title: Request for waiver of the immunity of Massimo D'Alema #European Parliament decision of 18 November 2008 on the request for waiver of the immunity of Massimo D'Alema (2008/2298(IMM))

text:
               22.1.2010

               EN

               Official Journal of the European Union

               CE 16/77

         Request for waiver of the immunity of Massimo D'Alema
   P6_TA(2008)0538
   European Parliament decision of 18 November 2008 on the request for waiver of the immunity of Massimo D'Alema (2008/2298(IMM))
   (2010/C 16 E/20)

      The European Parliament,

               —

               having regard to the request for waiver of the immunity of Massimo D'Alema, forwarded by the Public Prosecution Service at the Court of Milan on 30 May 2008, and announced in plenary sitting on 16 June 2008,

               —

               having regard to Article 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

               —

               having regard to the judgments of 12 May 1964 and 10 July 1986 (1) of the Court of Justice of the European Communities,

               —

               having regard to Rules 6 and 7 of its Rules of Procedure,

               —

               having regard to the report of the Committee on Legal Affairs (A6-0422/2008),

         1.   Decides not to authorise the use of the telephone intercepts in question and not to waive the immunity of Massimo D'Alema;
   2.   Instructs its President to forward this decision, and the report of the committee responsible, immediately to the competent Italian authorities.

      (1)  Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195 and Case 149/85 Wybot v Faure and others [1986] ECR 2391.


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31996D0418(02)

Council Decision of 29 March 1996 on the replacement of certain members and alternate members of the European Social Fund Committee

Official Journal C 113 , 18/04/1996 P. 0002 - 0003

COUNCIL DECISIONof 29 March  1996on the replacement of certain members and alternate members of the European Social Fund  Committee(96/C  113/02)THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 4253/88 of 19 December 1988 laying down provisions for  implementing Regulation (EEC) No 2052/88 as regards coordination of the activities of the different  Structural Funds between themselves and with the operations of the European Investment Bank and the  other existing financial instruments  (1), and in particular Article 28, third paragraph, thereof, Having regard to the proposal from the Commission, Whereas the Council, acting on a proposal from the Commission, in a Decision of 23 October 1995   (2) appointed the members and alternate members of the European Social Fund Committee for the  period ending on 22 October 1998; Whereas three members' seats and two alternate members' seats, filled by government  representatives, have fallen vacant; Whereas one member's seat and one alternate member's seat, filled by employers' representatives,  have fallen vacant; Whereas members and alternate members of the European Social Fund Committee should be appointed to  fill the vacant seats, HAS DECIDED AS FOLLOWS: Article 1 The following are hereby appointed members and altenate members of  the European Social Fund Committee for the remainder of their current term of office, which runs  until 22 October 1998: I.  Government representatives(a)>TABLE>(b)>TABLE>II.  Employers'  representatives(a)>TABLE>(b)>TABLE>Article 2 This Decision shall be  published in the Official Journal of the European Communities. Done at Brussels, 29 March 1996. For the CouncilThe PresidentT. TREU(1) OJ No L 374, 31. 12. 1988, p. 1.  (2) OJ No C 296, 10. 11. 1995, p. 7.


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31993D0453

93/453/EEC: Council Decision of 22 July 1993 concerning the amendment of the Agreement between the European Economic Community, the Kingdom of Norway and the Kingdom of Sweden on civil aviation

Official Journal L 212 , 23/08/1993 P. 0017 - 0018

COUNCIL DECISION of 22 July 1993 concerning the amendment of the Agreement between the European Economic Community, the Kingdom of Norway and the Kingdom of Sweden on civil aviationTHE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 84 (2) thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament(1) ,  Whereas Council Decision 92/384/EEC of 22 June 1992 concerning the conclusion of an Agreement between the European Economic Community, the Kingdom of Norway and the Kingdom of Sweden on civil aviation(2)  established a uniform system of rules concerning  market access, airline capacity as well as price setting in the field of civil aviation;  Whereas, since the conclusion of the Agreement, new legislation in the field of civil aviation has been adopted in the Community; whereas Article 12 of the Agreement provides for the integration into the Agreement of amendments made to the legislation  of each Party;  Whereas, in these exceptional circumstances, it is appropriate to amend Article 19 of the Agreement to ensure that the objective of the Agreement, a uniform system of rules throughout the Community, Norway and Sweden, will be met also after the entry  into force of an Agreement between the Community and EFTA countries on the European Economic Area;  Whereas the Council decided in its meeting of 22 July 1993 that these amendments should be made and has authorized the Commission to conduct negotiations with Norway and Sweden with a view to making the necessary amendments;  Whereas the Commission has conducted the negotiations in coordination and close cooperation with the Member States throughout the negotiating process,  HAS DECIDED AS FOLLOWS:  Article 1  The decision of the Joint Committee established under Article 13 of the Agreement between the European Economic Community, the Kingdom of Norway and the Kingdom of Sweden on civil aviation to integrate into the said Agreement legislation  adopted in the Community after the negotiations of that Agreement is hereby approved on behalf of the Community.  The decision of the Joint Committee is attached to this Decision.  Article 2  The Agreement between the European Economic Community, the Kingdom of Norway and the Kingdom of Sweden to amend Article 19 (3) of the Agreement between the said parties on civil aviation is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 3  The President of the Council shall carry out the necessary formalities as provided for in Article 23 of the Agreement.  Article 4  This Decision shall enter into force on the day following its publication in the Official Journal of the European Communities.  Done at Brussels, 22 July 1993.  For the Council The President M. OFFECIERS-VAN DE WIELE (1) Opinion delivered on 16 July 1993 (not yet published in the Official Journal).  (2) OJ No L 200, 18. 7. 1992, p. 20.   DECISION OF THE JOINT COMMITTEE of 26 March 1993   I  Pursuant to Article 12 (3) of the Agreement between the European Economic Community, the Kingdom of Norway and the Kingdom of Sweden on civil aviation, the Joint Committee has decided that the following Regulations and Directive shall be integrated  into the Agreement and be added to the list in Annex I thereto.  21. (EEC) No 2407/92 Council Regulation of 23 July 1992 on licensing of air carriers.  Articles 1 to 18.  22. (EEC) No 2408/92 Council Regulation of 23 July 1992 on access for Community air carriers to intra-Community air routes.  Articles 1 to 15.  The list of category 1 airports set out in Annex I to the Regulation shall be supplemented as follows:  - Norway: Oslo airport system,  - Sweden: Stockholm airport system.  The list of airport systems set out in Annex II to the Regulation shall be supplemented as follows:  - Norway: Oslo - Fornebu/Gardermoen,  - Sweden: Stockholm - Arlanda/Bromma.  23. (EEC) No 2409/92 Council Regulation of 23 July 1992 on fares and rates for air carriers.  Articles 1 to 11.  24. (EEC) No 1284/91 Council Regulation of 14 May 1991 amending Regulation (EEC) No 3975/87 laying down the procedure for the application of the rules on competition to undertakings in the air transport sector.  Article 1.  Any reference to Articles 85 and 86 in this Regulation shall be understood to mean Article 4 or 5 of this Agreement respectively.  25. (EEC) No 2410/92 Council Regulation of 23 July 1992 amending Regulation (EEC) No 2975/87 laying down the procedure for the application of the rules on competition to undertakings in the air transport sector.  Article 1.  Any reference to Articles 85 and 86 in this Regulation shall be understood to mean Article 4 or 5 of this Agreement respectively.  26. (EEC) No 2411/92 Council Regulation of 23 July 1992 amending Regulation (EEC) No 3976/87 on the application of Article 85 (3) of the Treaty to certain categories of agreements and concerted practices in the air transport sector.  Article 1.  Any reference to Articles 85 and 86 in this Regulation shall be understood to mean Article 4 or 5 of this Agreement respectively.  27. (EEC) No 3922/91 Council Regulation of 16 December 1991 on the harmonization of technical requirements and administrative procedures in the field of civil aviation.  Articles 1 to 3, 5 to 11, 13.  28. 91/670/EEC Council Directive of 16 December 1991 on mutual acceptance of personnel licences for the exercise of functions in civil aviation.  Articles 1 to 7.  29. (EEC) No 95/93 Council Regulation of 18 January 1993 on common rules for the allocation of slots at Community airports.  Articles 1 to 13.  The territory of Svalbard shall be exempted from the application of the Regulations and Directive listed above.  II  In order to safeguard the proper functioning of the Agreement, the Joint Committee in accordance with Article 12 (3) recommends the Contracting Parties to amend the Agreement as set out in the Annex to the Decision.  III  Pursuant to Article 14 (3) of the Agreement, the Decision in I above is subject to approval or ratification by the Contracting Parties in accordance with their own procedures.  This Decision shall enter into force on 1 July 1993 or on the date on which the last instrument of ratification has been deposited in accordance with Article 23 (3) of the Agreement whichever date is the later.


