procedure proceeds.
      7.   Replacement of a mediator shall take place only for the reasons and according to the procedures detailed in rules 18 to 21 of the Rules of Procedure.
      CHAPTER III

         DISPUTE SETTLEMENT PROCEDURES

         SECTION I

            Arbitration procedure

      Article 5
      Initiation of the arbitration procedure
      1.   Where the Parties have failed to resolve the dispute by recourse to consultations as provided for in Article 3, or by recourse to mediation as provided for in Article 4, the complaining Party may request the establishment of an arbitration panel.
      2.   The request for the establishment of an arbitration panel shall be made in writing to the Party complained against and the subcommittee ‘industry, trade and services’. The complaining Party shall identify in its request the specific measure at issue, and it shall explain how such measure constitutes a breach of the provisions referred to in Article 2. The establishment of an arbitration panel shall be requested no later than 18 months from the date of receipt of the request for consultations, without prejudice to the rights of the complaining Party to request new consultations on the same matter in the future.
      Article 6
      Establishment of the arbitration panel
      1.   An arbitration panel shall be composed of three arbitrators.
      2.   Within 10 working days of the date of receipt by the Party complained against of the request for the establishment of an arbitration panel, the Parties shall consult in order to reach an agreement on the composition of the arbitration panel.
      3.   In the event that the Parties are unable to agree on its composition within the time frame laid down in paragraph 2, either Party may request the chairpersons of the subcommittee ‘industry, trade and services’, or the chairpersons’ delegate, to select all three members by lot from the list established under Article 19, one among the individuals proposed by the complaining Party, one among the individuals proposed by the Party complained against and one among the individuals selected by the Parties to act as chairperson. Where the Parties agree on one or more of the members of the arbitration panel, any remaining members shall be selected by the same procedure.
      4.   The chairpersons of the subcommittee ‘industry, trade and services’, or the chairpersons’ delegate, shall select the arbitrators within five working days of the request referred to in paragraph 3.
      5.   The date of establishment of the arbitration panel shall be the date on which the three arbitrators are selected.
      6.   Replacement of arbitrators shall take place only for the reasons and according to the procedures detailed in rules 18 to 21 of the Rules of Procedure.
      Article 7
      Interim panel report
      The arbitration panel shall issue an interim report to the Parties setting out the findings of fact, the applicability of relevant provisions and the basic rationale behind any findings and recommendations that it makes, not later than 120 days from the date of establishment of the arbitration panel. Any Party may submit a written request for the arbitration panel to review precise aspects of the interim report within 15 days of its notification. The findings of the final panel ruling shall include a discussion of the arguments made at the interim review stage.
      Article 8
      Arbitration panel ruling
      1.   The arbitration panel shall notify its ruling to the Parties and to the subcommittee ‘industry, trade and services’ within 150 days from the date of the establishment of the arbitration panel. Where it considers that this deadline cannot be met, the chairperson of the arbitration panel must notify the Parties and the subcommittee ‘industry, trade and services’ in writing, stating the reasons for the delay and the date on which the panel plans to conclude its work. Under no circumstances should the ruling be notified later than 180 days from the date of the establishment of the arbitration panel.
      2.   In cases of urgency, including those involving perishable or seasonal goods, the arbitration panel shall make every effort to notify its ruling within 75 days from the date of its establishment. Under no circumstance should it take longer than 90 days from its establishment. The arbitration panel shall give a preliminary ruling within 10 days of its establishment on whether it deems the case to be urgent.
      3.   The arbitration panel shall, at the request of both Parties, suspend its work at any time for a period agreed by the Parties not exceeding 12 months and shall resume its work at the end of this agreed period at the request of the complaining Party. If the complaining Party does not request the resumption of the arbitration panel’s work before the expiry of the agreed suspension period, the procedure shall be terminated. The suspension and termination of the arbitration panel’s work are without prejudice to the rights of either Party in another proceeding on the same matter.

         SECTION II

            Compliance

      Article 9
      Compliance with the arbitration panel ruling
      Each Party shall take any measure necessary to comply with the arbitration panel ruling, and the Parties will endeavour to agree on the period of time to comply with the ruling.
      Article 10
      The reasonable period of time for compliance
      1.   No later than 30 days after the receipt of the notification of the arbitration panel ruling to the Parties, the Party complained against shall notify the complaining Party and the subcommittee ‘industry, trade and services’ of the time it will require for compliance (reasonable period of time), if immediate compliance is not possible.
      2.   If there is disagreement between the Parties on the reasonable period of time to comply with the arbitration panel ruling, the complaining Party shall, within 20 days of the receipt of the notification made under paragraph 1 by the Party complained against, request in writing the arbitration panel to determine the length of the reasonable period of time. Such request shall be notified simultaneously to the other Party and to the subcommittee ‘industry, trade and services’. The arbitration panel shall notify its ruling to the Parties and to the subcommittee ‘industry, trade and services’ within 30 days from the date of the submission of the request.
      3.   The reasonable period of time may be extended by mutual agreement of the Parties.
      Article 11
      Review of any measure taken to comply with the arbitration panel ruling
      1.   The Party complained against shall notify the other Party and the subcommittee ‘industry, trade and services’ before the end of the reasonable period of time of any measure that it has taken to comply with the arbitration panel ruling.
      2.   In the event that there is disagreement between the Parties concerning the existence or the consistency of any measure notified under paragraph 1 with the provisions referred to in Article 2, the complaining Party may request, in writing, the arbitration panel to rule on the matter. Such request shall identify the specific measure at issue and it shall explain how such measure is inconsistent with the provisions referred to in Article 2. The arbitration panel shall notify its ruling within 90 days of the date of the submission of the request. In cases of urgency, including those involving perishable or seasonal goods, the arbitration panel shall notify its ruling within 45 days of the date of the submission of the request.
      Article 12
      Temporary remedies in case of non-compliance
      1.   If the Party complained against fails to notify any measure taken to comply with the arbitration panel ruling before the expiry of the reasonable period of time, or if the arbitration panel rules that the measure notified under Article 1(1) is inconsistent with that Party’s obligations under the provisions referred to in Article 2, the Party complained against shall, if so requested by the complaining Party, present an offer for temporary compensation.
      2.   If no agreement on compensation is reached within 30 days after the end of the reasonable period of time or of the arbitration panel ruling under Article 11 that a measure taken to comply is inconsistent with the provisions referred to in Article 2, the complaining Party shall be entitled, upon notification to the other Party and to the subcommittee ‘industry, trade and services’, to suspend obligations arising from any provision referred to in Article 2 at a level equivalent to the nullification or impairment caused by the violation. The complaining Party may implement the suspension 10 working days after the date of receipt of the notification by the Party complained against, unless the Party complained against has requested arbitration under paragraph 3.
      3.   If the Party complained against considers that the level of suspension is not equivalent to the nullification or impairment caused by the violation, it may request, in writing, the arbitration panel to rule on the matter. Such request shall be notified to the other Party and to the subcommittee ‘industry, trade and services’ before the expiry of the 10 working day period referred to in paragraph 2. The arbitration panel, having sought, if appropriate, the opinion of experts, shall notify its ruling on the level of the suspension of obligations to the Parties and to the institutional body responsible for trade matters within 30 days of the date of the submission of the request. Obligations shall not be suspended until the arbitration panel has notified its ruling, and any suspension shall be consistent with the arbitration panel ruling.
      4.   The suspension of obligations shall be temporary and shall be applied only until any measure found to be inconsistent with the provisions referred to in Article 2 has been withdrawn or amended so as to bring it into conformity with those provisions, as established under Article 13, or until the Parties have agreed to settle the dispute.
      Article 13
      Review of any measure taken to comply after the suspension of obligations
      1.   The Party complained against shall notify the other Party and the subcommittee ‘industry, trade and services’ of any measure it has taken to comply with the ruling of the arbitration panel and of its request for an end to the suspension of obligations applied by the complaining Party.
      2.   If the Parties do not reach an agreement on the compatibility of the notified measure with the provisions referred to in Article 2 within 30 days of the date of receipt of the notification, the complaining Party shall request, in writing, the arbitration panel to rule on the matter. Such request shall be notified simultaneously to the other Party and to the subcommittee ‘industry, trade and services’. The arbitration panel ruling shall be notified to the Parties and to the subcommittee ‘industry, trade and services’ within 45 days of the date of the submission of the request. If the arbitration panel rules that any measure taken to comply is in conformity with the provisions referred to in Article 2, the suspension of obligations shall be terminated.

