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31997D0640

97/640/EC: Council Decision of 22 September 1997 on the approval, on behalf of the Community, of the amendment to the Convention on the control of transboundary movements of hazardous wastes and their disposal (Basle Convention), as laid down in Decision III/1 of the Conference of the Parties

Official Journal L 272 , 04/10/1997 P. 0045 - 0046

COUNCIL DECISION of 22 September 1997 on the approval, on behalf of the Community, of the amendment to the Convention on the control of transboundary movements of hazardous wastes and their disposal (Basle Convention), as laid down in Decision III/1 of the Conference of the Parties (97/640/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 130s (1), in conjunction with Article 228 (2), first sentence, and (3), first subparagraph thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the European Parliament (2),Whereas, by Decision 93/98/EEC (3), the Community approved the Convention on the control of transboundary movements of hazardous wastes and their disposal, commonly known as the Basle Convention, and became a full Party to the Convention on 7 May 1994;Whereas, by virtue of a Council Decision of 22 June 1995, the Commission participated on behalf of the Community, in consultation with the representatives of the Member States, in the negotiation in the context of the third meeting of the Conference of the Parties to the Basle Convention, with a view to amending the Convention in accordance with Decision II/12 of the Conference of the Parties; whereas pursuant to that Decision exports of hazardous wastes destined for final disposal from OECD to non-OECD countries were to be prohibited immediately and exports of hazardous waste destined for recovery operations were to be phased out until 31 December 1997 and prohibited as of that date;Whereas, as a result of those negotiations, on 22 September 1995 the Conference of the Parties adopted Decision III/1, inserting a new preambular paragraph 7 bis, a new Article 4A and a new Annex VII into the Convention; whereas Decision III/1 aims to immediately prohibit exports of hazardous wastes destined for final disposal from Parties listed in Annex VII to States not so listed and to phase out until 31 December 1997 and prohibit as of that date exports of hazardous wastes destined for recovery operations from Parties listed in Annex VII to States not so listed;Whereas Community legislation on shipments of waste has been amended accordingly by Council Regulation (EC) No 120/97 of 20 January 1997 amending Regulation (EEC) No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community (4);Whereas, pursuant to Article 17 of the Convention, the amendment of the Basle Convention is open for ratification, approval, formal confirmation or acceptance; whereas the amendment will enter into force between Parties having accepted it on the 90th day after the receipt by the Depositary of the instruments of ratification, approval, formal confirmation or acceptance by at least three quarters of the Parties who accepted the amendment,HAS DECIDED AS FOLLOWS:Article 1 The amendment of the Convention on the control of transboundary movements of hazardous wastes and their disposal, as laid down in Decision III/1 adopted by the Conference of the Parties on 22 September 1995, is hereby approved on behalf of the Community.The text of the amendment is attached to this Decision.Article 2 The President of the Council is hereby authorized to designate the person(s) empowered to deposit, on behalf of the Community, the instrument of approval with the Secretary-General of the United Nations, as provided for by Article 17 of the Convention.Article 3 This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 22 September 1997.For the CouncilThe PresidentF. BODEN(1) OJ C 197, 27. 6. 1997, p. 12.(2) Opinion delivered on 16 September 1997 (not yet published in the Official Journal).(3) OJ L 39, 16. 2. 1993, p. 1.(4) OJ L 22, 24. 1. 1997, p. 14.ANNEX AMENDMENT TO THE BASLE CONVENTION ON THE CONTROL OF TRANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTES AND THEIR DISPOSAL New preambular paragraph 7bisRecognizing that transboundary movements of hazardous wastes, especially to developing countries, have a high risk of not constituting an environmentally sound management of hazardous wastes as required by this Convention.New Article 4A1. Each Party listed in Annex VII shall prohibit all transboundary movements of hazardous wastes which are destined for operations according to Annex IV A, to States not listed in Annex VII.2. Each Party listed in Annex VII shall phase out by 31 December 1997, and prohibit as of that date, all transboundary movements of hazardous wastes pursuant to Article 1 (1) (a) of the Convention which are destined for operations according to Annex IV B to States not listed in Annex VII. Such transboundary movement shall not be prohibited unless the wastes in question are characterized as hazardous within the meaning of the Convention.New Annex VIIParties and other States which are members of the OECD, EC and Liechtenstein.


title: 2014/900/EU: Council Decision of 9 December 2014 amending the Council's Rules of Procedure

text:
               13.12.2014

               EN

               Official Journal of the European Union

               L 358/25

         COUNCIL DECISION
   of 9 December 2014
   amending the Council's Rules of Procedure

      (2014/900/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Article 11(6) of the Council's Rules of Procedure (1),
   Whereas:

               (1)

               From 1 November 2014, when an act is to be adopted by the Council acting by qualified majority, it must be verified that the Member States constituting the qualified majority represent at least 65 % of the population of the Union.

               (2)

               Until 31 March 2017, when an act is to be adopted by the Council acting by qualified majority, a member of the Council may request that it be adopted in accordance with the qualified majority as defined in Article 3(3) of Protocol No 36 on transitional provisions, annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community. In that case, a member of the Council may request that a check be made to ensure that the Member States constituting the qualified majority represent at least 62 % of the total population of the Union.

               (3)

               Those percentages are calculated according to the population figures set out in Annex III to the Council's Rules of Procedure (hereinafter ‘Rules of Procedure’).

               (4)

               Article 11(6) of the Rules of Procedure provides that, with effect from 1 January each year, the Council is to amend the figures set out in that Annex, in accordance with the data available to the Statistical Office of the European Union on 30 September of the preceding year.

               (5)

               The Rules of Procedure should therefore be amended accordingly for the year 2015,

         HAS ADOPTED THIS DECISION:
   Article 1
   Annex III to the Rules of Procedure is replaced by the following:

         ‘ANNEX III
         Figures concerning the population of the Union and the population of each Member State for implementing the provisions concerning qualified majority voting in the Council
         For the purposes of implementing Article 16(4) TEU, Article 238(2) and (3) TFEU and Article 3(2) of Protocol No 36, the population of the Union and the population of each Member State, as well as the percentage of each Member State's population in relation to the population of the Union, for the period from 1 January 2015 to 31 December 2015 shall be as follows:

                     Member State

                     Population (× 1 000)

                     Percentage of the population of the Union

                     Germany

                     80 704,691

                     15,91

                     France

                     66 076,909

                     13,02

                     United Kingdom

                     64 105,654

                     12,63

                     Italy

                     61 152,798

                     12,05

                     Spain

                     46 507,760

                     9,17

                     Poland

                     38 018,000

                     7,49

                     Romania

                     19 942,642

                     3,93

                     Netherlands

                     17 082,000

                     3,37

                     Belgium

                     11 203,992

                     2,21

                     Greece

                     10 992,783

                     2,17

                     Portugal

                     10 427,301

                     2,06

                     Czech Republic

                     10 398,697

                     2,05

                     Hungary

                     9 877,365

                     1,95

                     Sweden

                     9 644,864

                     1,90

                     Austria

                     8 511,000

                     1,68

                     Bulgaria

                     7 245,677

                     1,43

                     Denmark

                     5 621,607

                     1,11

                     Finland

                     5 451,270

                     1,07

                     Slovakia

                     5 400,598

                     1,06

                     Ireland

                     4 604,029

                     0,91

                     Croatia

                     4 246,809

                     0,84

                     Lithuania

                     2 943,472

                     0,58

                     Slovenia

                     2 061,085

                     0,41

                     Latvia

                     2 001,468

                     0,39

                     Estonia

                     1 315,819

                     0,26

                     Cyprus

                     858,000

                     0,17

                     Luxembourg

                     549,680

                     0,11

                     Malta

                     425,384

                     0,08

                     Total

                     507 371,354

                     Threshold (62 %)

                     314 570,239

                     Threshold (65 %)

                     329 791,380’

   Article 2
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2015.

      Done at Brussels, 9 December 2014.

            For the Council

            The President

         C. DE VINCENTI

      (1)  Council Decision 2009/937/EU of 1 December 2009 adopting the Council's Rules of Procedure (OJ L 325, 11.12.2009, p. 35).