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32002D0381

2002/381/CFSP: Council Decision of 21 May 2002 implementing Joint Action 1999/878/CFSP with a view to contributing to the European Union cooperation programme for non-proliferation and disarmament in the Russian Federation

Official Journal L 136 , 24/05/2002 P. 0001 - 0002

Council Decisionof 21 May 2002implementing Joint Action 1999/878/CFSP with a view to contributing to the European Union cooperation programme for non-proliferation and disarmament in the Russian Federation(2002/381/CFSP)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 23(2) thereof,Having regard to Council Joint Action 1999/878/CFSP of 17 December 1999 establishing a European Union cooperation programme for non-proliferation and disarmament in the Russian Federation(1), and in particular Article 3 thereof,Whereas:(1) This Decision is intended to implement Joint Action 1999/878/CFSP by making a financial contribution to the unit of experts under the European Union cooperation programme for non-proliferation and disarmament in the Russian Federation (hereinafter referred to as the "programme").(2) The Commission has agreed to be entrusted with the task of preparing the projects to be approved, as well as with supervising the proper implementation thereof.(3) On 17 December 1999 an amount of EUR 535000 was budgeted for the administrative costs of the unit of experts set up by Joint Action 1999/878/CFSP.(4) The continuation of the programme requires additional financing for 2002 and 2003.(5) The indication of amounts corresponding to this financing illustrates the will of the legislative authority and is subject to the availability of commitment appropriations during the respective budget year,HAS DECIDED AS FOLLOWS:Article 1The purpose of this Decision is to continue the financing of administrative costs of the unit of experts at the Commission until the date of expiry of the programme, in accordance with Article 3 of Joint Action 1999/878/CFSP.Article 21. The financial reference amount for the purposes referred to in Article 1 shall be EUR 645000.2. The management of the expenditure financed by the amount specified in paragraph 1 shall be subject to the procedures and rules of the Community applying to budget matters.Article 3Annex III to Joint Action 1999/878/CFSP shall be replaced by the text in the Annex hereto.Article 4The Commission shall report on the implementation of this Decision in accordance with Article 3(1) of Joint Action 1999/878/CFSP.Article 5This Decision shall take effect on the date of its adoption.This Decision shall expire on the date of expiry of Joint Action 1999/878/CFSP.Article 6This Decision shall be published in the Official Journal.Done at Brussels, 21 May 2002.For the CouncilThe PresidentR. de Miguel(1) OJ L 331, 23.12.1999, p. 11.ANNEX"ANNEX IIITerms of Reference for a unit of experts under the EU cooperation programme for non-proliferation and disarmament in the Russian FederationJoint Action 1999/878/CFSP entrusted the Commission to set up a unit of experts under, and for the duration of, the EU cooperation programme for non-proliferation and disarmament in the Russian Federation, which comprises a Policy and Project Coordination Section at the Commission in Brussels and a project assistance team based in Moscow, reporting to the Policy and Project Coordination Section in Brussels.Three experts for the Unit have been identified and appointed by the Commission. The decision was taken in close cooperation with Member States and the Secretary General/High Representative (SG/HR), on the basis of job descriptions and selection criteria drafted by the Commission. One expert is still to be recruited.Required experts' qualifications comprise the following elements:The Policy and Project Coordination Section in Brussels will comprise three EU experts and a Head of Section, who is seconded by the Commission. The Section is administratively supported by one secretary and one administrative assistant. The Moscow based project assistance team comprises one EU expert and one local secretary, who is still to be recruited.The Head of Section assumes overall responsibility for the implementation of the Joint Action. He maintains close relations with the Presidency of the Council of the European Union, and the Member States and the SG/HR, according to detailed rules to be agreed upon.Tasks related to policy and project coordination and development shall comprise inter alia the following:- support coordination of assistance projects and related policies at Community and Member State levels,- function as point of contact for international initiatives, supported by the Commission Joint Research Centre,- establish a database of projects funded by the EU and Member States,- establish and maintain a database on EU experts, broken down by policy areas,- establish a network of Member States' points of contact, supplementing the competent Council working groups as regards the implementation of the Joint Action and related activities,- prepare and submit quarterly progress reports,- co-organise the Non-Proliferation and Disarmament Cooperative Initiative (NDCI) Conference.Sectoral tasks cover inter alia the following:- drawing up a comprehensive sector report,- providing an in-depth analysis on sectoral core problems,- identifying projects to address core problems,- preparing projects to be submitted to the Council with a view to possible future funding under follow-up measures to the Joint Action,- finalising and implementing projects identified for funding, as appropriate, in close cooperation with the Moscow based project assistance team.Specific tasks of the Moscow based project assistance team comprise:- close cooperation with personnel working under EU-funded projects,- as appropriate, support for the elaboration of feasibility studies,- liaising with the local authorities and with the representatives of other contributing countries,- negotiating with the local authorities the administrative arrangements necessary for the implementation of the programme,- assisting Member States in identifying and implementing bilateral projects,- facilitating specialised technical assistance."


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31998D1028(01)

Council Decision of 12 October 1998 appointing members and alternate members of the European Social Fund Committee

Official Journal C 330 , 28/10/1998 P. 0001 - 0004

COUNCIL DECISION of 12 October 1998 appointing members and alternate members of the European Social Fund Committee (98/C 330/01)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 2052/88 of 24 June 1988 on the tasks of the Structural Funds and their effectiveness and on coordination of their activities between themselves and with the operations of the European Investment Bank and the other existing financial instruments (1), and in particular Article 17 thereof,Having regard to Council Regulation (EEC) No 4253/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (2), and in particular Article 28 thereof,Having regard to the proposal from the Commission,Having regard to the Council Decision of 23 October 1995 appointing members and alternate members of the European Social Fund Committee (3),Whereas the term of office of all the members and alternate members of the European Social Fund Committee expires on 22 October 1998;Whereas the members and alternate members of the European Social Fund Committee should be appointed for a period of three years,HAS DECIDED AS FOLLOWS:Sole Article The following are hereby appointed members and alternate members of the European Social Fund Committee for the period from 23 October 1998 to 22 October 2001:I. GOVERNMENT REPRESENTATIVES(a) >TABLE>(b) >TABLE>II. EMPLOYERS' REPRESENTATIVES(a) >TABLE>(b) >TABLE>III. WORKERS' REPRESENTATIVES(a) >TABLE>(b) >TABLE>Article 2 This Decision shall be published, for information, in the Official Journal of the European Communities.Done at Luxembourg, 12 October 1998.For the CouncilThe PresidentR. EDLINGER(1) OJ L 185, 15.7.1988, p. 9. Regulation as last amended by Regulation (EC) No 3193/94 (OJ L 337, 24.12.1994, p. 11).(2) OJ L 374, 31.12.1988, p. 1. Regulation as last amended by Regulation (EC) No 3193/94 (OJ L 337, 24.12.1994, p. 11).(3) OJ C 296, 10.11.1995, p. 7.


title: Council Decision (EU) 2017/192 of 8 November 2016 on the conclusion of a Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, regarding the participation of the Republic of Croatia as a Contracting Party, following its accession to the European Union

text:
               4.2.2017

               EN

               Official Journal of the European Union

               L 31/1

         COUNCIL DECISION (EU) 2017/192
   of 8 November 2016
   on the conclusion of a Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, regarding the participation of the Republic of Croatia as a Contracting Party, following its accession to the European Union
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 in conjunction with Article 218(6)(a) and the second subparagraph of Article 218(8) thereof,
   Having regard to the Act of Accession of the Republic of Croatia, and in particular Article 6(2) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament (1),
   Whereas:

               (1)

               In accordance with Council Decision 2014/122/EU (2), the Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons to take account of the accession of the Republic of Croatia to the European Union was signed on 4 March 2016, subject to its conclusion at a later date.

               (2)

               The Protocol should be concluded on behalf of the European Union and its Member States,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, regarding the Republic of Croatia's participation as a Contracting Party following its accession to the European Union (3) is hereby approved on behalf of the European Union and its Member States.
   Article 2
   The President of the Council shall designate the person empowered to proceed, on behalf of the European Union and its Member States, tothe notification provided for in Article 6 of the Protocol, in order to express the consent of the European Union and its Member States to be bound by the Protocol (4).
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 8 November 2016.

            For the Council

            The President

         P. KAŽIMÍR

      (1)  Consent given on 14 September 2016 (not yet published in the Official Journal).

      (2)  Council Decision 2014/122/EU of 11 February 2014 on the signing, on behalf of the European Union and its Member States, of a Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, regarding the participation of the Republic of Croatia as a Contracting Party, following its accession to the European Union (OJ L 69, 8.3.2014, p. 2).

      (3)  The text of the Protocol has been published in the Official Journal of the European Union (OJ L 31, 4.2.2017, p. 3).