         SECTION III

            Common provisions

      Article 14
      Mutually agreed solution
      The Parties may reach a mutually agreed solution to a dispute under this Agreement at any time. They shall notify the subcommittee ‘industry, trade and services’ and the arbitration panel of any such solution. Upon notification of the mutually agreed solution, the panel shall terminate its work and the procedure shall be terminated.
      Article 15
      Rules of Procedure
      1.   Dispute settlement procedures under Chapter III of this Agreement shall be governed by the Rules of Procedure annexed to this Agreement.
      2.   Any meeting of the arbitration panel shall be open to the public in accordance with the Rules of Procedure, unless the Parties agree otherwise.
      Article 16
      Information and technical advice
      At the request of a Party, or upon its own initiative, the arbitration panel may obtain information it deems appropriate for the arbitration panel proceeding. In particular, the arbitration panel also has the right to seek the relevant opinion of experts as it deems appropriate. The arbitration panel shall consult the Parties before choosing such experts. Any information obtained in this manner must be disclosed to each of the Parties and submitted for their comments. Unless the Parties agree otherwise, interested natural or legal persons established in the Parties are authorised to submit communications in writing to the arbitration panels in accordance with the Rules of Procedure. Such communications shall be limited to the factual aspects of the dispute and shall not address points of law.
      Article 17
      Rules of interpretation
      Any arbitration panel shall interpret the provisions referred to in Article 2 in accordance with customary rules of interpretation of public international law, including the Vienna Convention on the Law of Treaties. The rulings of the arbitration panel cannot add to or diminish the rights and obligations provided in the provisions referred to in Article 2.
      Article 18
      Arbitration panel decisions and ruling
      1.   The arbitration panel shall make every effort to take any decision by consensus. Where, nevertheless, a decision cannot be arrived at by consensus, the matter at issue shall be decided by majority vote. However, in no case dissenting opinions of arbitrators shall be published.
      2.   Any ruling of the arbitration panel shall be binding on the Parties and shall not create any rights or obligations to physical or legal persons. The ruling shall set out the findings of fact, the applicability of the relevant provisions of the agreements set out in Article 2 and the basic rationale behind any findings and conclusions that it makes. The subcommittee ‘industry, trade and services’ shall make the arbitration panel ruling publicly available in its entirety unless it decides not to do so in order to ensure the confidentiality of business confidential information.
      CHAPTER IV

         GENERAL PROVISIONS

      Article 19
      Lists of arbitrators
      1.   The subcommittee ‘industry, trade and services’ shall, no later than 6 months after the entry into force of this Agreement, establish a list of at least 15 individuals who are willing and able to serve as arbitrators. Each of the Parties shall propose at least five individuals to serve as arbitrators. The two Parties shall also select at least five individuals that are not nationals of either Party and who shall act as chairperson to the arbitration panel. The subcommittee ‘industry, trade and services’ will ensure that the list is always maintained at this level.
      2.   Arbitrators shall have specialised knowledge or experience of law and international trade. They shall be independent, serve in their individual capacities and not take instructions from any organisation or government, or be affiliated with the government of any of the Parties, and shall comply with the Code of Conduct annexed to this Agreement.
      3.   The subcommittee ‘industry, trade and services’ may establish additional lists of at least 15 individuals having a sectoral expertise in specific matters covered by the agreements referred to in Article 2. Each of the Parties shall propose at least five individuals to serve as arbitrators. The two Parties shall also select at least five individuals that are not nationals of either Party and who shall act as chairperson to the arbitration panel. When recourse is made to the selection procedure of Article 6(2), the chairpersons of the subcommittee ‘industry, trade and services’ may use a sectoral list upon agreement of both Parties.
      Article 20
      Relation with WTO obligations
      1.   When a Party seeks the settlement of a dispute concerning an obligation under the WTO Agreement, it shall have recourse to the relevant rules and procedures of the WTO Agreement, which apply notwithstanding the provisions of this Agreement.
      2.   When a Party seeks the settlement of a dispute concerning an obligation falling within the scope of this Agreement as defined in Article 2, it shall have recourse to the rules and procedures of this Agreement.
      3.   Unless the Parties otherwise agree, when a Party seeks the settlement of a dispute concerning an obligation falling within the scope of this Agreement as defined in Article 2, which is equivalent in substance to an obligation under the WTO, it shall have recourse to the relevant rules and procedures of the WTO Agreement, which apply notwithstanding the provisions of this Agreement.
      4.   Once dispute settlement procedures have been initiated, the forum selected in accordance with the paragraphs above, if it has not declined its jurisdiction, shall be used to the exclusion of the other.
      5.   Nothing in this Agreement shall preclude a Party from implementing the suspension of obligations authorised by the Dispute Settlement Body of the WTO. The WTO Agreement shall not be invoked to preclude a Party from suspending obligations under this Agreement.
      Article 21
      Time limits
      1.   All time limits laid down in this Agreement, including the limits for the arbitration panels to notify their rulings, shall be counted in calendar days from the day following the act or fact to which they refer, unless otherwise specified.
      2.   Any time limit referred to in this Agreement may be modified by mutual agreement of the Parties. The Parties undertake to accord sympathetic consideration to requests for extensions of any time limit by reason of difficulties faced by any Party in complying with the procedures of this Agreement. Upon request of a Party, the arbitration panel may modify the time limits applicable in the proceedings, taking into account the different level of development of the Parties.
      Article 22
      Review and modification of the Agreement
      1.   After the entry into force of this Agreement and its Annexes, the Association Council may at any time review their implementation, with a view to decide their continuation, modification or termination.
      2.   In this review, the Association Council may consider the possibility of creating an Appellate Body common to several Euro-Mediterranean Agreements.
      3.   The Association Council may decide to modify this Agreement and its Annexes.
      Article 23
      Entry into force
      This Agreement will be approved by the Parties in accordance with their own procedures. This Agreement shall enter into force on the first day of the second month following the date on which the Parties notify each other that the procedures referred to in this Article have been completed.

         Done at Brussels, in duplicate, on the thirteenth day of December in the year two thousand and ten, in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Arabic languages, each of these texts being equally authentic.

            За Европейския съюз
            Por la Unión Europea
            Za Evropskou unii
            For Den Europæiske Union
            Für die Europäische Union
            Euroopa Liidu nimel
            Για την Ευρωπαϊκή Ένωση
            For the European Union
            Pour l'Union européenne
            Per l'Unione europea
            Eiropas Savienības vārdā –
            Europos Sąjungos vardu
            Az Európai Unió részéről
            Għall-Unjoni Ewropea
            Voor de Europese Unie
            W imieniu Unii Europejskiej
            Pela União Europeia
            Pentru Uniunea Europeană
            Za Európsku úniu
            Za Evropsko unijo
            Euroopan unionin puolesta
            För Europeiska unionen

            За Кралство Мароко
            Por el Reino de Marruecos
            Za Marocké království
            For Kongeriget Marokko
            Für das Königreich Marokko
            Maroko Kuningriigi nimel
            Για το Βασίλειο του Μαρόκου
            For the Kingdom of Morocco
            Pour le Royaume du Maroc
            Per il Regno del Marocco
            Marokas Karalistes vārdā –
            Maroko Karalystės vardu
            A Marokkói Királyság részéről
            Għar-Renju tal-Marokk
            Voor het Koninkrijk Marokko
            W imieniu Królestwa Maroka
            Pelo Reino de Marrocos
            Pentru Regatul Maroc
            Za Marocké kráľovstvo
            Za Kraljevino Maroko
            Marokon kuningaskunnan puolesta
            För Konungariket Marocko

         (1)  The provisions of this Agreement are without prejudice to Article 34 of the Protocol concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation.