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42002D0385

Decision of the Representatives of the Governments of the Member States, meeting within the Council, of 21 May 2002 amending Decision 2001/932/ECSC on certain measures applicable with regard to the Russian Federation concerning trade in certain steel products covered by the ECSC Treaty

Official Journal L 137 , 25/05/2002 P. 0022 - 0024

Decision of the Representatives of the Governments of the Member States, meeting within the Council,of 21 May 2002amending Decision 2001/932/ECSC on certain measures applicable with regard to the Russian Federation concerning trade in certain steel products covered by the ECSC Treaty(2002/385/ECSC)THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL,In agreement with the Commission,HAVE DECIDED AS FOLLOWS:Article 1Decision 2001/932/ECSC of the Representatives of the Governments of the Member States meeting within the Council of 19 December 2001(1) is hereby amended as follows:- in Article 1, the words: "During the period 1 January 2002 to 30 June 2002," shall be replaced by: "During the period 1 January 2002 to 31 December 2002,";- Annexes I and II shall be replaced by the text in the Annex hereto.Article 2This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.Done at Brussels, 21 May 2002.The PresidentR. De Miguel(1) OJ L 345, 29.12.2001, p. 71.ANNEX"ANNEX ISA - Flat-rolled productsSA1 - Coils7208 10 007208 25 007208 26 007208 27 007208 36 007208 37 907208 38 907208 39 907211 14 107211 19 207219 11 007219 12 107219 12 907219 13 107219 13 907219 14 107219 14 907225 20 207225 30 00SA1a - Hot rolled coils for re-rolling7208 37 107208 38 107208 39 10SA2 - Heavy Plate7208 40 107208 51 107208 51 307208 51 507208 51 917208 51 997208 52 107208 52 917208 52 997208 53 107211 13 00SA3 - Other flat rolled products7208 40 907208 53 907208 54 107208 54 907208 90 107209 15 007209 16 107209 16 907209 17 107209 17 907209 18 107209 18 917209 18 997209 25 007209 26 107209 26 907209 27 107209 27 907209 28 107209 28 907209 90 107210 11 107210 12 117210 12 197210 20 107210 30 107210 41 107210 49 107210 50 107210 61 107210 69 107210 70 317210 70 397210 90 317210 90 337210 90 387211 14 907211 19 907211 23 107211 23 517211 29 207211 90 117212 10 107212 10 917212 20 117212 30 117212 40 107212 40 917212 50 317212 50 517212 60 117212 60 917219 21 107219 21 907219 22 107219 22 907219 23 007219 24 007219 31 007219 32 107219 32 907219 33 107219 33 907219 34 107219 34 907219 35 107219 35 907225 40 80SA4 - Alloyed products7226 20 207226 91 107226 91 907226 99 20SB - Longs productsSB1 - Beams7207 19 317207 20 717216 31 117216 31 197216 31 917216 31 997216 32 117216 32 197216 32 917216 32 997216 33 107216 33 90SB2 - Wire rod7213 10 007213 20 007213 91 107213 91 207213 91 417213 91 497213 91 707213 91 907213 99 107213 99 907221 00 107221 00 907227 10 007227 20 007227 90 107227 90 507227 90 95SB3 - Other longs7207 19 117207 19 147207 19 167207 20 517207 20 557207 20 577214 20 007214 30 007214 91 107214 91 907214 99 107214 99 317214 99 397214 99 507214 99 617214 99 697214 99 807214 99 907215 90 107216 10 007216 21 007216 22 007216 40 107216 40 907216 50 107216 50 917216 50 997216 99 107218 99 207222 11 117222 11 197222 11 217222 11 297222 11 917222 11 997222 19 107222 19 907222 30 107222 40 107222 40 307224 90 317224 90 397228 10 107228 10 307228 20 117228 20 197228 20 307228 30 207228 30 417228 30 497228 30 617228 30 697228 30 707228 30 897228 60 107228 70 107228 70 317228 80 107228 80 907301 10 00ANNEX IIQUANTITATIVE LIMITS1 January to 31 December 2002>TABLE>"


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32001D0820

2001/820/EC: Commission Decision of 19 November 2001 conferring management of aid on implementing agencies for pre-accession measures in agriculture and rural development in the Republic of Slovenia in the pre-accession period

Official Journal L 307 , 24/11/2001 P. 0025 - 0026

Commission Decisionof 19 November 2001conferring management of aid on implementing agencies for pre-accession measures in agriculture and rural development in the Republic of Slovenia in the pre-accession period(2001/820/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to the Council Regulation (EC) No 1266/1999 of 21 June 1999 on coordinating aid to the applicant countries in the framework of the pre-accession strategy and amending Regulation (EEC) No 3906/89(1), and in particular Article 12(2) thereof,Having regard to Commission Regulation (EC) No 2222/2000 of 7 June 2000 laying down financial rules for the application of Council Regulation (EC) No 1268/1999 on Community support for pre-accession measures for agriculture and rural development in the applicant countries of central and eastern Europe in the pre-accession period(2), and in particular Article 3(2) thereof,Whereas:(1) In accordance with Article 4(5) of Council Regulation (EC) No 1268/1999 of 21 June 1999 on Community support for pre-accession measures for agriculture and rural development in the Applicant Countries of central and eastern Europe in the pre-accession period(3), a Programme for Agriculture and Rural Development was approved by Commission Decision C(2000) 3138-final on 27 October 2000 for the Republic of Slovenia.(2) The government of the Republic of Slovenia and the Commission, acting on behalf of the European Community, has signed on 5 March 2001 the Multiannual Financing Agreement laying down the technical, legal and administrative framework for the execution of the Sapard Programme.(3) Regulation (EC) No 1266/1999 provides that the ex-ante approval requirement referred to in article 12(1) of Regulation (EC) No 1266/1999 may be waived on the basis of a case-by-case analysis of national and sectorial programme/project management capacity, financial control procedures and structures regarding public finance; Regulation (EC) No 2222/2000 provides for detailed rules for the carrying out of said analysis.(4) The Competent authority of the Republic of Slovenia has appointed the Agency for Agricultural Markets and Rural Development for the implementation of measures "Investments in agricultural holdings"; "Investment in food processing industry"; "Economic diversification of farms" and "Development and improvement of rural infrastructure" as defined in the Programme for Agriculture and Rural Development that was approved by Commission Decision C(2000) 3138-final on 27 October 2000 for the Republic of Slovenia; whereas the Ministry of Finance, National Fund has been appointed for the financial functions it is due to perform in the framework of the implementation of the Sapard programme.(5) Pursuant to Regulation (EC) No 1266/1999 and Regulation (EC) No 2222/2000, the Commission has analysed the national and sectorial programme/project management capacity, financial control procedures and structures regarding public finance and has established that, for the implementation of the aforementioned measures, the Republic of Slovenia complies with the provisions of Articles 4 to 6 and of the Annex to the Regulation (EC) No 2222/2000, with the minimum conditions set out in the Annex to the Regulation (EC) No 1266/1999.(6) In particular, the Agency for Agricultural Markets and Rural Development has implemented the following key accreditation criteria satisfactorily: written procedures, segregation of duties, pre-project approval and pre-payment checks, payment procedures, accounting procedures, computer security, internal audit, and, where appropriate, public procurement provisions.(7) The Ministry of Finance, National Fund has implemented the following criteria satisfactorily for the financial functions it is due to perform in the framework of the implementation of the Sapard programme for the Republic of Slovenia: audit trail, treasury management, receipt of funds, disbursement to the Agency for Agricultural Markets and Rural Development, computer security and internal audit.(8) It is therefore appropriate to waive the ex-ante approval requirement referred to in Article 12(1) of Regulation (EC) No 1266/1999 and to confer on the Agency for Agricultural Markets and Rural Development and on the Ministry of Finance, National Fund in the Republic of Slovenia the management of aid on a decentralised basis.(9) However, since the verifications carried out by the Commission are based on an operational but not operating system it is therefore appropriate to confer the management of the Sapard Programme on the Agency for Agricultural Markets and Rural Development and on the Ministry of Finance, National Fund on a provisional basis.(10) Full conferral of management of the Sapard Programme is only envisaged after further verifications in order to ensure that the system operates satisfactorily have been carried out and after any recommendations the Commission may issue, with regard to the conferral of management of aid on the Agency for Agricultural Markets and Rural Development and on the Ministry of Finance, National Fund, have been implemented.(11) On 14 November 2001 the Slovenian authorities provided the lists of eligible costs to be included in the standard draft contracts per measure in conformity with Article 4(1), Section B of the Multiannual Financial Agreement; the Commission did not raise objections to these lists,HAS DECIDED AS FOLLOWS:Article 1The requirement of ex-ante approval by the Commission of project selection and contracting by the Republic of Slovenia is hereby waived.Article 2Management of the Sapard Programme is conferred on a provisional basis to:1. the Agency for Agricultural Markets and Rural Development, Dunajska Str. 56-58, 1000 Ljubljana, Republic of Slovenia, for the implementation of measures "Investments in agricultural holdings"; "Investment in food processing industry"; "Economic diversification of farms" and "Development and improvement of rural infrastructure" as defined in the Programme for Agricultural and Rural Development that was approved by Commission Decision C(2000) 3138-final on 27 October 2000,and2. the Ministry of Finance, National Fund, Beethovnova Str. 11, 1502 Ljubljana, Republic of Slovenia, for the financial functions it is due to perform in the framework of the implementation of the Sapard programme for the Republic of Slovenia.Done at Brussels, 19 November 2001.For the CommissionFranz FischlerMember of the Commission(1) OJ L 161, 26.6.1999, p. 68.(2) OJ L 253, 7.10.2000, p. 5.(3) OJ L 161, 26.6.1999, p. 87.