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


title: 2005/707/EC: Decision of the European Parliament and of the Council of 7 September 2005 on the mobilisation of the flexibility instrument in favour of the rehabilitation and reconstruction assistance to tsunami affected countries according to point 24 of the Interinstitutional Agreement of 6 May 1999

text:
               14.10.2005

               EN

               Official Journal of the European Union

               L 269/23

      DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 7 September 2005
   on the mobilisation of the flexibility instrument in favour of the rehabilitation and reconstruction assistance to tsunami affected countries according to point 24 of the Interinstitutional Agreement of 6 May 1999
   (2005/707/EC)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (1), and in particular point 24 thereof,
   Having regard to the proposal from the Commission,
   Whereas:
   The Budget Authority has agreed to support the rehabilitation and reconstruction needs in the earthquake/tsunami affected countries (mainly Indonesia, Sri Lanka and the Maldives) for a total amount of EUR 350 million, of which EUR 170 million in 2005; part of the required response will be delivered by redefining indicative and not yet committed programmes for the region in agreement with the governments concerned (EUR 60 million), by recourse to the Rapid Reaction Mechanism (EUR 12 million) and by the mobilisation of the emergency reserve (EUR 70 million). Since the ceiling for heading 4 ‘External actions’ is already exceeded by EUR 100 million in 2005, and all possibilities for reallocating appropriations under this heading have been examined, EUR 15 million will be financed by an additional deployment of the flexibility instrument,
   HAVE DECIDED AS FOLLOWS:
   Article 1
   For the amending budget No 3/2005 to the general budget of the European Union for the financial year 2005, the flexibility instrument shall be used to provide the sum of EUR 15 000 000 in commitment appropriations.
   This amount shall be used for the financing of aid for rehabilitation and reconstruction of the earthquake/tsunami affected countries in Asia, covered by heading 4 ‘External actions’ of the financial perspective, under Article 19 10 04 ‘Rehabilitation and reconstruction operations in developing countries in Asia’ of the 2005 budget.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 7 September 2005.

            For the European Parliament

            The President

         J. BORRELL FONTELLES

            For the Council

            The President

         D. ALEXANDER

      (1)  OJ C 172, 18.6.1999, p. 1. Agreement amended by Decision 2003/429/EC of the European Parliament and of the Council (OJ L 147, 14.6.2003, p. 25).


title: Council Decision 2014/508/CFSP of 30 July 2014 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

text:
               30.7.2014

               EN

               Official Journal of the European Union

               L 226/23

         COUNCIL DECISION 2014/508/CFSP
   of 30 July 2014
   amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (1), and in particular Article 3(1) thereof,
   Whereas:

               (1)

               On 17 March 2014, the Council adopted Decision 2014/145/CFSP.

               (2)

               In view of the gravity of the situation in Ukraine, the Council considers that additional persons and entities should be added to the list of persons, entities and bodies subject to restrictive measures as set out in the Annex to Decision 2014/145/CFSP.

               (3)

               The Annex to Decision 2014/145/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   The persons and entities listed in the Annex to this Decision shall be added to the list set out in the Annex to Decision 2014/145/CFSP.
   Article 2
   This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

      Done at Brussels, 30 July 2014.

            For the Council

            The President

         S. GOZI

      (1)  OJ L 78, 17.3.2014, p. 16.

      ANNEX
      LIST OF PERSONS AND ENTITIES REFERRED TO IN ARTICLE 1
      Individuals

                  Name

                  Identifying information

                  Reasons

                  Date of listing

                  1.

                  Alexey Alexeyevich GROMOV

                  Born on 31.5.1960; in Zagorsk (Sergiev Posad)

                  As first Deputy Chief of Staff of the Presidential Administration, he is responsible for instructing Russian media outlets to take a line favourable with the separatists in Ukraine and the annexation of Crimea, therefore supporting the destabilisation of Eastern Ukraine and the annexation of Crimea.

                  30.7.2014

                  2.

                  Oksana TCHIGRINA
                  Оксана Чигрина

                  Spokesperson of the so called ‘government’ of the so called ‘Lugansk People's Republic’ who made declarations justifying inter alia the shooting down of a Ukrainian military airplane, the taking of hostages, fighting activities by the illegal armed groups, which have as a consequence undermined the territorial integrity, sovereignty and unity of Ukraine.

                  30.7.2014

                  3.

                  Boris LITVINOV
                  Борис Литвинов

                  As of 22 July, chairman of the so-called ‘Supreme Council’ of the so called ‘Donetsk People's Republic’ who was at the source of policies and the organisation of the illegal referendum leading to the proclamation of the so-called ‘Donetsk People's Republic’, which constituted a breach of the territorial integrity, sovereignty and unity of Ukraine.

                  30.7.2014

                  4.

                  Sergey ABISOV

                  Born on 27.11.1967

                  By accepting his appointment as so-called ‘Minister of Interior of the Republic of Crimea’ by the President of Russia (decree No. 301) on 5 May 2014 and by his actions as so-called ‘Minister of Interior’ he has undermined the territorial integrity, sovereignty and unity of Ukraine

                  30.7.2014

                  5

                  Arkady Romanovich ROTENBERG

                  Born on 15.12.1951 in Leningrad (St Petersburg)

                  Mr Rotenberg is a long-time acquaintance of President Putin and his former judo sparring partner.
                  He has developed his fortune during President Putin's tenure. He has been favoured by Russian decision-makers in the award of important contracts by the Russian State or by State-owned enterprises. His companies were notably awarded several highly lucrative contracts for the preparations of the Sochi Olympic Games.
                  He is a major shareholder of Giprotransmost, a company which has received a public procurement contract by a Russian State-owned Company to conduct the feasibility study of the construction of a bridge from Russia to the illegally annexed Autonomous Republic of Crimea, therefore consolidating its integration into the Russian Federation which in turn further undermines the territorial integrity of Ukraine.

                  30.7.2014

                  6.

                  Konstantin Valerevich MALOFEEV
                  Константин Валерьевич Малофеев

                  Born on 3.7.1974 in Puschino

                  Mr Malofeev is closely linked to Ukrainian separatists in Eastern Ulkraine and Crimea. He is a former employer of Mr Borodai, so-called Prime Minister of the so-called ‘Donetsk People's Republic’ and met with Mr Aksyonov, so-called Prime Minister of the so-called ‘Republic of Crimea’, during the period of the Crimean annexation process. The Ukrainian Government has opened a criminal investigation into his alleged material and financial support to separatists.
                  In addition, he gave a number of public statements supporting the annexation of Crimea and the incorporation of Ukraine into Russia and notably stated in June 2014 that ‘You can't incorporate the whole of Ukraine into Russia. The East (of Ukraine) maybe’.
                  Therefore Mr. Malofeev is acting in support of the destabilisation of Eastern Ukraine.

                  30.7.2014

                  7.

                  Yuriy Valentinovich KOVALCHUK
                  Юрий Валентинович Ковальчук

                  Born on 25.7.1951 in Leningrad (St Petersburg)

                  Mr Kovalchuk is a long-time acquaintance of President Putin. He is a co-founder of the so-called Ozero Dacha, a co-operative society bringing together an influential group of individuals around President Putin.
                  He is benefiting from his links with Russian decision-makers. He is the chairman and largest shareholder of Bank Rossiya, of which he owned around 38 % in 2013, and which is considered the personal bank of Senior Officials of the Russian Federation. Since the illegal annexation of Crimea, Bank Rossiya has opened branches across Crimea and Sevastopol, thereby consolidating their integration into the Russian Federation.
                  Furthermore, Bank Rossiya has important stakes in the National Media Group which in turn controls television stations which actively support the Russian government's policies of destabilisation of Ukraine.

                  30.7.2014

                  8.

                  Nikolay Terentievich SHAMALOV
                  Николай Терентьевич Шамалов

                  Born on 24.1.1950

                  Mr Shamalov is a long-time acquaintance of President Putin. He is a co-founder of the so-called Ozero Dacha, a co-operative society bringing together an influential group of individuals around President Putin.
                  He benefits from his links with Russian decision-makers. He is the second largest shareholder of Bank Rossiya, of which he owned around 10 % in 2013, and which is considered the personal bank of Senior Officials of the Russian Federation. Since the illegal annexation of Crimea, Bank Rossiya has opened branches across Crimea and Sevastopol, thereby consolidating their integration into the Russian Federation.
                  Furthermore, Bank Rossiya has important stakes in the National Media Group which in its turn controls television stations which actively support the Russian government's policies of destabilisation of Ukraine.

                  30.7.2014

      Entities

                  Name

                  Identifying information

                  Reasons

                  Date of listing

                  1.

                  JOINT-STOCK COMPANY CONCERN ALMAZ-ANTEY (a.k.a. ALMAZ-ANTEY CORP; a.k.a. ALMAZ-ANTEY DEFENSE CORPORATION; a.k.a. ALMAZ-ANTEY JSC;),

                  41 ul.Vereiskaya, Moscow 121471, Russia;
                  Website: almaz-antey.ru;
                  Email Address antey@almaz-antey.ru

                  Almaz-Antei is a Russian state-owned company. It manufactures anti-aircraft weaponry including surface-to-air missiles which it supplies to the Russian army. The Russian authorities have been providing heavy weaponry to separatists in Eastern Ukraine, contributing to the destabilization of Ukraine. These weapons are used by the separatists, including for shooting down airplanes. As a state-owned company, Almaz-Antei therefore contributes to the destabilization of Ukraine.