         ANNEXES

                        ANNEX I:

                     RULES OF PROCEDURE FOR ARBITRATION

                        ANNEX II:

                     CODE OF CONDUCT FOR MEMBERS OF ARBITRATION PANELS AND MEDIATORS

            ANNEX I

               RULES OF PROCEDURE FOR ARBITRATION

               General provisions

                        1.

                        In this Agreement and under these rules:

                                    ‘adviser’ means a person retained by a Party to advise or assist that Party in connection with the arbitration panel proceeding;

                                    ‘complaining Party’ means any Party that requests the establishment of an arbitration panel under Article 5 of this Agreement;

                                    ‘Party complained against’ means the Party that is alleged to be in violation of the provisions referred to in Article 2 of this Agreement;

                                    ‘arbitration panel’ means a panel established under Article 6 of this Agreement;

                                    ‘representative of a Party’ means an employee or any person appointed by a government department or agency or any other public entity of a Party;

                                    ‘day’ means a calendar day, unless otherwise specified.

                        2.

                        The Party complained against shall be in charge of the logistical administration of dispute settlement proceedings, in particular the organisation of hearings, unless otherwise agreed. However, the European Union shall bear the expenses derived from all organizational matters regarding consultations, mediation and arbitration, with the exception of the remuneration and the expenses to be paid to the mediators and arbitrators, which shall be shared.

               Notifications

                        3.

                        The Parties and the arbitration panel shall transmit any request, notice, written submission or other document by e-mail, with a copy submitted on the same day by facsimile transmission, registered post, courier, delivery against receipt, or any other means of telecommunication that provides a record of the sending thereof. Unless proven otherwise, a message sent by e-mail and by facsimile shall be deemed to be received on the same date of its sending.

                        4.

                        A Party shall provide an electronic copy of each of its written submissions to the other Party and to each of the arbitrators. A paper copy of the document shall also be provided.

                        5.

                        All notifications shall be addressed to the Foreign Ministry of Morocco and to the Directorate-General for Trade of the European Commission, respectively.

                        6.

                        Minor errors of a clerical nature in any request, notice, written submission or other document related to the arbitration panel proceeding may be corrected by delivery of a new document clearly indicating the changes.

                        7.

                        If the last day for delivery of a document falls on an official holiday or rest day of Morocco or of the Union, the document may be delivered on the next business day. The Parties shall exchange a list of dates of their official holidays and rest days on the first Monday of every December for the following year. No documents, notifications or requests of any kind shall be deemed to be received on an official holiday or rest day. Moreover, for the count of all time limits laid expressed in this Agreement in terms of working days, only the working days common to both parties shall be taken into account.

                        8.

                        Depending on the object of the provisions under dispute, all requests and notifications addressed to the sub-committee on industry, trade and services in accordance with this Agreement shall also be copied to the other relevant sub-committees established under the Association Agreement.

               Commencing the arbitration

                        9.

                                    (a)

                                    If pursuant to Article 6 of this Agreement or to rules 19, 20 or 49 of these Rules of Procedure members of the arbitration panel are selected by lot, representatives of both Parties shall be present when lots are drawn.

                                    (b)

                                    Unless the Parties agree otherwise, they shall meet the arbitration panel within seven working days of its establishment in order to determine such matters that the Parties or the arbitration panel deem appropriate, including the remuneration and expenses to be paid to the arbitrators, which will be in accordance with WTO standards. Members of the arbitration panel and representatives of the Parties may take part in this meeting via telephone or video conference.

                        10.

                                    (a)

                                    Unless the Parties agree otherwise, within five working days from the date of the selection of the arbitrators, the terms of reference of the arbitration panel shall be:
                                    ‘to examine, in the light of the relevant provisions of the agreements referred to in Article 2 of the Agreement on Dispute Settlement, the matter referred to in the request for establishment of the arbitration panel, to rule on the compatibility of the measure in question with the provisions referred to in Article 2 of the Agreement on Dispute Settlement and to make a ruling in accordance with Article 8 of the Agreement on Dispute Settlement.’

                                    (b)

                                    The Parties must notify the agreed terms of reference to the arbitration panel within five working days of their agreement.

               Initial submissions

                        11.

                        The complaining Party shall deliver its initial written submission no later than 20 days after the date of establishment of the arbitration panel. The Party complained against shall deliver its written counter-submission no later than 20 days after the date of delivery of the initial written submission.

               Working of arbitration panels

                        12.

                        The chairperson of the arbitration panel shall preside at all its meetings. An arbitration panel may delegate to the chairperson authority to make administrative and procedural decisions.

                        13.

                        Unless otherwise provided in this Agreement, the arbitration panel may conduct its activities by any means, including telephone, facsimile transmissions or computer links.

                        14.

                        Only arbitrators may take part in the deliberations of the arbitration panel, but the arbitration panel may permit its assistants to be present at its deliberations.

                        15.

                        The drafting of any ruling shall remain the exclusive responsibility of the arbitration panel and must not be delegated.

                        16.

                        Where a procedural question arises that is not covered by the provisions of this Agreement and its Annexes, the arbitration panel, after consulting the Parties, may adopt an appropriate procedure that is compatible with those provisions.

                        17.

                        When the arbitration panel considers that there is a need to modify any time limit applicable in the proceedings or to make any other procedural or administrative adjustment, it shall inform the Parties in writing of the reasons for the change or adjustment and of the period or adjustment needed. The arbitration panel may adopt such change or modification after consulting the Parties. The time limits of Article 8 paragraph 2 of this Agreement shall not be modified.

               Replacement

                        18.

                        If an arbitrator is unable to participate in the proceeding, withdraws, or must be replaced, a replacement shall be selected in accordance with Article 6(3).

                        19.

                        Where a Party considers that an arbitrator does not comply with the requirements of the Code of Conduct and for this reason should be replaced, this Party should notify the other Party within 15 days from the time at which it came to know of the circumstances underlying the arbitrator’s material violation of the Code of Conduct.
                        Where a Party considers that an arbitrator other than the chairperson does not comply with the requirements of the Code of Conduct, the Parties shall consult and, if they so agree, replace the arbitrator and select a replacement following the procedure set out in Article 6(3) of this Agreement.
                        If the Parties fail to agree on the need to replace an arbitrator, any Party may request that such matter be referred to the chairperson of the arbitration panel, whose decision shall be final.
                        If the chairperson finds that an arbitrator does not comply with the requirements of the Code of Conduct, she or he shall select a new arbitrator by lot among the pool of individuals referred to under Article 19(1) of this Agreement of which the original arbitrator was a Member. If the original arbitrator was chosen by the Parties pursuant to Article 6(2) of this Agreement, the replacement shall be selected by lot among the pools of individuals that have been proposed by the complaining Party and by the Party complained against under Article 19(1) of this Agreement. The selection of the new arbitrator shall be done within five working days of the date of the submission of the request to the chairperson of the arbitration panel.

                        20.

                        Where a Party considers that the chairperson of the arbitration panel does not comply with the requirements of the Code of Conduct, the Parties shall consult and, if they so agree, replace the chairperson and select a replacement following the procedure set out in Article 6(3) of this Agreement.
                        If the Parties fail to agree on the need to replace the chairperson, any Party may request that such matter be referred to one of the remaining members of the pool of individuals selected to act as chairpersons under Article 19(1) of this Agreement. Her or his name shall be drawn by lot by the chairpersons of the subcommittee ‘industry, trade and services’, or the chairpersons’ delegate. The decision by this person on the need to replace the chairperson shall be final.
                        If this person decides that the original chairperson does not comply with the requirements of the Code of Conduct, she or he shall select a new chairperson by lot among the remaining pool of individuals referred to under Article 19(1) of this Agreement who may act as chairpersons. This selection of the new chairperson shall be done within five working days of the date of the submission of the request referred to in this paragraph.

                        21.

                        The arbitration panel proceedings shall be suspended for the period taken to carry out the procedures provided for in rules 18, 19 and 20.

               Hearings

                        22.

                        The chairperson shall fix the date and time of the hearing in consultation with the Parties and the other members of the arbitration panel, and confirm this in writing to the Parties. This information shall also be made publicly available by the Party in charge of the logistical administration of the proceedings if the hearing is open to the public. Unless a Party disagrees, the arbitration panel may decide not to convene a hearing.

                        23.