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31998D0647

98/647/EC: Decision of the European Parliament of 7 October 1998 Decision giving discharge in respect of the implementation of the budget for the 1996 financial year - Section IV: Court of Justice, Section V: Court of Auditors, Section VI, Part B: Committee of the Regions

Official Journal L 308 , 18/11/1998 P. 0039 - 0040

DECISION OF THE EUROPEAN PARLIAMENT of 7 October 1998 Decision giving discharge in respect of the implementation of the budget for the 1996 financial year - Section IV: Court of Justice, Section V: Court of Auditors, Section VI, Part B: Committee of the Regions(98/647/EC)THE EUROPEAN PARLIAMENT,- having regard to Article 203(10) of the Treaty on European Union,- having regard to Article 22(2) and (3) of the Financial Regulation,- having regard to the revenue and expenditure account and balance sheet concerning the financial year 1996 (SEC(97)0402 - C4-0197/97),- having regard to the report of the Court of Auditors concerning the financial year 1996 (C4-0599/97) (1),- having regard to the report of the Committee on Budgetary Control (A4-0289/98),Court of Justice1. points out that the estimates, in particular the funding of Article 270, were lacking in the desired reliability; calls accordingly on the Court of Justice to improve the quality of its preparatory work (particularly its financial forecasts) as regards the funding and the justifications provided for the various budget headings;Court of Auditors2. proposes to the Court of Auditors that it instruct its Member responsible for administrative matters systematically to include the Court of Auditors in all its horizontal audits, starting with the 1997 financial year;Committee of the Regions3. deplores the extremely incomplete nature of the information contained in the revenue and expenditure account and financial balance sheet of Section VI-B of the general budget; calls on the Committee of the Regions to make sure that the presentation of data on the implementation of the appropriations for which it is responsible is transparent, comprehensive and accurate;4. expresses regret at the irregularities brought to light in the Court of Auditors annual report; notes the interim report forwarded by the Committee of the Regions to the discharge authority which relates to the recovery of amounts incorrectly paid and the administrative and regulatory provisions implemented or envisaged; calls on the Court of Auditors to check that the measures detailed above are appropriate and effective;5. expresses its concern at the absence of a consistent staff policy within the Committee of the Regions, something which has led to a number of appeals by members of its staff and judgments by the Court of First Instance; considers, therefore, that this matter needs to be considered in greater depth during the 1999 budget procedure (2);6. gives discharge to the Registrar of the Court of Justice and the Secretaries-General of the Court of Auditors and the Committee of the Regions in respect of the implementation of their budgets for the 1996 financial year;7. instructs its President to forward this Decision to the institutions and the advisory body concerned and to have it published in the Official Journal of the European Communities, L series.PresidentJosé María GIL-ROBLESSecretary-GeneralJulian PRIESTLEY(1) OJ C 348, 18. 11. 1997.(2) See PE 226.669.


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31998D0018

98/18/EC: Council Decision of 27 November 1997 concerning the conclusion of the Agreement between the European Community and Canada on customs cooperation and mutual assistance in customs matters

Official Journal L 007 , 13/01/1998 P. 0037 - 0037

COUNCIL DECISION of 27 November 1997 concerning the conclusion of the Agreement between the European Community and Canada on customs cooperation and mutual assistance in customs matters (98/18/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof, in conjunction with the first sentence of Article 228(2) thereof,Having regard to the proposal from the Commission,Whereas on 5 April 1993 the Council authorized the Commission to negotiate, on behalf of the Community, customs cooperation agreements with some of the Community's main trading partners;Whereas the Agreement between the European Community and Canada on customs cooperation and mutual assistance in customs matters should be approved,HAS DECIDED AS FOLLOWS:Article 1 The Agreement between the European Community and Canada on customs cooperation and mutual assistance in customs matters is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2 The Commission, assisted by representatives of the Member States, shall represent the Community on the Joint Customs Cooperation Committee set up under Article 20 of the Agreement.Article 3 The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement on behalf of the Community.Article 4 The president of the Council shall effect the notification provided for in Article 24 of the Agreement on behalf of the Community (1).Article 5 This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 27 November 1997.For the CouncilThe PresidentM. PATIJN(1) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


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31983D0503

83/503/EEC: Council Decision of 4 October 1983 on the provisional application of the Agreement between the European Economic Community and the Government of the Democratic Republic of São Tomé and Principe on fishing off São Tomé and Principe

Official Journal L 282 , 14/10/1983 P. 0052 Spanish special edition: Chapter 04 Volume 2 P. 0156  Portuguese special edition Chapter 04 Volume 2 P. 0156

*****COUNCIL  DECISION  of 4 October 1983  on the provisional application of the Agreement between the European Economic Community and the Government of the Democratic Republic of São Tomé and Principe on fishing off São Tomé and Principe  (83/503/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 103 thereof,  Having regard to the proposal from the Commission,  Whereas the Community and São Tomé and Principe have carried out negotiations to conclude an Agreement on fishing off São Tomé and Principe;  Whereas, following these negotiations, the Agreement between the European Economic Community and the Government of the Democratic Republic of São Tomé and Principe on fishing off São Tomé and Principe, the Annex and the Protocol forming an integral part of the Agreement and the exchange of letters provisionally applying the Agreement were initialled on 31 August 1983;  Whereas under this Agreement and the texts relating thereto the Government of the Democratic Republic of São Tomé and Principe authorizes Community fishermen to fish off São Tomé and Principe;  Whereas the year for fishing off São Tomé and Principe is currently in operation and the interests of Community fishermen render imperative, in the absence of any alternative sufficient fishing prospects, that they have access to these waters; whereas it is therefore vital that the Agreement be applied at the earliest opportunity;  Whereas for that reason the provisional application of the Agreement should be approved, subject to a definitive Decision being taken on the basis of Article 43 of the Treaty,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement between the European Economic Community and the Government of the Democratic Republic of São Tomé and Principe on fishing off São Tomé and Principe and the Protocol which forms an integral part thereof shall be provisionally applied.  The text of the Agreement and the texts of the Protocol and of the exchange of letters provisionally applying the Agreement are attached to this Decision.  Article 2  The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement and the exchange of letters provisionally applying the Agreement.  Done at Luxembourg, 4 October 1983.  For the Council  The President  C. SIMITIS


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41995D0278

95/278/EC, Euratom, ECSC: Decision of the representatives of the Governments of the Member States of the European Communities of 17 July 1995 appointing members of the Court of First Instance

Official Journal L 172 , 22/07/1995 P. 0023 - 0023

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF  THE EUROPEAN COMMUNITIES of 17 July 1995 appointing members of the Court of First Instance  (95/278/EC, Euratom, ECSC)THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER  STATES OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular Article 168a  thereof, Having regard to the Treaty establishing the European Coal and Steel Community, and in particular  Article 32d thereof, Having regard to the Treaty establishing the European Atomic Energy Community, and in particular  Article 140a thereof, Having regard to Council Decision 88/591/ECSC, EEC, Euratom of 24 October 1988 establishing a Court  of First Instance of the European Communities  (1), Having regard to Decision 95/1/EC, Euratom, ECSC of the Council of the European Union of 1 January  1995 adjusting the instruments concerning the accession of new Member States to the European Union   (2), and in particular Article 10 amending Article 2 (1) of Decision 88/591/ECSC, EEC, Euratom and  Article 31 (2) amending Article 157 (2) of the Act of Accession thereof, HAVE DECIDED AS FOLLOWS: Sole Article The following are hereby appointed judges to the Court of First  Instance for the period 1 September 1995 to 30 August 2001: Mr Donal Barrington, Mr Christopher Bellamy, Mr Rafael García-Valdecasas y Fernández, Dr Heinrich Kirschner, Ms Pernilla Lindh, Mr André Potocki, Dr Antonio Saggio. Done at Brussels, 17 July 1995. The President J. SOLANA


title: Political and Security Committee Decision EUPOL AFGH/2/2007 of 30 November 2007 on the establishment of the Committee of Contributors for the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN)

text:
               29.12.2007

               EN

               Official Journal of the European Union

               L 346/26

      POLITICAL AND SECURITY COMMITTEE DECISION EUPOL AFGH/2/2007
   of 30 November 2007
   on the establishment of the Committee of Contributors for the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN)
   (2007/886/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third subparagraph of Article 25 thereof,
   Having regard to Council Joint Action 2007/369/CFSP of 30 May 2007 on establishment of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) (1) and in particular Article 10(1) thereof,
   Whereas:

               (1)

               Under Article 10(1) of Joint Action 2007/369/CFSP, the Political and Security Committee (PSC) is to exercise, under the responsibility of the Council, the political control and strategic direction of the Mission and is authorised by the Council to take the relevant decisions in accordance with Article 25 of the Treaty.

               (2)

               The European Council Conclusions of Göteborg of 15 and 16 June 2001 established guiding principles and modalities for third States’ contributions to Police Missions. On 10 December 2002, the Council approved the Consultations and modalities for the contribution of non-EU States to EU civilian crisis management operations, which further developed the arrangements for the participation of third States in civilian crisis management operations, including the setting-up of a Committee of Contributors (CoC).

               (3)

               The CoC for the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) is to play a key role in the day-to-day management of the Mission. It is to be the main forum for discussing all problems relating to the day-to-day management of the Mission. The PSC, which exercises the political control and strategic direction of the Mission, is to take account of the CoC’s views,

         HAS ADOPTED THIS DECISION:
   Article 1
   Establishment
   A Committee of Contributors (CoC) for the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) is hereby established.
   Article 2
   Functions
   1.   The CoC may express views. The PSC shall take such views into account and exercise the political control and strategic direction of the Mission.
   2.   The CoC’s terms of reference are laid down in the document entitled ‘Consultations and modalities for the contribution of non-EU States to EU civilian crisis management operations’.
   Article 3
   Composition
   1.   All EU Member States shall be entitled to be present at the CoC’s discussions. However, only contributing States shall take part in the day-to-day management of the Mission. Representatives of the third States participating in the Mission may attend the CoC’s meetings. A representative of the Commission of the European Communities may also attend the CoC’s meetings.
   2.   The CoC shall receive regular information from the Head of Mission.
   Article 4
   Chair
   For the Mission referred to in Article 1, the CoC shall be chaired, in accordance with the Consultations and modalities referred to in Article 2(2), by a representative of the Secretary-General/High Representative, in close consultation with the Presidency.
   Article 5
   Meetings
   1.   The CoC shall be convened by the Chair on a regular basis. Where circumstances require, emergency meetings may be convened on the Chair’s initiative or at the request of a representative of a participating State.
   2.   The Chair shall circulate in advance a provisional agenda and documents relating to the meeting. The Chairman shall be responsible for conveying the outcome of the CoC’s discussions to the PSC.
   Article 6
   Confidentiality
   1.   The Council Security Regulations shall apply to the CoC’s meetings and proceedings. In particular, representatives in the CoC shall possess adequate security clearance.
   2.   The deliberations of the CoC shall be covered by the obligation of professional secrecy.
   Article 7
   Entry into force
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 30 November 2007.