                  30.7.2014

                  2.

                  DOBROLET aka DOBROLYOT
                  Добролет/Добролёт

                  Airline code QD
                  International Highway, House 31, building 1, 141411 Moscow
                  141411, Москва г, Международное ш, дом 31, строение 1
                  Website: www.dobrolet.com

                  Dobrolet is a subsidiary of a Russian state-owned airline. Since the illegal annexation of Crimea Dobrolet has so far exclusively operated flights between Moscow and Simferopol. It therefore facilitates the integration of the illegally annexed Autonomous Republic of Crimea into the Russian Federation and undermines Ukrainian sovereignty and territorial integrity.

                  30.7.2014

                  3.

                  RUSSIAN NATIONAL COMMERCIAL BANK

                  License of the Central Bank of Russia No. 1354
                  Russian Federation, 127 030 Moscow, Krasnoproletarskaya street 9/5.

                  After the illegal annexation of Crimea, Russian National Commercial Bank (RNCB) became fully owned by the so-called ‘Republic of Crimea’. It has become the dominant player in the market, while it had no presence in Crimea before the annexation. By buying or taking over from branches of retreating banks operating in Crimea, RNCB supported materially and financially the actions of the Russian government to integrate Crimea into the Russian Federation, thus undermining Ukraine's territorial integrity.

                  30.7.2014


title: Decision (EU, Euratom) 2016/2160 of the European Parliament of 27 October 2016 on discharge in respect of the implementation of the budget of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2014

text:
               8.12.2016

               EN

               Official Journal of the European Union

               L 333/66

         DECISION (EU, Euratom) 2016/2160 OF THE EUROPEAN PARLIAMENT
   of 27 October 2016
   on discharge in respect of the implementation of the budget of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2014,

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2014, together with the Joint Undertaking's reply (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2014, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council's recommendation of 12 February 2016 on discharge to be given to the Joint Undertaking in respect of the implementation of the budget for the financial year 2014 (05587/2016 — C8-0052/2016),

               —

               having regard to its decision of 28 April 2016 (3) postponing the discharge decision for the financial year 2014, and the replies from the Director of the European Joint Undertaking for ITER and the Development of Fusion Energy,

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Article 106a of the Treaty establishing the European Atomic Energy Community,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 208 thereof,

               —

               having regard to Council Decision 2007/198/Euratom of 27 March 2007 establishing the European Joint Undertaking for ITER and the Development of Fusion Energy and conferring advantages upon it (5), and in particular Article 5(3) thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (6),

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (7),

               —

               having regard to Rule 94 of and Annex V to its Rules of Procedure,

               —

               having regard to the second report of the Committee on Budgetary Control (A8-0275/2016),

               1.

               Grants the Director of the European Joint Undertaking for ITER and the Development of Fusion Energy discharge in respect of the implementation of the Joint Undertaking's budget for the financial year 2014;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this decision and the resolution forming an integral part of it to the Director of the European Joint Undertaking for ITER and the Development of Fusion Energy, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 422, 17.12.2015, p. 33.

      (2)  OJ C 422, 17.12.2015, p. 34.

      (3)  OJ L 246, 14.9.2016, p. 438.

      (4)  OJ L 298, 26.10.2012, p. 1.

      (5)  OJ L 90, 30.3.2007, p. 58.

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

      (7)  OJ L 328, 7.12.2013, p. 42.


Avis juridique important

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31993D0424

93/424/EEC: Council Decision of 22 July 1993 on an action plan for the introduction of advanced television services in Europe