                        Unless the Parties agree otherwise, the hearing shall be held in Brussels if the complaining Party is Morocco, and in Rabat if the complaining Party is the Union.

                        24.

                        The arbitration panel may convene one additional hearing only in exceptional circumstances. No additional hearing shall be convened for the procedures established under Articles 10(2), 11(2), 12(3) and 13(2) of this Agreement.

                        25.

                        All arbitrators shall be present during the entirety of any hearings.

                        26.

                        The following persons may attend the hearing, irrespective of whether the proceedings are open to the public or not:

                                    (a)

                                    representatives of the Parties;

                                    (b)

                                    advisers to the Parties;

                                    (c)

                                    administrative staff, interpreters, translators and court reporters; and

                                    (d)

                                    arbitrators’ assistants.

                              Only the representatives and advisers of the Parties may address the arbitration panel.

                        27.

                        No later than five working days before the date of a hearing, each Party shall deliver to the arbitration panel a list of the names of persons who will make oral arguments or presentations at the hearing on behalf of that Party and of other representatives or advisers who will be attending the hearing.

                        28.

                        The hearings of the arbitration panels shall be open to the public, unless the Parties decide otherwise. If the Parties decide that the hearing is closed to the public, part of the hearing may, however, be open to the public if the arbitration panel, on application by the Parties, so decides. However the arbitration panel shall meet in closed session when the submission and arguments of a Party contains confidential commercial information.

                        29.

                        The arbitration panel shall conduct the hearing in the following manner:

                                    Argument:

                                                (a)

                                                argument of the complaining Party;

                                                (b)

                                                argument of the Party complained against.

                                    Rebuttal Argument:

                                                (a)

                                                argument of the complaining Party;

                                                (b)

                                                counter-reply of the Party complained against.

                        30.

                        The arbitration panel may direct questions to either Party at any time during the hearing.

                        31.

                        The arbitration panel shall arrange for a transcript of each hearing to be prepared and delivered as soon as possible to the Parties.

                        32.

                        Each Party may deliver a supplementary written submission concerning any matter that arose during the hearing within 10 working days of the date of the hearing.

               Questions in writing

                        33.

                        The arbitration panel may at any time during the proceedings address questions in writing to one or both Parties. Each of the Parties shall receive a copy of any questions put by the arbitration panel.

                        34.

                        A Party shall also provide a copy of its written response to the arbitration panel’s questions to the other Party. Each Party shall be given the opportunity to provide written comments on the other Party’s reply within five working days of the date of receipt.

               Confidentiality

                        35.

                        The Parties shall maintain the confidentiality of the arbitration panel hearings where the hearings are held in closed session, in accordance with rule 28. Each Party shall treat as confidential any information submitted by the other Party to the arbitration panel which that Party has designated as confidential. Where a Party submits a confidential version of its written submissions to the arbitration panel, it shall also, upon request of the other Party, provide a non-confidential summary of the information contained in its submissions that could be disclosed to the public no later than 15 days after the date of either the request or the submission, whichever is later. Nothing in these rules shall preclude a Party from disclosing statements of its own positions to the public.

               Ex parte contacts

                        36.

                        The arbitration panel shall not meet or contact a Party in the absence of the other Party.

                        37.

                        No member of the arbitration panel may discuss any aspect of the subject matter of the proceedings with one Party or both Parties in the absence of the other arbitrators.

               Amicus curiae submissions

                        38.

                        Unless the Parties agree otherwise within 5 days of the date of the establishment of the arbitration panel, the arbitration panel may receive unsolicited written submissions, provided that they are made within 10 days of the date of the establishment of the arbitration panel, that they are concise and in no case longer than 15 typed pages, including any annexes, and that they are directly relevant to the factual issue under consideration by the arbitration panel.

                        39.

                        The submission shall contain a description of the person making the submission, whether natural or legal, including the nature of their activities and the source of its financing, and specify the nature of the interest that the person has in the arbitration proceeding. It shall be drafted in the languages chosen by the Parties in accordance with Rules 42 and 43 of these Rules of Procedure.

                        40.

                        The arbitration panel shall list in its ruling all the submissions it has received that conform to the above rules. The arbitration panel shall not be obliged to address in its ruling the arguments made in such submissions. Any submission obtained by the arbitration panel under this rule shall be submitted to the Parties for their comments.

               Urgent cases

                        41.

                        In cases of urgency referred to in this Agreement, the arbitration panel, after consulting the Parties, shall adjust the time limits referred to in these rules as appropriate and shall notify the Parties of such adjustments.

               Translation and interpretation

                        42.

                        During the consultations referred to in Article 6(2) of this Agreement, and no later than the meeting referred to in Rule 9(b) of these Rules of Procedure, the Parties shall endeavour to agree on a common working language for the proceedings before the arbitration panel.

                        43.

                        If the Parties are unable to agree on a common working language, each Party shall arrange for and bear the costs of the translation of its written submissions into the language chosen by the other Party

                        44.

                        The Party complained against shall arrange for the interpretation of oral submissions into the languages chosen by the Parties.

                        45.

                        Arbitration panel rulings shall be notified in the language or languages chosen by the Parties.

                        46.

                        Any Party may provide comments on any translated version of a document drawn up in accordance with these rules.

               Calculation of time limits

                        47.

                        Where, by reason of the application of rule 7 of these Rules of Procedure, a Party receives a document on a date other than the date on which this document is received by the other Party, any period of time that is calculated on the basis of the date of receipt of that document shall be calculated from the last date of receipt of that document.

               Other procedures

                        48.

                        These Rules of Procedure are also applicable to procedures established under Articles 10(2), 11(2), 12(3) and 13(2) of this Agreement. However, the time limits laid down in these Rules of Procedure shall be adjusted in line with the special time limits provided for the adoption of a ruling by the arbitration panel in those other procedures.

                        49.

                        In the event of the original panel, or some of its members, being unable to reconvene for the procedures established under Articles 10(2), 11(2), 12(3) and 13(2) of this Agreement, the procedures set out in Article 6 of this Agreement shall apply. The time limit for the notification of the ruling shall be extended by 15 days.

            ANNEX II

               CODE OF CONDUCT FOR MEMBERS OF ARBITRATION PANELS AND MEDIATORS

               Definitions

                        1.

                        In this Code of Conduct:

                                    (a)

                                    ‘member’ or ‘arbitrator’ means a member of an arbitration panel effectively established under Article 6 of this Agreement;

                                    (b)

                                    ‘mediator’ means a person who conducts a mediation in accordance with Article 4 of this Agreement;

                                    (c)

                                    ‘candidate’ means an individual whose name is on the list of arbitrators referred to in Article 19 of this Agreement and who is under consideration for selection as a member of an arbitration panel under Article 6 of this Agreement;

                                    (d)

                                    ‘assistant’ means a person who, under the terms of appointment of a member, conducts, researches or provides assistance to the member;

                                    (e)

                                    ‘proceeding’, unless otherwise specified, means an arbitration panel proceeding under this Agreement;

                                    (f)

                                    ‘staff’, in respect of a member, means persons under the direction and control of the member, other than assistants.

               Responsibilities to the process

                        2.

                        Every candidate and member shall avoid impropriety and the appearance of impropriety, shall be independent and impartial, shall avoid direct and indirect conflicts of interests and shall observe high standards of conduct so that the integrity and impartiality of the dispute settlement mechanism is preserved. Former members must comply with the obligations established in paragraphs 15, 16, 17 and 18 of this Code of Conduct.

               Disclosure obligations

                        3.

                        Prior to confirmation of her or his selection as a member of the arbitration panel under this Agreement, a candidate shall disclose any interest, relationship or matter that is likely to affect his or her independence or impartiality or that might reasonably create an appearance of impropriety or bias in the proceeding. To this end, a candidate shall make all reasonable efforts to become aware of any such interests, relationships and matters.

                        4.

                        A candidate or member shall only communicate matters concerning actual or potential violations of this Code of Conduct to the subcommittee ‘industry, trade and services’ for consideration by the Parties.

                        5.