            For the Political and Security Committee

            The Chairperson

         C. DURRANT PAIS

      (1)  OJ L 139, 31.5.2007, p. 33. Joint Action as amended by Joint Action 2007/733/CFSP (OJ L 295, 14.11.2007, p. 31).


title: 2010/494/EU, Euratom: Decision of the European Parliament of 5 May 2010 on discharge in respect of the implementation of the European Union general budget for the financial year 2008, Section III — Commission

text:
               25.9.2010

               EN

               Official Journal of the European Union

               L 252/28

         DECISION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   on discharge in respect of the implementation of the European Union general budget for the financial year 2008, Section III — Commission
   (2010/494/EU, Euratom)
   THE EUROPEAN PARLIAMENT,
   having regard to the European Union general budget for the financial year 2008 (1),
   having regard to the final annual accounts of the European Communities for the financial year 2008 — Volume I (SEC(2009) 1089 — C7-0172/2009) (2),
   having regard to the Commission’s annual report to the European Parliament on the follow-up to 2007 discharge decisions (COM(2009) 526), and to the Commission staff working document accompanying that report (SEC(2009) 1427),
   having regard to the Commission communication entitled ‘Synthesis of the Commission’s management achievements in 2008’ (COM(2009) 256),
   having regard to the Commission’s annual report to the discharge authority on internal audits carried out in 2008 (COM(2009) 419), and to the Commission staff working document accompanying that report (SEC(2009) 1102),
   having regard to the Commission’s report on Member States’ replies to the Court of Auditors’ 2008 annual report (SEC(2010) 0178 and SEC(2010) 196),
   having regard to the Green Paper on the European transparency initiative, adopted by the Commission on 3 May 2006 (COM(2006) 194),
   having regard to Opinion No 2/2004 of the Court of Auditors on the ‘single audit’ model (and a proposal for a Community internal control framework) (3),
   having regard to the Commission communication on a roadmap to an integrated internal control framework (COM(2005) 252),
   having regard to the Commission action plan towards an Integrated Internal Control Framework (COM(2006) 9), the report on the Commission action plan towards an integrated internal control framework (COM(2008) 110), and the Commission staff working document accompanying that report (SEC(2008) 259),
   having regard to the Impact Report on the Commission action plan towards an integrated internal control framework (COM(2009) 43),
   having regard to Opinion No 6/2007 of the Court of Auditors on the annual summaries of Member States; ‘national declarations’ of Member States; and audit work on EU funds of national audit bodies (4),
   having regard to the Commission’s action plan to strengthen the Commission’s supervisory role under shared management of structural actions (COM(2008) 97) and the interim report on the follow-up to that action plan (SEC(2009) 1463),
   having regard to the Commission’s report on progress in Bulgaria under the Cooperation and Verification Mechanism (COM(2009) 402) and the supporting document accompanying that report (SEC(2009) 1074),
   having regard to the Commission’s report on progress in Romania under the Cooperation and Verification Mechanism (COM(2009) 401) and the supporting document accompanying that report (SEC(2009) 1073),
   having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2008, together with the institutions’ replies (5), and to the Court of Auditors’ special reports,
   having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions, provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (6),
   having regard to the Commission communication of 16 December 2008 on a common understanding of the concept of tolerable risk of error (COM(2008) 866), and to the Commission staff working document accompanying that communication (SEC(2008) 3054),
   having regard to the Council’s recommendation of 16 February 2010 on the discharge to be given to the Commission in respect of the implementation of the budget for the financial year 2008 (5826/2010 — C7-0054/2010),
   having regard to Articles 274, 275 and 276 of the EC Treaty, Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union and Articles 179a and 180b of the Euratom Treaty,
   having regard to international audit standards and international accounting standards, in particular those applying to the public sector,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (7), and in particular Articles 145, 146 and 147 thereof,
   having regard to Rule 76 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinions of the other committees concerned (A7-0099/2010),

               A.

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

               1.

               Grants the Commission discharge in respect of the implementation of the European Union general budget for the financial year 2008;

               2.

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

               3.

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

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 71, 14.3.2008.

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

      (3)  OJ C 107, 30.4.2004, p. 1.

      (4)  OJ C 216, 14.9.2007, p. 3.

      (5)  OJ C 269, 10.11.2009, p. 1.

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

      (7)  OJ L 248, 16.9.2002, p. 1.


Avis juridique important

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32002D0262

2002/262/EC,ECSC,Euratom: Decision of the European Parliament of 14 March 2002 amending Decision 94/262/ECSC, EC, Euratom on the regulations and general conditions governing the performance of the Ombudsman's duties

Official Journal L 092 , 09/04/2002 P. 0013 - 0014

Decision of the European Parliamentof 14 March 2002amending Decision 94/262/ECSC, EC, Euratom on the regulations and general conditions governing the performance of the Ombudsman's duties(2002/262/EC, ECSC, Euratom)THE EUROPEAN PARLIAMENT,Having regard to the Treaty establishing the European Community and in particular Article 195(2) thereof,Having regard to the Treaty establishing the European Coal and Steel Community and in particular Article 20 D(4) thereof,Having regard to the Treaty establishing the European Atomic Energy Community and in particular Article 107 D(4) thereof,Having regard to the European Parliament resolution of 17 November 2000 on the modification of the European Parliament's decision of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties(1),Having regard to the opinion of the Commission,With the approval of the Council,Whereas:(1) Pursuant to Article 22, paragraph 5, of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities(2), the Ombudsman is treated as an institution for the purposes of that Regulation.(2) Council Regulation (EC, ECSC, Euratom) No 2673/1999 amending the Financial Regulation created a specific section for the Ombudsman in the general budget of the European Union and amended the provisions of the Financial Regulation relative thereto accordingly.(3) It is therefore necessary to amend European Parliament Decision 94/262/ECSC, EC, Euratom of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties(3) since it provides for the budget of the Ombudsman to be placed in an annex to Section I (Parliament) of the general budget of the European Communities.(4) Articles 12 and 16 of that decision must therefore be deleted.HEREBY DECIDES:Article 1Articles 12 and 16 of decision 94/262/ECSC, EC, Euratom shall be deleted.Article 2This decision shall be published in the Official Journal of the European Communities.Article 3This decision shall take effect on the date of its publication.It shall be applicable with effect from 1 January 2000.Done at Strasbourg, 14 March 2002.For the European ParliamentThe PresidentP. Cox(1) OJ C 223, 8.8.2001, p. 366.(2) OJ L 356, 31.12.1977, p. 1. Regulation amended by Regulation (EC, ECSC, Euratom) No 2673/1999 (OJ L 326, 18.2.1999, p. 1).(3) OJ L 113, 4.5.1994, p. 15.


title: 2008/870/EC: Council Decision of 13 October 2008 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Cuba pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union

text:
               19.11.2008

               EN

               Official Journal of the European Union

               L 308/27

         COUNCIL DECISION
   of 13 October 2008
   on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Cuba pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union
   (2008/870/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On 29 January 2007 the Council authorised the Commission to open negotiations with certain other Members of the WTO under Article XXIV:6 of the General Agreement on Tariffs and Trade (GATT) 1994, in the course of the accessions to the European Community of the Republic of Bulgaria and Romania.

               (2)

               Negotiations have been conducted by the Commission in consultation with the Committee established by Article 133 of the Treaty and within the framework of the negotiating directives issued by the Council.

               (3)

               The Commission has finalised negotiations for an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Cuba. The Agreement should be approved.

               (4)

               The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (1),

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement in the form of an Exchange of Letters between the European Community and the Republic of Cuba pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union is hereby approved on behalf of the Community.
   The text of the Agreement is attached to this Decision.
   Article 2
   The detailed rules for implementing the Agreement shall be adopted in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (2).
   Article 3
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in the form of an Exchange of Letters referred to in Article 1 in order to bind the Community (3).

      Done at Luxembourg, 13 October 2008.

            For the Council

            The President

         B. KOUCHNER

      (1)  OJ L 184, 17.7.1999, p. 23.

      (2)  OJ L 299, 16.11.2007, p. 1.

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

               19.11.2008

               EN

               Official Journal of the European Union

               L 308/29

         AGREEMENT
   in the form of an Exchange of Letters between the European Community and the Republic of Cuba pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union
   Geneva, 24 October 2008
   Sir,
   Following negotiations under Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of the Schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union, the European Community and the Republic of Cuba have agreed as follows:
   The European Community will incorporate in its schedule, for the customs territory of the EC-27, the following modification:

               Add a country allocation (for Cuba) of 10 000 tonnes to the current volume of 106 925 tonnes in the EC tariff rate quota for raw cane sugar for refining (CN code 1701 11 10), maintaining the present in-quota rate of 98 EUR/t/net.