Official Journal L 196 , 05/08/1993 P. 0048 - 0054

COUNCIL DECISION of 22 July 1993 on an action plan for the introduction of advanced television services in Europe(93/424/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas the Community, through Decisions 89/337/EEC (4) and 89/630/EEC (5), recognized the strategic importance of high definition television (HDTV) for the European consumer electronics industry and for the European television and film industries and  established the strategy framework for the introduction of European HDTV;  Whereas the objectives of the strategy for the introduction of HDTV in Europe are an integral part of the Community audio-visual policy; whereas they must take into account other objectives of this policy within the perspective of the development of  Europe's audio-visual capacity, which comprise structural objectives such as the development of the independent production sector or the development of production in countries or regions with more limited audio-visual capacity;  Whereas the action plan should ensure that the whole territory of the Community is satisfactorily covered by advanced services;  Whereas financial incentives are initially required to ensure the accelerated development of the advanced television service market in conformity with the strategy indicated above, by contributing to the reduction of the additional start-up costs  involved;  Whereas the action plan should be solely directed at promoting the 16: 9 format (625 or 1 250 lines), irrespective of the European television standard used and irrespective of the broadcasting mode (terrestrial, satellite or cable);  Whereas the action plan should facilitate the uptake of all technologies, including fully digital technology;  Whereas it is appropriate to set targets for the impact of Community funding on the early market development of advanced television services;  Whereas a programme lasting four years is called for;  Whereas an amount of ECU 405 million is estimated as necessary to achieve the objective of the action plan;  Whereas the funding of this amount should come from Community funds and from other sources, with the Community contribution amounting to ECU 228 million;  Whereas those economic operators who co-finance the action plan shall be given due recognition under Community R&  D and standardization activities, always in accordance with the general rules for participation in these activities;  Whereas, in relation to the Community funding, it is necessary to hold in reserve an amount of ECU 68 million for the markets not being fully served in the early stages of the implementation of the action plan;  Whereas it is appropriate to specify certain basic principles which must underlie the implementation of the action plan, including criteria to be used in the selection of projects;  Whereas the Treaty does not provide, for the action concerned, powers other than those of Article 235,  HAS DECIDED AS FOLLOWS:  Article 1  An action plan to ensure the accelerated development of the market for advanced television services in the 16: 9 format and using 625 or 1 250 scanning lines is hereby adopted for a period beginning on the date on which this Decision is  adopted and ending on 30 June 1997.  The objectives which the action plan must achieve during the abovementioned period shall be as follows:  (i) a critical mass of advanced television services in the 16: 9 format;  (ii) a sufficient and increasing volume of programming in the 16: 9 format, with high technical quality both in picture and sound and of such a nature as to facilitate optimum audience ratings, such programming to the broadcast in the abovementioned  services.  Community funding, together with funds from other sources, will be directed toward the achievement of these objectives by means of financial incentives covering parts of the additional cost incurred by broadcasters and programme makers in the provision  of the abovementioned services.  The implementation procedures for the action plan are set out in the Annex, which forms an integral part of this Decision.  The action plan will contribute to market penetration by receiver equipment in the 16: 9 format. However, no funding will be devoted to support manufacturers of receiver equipment for consumers.  Article 2  1. The programme shall cover the period from the date on which this Decision is adopted to 30 June 1997.  2. The funds estimated to be required for the achievement of the objectives of the action plan amount to ECU 405 million.  3. This sum shall be made up of Community funds and of funds from other sources. The Community funding shall amount to ECU 228 million.  4. In relation to the Community funds, the budgetary authority shall determine the appropriations available for each financial year with reference to the principles of sound management referred to in Article 2 of the Financial Regulation applicable to  the general budget of the European Communities.  5. Within the indicated amount of Community funds referred to in paragraph 3, a quantity of ECU 68 million shall be placed in reserve and shall not be allocated before 1 January 1995. This amount should ensure implementation of the provisions of  paragraphs 5.2 (ii) and 5.4 of the Annex.  6. No Community funding shall be committed to a project until the level of financing from other sources required in paragraphs 5.1 (i), 5.3 and 5.4 of the Annex has been committed to that project.  7. Funds shall be available to facilitate the uptake of all the technologies mentioned in paragraph 5.1 (iv) of the Annex, including fully digital technology.  Article 3  1. The Commission shall be responsible for implementing the action plan. The Commission shall be assisted by a committee of an advisory nature composed of the representatives of the Member States and chaired by the representative of the  Commission.  2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter,  if necessary by taking a vote.  3. The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.  4. The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.  Article 4  1. Notwithstanding Article 3, the following procedure shall apply in implementing those points of the Annex that concern the breakdown of the relevant budgetary expenditure and the assessment of projects and actions provided for in the Annex  of a total value of above ECU 1 million, with the exception of those covered under Article 5.  2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter.  The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the  committee shall be weighted in the manner set out in that Article. The chairman shall not vote.  3. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.  4. If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a  qualified majority.  If, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.  Article 5  1. Notwithstanding Articles 3 and 4, the following procedure shall apply in implementing the review and possible revision of the figures contained in Tables I and II of paragraph 4 (vi) of the Annex.  2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter.  The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the  committee shall be weighted in the manner set out in that Article. The chairman shall not vote.  3. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.  4. If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a  qualified majority.  If, upon expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission, save where the Council has decided against the said measures by a simple majority.   Article 6  An annual report shall be submitted by the Commission to the European Parliament, the Council and the Economic and Social Committee, on progress in implementing the action plan and the allocation of Community funds.  A final report, in the same terms, will be submitted to the abovementioned institutions at the conclusion of the action plan.  Article 7  As television technologies and markets are developing rapidly, the Commission will keep these developments and related market changes under review and, where required, propose any necessary changes to the Council concerning the implementation  of this action plan.  Done at Brussels, 22 July 1993.  For the Council The President M. OFFECIERS-VAN DE WIELE (1) OJ No C 139, 2. 6. 1992, p. 4.  (2) OJ No C 337, 21. 12. 1992, p. 93.  (3) OJ No C 332, 16. 12. 1992, p. 39.  (4) OJ No L 142, 25. 5. 1989, p. 1.  (5) OJ No L 363, 13. 12. 1989, p. 30.    ANNEX   IMPLEMENTATION PROCEDURES FOR THE ACTION PLAN  1. OBJECTIVE In order to contribute to market penetration by receiver equipment in the 16: 9 format, the objective of the action plan is to ensure the accelerated development on the market for advanced television services in Europe in the 16: 9 format using 625 or  1250 scanning lines.  2. APPROACH ADOPTED Accelerated development of the market for advanced television services requires all the elements necessary to bring those services into consumers' or viewers' homes to be in place. Television is a complicated medium, encompassing and merging many  technical and creative functions, with both cultural and commerical outcomes. Its functions are controlled by different sectors within the audio-visual, telecommunications or electronics industries. Their endeavours form a service chain stretching from  origination to the receiver in the home.  The approach for accelerating the development of the market for advanced television services must therefore have a service focus.  3. TARGETS TO BE ACHIEVED In the context of the objective stated in paragraph 1, it is appropriate to set indicative targets for the impact of the Community funding which will be used to accelerate the market development, as follows:  the achievement during the life of the action plan of:  (i) a critical mass of advanced television services in the 16: 9 format;  (ii) a sufficient and increasing volume of programming in the 16: 9 format and with high technical quality both in picture and sound and of such a nature as to facilitate an optimum audience rating, such programming to be broadcast in the abovementioned  services.  4. THE FUNDING APPROACH TO BE ADOPTED (i) The action plan will fund part of the additional costs of introducing wide-screen television services. The necessary financial resources involved will be drawn from Community funds and from other sources including: own funds, national funds,  equipment makers, satellite operators and others with an interest in the business.  Before being eligible for Community funds, each project must secure a firm commitment of funds from one or more of the other sources indicated above. This prior commitment of funds will be seen as an essential validation of the value of the project. The  combined funding system is intented to ensure a market-oriented approach and the Community dimension simultaneously.  (ii) Funding will go to broadcasters providing wide-screen television services who satisfy the criteria set out in paragraph 5.1, and to programme producers who make programmes for such services according to the criteria set out in paragraph 5.3.  (iii) Depending on circumstances, the additional costs incurred by a broadcaster in providing a 16: 9 service, as against a 4: 3 service may have a variety of sources, such as: the capital costs associated with upgrading studios from 4: 3 to 16: 9; the  capital costs associated with broadcasting 16: 9 as against 4: 3 services; the current costs of making individual 16: 9 programmes over those for making 4: 3 programmes.  (iv) Notwithstanding the origin of additional costs of broadcasters, the mechanism for calculating the contribution from Community funds to broadcasters who provide widescreen services will be based on the number of hours per year the broadcast in the  16: 9 format.  (v) The Community contribution per hour to such services shall consist of two elements: one relating to the costs of broadcasting and the other to the costs of programme production.  Broadcasters will receive a flat rate payment towards the broadcasting cost of each hour of the 16: 9625 line or 1250 line HDTV service transmitted, in accordance with Table I in subparagraph (vi). In relation to programme making, the Community will  make a further flat rate payment towards programme production costs. This will vary by programme type, as set out in Table II in subparagraph (vi). Both broadcasters and independent producers will qualify for programme production payments, depending  upon which is the source of a particular programme.  (vi) The numbers in Tables I and II will be used for the first call for proposals referred to in paragraph 5. They will be reviewed and, if necessary, revised in the light of experience by the Commission according to the procedure provided for under  Article 5 of the Decision, including the desirability of funding 16/9 video studio production through support for the capital costs incurred.  TABLE I (*)   Broadcasting costs    /* Tables: see OJ */      TABLE II (*)   Programme making costs    /* Tables: see OJ */      category of programme indicated in Table II of subparagraph (vi).  (viii) In relation to programme making in 1 250 lines, the facilities of the EEIG Vision 1250, which in its earlier years has developed substantial experience in assisting broadcasters in 1250/50 production, will be made available for the purposes of  implementing the action plan. In addition, other such facilities may be used by broadcasters and producers.  5. PRINCIPLES AND CRITERIA FOR IMPLEMENTATION The Commission will implement the action plan through annual calls for proposals covering projects for services. These shall be organized on the basis of first a combined call for transmission (in accordance with the criteria set out in paragraphs 5.1  and 5.2) and programme production (in accordance with the criteria set out in paragraphs 5.2 and 5.3) followed by two further calls later within the 12 month period for programme production only. As an indicative figure, at least 50 % of the funds shall  be allocated to programme production. These calls for proposals will be organized and evaluated according to the procedure provided for under Article 3 or Article 4 of the Decision as appropriate.  Preference will be given for projects where the matching funds come from the economic actors.  5.1. Criteria relating to the quality of the project Each project must satisfy the following criteria:  (i) before being eligible for Community funds, it must have received a firm commitment of funds from other sources for 50 % of the costs falling within the scope of the action plan. At least 50 % of the non-Community funding must come from the economic  operators. Having met these requirements, the project would then become eligible for Community funding in respect of the remainder of such costs;  (ii) it must be submitted by a recognized service provider having a proven track record in the field of television service provision and having the necessary financial strength required for the new venture or by a group of organizations led by such a  service provider;  (iii) it must propose to provide a service involving at least 50 hours of broadcasting per year in the 16: 9 format and using 625 or 1 250 scanning lines;  (iv) it must be based on transmission systems of high quality featuring the 16: 9 format including, inter alia, MAC/HDMAC, further developments of existing European TV standards such as PALPLUS and fully digital technology standardized by the  appropriate European standards bodies;  (v) it must propose to provide a service targeted towards a sufficiently large market in order to contribute to the development of the broader market for advanced television services;  (vi) it must comply with Community competition rules.  In addition to the above, the following criteria, while not essential, would be an advantage:  (vii) the project proposes to provide a transfrontier and/or multilingual service;  (viii) it facilitates optimal audience ratings.  5.2. Criteria relating to spread and balance The set of projects funded under this action plan must satisfy the following criteria:  (i) it must show a fair spread of projects between the entities to avoid undue concentration or the creation of monopolies or cartels;  (ii) it must have a wide distribution across Member States' markets in order to ensure the Community dimension taking account of the specific situation of Member States with a low production capacity or whose language covers a limited area;  (iii) it must involve, to a reasonable degree, programme producers independent of the broadcasters participating in the projects.  5.3. Criteria for programme support Criteria for selection of projects under this procedure will be reviewed on an annual basis according to the procedure provided for under Article 4 of the Decision.  The Commission will inform the committee of the projects selected under this procedure.  Both in-house production by broadcasters and external production are within the scope of the action plan.  Community support for programme production and conversion will be closely linked to the 16: 9 services, but will be able to benefit the whole sector.  To qualify for Community support on a programme-by-programme basis, producers of new programmes, and rights holders of certain existing programmes exploitable in 16: 9 but requiring re-mastering, must have an agreement to broadcast from at least one of  the broadcasters based in the Community who undertakes to broadcast the programme in 16: 9. The technical quality of these programmes must be such as to allow their exploitation in 16: 9 format in standard also in the medium term.  Before being eligible for Community funding, the project must have received a firm commitment of the funds from other sources for 50 % of the costs falling within the scope of the action plan. At least 50 % of non-Community funding must come from the  economic operators. Having met these requirements, the project would then become eligible for Community funding in respect of the remainder of such costs.  Support will be based on the ceilings identified in Table II in paragraph 4 (vi).  (i) Criteria for supporting the technical upgrading of new long-life ('stock') programmes New programmes supported must be of sufficient technical quality and have an order for their effective transmission in 16: 9 from at least one of the broadcasters based in the Community. They must be of European origin.  Priority will be awarded for programmes produced by producers independent of the broadcasters.  (ii) Criteria for supporting the re-mastering of existing programmes The basic condition is that the first transmission is in 16: 9 in the framework of a service support under the action plan. Priority will be awarded to programmes of European origin.  (iii) The Commission may present proposals to the committee, which shall act according to the procedure provided for under Article 3 or Article 4 of the Decision as appropriate, for a common multilingual re-mastering scheme.  5.4. Timing considerations Sufficient Community funding will be held in reserve in order to ensure that Member States' markets that are not fully served in the early stages of the implementation of the action plan can be served towards the end of the period.  In order to serve these markets, a quantity of ECU 68 million is held in reserve for allocation after 1 January 1995. In this category, before being eligible for Community funds, the broadcaster and programme producer must have received a firm  commitment of funds from other sources for 20 % of the support falling within the scope of the action plan. The criteria set out in paragraphs 5.1 and 5.3, relating to the 50 % of the non-Community funding having to come from the economic operators,  shall not apply in this case.