                        Once selected, a member shall continue to make all reasonable efforts to become aware of any interests, relationships or matters referred to in paragraph 3 of this Code of Conduct and shall disclose them. The disclosure obligation is a continuing duty which requires a member to disclose any such interests, relationships or matters that may arise during any stage of the proceeding. The member shall disclose such interests, relationships or matters by informing the subcommittee ‘industry, trade and services’, in writing, for consideration by the Parties.

               Duties of members

                        6.

                        Upon selection a member shall perform her or his duties thoroughly and expeditiously throughout the course of the proceeding, and with fairness and diligence.

                        7.

                        A member shall consider only those issues raised in the proceeding and necessary for a ruling and shall not delegate this duty to any other person.

                        8.

                        A member shall take all appropriate steps to ensure that his or her assistant and staff are aware of, and comply with, paragraphs 2, 3, 4, 5, 16, 17 and 18 of this Code of Conduct.

                        9.

                        A member shall not engage in ex parte contacts concerning the proceeding.

               Independence and impartiality of members

                        10.

                        A member must be independent and impartial and avoid creating an appearance of impropriety or bias and shall not be influenced by self-interest, outside pressure, political considerations, public clamour, and loyalty to a Party or fear of criticism.

                        11.

                        A member shall not, directly or indirectly, incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of her or his duties.

                        12.

                        A member may not use her or his position on the arbitration panel to advance any personal or private interests and shall avoid actions that may create the impression that others are in a special position to influence her or him.

                        13.

                        A member may not allow financial, business, professional, family or social relationships or responsibilities to influence her or his conduct or judgement.

                        14.

                        A member must avoid entering into any relationship or acquiring any financial interest that is likely to affect her or his impartiality or that might reasonably create an appearance of impropriety or bias.

               Obligations of former members

                        15.

                        All former members must avoid actions that may create the appearance that they were biased in carrying out their duties or derived advantage from the decision or ruling of the arbitration panel.

               Confidentiality

                        16.

                        No member or former member shall at any time disclose or use any non-public information concerning a proceeding or acquired during a proceeding except for the purposes of that proceeding and shall not, in any case, disclose or use any such information to gain personal advantage or advantage for others or to adversely affect the interest of others.

                        17.

                        A member shall not disclose an arbitration panel ruling or parts thereof prior to its publication in accordance with this Agreement.

                        18.

                        A member or former member shall not at any time disclose the deliberations of an arbitration panel, or any member’s view.

               Expenses

                        19.

                        Each member shall keep a record and render a final account of the time devoted to the procedure and of her or his expenses.

               Mediators

                        20.

                        The disciplines described in this Code of Conduct as applying to members or former members shall apply, mutatis mutandis, to mediators.


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31993D0741

93/741/EC: Council Decision of 13 December 1993 on the conclusion of an Agreement in the form of an exchange of letters between the European Economic Community and the Kingdom of Sweden concerning fisheries

Official Journal L 346 , 31/12/1993 P. 0030 - 0030

COUNCIL DECISION of 13 December 1993 on the conclusion of an Agreement in the form of an exchange of letters between the European Economic Community and the Kingdom of Sweden concerning fisheries (93/741/EC)THE COUNCIL OF THE EUROPEAN  UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 43 in conjunction with Article 228 (3), first subparagraph thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas in the framework of the negotiations on the European Economic Area (EEA) it has been possible to negotiate an Agreement in the form of an exchange of letters between the European Economic Community and the Kingdom of Sweden concerning fisheries;   Whereas this Agreement is part of the overall balance of the results of the EEA negotiations and an essential element for the approval by the Community of the EEA Agreement;  Whereas this Agreement should be approved,  HAS DECIDED AS FOLLOWS:   Article 1  The Agreement in the form of an exchange of letters between the European Economic Community and the Kingdom of Sweden on fisheries is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.   Article 2  The President of the Council shall give the notification of the approval of the Agreement by the Community.  Done at Brussels, 13 December 1993.  For the Council The President Ph. MAYSTADT  (1) OJ No C 305, 23. 11. 1992, p. 64.


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31988D0354

88/354/EEC: Council Decision of 7 June 1988 accepting, on behalf of the Community, the recommendation of the Customs Cooperation Council of 13 June 1985 on the temporary admission of radio and television production and broadcasting equipment

Official Journal L 161 , 28/06/1988 P. 0001 - 0002 Finnish special edition: Chapter 2 Volume 6 P. 0095  Swedish special edition: Chapter 2 Volume 6 P. 0095

COUNCIL DECISION of 7 June 1988 accepting, on behalf of the Community, the recommendation of the Customs Cooperation Council of 13 June 1985 on the temporary admission of radio and television production and broadcasting equipment (88/354/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 28, 113 and 235 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas the recommendation on the temporary admission of radio and television production and broadcasting equipment was adopted by the Customs Cooperation Council on 13 June 1985; whereas it is necessary for the Community to adopt a position with regard  to it;  Whereas the said recommendation may be accepted by the Community with immediate effect;  Whereas the first measure called for by the recommendation can be implemented pursuant to the existing Community provisions on temporary importation arrangements, namely the third indent of Article 13 (1) and Annex I to Commission Regulation (EEC) No  1751/84 of 13 June 1984 laying down certain provisions for the application of Council Regulation (EEC) No 3599/82 on temporary importation arrangements (2), as amended by Regulation (EEC) No 3813/85 (3), Articles 2, 3 (4) and 12 of Council Directive 85/362/EEC of 16 July 1985 on the  harmonization of the laws of the Member States relating to turnover taxes-Exemption from value added tax on the temporary importation of goods other than means of transport (4), and Article 4 of Council Directive 83/182/EEC of 28 March 1983 on tax  exemptions within the Community for certain means of transport temporarily imported into one Member State from another (5);  Whereas the second and third measures called for by the recommendation could require particular implementing arrangements, to be specified by the Member States,  HAS DECIDED AS FOLLOWS:    Article 1 The recommendation of the Customs Cooperation Council of 13 June 1985 on the temporary admission of radio and television production and broadcasting equipment is hereby accepted on behalf of the Community with immediate effect, subject to the  conditions of application set out in Annex I.  The text of the recommendation is set out in Annex II.  Article 2 The President of the Council shall designate the person empowered to notify the General-Secretariat of the Customs Cooperation Council of the acceptance of the recommendation by the Community, with immediate effect, subject to the conditions of application referred to in Article 1.   Done at Luxembourg, 7 June 1988.  For the Council The President M. BANGEMANN  (1) OJ No C 167, 27. 8. 1968. (2) OJ L 171, 29. 6. 1984, p. 1. (3) OJ L 368, 31. 12. 1985, p. 7. (4) OJ L 192, 24. 7. 1985, p. 20. (5) OJ L 105, 23. 4. 1983, p. 59.   ANNEX I   CONDITIONS OF APPLICATION  Community legislation covers only some of the matters dealt with by the recommendation.  For matters not covered by Community legislation, Member States shall provide information on any implementing arrangements of their own, until Community rules are introduced.    ANNEX II   RECOMMENDATION OF THE CUSTOMS COOPERATION COUNCIL of 13 June 1985 on the temporary admission of radio and television production and broadcasting equipment  THE CUSTOMS COOPERATION COUNCIL,  considering that, in general, temporary admission facilities are granted to radio and television production and broadcasting equipment,  having regard to the Customs Convention on the temporary importation of professional equipment (8 June 1961),  having regard to the Customs Convention on the ATA carnet for the temporary admission of goods (6 December 1961),  having regard to the recommendation of the Council concerning the use of temporary importation papers in respect of radio and television vans (1 December 1955),  having regard to the recommendation of the Council on the temporary admission of radio and television vans (9 June 1977),  desiring to simplify customs formalities with a view to facilitating the admission of this equipment and the vehicles carrying it,  recommends that members and customs or economic unions should require from approved public and private bodies or their agents neither temporary admission documents nor security for the temporary admission of radio and television production and broadcasting equipment, including radio or television vans, and that for the purposes of customs control they should be content with the production in duplicate of a list or  detailed inventory of such equipment,  recommends that, wherever possible, members and customs or economic unions should require neither temporary admission documents nor security in respect of touring vehicles where these are used to transport such radio and television production and  broadcasting equipment,  recommends that members and customs or economic unions should allow such equipment and vehicles to cross their frontiers outside the normal business hours of customs offices in respect of commercial traffic, including on Sundays and public holidays,  against payment for special services, where applicable,  requests States, whether or not members of the Council, and customs or economic unions which accept this recommendation, to notify the Secretary-General of their acceptance, of the date from which they will apply the recommendation, and of the  conditions of its application. The Secretary-General will transmit this information to the customs administrations of all members. He will also transmit it to any customs administrations of non-members or any customs or economic unions which have  accepted this recommendation.