               For marketing year 2008/2009 the country allocation for Cuba will be 20 000 tonnes. As from the marketing year 2009/2010 the country allocation for Cuba will be 10 000 tonnes.

         The Republic of Cuba accepts the European Community approach to netting-out of tariff rate quotas as a way of adjusting the GATT obligations of the EC-25 and those of the Republic of Bulgaria and Romania following the recent enlargement of the European Community.
   This agreement will enter into force two months after the date of the signed letter from the Republic of Cuba.

         On behalf of the European Community

      Съставено в Женева на двадесет и четвърти октомври две хиляди и осма година.
      Hecho en Ginebra, el veinticuatro de octubre de dos mil ocho.
      V Ženevě dne dvacátého čtvrtého října dva tisíce osm.
      Udfærdiget i Geneve, den fireogtyvende oktober to tusind og otte.
      Geschehen zu Genf am vierundzwanzigsten Oktober zweitausendundacht.
      Genfis kahe tuhande kaheksanda aasta oktoobrikuu kahekümne neljandal päeval.
      Έγινε στις Γενεύη, στις είκοσι τέσσερις Οκτωβρίου δύο χιλιάδες οκτώ.
      Done at Geneva, on the twenty-fourth day of October in the year two thousand and eight.
      Fait à Genève, le vingt-quatre octobre deux mille huit.
      Fatto a Ginevra, addì ventiquattro ottobre duemilaotto.
      Ženēvā, divtūkstoš astotā gada divdesmit ceturtajā oktobrī.
      Ženeva, du tūkstančiai aštuntųjų metų spalio dvidešimt ketvirta diena.
      Kelt Genfben, a kettőezer nyolcadik év október havának huszonnegyedik napján.
      Magħmula f'Ġinevra, fl-erbgħa u għoxrin ta' Ottubru ta' l-elfejn u tmienja.
      Gedaan te Genève, de vierentwingtigste oktober tweeduizend acht.
      Sporządzono w Genewie dnia dwudziestego czwartego października dwa tysiące ósmego roku.
      Feito em Genebra, em vinte e quatro de Outubro de dois mil e oito.
      Încheiat la Geneva la douăzeci și patru octombrie două mii opt.
      V Ženeve dvadsiateho štvrtého októbra dvetisícosem.
      V Ženevi, štiriindvajsetega oktobra dva tisoč osem.
      Tehty Genevessä kahdentenakymmenentenäneljänä päivänä lokakuuta vuonna kaksituhattakahdeksan.
      Utfärdat i Genève den tjugofjärde oktober tjugohundraåtta.

         За Европейската общност
         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         Az Európai Közösség részéről
         Għall-Komunità Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Pentru Comunitatea Europeană
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         För Europeiska gemenskapen

   Geneva, 24 October 2008
   Sir,
   With reference to your letter stating:
   ‘Following negotiations under Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of the Schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union, the European Community and the Republic of Cuba have agreed as follows:
   The European Community will incorporate in its schedule, for the customs territory of the EC-27, the following modification:

               Add a country allocation (for Cuba) of 10 000 tonnes to the current volume of 106 925 tonnes in the EC tariff rate quota for raw cane sugar for refining (CN code 1701 11 10), maintaining the present in-quota rate of 98 EUR/t/net.

               For marketing year 2008/2009 the country allocation for Cuba will be 20 000 tonnes. As from the marketing year 2009/2010 the country allocation for Cuba will be 10 000 tonnes.

         The Republic of Cuba accepts the European Community approach to netting-out of tariff rate quotas as a way of adjusting the GATT obligations of the EC-25 and those of the Republic of Bulgaria and Romania following the recent enlargement of the European Community.
   This agreement will enter into force two months after the date of the signed letter from the Republic of Cuba.’.
   I hereby have the honour to express my Government’s agreement.

         On behalf of the Republic of Cuba

      Hecho en Ginebra, el veinticuatro de octubre de dos mil ocho.
      Съставено в Женева на двадесет и четвърти октомври две хиляди и осма година.
      V Ženevě dne dvacátého čtvrtého října dva tisíce osm.
      Udfærdiget i Geneve, den fireogtyvende oktober to tusind og otte.
      Geschehen zu Genf am vierundzwanzigsten Oktober zweitausendundacht.
      Genfis kahe tuhande kaheksanda aasta oktoobrikuu kahekümne neljandal päeval.
      Έγινε στη Γενεύη, στις είκοσι τέσσερις Οκτωβρίου δύο χιλιόιδες οκτώ.
      Done at Geneva, on the twenty-fourth day of October in the year two thousand and eight.
      Fait à Genève, le vingt-quatre octobre deux mille huit.
      Fatto a Ginevra, addì ventiquattro ottobre duemilaotto.
      Ženēvā, divtūkstoš astotā gada divdesmit ceturtajā oktobrī.
      Ženeva, du tūkstančiai aštuntųjų metų spalio dvidešimt ketvirta diena.
      Kelt Genfben, a kettőezer nyolcadik év október havának huszonnegyedik napján.
      Magħmula f'Ġinevra, fl-erbgħa u għoxrin ta' Ottubru ta' l-elfejn u tmienja.
      Gedaan te Genève, de vierentwingtigste oktober tweeduizend acht.
      Sporządzono w Genewie, dnia dwudziestego czwartego października dwa tysiące ósmego roku.
      Feito em Genebra, em vinte e quatro de Outubro de dois mil e oito.
      Încheiat la Geneva la douăzeci și patru octombrie două mii opt.
      V Ženeve dvadsiateho štvrtého októbra dvetisícosem.
      V Ženevi, štiriindvajsetega oktobra dva tisoč osem.
      Tehty Genevessä kahdentenakymmenentenäneljänä päivänä lokakuuta vuonna kaksituhattakahdeksan.
      Utfärdat i Genève den tjugofjärde oktober tjugohundraåtta.

         Por la República de Cuba
         За Република Куба
         Za Kubánskou republiku
         For Det Republikken Cuba
         Für die Republik Kuba
         Kuuba Vabariigi nimel
         Για τη Δημοκρατία της Κούβας
         For the Republic of Cuba
         Pour la République de Cuba
         Per la Repubblica di Cuba
         Kubas Republikas vāradā —
         Kubos Respublikos vardu
         A Kubai Köztársaság résezéről
         Għar-Repubblika ta' Kuba
         Voor de Republiek Cuba
         W imieniu Republiki Kuby
         Pela República de Cuba
         Pentru Republica Cuba
         Za Kubánsku republiku
         Za Republiko Kubo
         Kuuban tasavallan puolesta
         För Republiken Kubas vägnar


Avis juridique important

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31985D0198

85/198/EEC: Council Decision of 12 March 1985 adopting a research and development programme in the field of non-nuclear energy (1985 to 1988)

Official Journal L 083 , 25/03/1985 P. 0016 - 0019 Spanish special edition: Chapter 16 Volume 1 P. 0245  Portuguese special edition Chapter 16 Volume 1 P. 0245