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31998D0230

98/230/EC: Commission Decision of 20 March 1998 terminating the anti-dumping proceeding concerning imports of tungstic oxide and tungstic acid originating in the People's Republic of China

Official Journal L 087 , 21/03/1998 P. 0024 - 0031

COMMISSION DECISION of 20 March 1998 terminating the anti-dumping proceeding concerning imports of tungstic oxide and tungstic acid originating in the People's Republic of China (98/230/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1), as amended by Regulation (EC) No 2331/96 (2), and in particular Article 9(2) thereof,After consulting the Advisory Committee,Whereas:A. PREVIOUS PROCEDURE (1) By Regulation (EEC) No 2736/90 (3), the Council imposed a 35 % definitive anti-dumping duty on imports of tungstic oxide and tungstic acid originating in the People's Republic of China. By Decision 90/479/EEC (4), the Commission accepted undertakings given by two major Chinese exporters concerning the product subject to measures.(2) Following the withdrawal of the undertakings by the two exporters concerned, the Commission imposed, by Regulation (EC) No 2286/94 (5), provisional anti-dumping duties on the product concerned.(3) By Regulation (EC) No 610/95 (6), the Council amended Regulation (EEC) No 2736/90 and imposed a definitive duty of 35 % on imports of tungstic oxide and tungstic acid in respect of those two exporters.B. REVIEW INVESTIGATION (4) Following the publication in February 1995 of a notice of the impending expiry of the measures (7) in force, Eurométaux, representing the totality of Community producers of the product concerned, requested a review of the measures. The request contained evidence of dumping of the product originating in the People's Republic of China and of renewed material injury likely to result in the event of expiry of the existing measures. That evidence was considered sufficient to justify the opening of a review.(5) On 21 September 1995, the Commission announced by a notice published in the Official Journal of the European Communities (8), the initiation of a review of Regulation (EEC) No 2736/90. That review was initiated under Article 11(2) of Council Regulation (EC) No 3283/94 (9), which was replaced during the investigation by Regulation (EC) No 384/96 (hereinafter referred to as the 'Basic Regulation`).(6) The Commission officially advised the producers/exporters and importers known to be concerned, the representatives of the exporting country and the Community producers of the initiation of the review, and gave the parties directly concerned the opportunity to make known their views in writing and to request a hearing within the time-limit set in the above notice.(7) The Community producers, exporters/producers and some importers which were also users of the product concerned made their views known in writing and were granted a hearing.(8) The Commission sought and verified all information it deemed necessary for the purpose of the investigation and carried out verification visits at the premises of the following companies:(a) Community producers- Wolfram Bergbau und Hüttengesellschaft m.b.H., St Peter, Austria,- H. C. Starck GmbH & Co KG, Goslar, Germany,- Eurotungstène Poudres, Grenoble, France,(b) Importers/users in the Community- AB Sandvik Hard Materials, Sweden,- Seco Tools AB, Sweden,- Cerametal, Luxembourg,(c) Related importer- Minmetals North-Europe AB, Sweden,(d) Producer in the analogue country- Metek Metal Technology Ltd, Israel.(9) The dumping investigation covered the period from 1 October 1994 to 30 September 1995 (hereinafter referred to as the 'investigation period`). The examination of injury covered the period from 1991 up to the end of the investigation period.(10) The present review exceeded the period of one year within which it should normally have been concluded pursuant to Article 11(5) of the Basic Regulation, due to the complexity of the investigation, and in particular due to the difficulties in obtaining reliable data on an appropriate analogue country. Furthermore, two other investigations (10) concerning tungsten products, namely tungsten ores and concentrates, on the one hand, and tungsten carbide and fused carbide, on the other, were initiated at the same time as the present review and had to be carried out in parallel given the links between these products in the tungsten production chain. Finally, further developments in relation to the tungsten market were presented at a late stage of the investigation.C. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT 1. Product under consideration (11) The product covered by the present review is the same as the one under consideration in Regulation (EEC) No 2736/90 and falls under CN code 2825 90 40.The product concerned is tungstic oxide and tungstic acid:- tungstic oxide (blue or yellow powder) is a compound of tungsten and oxygen (WO3), usually produced by heat treatment (calcination) of ammonium paratungstate (APT) or by recycling of various tungsten containing scrap compositions,- tungstic acid is a compound of tungsten, hydrogen and oxygen (H2WO4) produced either by precipitation from sodium tungstate solution or by the decomposition of calcium tungstate. It is marketed either untreated or following thermal decomposition in the form of industrial-quality tungstic oxide.Tungstic oxide and tungstic acid are intermediate products or input-materials mostly used to manufacture other downstream tungsten-containing products in the tungsten chain although certain types can be directly used for very limited applications in ceramics. They have very similar chemical characteristics, are nearly identical in terms of tungsten content and there are, after specific minor processing, no significant differences in their industrial uses. Consequently, tungstic oxide and tungstic acid, as in the previous investigation, are regarded as one single product for the purpose of the investigation (and hereinafter referred to as 'oxide/acid`).2. Like product (12) As established in the original investigation, it is considered that oxide/acid exported from the People's Republic of China and oxide/acid manufactured and sold by the Community producers and by producers in the analogue country are like products within the meaning of Article 1(4) of the Basic Regulation because they have essentially the same physical, chemical and technical characteristics and end-uses.D. DUMPING 1. Normal value 1.1 Selection of the analogue country (13) Since the People's Republic of China is not a market economy country, normal value had to be determined on the basis of information obtained in an analogue country. For this purpose South Korea had been suggested by the applicant. The notice of initiation envisaged accordingly the use of that country as an analogue country. Although substantial efforts were made by the Commission to secure cooperation from South Korean manufacturers of the product concerned, those producers did not agree to cooperate in the review.(14) As an alternative, the complainants suggested the United States of America as an analogue country. However, from the several US manufacturers approached in this respect by the Commission, only one, the company Teledyne Advanced Materials, was willing to provide some general information.In any event, when analysing the data submitted by that company, it appeared that, during the investigation period, that company mainly purchased oxide/acid of Chinese and Russian origin and produced only a negligible quantity of oxide/acid from calcination of ammonium paratungstate 'APT` (that is, the immediate upstream product in the production chain) for its internal consumption; further, the company did not sell any oxide/acid either on the domestic or on the export markets.In addition, the other US manufacturers appeared to be in the same situation: no US-produced oxide/acid is sold on the open domestic market, nor is there any significant quantity of US-produced oxide/acid exported, as it is considered an intermediate product destined exclusively for the internal consumption in producing further downstream products in the tungsten chain.In consequence, the United States was not considered an appropriate analogue country for the purpose of this review.(15) Therefore, the Commission expended considerable effort in contacting companies in various other (prima facie suitable) analogue countries in order to obtain cooperation, in particular, from producers in Canada, Japan and Israel.(16) From the various producers contacted, only one producer of oxide/acid, Metek Metal Technology Ltd. (hereinafter 'Metek`), Israel, agreed to cooperate for the purpose of this review. The choice of Israel as analogue country was considered appropriate in view of the following factors:- the oxide/acid produced in Israel had the same characteristics as that produced by cooperating Chinese exporters/producers,- the oxide/acid manufacturing process of the cooperating Israeli producer is based on the calcination of APT or the reprocessing of various tungsten containing scrap compositions. The Israeli production process is similar to the one applied by the cooperating Chinese producers/exporters. It is modern and efficient,- in terms of sourcing, Metek had unimpeded access to the raw materials for the production of the product concerned, namely APT and tungsten containing scrap compositions, which were purchased at world-market prices during the investigation period from sources in the People's Republic of China and Russia (for APT), or from other suppliers located in Europe and the United States (for scrap compositions),- the oxide/acid production volume of this Israeli producer was sufficiently significant to provide for a reasonable cost of production, as compared to the Chinese product,- in addition, the Israeli oxide/acid market itself is open and competitive, because imports are exempted from any customs duties or other import restrictions, and there is a significant volume of imports.On the basis of the above factors, and in accordance with Article 2(7) of the Basic Regulation, Israel was therefore considered to be an appropriate and not unreasonable choice of an analogue country for establishing normal value for the product under investigation.(17) No objections were raised to the choice of Israel as an analogue country, either by the Chinese exporters/producers, the Chinese authorities, or any other party concerned.1.2 Constructed normal value (18) The People's Republic of China being a non-market economy country and Israel having been selected as an appropriate analogue country, normal value for the Chinese exports had to be established in accordance with Article 2(7) of the Basic Regulation. Since the cooperating Israeli producer was primarily producing the product concerned for its own consumption in the production of tungsten metal powder, besides a small export-oriented production, it was thus considered that the most reasonable basis for the normal value would be a constructed value, calculated by adding together the cost of production, (that is, manufacturing costs and selling, general and administrative expenses (hereinafter 'SG& A`)), and a reasonable margin of profit.(19) The cost of manufacture was obtained by adding all costs, both fixed and variable, for materials and manufacturing in the country of origin. In the absence of data specific to oxide/acid for other producers/exporters in the country of origin, as far as SG& A are concerned they were calculated by reference to SG& A on sales of tungsten metal powder, that is, the same general category of product, by Metek on its domestic market during the investigation period, in accordance with Article 2(6)(b) of the Basic Regulation.The same basis was used for the calculation of a profit margin. The level of the profit margin was also in line with the profit margin used in the original investigation.2. Export prices (20) The Commission received comprehensive data on export prices from two Chinese producers/exporters and four importers. The data covered almost the totality of Chinese exports of oxide/acid to the Community during the investigation period, as confirmed by Eurostat figures.For those Chinese exports which were sold directly for export to independent customers in the Community, export prices were established on the basis of the prices actually paid or payable for the product concerned, in accordance with Article 2(8) of the Basic Regulation. For those Chinese exports which were made through a related company (Minmetals North-Europe AB) and represent the majority of all Chinese exports, export prices were constructed on the basis of resale prices to the first independent customers in the Community, in accordance with Article 2(9) of the Basic Regulation. An adjustment was made for all costs, including duties and taxes incurred between importation and resale, and for profit. The profit margin was established on the basis of data obtained from three unrelated importers in the same business sector.3. Comparison (21) In accordance with Article 2(11) of the Basic Regulation, a weighted average normal value, on a fob Israeli frontier basis, was compared to a weighted average export price on a fob Chinese frontier basis, and at the same level of trade.For the purpose of a fair comparison, in accordance with Article 2(10) of the Basic Regulation, due allowance in form of adjustments was made for differences in respect of transport, insurance, credit costs, handling and ancillary costs, which were claimed and shown to affect price comparability.4. Dumping margin (22) The above comparison showed the existence of dumping, the dumping margin being equal to the amount by which the normal value exceeded the export price.Expressed as a percentage of the free-at-Community frontier price, duty unpaid, the single weighted average dumping margin amounts to 5,6 %.E. COMMUNITY INDUSTRY (23) A number of claims were made by the Chinese exporters and some users in the Community concerning the definition of the Community industry and the standing of the producers supporting the review request.(24) The Chinese exporters claimed that one of the companies supporting the review request was an important purchaser of the dumped imports and should therefore be excluded from the definition of the Community industry, pursuant to Article 4(1)(a) of the Basic Regulation.The investigation has confirmed, however, that no imports of oxide/acid of Chinese origin were made by that producer during the period examined. The claim was therefore dismissed.(25) The Chinese exporters also claimed that one of the producers supporting the review was related to an importer of Chinese oxide/acid and should therefore be excluded from the scope of the Community industry for the purpose of the review pursuant to Article 4(1)(a) and (2) of the Basic Regulation.It was confirmed during the investigation that the two companies concerned, although related, had conflicting interests regarding the imposition of the anti-dumping measures. One company was producing oxide/acid, whereas the other was importing the product concerned. It was found that the two companies were acting autonomously when defining and pursuing their business strategy. Overall, it was concluded that the relationship did not influence the behaviour, nor distort the analysis of the economic situation, of the Community producer in question as regards the product concerned. Accordingly, that producer was not excluded from the definition of the Community industry.