title: 2009/45/EC: Decision of the European Parliament and of the Council of 18 December 2008 on mobilisation of the Flexibility Instrument in accordance with point 27 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management

text:
               23.1.2009

               EN

               Official Journal of the European Union

               L 19/49

      DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 18 December 2008
   on mobilisation of the Flexibility Instrument in accordance with point 27 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management
   (2009/45/EC)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular the fifth paragraph of point 27 thereof,
   Having regard to the proposal from the Commission,
   Whereas, at the conciliation meeting on 21 November 2008, the two arms of the budgetary authority agreed to mobilise the Flexibility Instrument to complement the financing in the 2009 budget, beyond the ceilings of heading 4, of EUR 420 million towards the financing of the facility for a rapid response to soaring food prices in developing countries,
   HAVE DECIDED AS FOLLOWS:
   Article 1
   For the general budget of the European Union for the financial year 2009, the Flexibility Instrument shall be used to provide the sum of EUR 420 million in commitment appropriations.
   That amount shall be used to complement the financing of the facility for a rapid response to soaring food prices in developing countries in heading 4.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 18 December 2008.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         E. WOERTH

      (1)  OJ C 139, 14.6.2006, p. 1.


title: Council Decision of 15 December 2014 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training

text:
               30.12.2014

               EN

               Official Journal of the European Union

               C 466/4

         COUNCIL DECISION
   of 15 December 2014
   appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
   (2014/C 466/02)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),
   Having regard to the nomination submitted by the Latvian government,
   Whereas:

               (1)

               By its Decision of 16 July 2012 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2012 to 17 September 2015.

               (2)

               A member's seat is available for Latvia on the Governing Board of the Centre in the category of Government representatives as a result of the resignation of Ms Sanda LIEPINA.

               (3)

               The members of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2015,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following person is hereby appointed as a member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2015:
   GOVERNMENT REPRESENTATIVES:

               LATVIA

               Ms Inta ŠUSTA

      Done at Brussels, 15 December 2014.

            For the Council

            The President

         M. MARTINA

      (1)  OJ L 39, 13.2.1975, p. 1.

      (2)  OJ C 228, 31.7.2012, p. 3.


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31996D0116(01)

Council Decision of 22 December 1995 on monitoring the implementation of instruments already adopted concerning admission of third-country nationals

Official Journal C 011 , 16/01/1996 P. 0001 - 0001

COUNCIL  DECISIONof 22 December 1995on monitoring the implementation of instruments already adopted  concerning admission of third-country nationals(96/C  11/01)THE COUNCIL OF THE  EUROPEAN UNION, Having regard to Article K.3 (2) (a) of the Treaty on European Union, Having regard to the priority work programme adopted by the Council on 30 November 1993 in  Brussels, calling in particular for the preparation of an annual report on achievements in the  field of justice and home affairs, Whereas Article K.1 (3) (a) of the Treaty on European Union states that Member States shall regard  conditions of entry by nationals of third countries on the territory of Member States as a matter  of common interest; Whereas the instruments adopted by the Council concerning the admission of third-country nationals  express a common political will; Whereas monitoring of the implementation of the provisions contained in these instruments will  reveal the practical effect of the Council's work in this matter and provide useful lessons for its  future work; Whereas Member States consequently intend to agree on practical arrangements for such monitoring, HAS DECIDED AS FOLLOWS: Article 1 Preparation of a questionnaireEach year, the Presidency shall  forward to the Member States a questionnaire designed to show how they have implemented the  resolutions and acts already adopted by the Council concerning the admission of third-country  nationals. Article 2 Content of the questionnaireThe questionnaire shall refer to the following: - provisions adopted during the preceding year by the Member States in any of the areas referred to  by the instruments already adopted, - difficulties in adopting those provisions, - the possibility of any provision on those areas being adopted in the near future, - application in practice of the instruments, irrespective of the adoption of internal provisions  where appropriate. Article 3 Evaluation of the repliesA report on the application of the instruments referred to in  Article 1 shall be drawn up on the basis of the replies from the Member States and shall be  submitted to the Council. Article 4 ImplementationThe first questionnaire shall be sent to the Member States in the first  half of 1996. Done at Brussels, 22 December 1995. For the CouncilThe PresidentL. ATIENZA SERNA


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31986D0035

86/35/EEC: Commission Decision of 21 February 1986 accepting undertakings given in connection with the anti-dumping proceeding concerning imports of fibre building board from Finland and Sweden and terminating the investigation