+++++( 1 ) OJ NO C 218 , 13 . 8 . 1983 , P . 4 AND OJ NO C 154 , 14 . 6 . 1984 , P . 5 .  ( 2 ) OJ NO C 322 , 28 . 11 . 1983 , P . 279 AND OJ NO C 72 , 18 . 3 . 1985 , P . 30 .  ( 3 ) OJ NO C 341 , 19 . 12 . 1983 , P . 27 AND OJ NO C 25 , 28 . 1 . 1985 , P . 23 .  ( 4 ) OJ NO C 149 , 18 . 6 . 1980 , P . 1 .  ( 5 ) OJ NO C 208 , 4 . 8 . 1983 , P . 1 .  ( 6 ) OJ NO L 231 , 2 . 9 . 1975 , P . 1 .  ( 7 ) OJ NO L 231 , 13 . 9 . 1979 , P . 30 .  ( 8 ) OJ NO L 195 , 19 . 7 . 1983 , P . 1 .  ( 9 ) OJ NO L 195 , 19 . 7 . 1983 , P . 6 .  ( 10 ) OJ NO L 177 , 4 . 7 . 1984 , P . 25 .  COUNCIL DECISION OF 12 MARCH 1985 ADOPTING A RESEARCH AND DEVELOPMENT PROGRAMME IN THE FIELD OF NON-NUCLEAR ENERGY ( 1985 TO 1988 ) ( 85/198/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 PROPOSALS 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 ON 9 JUNE 1980 THE COUNCIL ADOPTED A RESOLUTION CONCERNING COMMUNITY ENERGY POLICY OBJECTIVES FOR 1990 AND CONVERGENCE OF THE POLICIES OF THE MEMBER STATES ( 4 ) ;  WHEREAS THE IMPLEMENTATION OF AN ENERGY STRATEGY FOR THE COMMUNITY CALLS FOR PRIORITY TO BE GIVEN TO STRENGTHENING RESEARCH , DEVELOPMENT AND DEMONSTRATION POLICIES AT COMMUNITY LEVEL ;  WHEREAS ON 25 JULY 1983 THE COUNCIL ADOPTED A RESOLUTION ( 5 ) ON FRAMEWORK PROGRAMMES FOR COMMUNITY RESEARCH DEVELOPMENT AND DEMONSTRATION ACTIVITIES AND A FIRST FRAMEWORK PROGRAMME 1984 TO 1987 ;  WHEREAS THE ENERGY RESEARCH AND DEVELOPMENT PROGRAMMES ADOPTED BY DECISIONS 75/510/EEC ( 6 ) AND 79/785/EEC ( 7 ) HAVE PRODUCED ENCOURAGING RESULTS AND OPENED UP PROMISING PROSPECTS IN RELATION TO THE OBJECTIVES SOUGHT ;  WHEREAS THE RESEARCH AND DEVELOPMENT ACTIVITIES REFERRED TO IN THIS DECISION THEREFORE SEEM NECESSARY AND ARE AN APPROPRIATE MEANS OF FOLLOWING UP THE PROJECTS ALREADY IN PROGRESS , AND OF STARTING NEW ONES , WITH A VIEW TO ATTAINING THE OBJECTIVES AIMED AT ;  WHEREAS IT IS APPROPRIATE THAT THE ACTIVITIES COVERED BY THIS PROGRAMME BE SUPPLEMENTED BY RESEARCH AND DEVELOPMENT ACTIVITIES IN THE HYDROCARBONS FIELD ;  WHEREAS REGULATIONS ( EEC ) NO 1971/83 ( 8 ) AND ( EEC ) NO 1972/83 ( 9 ) PROVIDE FOR THE GRANTING OF FINANCIAL SUPPORT FOR PILOT INDUSTRIAL PROJECTS AND DEMONSTRATION PROJECTS RELATING TO THE LIQUEFACTION AND GASIFICATION OF SOLID FUELS AND FOR DEMONSTRATION PROJECTS RELATING TO THE EXPLOITATION OF ALTERNATIVE ENERGY SOURCES AND TO ENERGY SAVING AND THE SUBSTITUTION OF HYDROCARBONS ;  WHEREAS SUCH SUPPORT IS TO BE GRANTED SOLELY TO PROJECTS PROVEN INDUSTRIALLY AND COMMERCIALLY VIABLE BY PREVIOUS STUDIES AND RESEARCH ;  WHEREAS THE TREATY DOES NOT PROVIDE THE SPECIFIC POWERS NECESSARY FOR THE ADOPTION OF THIS DECISION ;  HAVING REGARD TO THE OPINIONS OF THE SCIENTIFIC AND TECHNICAL RESEARCH COMMITTEE ( CREST ) ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  A RESEARCH AND DEVELOPMENT PROGRAMME OF THE EUROPEAN ECONOMIC COMMUNITY IN THE FIELD OF NON-NUCLEAR ENERGY AS DEFINED IN THE ANNEX IS HEREBY ADOPTED FOR A FOUR-YEAR PERIOD STARTING ON 1 JANUARY 1985 .  ARTICLE 2  THE FUNDS ESTIMATED AS NECESSARY FOR THE EXECUTION OF THE PROGRAMME AMOUNT TO 175 MILLION ECU , INCLUDING EXPENDITURE ON A STAFF OF 40 .  ARTICLE 3  THE COMMISSION SHALL BE RESPONSIBLE FOR THE IMPLEMENTATION OF THE PROGRAMME AND SHALL BE ASSISTED BY A MANAGEMENT AND COORDINATION ADVISORY COMMITTEE ( CGC ) ( NON-NUCLEAR ENERGY ) SET UP BY DECISION 84/338/EURATOM , ECSC , EEC ( 10 ) .  ARTICLE 4  IN THE LIGHT OF THE EXPERIENCE GAINED IN THE COURSE OF IMPLEMENTING THE PROGRAMME AND AFTER RECEIVING THE OPINION OF THE MANAGEMENT AND COORDINATION ADVISORY COMMITTEE ( CGC ) THE COMMISSION SHALL BE AUTHORIZED TO TRANSFER FUNDS FROM ONE SUBPROGRAMME TO ANOTHER , PROVIDED THAT THE FINAL APPROPRIATION FOR ANY SUBPROGRAMME DOES NOT DIFFER BY MORE THAN 15 % FROM THE ORIGINAL APPROPRIATION AS SET OUT INDICATIVELY IN THE ANNEX HERETO .  ARTICLE 5  DURING THE SECOND YEAR , THE PROGRAMME SHALL BE REVIEWED . THE RESULT OF THAT REVIEW SHALL BE COMMUNICATED TO THE COUNCIL AND THE EUROPEAN PARLIAMENT . THAT REVIEW MAY LEAD TO THE COMMISSION SUBMITTING A PROPOSAL FOR A REVISION OF THE PROGRAMME IN ACCORDANCE WITH THE APPROPRIATE PROCEDURES .  DONE AT BRUSSELS , 12 MARCH 1985 .  FOR THE COUNCIL  THE PRESIDENT  F . M . PANDOLFI  ANNEX  RESEARCH AND DEVELOPMENT PROGRAMME IN THE FIELD OF NON-NUCLEAR ENERGY  THE OBJECTIVES OF THIS PROGRAMME ARE SET OUT IN THE FOLLOWING SUBPROGRAMMES , WHICH WILL BE CARRIED OUT UNDER COST-SHARING CONTRACTS :  DEVELOPMENT OF RENEWABLE SOURCES OF ENERGY  1 . SOLAR ENERGY  BY WAY OF INDICATION , THE FUNDS ESTIMATED AS NECESSARY FOR THE EXECUTION OF THIS SUBPROGRAMME AMOUNT TO 35,5 MILLION ECU .  A . SOLAR ENERGY APPLICATIONS IN BUILDINGS  B . THERMOMECHANICAL SOLAR-POWER PLANTS  C . PHOTOVOLTAIC POWER GENERATION  D . SOLAR RADIATION DATA  E . SOLAR ENERGY APPLICATION IN AGRICULTURE AND RELATED INDUSTRY  2 . ENERGY FROM BIOMASS  BY WAY OF INDICATION , THE FUNDS ESTIMATED AS NECESSARY FOR THE EXECUTION OF THIS SUBPROGRAMME AMOUNT TO 20 MILLION ECU .  A . DEVELOPMENT AND RECOVERY OF BIOMASS FOR ENERGY PURPOSES  B . BIOMASS CONVERSION TECHNOLOGIES  C . UTILIZATION OF BIOMASS AS A SOURCE OF ENERGY  D . PHOTOCHEMICAL AND PHOTOBIOLOGICAL PROCESSES  3 . WIND ENERGY  BY WAY OF INDICATION , THE FUNDS ESTIMATED AS NECESSARY FOR THE EXECUTION OF THIS SUBPROGRAMME AMOUNT TO 18 MILLION ECU .  A . ASSESSMENT OF RESOURCES IN EUROPE  B . WIND-GENERATOR EXPERIMENTS  C . DEVELOPMENT OF TECHNOLOGIES AND PROTOTYPES  4 . GEOTHERMAL ENERGY  BY WAY OF INDICATION , THE FUNDS ESTIMATED AS NECESSARY FOR THE EXECUTION OF THIS SUBPROGRAMME AMOUNT TO 21 MILLION ECU .  A . EXPLORATION AND ASSESSMENT OF RESOURCES  B . PROPERTIES OF GEOTHERMAL RESERVOIRS  C . PRODUCTION AND MANAGEMENT OF RESERVOIRS  D . UTILIZATION AND CONSERVATION OF RESOURCES  E . HOT DRY ROCKS  F . TRAINING AND EDUCATION  RATIONAL USE OF ENERGY  5 . ENERGY CONSERVATION  BY WAY OF INDICATION , THE FUNDS ESTIMATED AS NECESSARY FOR THE EXECUTION OF THIS SUBPROGRAMME AMOUNT TO 26,5 MILLION ECU .  A . BUILDINGS  B . INDUSTRY  C . TRANSPORT  D . ENERGY STORAGE  6 . UTILIZATION OF SOLID FUELS  BY WAY OF INDICATION , THE FUNDS ESTIMATED AS NECESSARY FOR THE EXECUTION OF THIS SUBPROGRAMME AMOUNT TO 20 MILLION ECU .  A . HEAT AND POWER PRODUCTION  B . TRANSPORTATION AND HANDLING OF SOLID FUELS  C . SOLID FUELS SCIENCE  7 . PRODUCTION AND UTILIZATION OF NEW ENERGY VECTORS  BY WAY OF INDICATION , THE FUNDS ESTIMATED AS NECESSARY FOR THE EXECUTION OF THIS SUBPROGRAMME AMOUNT TO 10 MILLION ECU .  A . PRODUCTION OF SYNTHETIC FUELS FROM COAL  B . PRODUCTION OF SYNTHETIC FUELS FROM BIOMASS  C . STUDIES ON SYSTEMS AND MATERIALS SPECIFIC TO THESE TWO PRODUCTION METHODS  D . GENERATION OF HYDROGEN FOR SYNTHETIC FUEL PRODUCTION  E . FUEL CELLS  8 . OPTIMIZATION OF HYDROCARBON PRODUCTION AND USE  BY WAY OF INDICATION , THE FUNDS ESTIMATED AS NECESSARY FOR THE EXECUTION OF THIS SUBPROGRAMME AMOUNT TO 15 MILLION ECU .  A . IMPROVEMENT IN THE KNOWLEDGE OF HYDROCARBONS DEPOSITS  B . USE OF NATURAL GAS  C . USE OF PETROLEUM HEAVY FRACTIONS  D . FUEL/ENGINE MATCHING  9 . ENERGY SYSTEMS ANALYSIS AND MODELLING  BY WAY OF INDICATION , THE FUNDS ESTIMATED AS NECESSARY FOR THE EXECUTION OF THIS SUBPROGRAMME AMOUNT TO 9 MILLION ECU .  A . MAINTENANCE AND UTILIZATION OF EXISTING MODELS  B . DEVELOPMENT OF NEW MODELS  C . APPLICATION OF THE MODELS AND CONSOLIDATION OF THE ASSOCIATED INFRASTRUCTURE