(26) The request for review alleged that the producers supporting the request represented 100 % of the production of oxide/acid intended for sale on the open market and thus constituted the entire Community industry in conformity with Article 5(4) of the Basic Regulation.That contention was contested by a number of integrated producers of tungsten end-products in the Community (producers of tools, hard metals), producing small quantities of oxide/acid from calcination of APT exclusively for internal consumption. Specifically, they argued that the representativity of the producers supporting the review should be assessed by reference to the totality of the Community production of the product concerned (including their own captive production) and that, on that basis, the producers supporting the review were not representative of the Community industry.This issue was re-examined but it was concluded that the argument was unfounded. Indeed, even if the captively-used production of the companies which presented the above claim was taken into account, the producers supporting the review request would still account for 79 % of the overall oxide/acid Community production of the product concerned, thus fulfilling the criteria of Article 5(4) of the Basic Regulation. In addition, it was confirmed in the course of the investigation, that the producers supporting the review accounted for the totality of the Community production of oxide/acid intended for sale on the open market.(27) Given the above, it was concluded that the producers supporting the review request constitute the Community industry within the meaning of Article 4(1) and Article 5(4) of the Basic Regulation. For the remainder of this Decision, the term Community industry will refer to the companies supporting the review request.F. INJURY 1. General (28) When examining injury, it should be recalled that oxide/acid is part of an entire production chain of tungsten products and that, therefore, any developments of the market for the product concerned should be seen in conjunction with the developments of the other products in the production chain.The conclusions with regard to injury were based on data relating to the Community as composed at the time of the initiation of the review, that is the Community of 15 Member States.(29) Community consumptionFor the purpose of the investigation, consumption was established on the basis of total imports plus sales of the Community industry on the Community open market. Thus, captively-used production was not taken into account when determining Community consumption because it was not considered to be in direct competition with imports. The consumption increased continuously during the period considered from 897 tonnes in 1991, to 1 238 tonnes in 1992, 2 211 tonnes in 1993, 3 815 tonnes in 1994 and 4 062 tonnes in the investigation period (+452 %).2. The behaviour of the Chinese exporters 2.1 Volume and market share of imports from the People's Republic of China (30) Oxide/acid imports of Chinese origin increased from 419 tonnes in 1991 to 676 tonnes in 1992, 1 548 tonnes in 1993, 2 526 tonnes in 1994 and fell to 1 259 tonnes in the investigation period. They represented 46,7 % market share in 1991, 54,6 % in 1992, 70 % in 1993, 66,2 % in 1994 and 31 % in the investigation period.(31) The decrease in Chinese imports in the investigation period, both in absolute and relative terms, coincided with the imposition of the ad valorem anti-dumping duty in September 1994. The imports from the People's Republic of China were partially replaced by imports from Russia, notably in the new Member States. It should also be added that, before joining the Community in 1995, user companies in Sweden, and to a lesser extent in Austria, had, according to information available, stockpiled products of Chinese origin. This also explains why there was a relative decrease in imports of oxide/acid from the People's Republic of China in the investigation period, which covered a period after the accession of the new Member States.2.2 Prices of the dumped imports (a) Overall trend (32) According to Eurostat data, the Chinese prices fluctuated in the period examined, with a significant increase between 1994 and the investigation period. This increase coincided with the increase in demand. This development of prices occurred in parallel to the increase in prices of APT. Such a parallel development could be expected as APT is the most important raw material for the production of oxide/acid and more than 90 % of APT consumed in the Community is in fact imported from the People's Republic of China.(b) Undercutting (33) For the investigation period, on the basis of prices reported by cooperating Chinese exporters and by importers in the Community, representing 80 % of the total imports from the People's Republic of China, the monthly weighted average Community industry's selling price was compared with a monthly weighted average import price of oxide/acid. Transactions by two Community producers of higher quality materials were excluded because there were no imports of comparable product types from the People's Republic of China.The Community industry's prices were considered at ex-works level and the exporters' prices were at Community frontier level, anti-dumping duties paid, at the same level of trade. This comparison showed an undercutting margin of 3,8 % on a weighted average basis.(34) The Chinese import prices of oxide/acid remained below those of the Community industry throughout the period examined (1991 to the investigation period). Although for reasons of comparability, import prices to the three new Member States prior to accession have not been taken into consideration when examining price undercutting and the evolution of Chinese prices, it should nevertheless be noted that in the Member States for which measures were not in force prior to 1995 (Austria and Sweden), the prices of the Chinese imports were found to be at times lower than in the Community of 12.3. The situation of the Community industry (35) The investigation has shown that the Community industry produces both for the open market and for captive use. The majority of the Community industry's production of oxide/acid is destined for internal use. Some of the injury indicators examined below, namely production, capacity and capacity utilisation, refer to both captive and non-captive activities because no meaningful distinction could be made in this respect. The other factors below, namely sales, market share, prices and profitability, refer to the industry's non-captive oxide/acid activity.3.1 Production capacity, production, capacity utilisation (36) The production capacity of the Community industry remained stable over the period examined at around 8 500 tonnes. The production increased globally, albeit a slight decrease between 1991 and 1993, from 6 151 tonnes in 1991 to 8 123 tonnes in the investigation period (+32 %). This increase in production followed the trend of consumption for all tungsten products.The capacity utilisation rates increased from 72 % in 1991 to 95 % in the investigation period.3.2 Sales volume and market share (37) It has to be stressed that although production increased substantially, the Community producers used an increasing proportion of their output of oxide/acid to manufacture products further down the tungsten chain and only a small proportion was sold in the open market.(38) The Community industry's sales in the Community open market decreased from 1991 to 1993, and slightly increased in 1994 and the investigation period. However, the Community industry's sales in the open market were not very significant when compared to production volumes throughout the period. The market share held by the Community industry went from 38 % in 1991 to 27 % in 1992, to 11 % in 1993 and to 7 % in 1994 and the investigation period. The latter figure represents a relatively small proportion of the Community industry's total production of oxide/acid in a context of increasing, and in the investigation period virtually full, capacity utilisation.3.3 Price evolution (39) The prices of the Community industry decreased from 1991 to 1994 and increased during the investigation period, as did Chinese prices. The latter trend coincided with a further increase in demand and the imposition of the ad valorem anti-dumping duties.3.4 Profitability (40) The situation of the Community industry was profitable overall between 1991 and the investigation period. Profits were due particularly to sales of highly specialised types of the product for which the Community industry still has an outlet. It should be noted that as regards sales of the product types identical to those imported from the People's Republic of China, negative financial results were incurred between 1991 and 1994, whereas some profits were achieved in the investigation period.3.5 Employment (41) Given the fact that the personnel concerned work in an integrated production chain and the close links between the various tungsten products, specific allocations of personnel per product were not possible. Employment in the tungsten sector decreased by 14 % over the whole period. During the investigation period, 580 persons were employed in the tungsten production chain.3.6 Conclusion on the situation of the Community industry (42) The situation of the Community industry improved considerably between 1991 and the investigation period as regards production (32 % increase) and capacity utilisation (95 % capacity utilisation during the investigation period). As regards the Community industry's open market sales and the corresponding market share, these continued to decrease during the period under examination. Such a decrease should be seen in the light of the Community industry's captive use of most of the increasing production of the product concerned in the manufacturing of downstream products.G. RECURRENCE OF INJURY (43) In conformity with Article 11(2) of the Basic Regulation, the Commission examined whether the expiry of the measures in force would lead to recurrence of injury to the Community industry.(44) The present investigation has shown that the Community industry has continued its substantial loss of market share between 1991 and the investigation period, with market share in the investigation period being limited to 7 % during a period in which demand increased strongly. However, this decrease in market share during the period examined coincided with a tendency by the Community industry to use an increasing proportion of the production of oxide/acid captively to produce downstream products, to the detriment of oxide/acid sales in the open market. This development followed an increase in capacity utilisation and was most notable during the investigation period when production capacity was being almost fully used with a consequent loss of market share on the open market.(45) On the other hand, and should the Community industry decide or be forced to change its outlet for its oxide/acid production, the possibility cannot be excluded that the Chinese imports could continue to have a negative impact on the Community industry's ability to sell oxide/acid on the open market, in particular since Chinese prices (with, and to an even greater extent without, anti-dumping duty) were found to undercut those charged by the Community industry during the period considered.(46) The Community industry argued that if measures relating to oxide/acid were repealed, Chinese imports could endanger the viability of oxide/acid production by the Community industry if those imports continued to be sold at very low prices. Should Community industry be forced to cease production of oxide/acid, it would become completely dependent on, for example, imports from the People's Republic of China for intermediate products.(47) In this context, it should be recalled that this industry is integrated upstream, starting production from concentrates or APT. Part of its production also derives from the recycling of tungsten containing scrap materials, thus somewhat reducing the dependence on imported raw materials. For two of the complainants, the recycling of scrap also allows them to produce products other than tungsten (cobalt metal powder and tantalum carbide). The disappearance of the upstream production chain would therefore allegedly also entail the disappearance of those other products with significant loss of investments.Nevertheless, it is not clear to what extent the industry's production chain is at risk in the absence of measures on oxide/acid. Furthermore, such a risk appears to be partly limited by the competitiveness that this industry is able to derive from its recycling activity, which would partly compensate for its dependency on raw materials supply.(48) In any event, it should be stressed that trends in prices of Chinese oxide until and during the investigation period closely follows those of Chinese APT. Chinese imports hold more than 90 % of the Community APT market. APT, for which no anti-dumping measure is in force, is the most important export item of all Chinese tungsten products. It should be noted that the transformation costs from APT to the next stage, that is oxide/acid, although higher in the Community than in other countries investigated given the environmental costs, are not very significant. It can be said that an important part of Community produced oxide/acid is derived from Chinese APT and that the Community industry also sources part of its requirements from Chinese products. As a consequence, the Community industry's oxide/acid production appears to be vulnerable irrespective of the existence of anti-dumping measures on Chinese oxide/acid imports.It follows from the above that, although a likelihood of a recurrence of injury cannot be completely excluded, the extent of such injury cannot at present be determined.H. COMMUNITY INTEREST The above considerations regarding injury and recurrence of injury should be further analysed in the light of the following aspects concerning Community interest:1. The complainant Community industry (49) The three complainant producers employ some 580 people in the overall production chain of tungsten.As explained in recitals (46) and (47), should the measures be repealed, it is not clear to what extent this would have a negative impact on the situation of the Community industry.2. The user industry (50) The Community user industry is composed of a few large companies and a number of small companies.Since the accession of the new Member States in 1995, the open market demand for oxide/acid has significantly increased (more than tripled), given the presence of important users in these Member States. These companies (mostly integrated producers of cemented tungsten carbide) tend at present to prefer to start the production from oxide rather than APT because of, among others, environmental requirements.(51) In the light of the Community industry's limited supplies to the open market, the user industry is to a large extent dependent on external sources of supply.(52) In conclusion, it appears that the effectiveness of the duty is not guaranteed in the absence of a duty on the upstream intermediary product APT, in particular because of the limited transformation costs between the latter and oxide/acid. In addition, there is a risk that the maintenance of the measures would, to a certain extent, inhibit the access of the user industry to supplies of the product concerned from a major supplier, whereas injury to the Community industry, should measures be repealed, would not appear to be imminent.I. CONCLUSION (53) In the light of the above findings, in particular the fact that the likelihood of recurrence of injurious dumping was not clearly established, it was considered that protective measures should no longer be imposed on imports of oxide/acid originating in the People's Republic of China.(54) The interested parties were informed of the above and no adverse comments were received.(55) The Advisory Committee was consulted and raised no objection.(56) Therefore, in accordance with Article 9(2) of the Basic Regulation, it is considered that the continuation of protective measures is unnecessary and that the proceeding should be terminated,HAS DECIDED AS FOLLOWS:Sole Article The anti-dumping proceeding concerning imports of tungstic oxide and tungstic acid falling under CN code 2825 90 40 originating in the People's Republic of China is hereby terminated.Done at Brussels, 20 March 1998.For the CommissionLeon BRITTANVice-President(1) OJ L 56, 6. 3. 1996, p. 1.(2) OJ L 317, 6. 12. 1996, p. 1.(3) OJ L 264, 27. 9. 1990, p. 4.(4) OJ L 264, 27. 9. 1990, p. 57.(5) OJ L 248, 23. 9. 1994, p. 8.(6) OJ L 64, 22. 3. 1995, p. 1.(7) OJ C 48, 25. 2. 1995, p. 3.(8) OJ C 244, 21. 9. 1995, p. 7.(9) OJ L 349, 31. 12. 1994, p. 1.(10) OJ L 244, 21. 9. 1995, pp. 3 and 5.