Official Journal L 046 , 25/02/1986 P. 0023 - 0025

*****COMMISSION  DECISION  of 21 February 1986  accepting undertakings given in connection with the anti-dumping proceeding concerning imports of fibre building board from Finland and Sweden and terminating the investigation  (86/35/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2176/84 of 23 July 1984 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 the above Regulation,  Whereas,  A. Procedure  1. On 9 January 1985, the Commission reopened the anti-dumping proceeding concerning imports of fibre building board of wood originating in Finland and Sweden (2), because of the changes in the corporate structures of the exporting companies concerned as set out in the Commission's notice of reopening. The product concerned is fibrebuilding board, with the exception of medium board, falling within heading No ex 44.11 of the Common Customs Tariff and corresponding to NIMEXE code 44.11-10, 20, 91 and 99.  2. The Commission officially so advised the exporters and importers known to be concerned, the representatives of the exporting countries and the complainant and gave the parties directly concerned the opportunity to make known their views in writing and to request a hearing.  Some Community producers, the exporters concerned and some importers made their views known in writing. In addition, the Swedish exporter and the legal successor of two of the Finnish exporters concerned requested, and were granted, a hearing.  3. The Commission sought and verified all information it considered necessary and carried out investigations at the premises of the following:  EEC producers:  - GUTEX, H. Henselmann, GmbH & Co, Waldshut-Tiengen, Federal Republic of Germany,  - Hornitex Werke, Horn-Bad Meinberg, Federal Republic of Germany,  - Odenwald Faserplattenwerk GmbH, Amorbach, Federal Republic of Germany,  - Renitex GmbH, Losheim/Saar, Federal Republic of Germany,  - Isoroy SA, Lisieux, France,  - Unalit SA, Saint-Jean-de-Losne, France,  - Legnochimica SpA, Mondoví, Italy,  - Orsa SpA, Mondoví, Italy.  Exporters:  - Ahlstroem, Oy, Pihlava, Finland,  - Enso-Gutzeit Oy, Heinola, Finland,  - Suomen Kuitulevy Oy, Heinola, Finland,  - Wilh. Schauman Oy, Helsinki, Finland,  - Karlit AB, Karlholmsbruk, Sweden.  Importers:  - Wekapal GmbH, Bad Salzuflen Federal Republic of Germany.  The investigation of dumping covered the period from 1 January to 31 December 1984.  B. Normal value  4. (a) Sweden  The investigation to determine the existence of dumping has shown that the prices of hardboard, the only kind of fibre building board produced and exported by Karlit AB, sold by that company on its domestic market had, over an extended period of time and in respect of substantial quantities, been lower than the the cost of production. The normal value was therefore determined on the basis of the constructed value. To determine the constructed value, the Commission added the cost of production, including a reasonable amount for selling, administrative and other general expenses, and a reasonable margin of profit.  (b) Finland  For all Finnish exporters. normal values for both kinds of fibre building board here concerned, i.e. hardboard and insulating board, were established on the basis of domestic prices actually paid or payable in the ordinary course of trade for the like product, since these prices were shown to be profitable.  C. Export price  5. Export prices for all exporters concerned were determined on the basis of the prices actually paid or payable for the products sold for export to the Community.  6. The export prices of Karlit AB to the German importer and processor of hardboard which was associated with Karlit AB as of 1 January 1985 did not have to be constructed since the association did not yet exist during the investigation period. Nevertheless, the Commission sought and verified all relevant costs and prices of that importer in view of a possible renewed offer of an undertaking by Karlit AB which, in its terms, would have to take account of such association.  D. Comparison  7. In comparing normal value with export prices the Commission took account, where appropriate, of differences affecting price comparability, in particular quantity discounts and rebates, as well as conditions and terms of sale such as credit terms, transport, insurance, handling and salesman's salaries. Due allowance for such differences was made where claims in these areas could be satisfactorily demonstrated.  All comparisons were made at ex-works level and for each individual transaction.  E. Margins  8. The above examination of the facts shows the existence of dumping in respect of all exporters involved, the margin of dumping being equal to the amount by which the normal value as established exceeds the price for export to the Community.  9. These margins vary according to the exporter, the importing Member State and the type of fibre building board concerned, the weighted average margin for each of the exporters investigated being as follows:  Finland:  1.2 // - Ahlstroem Oy:   // 16,78 % for hardboard; 26,62 % for softboard   // - Enso-Gutzeit Oy:   // 11,5 % for hardboard; 12,12 % for softboard   // - Wilh. Schauman Oy:   // 11,14 % for hardboard; no exports of softboard   // Sweden:   //   // - Karlit AB:   // 5,4 % for hardboard, no exports of softboard  F. Injury  10. In 1982, after having carried out anti-dumping investigations concerning imports of fibre building board from various countries, the Commission, by Regulation (EEC) No 1633/82 (1) established that dumped imports of fibre building board, including dumped imports from Finland and Sweden, had caused injury to the Community industry concerned and that protective measures were necessary. Consequently, the Commission accepted the undertakings eliminating the injury which were offered by the exporters concerned in the present investigation.  11. While these undertakings have improved the position of the Community fibre building board industry, the situation of this industry is far from being satisfactory. It is still characterized by low capacity utilization, reduced profits and high import penetration. Consequently, the production of hardboard by the Community industry has declined from 520 200 tonnes in 1982 to 465 500 tonnes in 1984, with sales of this industry in the Community decreasing from 412 400 tonnes to 403 800 tonnes over the same period.  12. At the same time, the consumption of hardboard remained relatively stable so that there was a further decrease of the market share held by Community producers within the Community. Furthermore, three Community producers of fibre building board were forced to cease production since 1982 which resulted in a further loss of employment.  13. On the other hand, imports of hardboard from Finland into the Community went up from 38 146 tonnes in 1982 to 42 990 tonnes in 1984 which represents an increase in market share from 4,3 % to 4,8 %. Imports of that product from Sweden into the Community, in spite of decreasing from 118 337 tonnes in 1982 to 112 449 tonnes in 1984, only suffered a minor reduction in market share from 13,3 % to 12,6 % over that period.  14. There is no indication, therefore, that in the absence of protective measures, dumped imports of fibre building board from Finland and Sweden would not again cause material injury to the Community industry.  G. Community interest  15. In view of the serious difficulties still facing the Community industry, the Commission has come to the conclusion that it is in the Community's interest that action be taken, except in the case of Wilh. Schauman Oy, Helsinki, which ceased to produce and export hardboard at the end of 1985.  H. Undertakings  16. The exporters concerned were informed of the main findings of the investigation and commented on them. Undertakings were subsequently offered by Karlit AB, Sweden, concerning their exports of hardboard to the Commuity, and by Suomen Kuitulevy Oy, the legal successor of the fibre building board divisions of Ahlstroem Oy, Pihlava and Enso-Gutzeit Oy, Heinola, concerning their exports of fibre building board to the Community.  17. The effects of the said undertakings will be to ensure that export prices to the Community will be at a level sufficient to eliminate injury to the Community industry. Insofar as price increases are foreseen in these undertakings they, in no case, exceed the dumping margins found in the investigation. Moreover, it appears that correct operation of these undertakings can be effectively monitored, in particular since the Commission during its investigation did not observe any violations of the undertakings previously in force.  18. In these circumstances the undertakings offered are considered acceptable and the investigation may, therefore, be terminated without the imposition of anti-dumping duties.  19. No objection to this course was raised in the Advisory Committee.  HAS DECIDED AS FOLLOWS:  Article 1  The undertakings given by Suomen Kuitulevy Oy, Heinola, and Karlit AB, Karlholmsbruk, in connection with the anti-dumping investigation concerning imports of fibre building board, with the exception of medium board, falling within Common Customs Tariff heading ex 44.11, corresponding to NIMEXE codes 44.11-10, 20, 91 and 99 originating in Finland and Sweden, are hereby accepted.  Article 2  The anti-dumping investigation referred to in Article 1 is hereby terminated.  Done at Brussels, 21 February 1986.  For the Commission  Willy DE CLERCQ  Member of the Commission  (1) OJ No L 201, 30. 7. 1984, p. 1.  (2) OJ No C 6, 9. 1. 1985, p. 4.  (1) OJ No L 181, 25. 6. 1982, p. 19.


               19.5.2016

               EN

               Official Journal of the European Union

               C 181/96

         P7_TA(2013)0405
   Number and numerical strength of the interparliamentary delegations, delegations to joint parliamentary committees and delegations to parliamentary cooperation committees and multilateral Parliamentary Assemblies
   European Parliament decision of 9 October 2013 on the number and numerical strength of the interparliamentary delegations, delegations to joint parliamentary committees and delegations to parliamentary cooperation committees and multilateral Parliamentary Assemblies (2013/2853(RSO))
   (2016/C 181/19)

      The European Parliament,

               —

               having regard to the proposal by the Conference of Presidents,

               —

               having regard to its decisions of 6 May 2009 (1), 14 September 2009 (2), 15 June 2010 (3) and 14 December 2011 (4) on the number and numerical strength of the interparliamentary delegations, delegations to joint parliamentary committees and delegations to parliamentary cooperation committees and multilateral Parliamentary Assemblies,

               —

               having regard to Rule 198 of its Rules of Procedure,

               1.

               Decides that, following Croatia’s accession to the European Union, the Delegation to the EU–Croatia Joint Parliamentary Committee shall cease to exist;

               2.

               Decides to amend as follows the numerical strength of the following interparliamentary delegations:

                           Delegation for relations with Albania, Bosnia and Herzegovina, Serbia, Montenegro and Kosovo: 30 members

                           Delegation for relations with the Arab Peninsula: 19 members

                           Delegation for relations with the United States: 57 members

                           Delegation for relations with Canada: 21 members

                           Delegation for relations with the countries of Central America: 16 members

                           Delegation for relations with Japan: 26 members

                           Delegation for relations with the People’s Republic of China: 42 members

                           Delegation for relations with India: 29 members

                           Delegation for relations with the countries of Southeast Asia and the Association of Southeast Asian Nations (ASEAN): 25 members

                           Delegation for relations with Australia and New Zealand: 19 members

                           Delegation for relations with South Africa: 21 members;

               3.

               Instructs its President to forward this decision to the Council and the Commission, for information.

      (1)  OJ C 212 E, 5.8.2010, p. 136.

      (2)  OJ C 224 E, 19.8.2010, p. 36.

      (3)  OJ C 236 E, 12.8.2011, p. 159.

      (4)  OJ C 168 E, 14.6.2013, p. 132.