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31991D0096

91/96/EEC: Council Decision of 21 December 1990 concerning the provisional application of the agreed minute amending the Agreement between the European Economic Community and the Republic of Hungary on trade in textile products

Official Journal L 053 , 27/02/1991 P. 0022 - 0022

COUNCIL DECISION  of 21 December 1990   concerning the provisional application of the Agreed Minute amending the Agreement between the  European Economic Community and the Republic of Hungary on trade in textile products (91/96/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular  Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas, pursuant to Decision 87/549/EEC(1), the Agreement between the European Economic Community  and the Republic of Hungary on trade in textile products, initialled on 11 July 1986, has been  provisionally applied, in so far as it affects the Community, since 1 January 1987, pending  completion of the procedures necessary for its conclusion;  Whereas that Agreement includes provision for consultations;  Whereas Hungary accepted the Community's offer to integrate into the Agreement for 1991 provisions  for the reimport of textile products after processing, manufacturing or working in that country, in  accordance with the relevant Community legislation;  Whereas it was agreed that the Agreed Minute of the consultations that took place on that matter  will be applied provisionally as from 1 January 1991 pending the  completion of the procedures necessary for its conclusion, provided that there is a reciprocal  provisional application on the part of the other Contracting Party,  HAS DECIDED AS FOLLOWS: Sole Article The Agreed Minute amending the Agreement between the European  Economic Community and the Republic of Hungary on trade in textile products shall be applied  provisionally as from 1 January 1991 pending its formal conclusion, providing that there is a  reciprocal provisional application by the other Contracting Party.  The text of the Agreed Minute is attached to this Decision.  Done at Brussels, 21 December 1990.  For the Council The President A. RUBERTI (1)OJ N° L 331, 21. 11. 1987, p. 1.


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31978D0666

78/666/EEC: Council Decision of 25 July 1978 concerning the conclusion of the Financial Protocol between the European Economic Community and Greece

Official Journal L 225 , 16/08/1978 P. 0025

++++ ( 1 ) OJ N C 163 , 11 . 7 . 1977 , P . 41 ,   ( 2 ) SEE PAGE 32 OF THIS OFFICIAL JOURNAL .  COUNCIL DECISION  OF 25 JULY 1978  CONCERNING THE CONCLUSION OF THE FINANCIAL PROTOCOL BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND GREECE   ( 78/666/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 238 THEREOF ,  HAVING REGARD TO THE RECOMMENDATION FROM THE COMMISSION ,  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ,  WHEREAS THE FINANCIAL PROTOCOL BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND GREECE , SIGNED IN BRUSSELS ON 28 FEBRUARY 1977 , SHOULD BE APPROVED ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE FINANCIAL PROTOCOL BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND GREECE IS HEREBY APPROVED ON BEHALF OF THE COMMUNITY .  THE TEXT OF THE FINANCIAL PROTOCOL IS ANNEXED TO THIS DECISION .  ARTICLE 2  THE PRESIDENT OF THE COUNCIL SHALL GIVE THE NOTIFICATION PROVIDED FOR IN ARTICLE 13 ( 1 ) OF THE PROTOCOL ( 2 ) .  DONE AT BRUSSELS , 25 JULY 1978 .  FOR THE COUNCIL  THE PRESIDENT  K . VON DOHNANYI


title: 2009/897/EC: Council Decision of 30 November 2009 on the conclusion of the Agreement between the European Community and the Commonwealth of the Bahamas on the short-stay visa waiver

text:
               8.12.2009

               EN

               Official Journal of the European Union

               L 321/39

         COUNCIL DECISION
   of 30 November 2009
   on the conclusion of the Agreement between the European Community and the Commonwealth of the Bahamas on the short-stay visa waiver
   (2009/897/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular point 2(b)(i) of Article 62, in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Parliament (1),
   Whereas:

               (1)

               The Commission has negotiated on behalf of the European Community an Agreement with the Commonwealth of the Bahamas on the short-stay visa waiver (hereinafter ‘the Agreement’).

               (2)

               The Agreement was signed on behalf of the Community on 28 May 2009 and has been provisionally applied since that date, subject to its conclusion at a later date, in accordance with Council Decision 2009/481/EC (2).

               (3)

               The Agreement should be approved.

               (4)

               The Agreement establishes a Joint Committee for the management of the Agreement, which should adopt its rules of procedure. It is appropriate to provide for a simplified procedure for the establishment of the Community position on the adoption of those rules of procedure.

               (5)

               In accordance with Articles 1 and 2 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, and without prejudice to Article 4 of the said Protocol, these Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and the Commonwealth of the Bahamas on the short-stay visa waiver (3) is hereby approved on behalf of the Community.
   Article 2
   The President of the Council shall give the notification provided for in Article 8(1) of the Agreement (4).
   Article 3
   The Community shall be represented by the Commission, assisted by experts from Member States, in the Joint Committee of experts established by Article 6 of the Agreement.
   Article 4
   The position of the Community within the Joint Committee of experts with regard to the adoption of its rules of procedure as required under Article 6(4) of the Agreement shall be taken by the Commission after consultation with a special committee designated by the Council.
   Article 5
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 30 November 2009.

            For the Council

            The President

         B. ASK

      (1)  Opinion of 20 October 2009 (not yet published in the Official Journal).

      (2)  OJ L 169, 30.6.2009, p. 23.

      (3)  For the text of the Agreement see OJ L 169, 30.6.2009, p. 24.

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


title: Council Decision of 9 March 2012 appointing one member of the Management Board of the European Chemicals Agency

text:
               13.3.2012

               EN

               Official Journal of the European Union

               C 74/7

         COUNCIL DECISION
   of 9 March 2012
   appointing one member of the Management Board of the European Chemicals Agency
   2012/C 74/04
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency (1), and in particular Article 79 thereof,
   Whereas:

               (1)

               Article 79 of Regulation (EC) No 1907/2006 provides that the Council is to appoint as members of the Management Board of the European Chemicals Agency (‘the Management Board’) one representative from each Member State.

               (2)

               By Decision of 17 May 2011 (2) the Council appointed 15 members of the Management Board, including one from Portugal.

               (3)

               The Portuguese Government has informed the Council of its intention to replace the Portuguese representative on the Management Board and has submitted a nomination for a new representative, who should be appointed for a period which runs until 31 May 2015,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mr Paulo Guilherme DA SILVA LEMOS of Portuguese nationality, born on 9 July 1963, shall be appointed member of the Management Board of the European Chemicals Agency in place of Mr Mário GRÁCIO for the period from 15 March 2012 to 31 May 2015.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 9 March 2012.

            For the Council

            The President

         I. AUKEN

      (1)  OJ L 396, 30.12.2006, p. 1.

      (2)  OJ C 151, 21.5.2011, p. 1.


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41993D0008

93/8/ECSC: Decision of the representatives of the Governments of the Member States, meeting within the Council of 8 January 1993 amending Decision 92/470/ECSC concerning certain technical modalities in connection with the application of Decision 92/285/ECSC prohibiting trade between the European Coal and Steel Community and the Republics of Serbia and Montenegro

Official Journal L 007 , 13/01/1993 P. 0011 - 0012

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL of 8 January 1993 amending Decision 92/470/ECSC concerning certain technical modalities in connection with the application of Decision 92/285/ECSC  prohibiting trade between the European Coal and Steel Community and the Republics of Serbia and Montenegro(93/8/ECSC)THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE  COUNCIL,  Whereas, on 1 June 1992, the Representatives of the Governments of the Member States, meeting within the Council, adopted Decision 92/285/ECSC, prohibiting trade between the European Coal and Steel Community and the Republics of Serbia and Montenegro  (1);  Whereas, by Decision 92/470/ECSC (2), the Representatives of the Member States of the European Coal and Steel Community established certain technical modalities in connection with the application of Decision 92/285/ECSC;  Whereas it is of the utmost importance to ensure an effective application of the embargo on the Republics of Serbia and Montenegro;  Whereas a system of Sanctions Assistance Missions has been established within the framework of the Conference on Security and Cooperation in Europe (CSCE);  Whereas a Sanctions Assistance Mission already functions effectively in the territory of the former Yugoslav Republic of Macedonia and will be established in the Republic of Croatia;  Whereas this system of Sanctions Assistance Missions enables the competent authorities of the Republic of Croatia and of the former Yugoslav Republic of Macedonia to control effectively the exports from or through its territory to the Republics of  Serbia and Montenegro;  Whereas the current state of war in the Republic of Bosnia-Herzegovina makes it difficult at this stage to establish a Sanctions Assistance Mission in this Republic;  Whereas, under these circumstances, the technical modalities, as established by Decision 92/470/ECSC, have or will become redundant as far as the Republic of Croatia and the former Yugoslav Republic of Macedonia are concerned;  In agreement with the Commission,  HAVE DECIDED AS FOLLOWS: Article 1 As from 15 January 1993, Articles 1 and 2 of Decision 92/470/ECSC shall be replaced by the following:  'Article 1 The export to the Republic of Bosnia-Herzegovina of all commodities and products covered by the ECSC Treaty and originating in, or coming from, the Community shall be subject to the presentation of a prior authorization for export to this Republic by  the competent authorities of the Member States.  Article 2 The prior export authorization shall be issued under the condition that an import licence has been issued by the competent authorities of the Republic of Bosnia-Herzegovina.  It must be guaranteed that these authorities will confirm the arrival of the goods covered by the prior export authorization.' Article 2 This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.Done at Brussels, 8 January 1993.  The President U. ELLEMANN JENSEN (01) OJ No L 151, 3. 6. 1992, p. 20.(02) OJ No L 266, 12. 9. 1992, p. 29.