Avis juridique important

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31996D0314(02)

Decision of the Secretary-General of the Council of 27 February 1996 relating to fees in the context of public access to Council documents

Official Journal C 074 , 14/03/1996 P. 0003 - 0003

DECISION OF THE SECRETARY-GENERAL OF THE COUNCIL of 27 February 1996 relating to fees in the context of public access to Council documents (96/C 74/02)THE SECRETARY-GENERAL OF THE COUNCIL OF THE EUROPEAN UNION,Having regard to Council Decision 93/731/EC of 20 December 1993 on public access to Council documents, and in particular Article 3 (1) thereof,Whereas applicants may have access to a Council document either by consulting it on the spot or by having a copy sent at their expense;Whereas a fee should be set for copies of documents requested in the context of public access to Council documents, in order to cover administrative costs,HAS DECIDED AS FOLLOWS:Article 1 In the context of the Council Decision of 20 December 1993 on public access to Council documents, a fee of ECU 10 plus ECU 0,036 per sheet of paper shall be charged by the General Secretariat of the Council for copies of printed documents exceeding 30 pages. Charges for information in other formats shall be set on a case-by-case basis but shall not exceed what is reasonable.Article 2 This Decision shall take effect one month after its publication in the Official Journal of the European Communities. It shall apply only to requests for public access to Council documents received after that date.Done at Brussels, 27 February 1996.Juergen TRUMPFSecretary-General of the Council of the European Union