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31998D0449

98/449/EC: Council Decision of 29 June 1998 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Community and the Government of the Republic of Guinea concerning the provisional application of the Protocol establishing the fishing possibilities and the financial compensation provided for in the Agreement between the European Economic Community and the Government of the Revolutionary People's Republic of Guinea on fishing off the Guinean coast for the period 1 January 1998 to 31 December 1999

Official Journal L 196 , 14/07/1998 P. 0028 - 0030

COUNCIL DECISION of 29 June 1998 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Community and the Government of the Republic of Guinea concerning the provisional application of the Protocol establishing the fishing possibilities and the financial compensation provided for in the Agreement between the European Economic Community and the Government of the Revolutionary People's Republic of Guinea on fishing off the Guinean coast for the period 1 January 1998 to 31 December 1999 (98/449/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the Agreement between the European Economic Community and the Government of the Revolutionary People's Republic of Guinea on fishing off the Guinean coast (1), and in particular Article 15 thereof,Having regard to the proposal from the Commission,Whereas, in accordance with the second paragraph of Article 15 of the aforesaid Agreement, the Community and the Republic of Guinea have conducted negotiations to determine any amendments and additions to be made to the Agreement at the end of the period of application of the Protocol annexed thereto;Whereas, as a result of those negotiations, a new Protocol was initialled on 11 December 1997;Whereas, under that Protocol, Community fishermen enjoy fishing possibilities in the waters under the sovereignty or jurisdiction of the Republic of Guinea for the period 1 January 1998 to 31 December 1999;Whereas, in order to avoid any interruption in the fishing activities of Community vessels, it is essential that the new Protocol be applied as soon as possible; whereas the two parties have accordingly initialled an Agreement in the form of an Exchange of Letters providing for the initialled Protocol to apply provisionally from the day following that on which the Protocol currently in force expires;Whereas the Agreement in the form of an Exchange of Letters should be approved, pending a final decision taken under Article 43 of the Treaty;Whereas the fishing possibilities should be apportioned among the Member States on the basis of the traditional allocation of fishing possibilities under the fisheries Agreement,HAS DECIDED AS FOLLOWS:Article 1 The Agreement in the form of an Exchange of Letters between the European Community and the Government of the Republic of Guinea concerning the provisional application of the Protocol establishing the fishing possibilities and the financial compensation provided for in the Agreement between the European Economic Community and the Government of the Revolutionary People's Republic of Guinea on fishing off the Guinean coast for the period 1 January 1998 to 31 December 1999 is hereby approved on behalf of the Community.The texts of the Agreement in the form of an Exchange of Letters and of the Protocol are attached to this Decision.Article 2 The fishing possibilities laid down in the Protocol shall be allocated, in gross registered tonnage (GRT) or number of vessels, among the Member States as follows:(a) cephalopods/fin-fish:>TABLE>(b) shrimps:>TABLE>(c) tuna seiners:>TABLE>(d) pole-and-line tuna vessels:>TABLE>(e) surface longliners:>TABLE>If licence applications from those Member States do not exhaust the fishing possibilities established in the Protocol, the Commission may consider licence applications from any other Member State.Article 3 The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.Article 4 This Decision shall be published in the Official Journal of the European Communities.Done at Luxembourg, 29 June 1998.For the CouncilThe PresidentR. COOK(1) OJ L 111, 27. 4. 1983, p. 1.


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31990D0139

90/139/Euratom, ECSC, EEC: Council Decision of 12 March 1990 renewing the term of office of the Secretary- General of the Council of the European Communities

Official Journal L 078 , 24/03/1990 P. 0021 - 0021

*****COUNCIL  DECISION  of 12 March 1990  renewing the term of office of the Secretary-General of the Council of the European Communities  (90/139/Euratom, ECSC, EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities and in particular Article 5 thereof,  Having regard to the Rules of Procedure of the Council and in particular Article 17 (1) thereof,  Having regard to the Council Decision of 26 September 1980 appointing the Secretary-General of the Council of the European Communities,  Having regard to the Council Decision of 10 June 1985 renewing the term of office of the Secretary-General of the Council of the European Communities,  Whereas the term of office of the Secretary-General of the Council of the European Communities expires on 7 October 1990 and it is appropriate that the term of office be renewed,  HAS DECIDED AS FOLLOWS:  Article 1  The term of office of Mr Niels Ersboell as Secretary-General of the Council of the European Communities is hereby renewed as from 8 October 1990 until 30 June 1994.  Article 2  The abovementioned Decision of 26 September 1980 is hereby amended to the extent that it runs counter to this Decision.  Article 3  This Decision shall be notified to Mr Ersboell by the President of the Council.  This Decision shall also be published in the Official Journal of the European Communities.  Done at Brussels, 12 March 1990.  For the Council  The President  A. REYNOLDS


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32000D0778

2000/778/EC: Council Decision of 20 November 2000 on the conclusion of an Exchange of Letters between the European Community and the Former Yugoslav Republic of Macedonia concerning the suspension of Title II on trade and trade-related provisions of the Cooperation Agreement between the European Community and the Former Yugoslav Republic of Macedonia

Official Journal L 309 , 09/12/2000 P. 0029 - 0029

Council Decisionof 20 November 2000on the conclusion of an Exchange of Letters between the European Community and the Former Yugoslav Republic of Macedonia concerning the suspension of Title II on trade and trade-related provisions of the Cooperation Agreement between the European Community and the Former Yugoslav Republic of Macedonia(2000/778/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with Article 300(2), second subparagraph thereof,Having regard to the proposal from the Commission,Whereas:(1) A Cooperation Agreement between the European Community and the Former Yugoslav Republic of Macedonia(1) was signed by way of an Exchange of Letters on 29 April 1997, and entered into force on 1 January 1998.(2) Council Regulation (EC) No 2007/2000 of 18 September 2000 introducing exceptional trade measures for countries and territories participating in or linked to the European Union's stabilisation and association process(2) does not apply to imports into the Community of products originating in the Former Yugoslav Republic of Macedonia with the exception of wine imports.(3) By Council Regulation (EC) No 2563/2000(3) amending Regulation (EC) No 2007/2000 the equivalent of improved autonomous trade preferences under Regulation (EC) No 2007/2000 has been granted to the Former Yugoslav Republic of Macedonia, with the exception of concessions for wine.(4) The trade provisions and related Annexes to the Cooperation Agreement therefore need to be suspended in order to apply to the Former Yugoslav Republic of Macedonia the improved autonomous trade preferences under Regulation (EC) No 2007/2000,HAS DECIDED AS FOLLOWS:Article 1The Exchange of Letters between the European Community and the Former Yugoslav Republic of Macedonia concerning the suspension of Title II on trade and trade-related provisions of the Cooperation Agreement between the European Community and the Former Yugoslav Republic of Macedonia is hereby approved on behalf of the European Community.The suspension shall apply from the date of application of Council Regulation (EC) No 2563/2000 amending Regulation (EC) No 2007/2000.The text of the Exchange of Letters is attached hereto.Article 2The President of the Council is authorised to designate the persons empowered to sign the Exchange of Letters in order to bind the Community.Article 3This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 20 November 2000.For the CouncilThe PresidentH. Védrine(1) OJ L 348, 18.12.1997, p. 2.(2) OJ L 240, 23.9.2000, p. 1.(3) OJ L 295, 23.11.2000, p. 1.


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31988D0405

88/405/EEC: Council Decision of 18 July 1988 concerning the conclusion of a Cooperation Agreement between the European Economic Community and the Swiss Confederation on research and development in the field of advanced materials (Euram)

Official Journal L 195 , 23/07/1988 P. 0079 - 0079

*****COUNCIL  DECISION  of 18 July 1988  concerning the conclusion of a Cooperation Agreement between the European Economic Community and the Swiss Confederation on research and development in the field of advanced materials (Euram)  (88/405/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas, by its Decision 86/235/EEC (2), the Council adopted a research programme on materials (raw materials and advanced materials), (1986 to 1989), which includes a subprogramme on advanced materials (Euram); whereas Article 6 of that Decision authorizes the Commission to negotiate agreements with third States, in particular those involved in European cooperation in the field of scientific and technical research (COST), with a view to associating them fully or partly with this programme;  Whereas, by its Decision 87/177/EEC (3), the Council approved on behalf of the European Economic Community the Framework Agreement for scientific and technical cooperation between the European Communities and, among others, the Swiss Confederation;  Whereas this Agreement should be approved;  Whereas the Treaty has not provided the necessary powers, other than those of Article 235,  HAS DECIDED AS FOLLOWS:  Article 1  The Cooperation Agreement between the European Economic Community and the Swiss Confederation on research and development in the field of advanced materials (Euram), is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2  The President of the Council shall give the notification provided for in Article 9 of the Agreement (4).  Done at Brussels, 18 July 1988.  For the Council  The President  Y. POTTAKIS  (1) OJ No C 167, 27. 6. 1988.  (2) OJ No L 159, 14. 6. 1986, p. 36.  (3) OJ No L 71, 14. 3. 1987, p. 29.  (4) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.