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31988D0047

88/47/EEC: Commission Decision of 26 January 1988 accepting an undertaking given in connection with the anti-dumping review proceeding concerning imports of a herbicide originating in Romania

Official Journal L 026 , 30/01/1988 P. 0107 - 0110

*****COMMISSION  DECISION  of 26 January 1988  accepting an undertaking given in connection with the anti-dumping review proceeding concerning imports of a herbicide originating in Romania  (88/47/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2176/84 of 23 July 1984 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), as amended by Regulation (EEC) No 1761/82 (2), and in particular Article 15 thereof,  After consultation within the Advisory Committee as provided for under the above Regulation,  Whereas:  A. Procedure  (1) By Council Regulation (EEC) No 955/79 (3), a definitive anti-dumping duty of 40 % was imposed on a herbicide, DNBP technical (Dinoseb), originating in Romania. The anti-dumping proceeding was re-opened in 1981 following a request by the complainant for a review of the measures in force. The Commission conducted a further investigation but concluded on 6 May 1982, in its Decision (82/285/EEC) (4), that no alteration to the definitive duty of 40 % was required and that in consequence the review proceeding should be terminated.  In December 1986, the Commission gave notice (5) of the impending expiry of the anti-dumping duty pursuant to Article 15 of Regulation (EEC) No 2176/84.  On 29 May 1987, the Commission reopened the anti-dumping proceeding concerning DNBP technical originating in Romania following a request for a review of the measures lodged by the European Council of Chemical Manufacturers' Federations (CEFIC) on behalf of Community manufacturers representing a major proportion of Community production of the product concerned (6). The request for review contained evidence that the expiry of the existing measures would lead to a threat of injury to Community producers. The product referred to in the request for a review is the herbicide, Dinoseb (4,6-dinitro-o-sec butylphenol-DNBP), which is a contact herbicide employed in various agricultural uses and also in the manufacture of polystyrene. It corresponds to combined nomenclature codes 2908 90 10 and ex 3808 30 10.  (2) The Commission officially so advised the exporter and importers known to be concerned, the representatives of the exporting country and the complainant, and give the parties directly concerned the opportunity to make known their views in writing and to request a hearing.  Two Community producers, the exporter concerned and some importers made their views known in writing. In addition, the exporter  concerned requested and was granted a hearing and proposed a confrontation meeting with the Community producers. The latter indicated that they were unwilling to participate in such a meeting.  (3) The Commission sought and verified all information it considered necessary and carried out investigations at the premises of A. H. Marks, Bradford, United Kingdom. Information relating to the other main Community producer, SNPE, was also verified.  (4) The Commission requested and received detailed written submissions from the complainant Community producers, the exporter and several importers, and verified the information therein to the extent considered necessary.  (5) The investigation of dumping covered the period 1 May 1986 to 30 April 1987.  B. Normal value  (6) Since Romania is a non-market economy country within the meaning of Article 2 (5) of Regulation (EEC) No 2176/84, the Commission was obliged to avail itself of one of the methods for determining normal value set down in that Article. As the United States of America is the only market economy country outside the Community in which DNBP technical was produced in the investigation period, the Commission chose, as it had in its previous anti-dumping investigations relating to this product, the prices of the largest producer in that country as the basis for calculating normal value. Those prices were verified at an on-the-spot inspection of the US producer concerned.  (7) The Romanian exporter, Danubiana, questioned the Commission's choice of analogue country for determining normal value on the grounds that sales of the product ceased in the United States halfway through the investigation period, in October 1986. However, no alternative approach was suggested by the exporter. Despite the availability of data for only a part of the investigation period the Commission considered that, since the United States is the largest market-economy country in which DNBP technical was employed and the producer concerned was the largest manufacturer of the product, normal value could reasonably be estimated on the basis of sales made in the United States market in the period May to October 1986.  C. Export price  (8) In the investigation period there were no exports of DNBP technical from Romania to the Community. However, in the fourth quarter of 1986, Danubiana made an offer to supply a substantial quantity of DNBP technical to an independent Community importer at a certain price for delivery in 1986 and 1987. The validity of this offer went beyond the date by which the measures imposed in 1982 would have been in force for five years, i. e. the date at which, in the absence of a re-opening of the anti-dumping proceeding, the measures in force would have lapsed.  D. Comparison  (9) In order to effect a comparison between normal value and the export price at which Danubiana offered DNBP technical to importers in the Community, the Commission compared the prices concerned at ex-works level, as nearly as possible at the same time, and made due allowance where warranted for difference in transport and ancillary costs, packaging, duties and taxation and other factors affecting price comparability.  E. Margins  (10) The dumping margin would have been 21 % for the contract referred to in paragraph 8 if Danubiana had supplied DNBP technical to the Community importer.  F. Injury  Background  (11) The size of the Community market for DNBP technical has remained relatively stable since 1983 subject to certain minor variations arising from factors associated with the weather. The annual market is characterized by two distinct phases; in the period October to March orders are placed for the product for the next growing season and from April to September the product is produced and sales are made to formulators who process it into a herbicide for agricultural and horticultural use. Some sales (less than 10 %) are also made to companies who use DNBP technical as an inhibitor in the polymerization of styrene.  The development of the market worldwide has recently been affected by major environmental concerns about the safety of the product. As a result of these concerns, sales of the product in the United Kingdom were banned indefinitely from December 1986. Other Community countries may follow suit in the near future. In the United States, the largest market, the product was to all intents and purposes banned from further usage in the agricultural sector from October 1986. In addition, following the completion of further studies in that country since then, it seems probable that the United States Federal Environmental Protection Agency will institute an indefinite ban on the use of the product for agricultural purposes. Threat of injury  (12) Since 1981, Romania has not exported DNBP technical to the Community and the market has been supplied only by Community producers. It is evident, therefore that no injury has been suffered by Community producers during the period 1982 to 1987 as a result of dumped imports from Romania. Community producers alleged, however, that the expiry of the anti-dumping measures against imports of DNBP from Romania would lead to a threat of injury. The complainants argued that this threat of injury was real in view of the existence of low-priced offers on the market made by Danubiana in 1986 which would have undercut Community producers' prices substantially in the absence of the anti-dumping duty of 40 %.  (13) In this case it should be borne in mind that the review of the measures carried out by the Commission took place within the context of Article 15 of Regulation (EEC) No 2176/84. In assessing whether there would be a threat of injury to Community producers if existing anti-dumping measures were to expire, the Commission has examined all relevant factors in order to determine whether the expiry of the anti-dumping duty would lead to a situation likely to develop into actual injury.  (14) In this regard the following facts were considered to be pertinent:  - The low-price offers made by the Romanian exporter in October to November 1986 to Community importers would have undercut Community producers' prices by about 19 % if no anti-dumping duty had been in force. This conclusion was contested by the exporter who argued that, in the absence of an anti-dumping duty, the offer price would have been correspondingly higher. It was claimed also by Danubiana that the offers were solicited by importers on behalf of Community producers with the intent of providing supporting evidence for the reopening of the anti-dumping proceeding. As such they were not genuine inquiries regarding possible purchase of Romanian product.  With regard to the argument that export prices would have been higher in the absence of an anti-dumping duty, the evidence shows that Danubiana was prepared to supply product at the same low price if the anti-dumping duty had expired. As to the claim that the requests for offers were not genuine, the Commission considers that the evidence does not support this view. What is clear, however, is that Danubiana responded as if the requests were genuine, and it is this fact which is the only relevant one in the circumstances.  - With regard to the export capacity of Danubiana, the facts showed this to be not inconsiderable, particularly in view of the closure of the United States market from October 1986 (previously a significant sales outlet) and the underutilization of capacity in 1986. Ceteris paribus, the potential export capacity which could have been employed for sales in the Community would have represented as much as 35 % of the Community market.  Danubiana argued that part of the surplus capacity was being utilized in increased trade within Eastern Europe and hence was not available for export sales to the Community. However, even if this were the case, the Commission still considers that an important part of remaining capacity could have been used for Community sales and could, if necessary, have been expanded through more intensive use of plant.  - Since contracts for sale of Dinoseb are typically concluded by manufacturers with formulators for an entire growing season (April to September) and in substantial amounts, the loss of one major contract can mean a substantial reduction of market share for a Community manufacturer. The Romanian offer to a Community importer represented about 10 % of the Community market. In addition, because sales are seasonal, loss of market share can only be recovered by producers in the following year. Loss of sales of this order of magnitude to dumped imports would have an immediate effect on Community producers' profitability. A similar effect on profits would have occurred also if Community producers had attempted to match low prices offered in the market by Danubiana.  - Toxicological studies carried out in the United States and elsewhere have cast certain doubts on the future of DNBP technical as an agricultural herbicide. In the light of this, and the possibility that the Community market may contract significantly in the near future, it is evident that the loss of a large part of a declining market to low-priced sales would be a severe blow to Community producers and may inhibit them from liquidating stocks and readapting production facilities as necessary. - Finally, the Commission observes that there is a history of dumping of this product by Romanian exporters, evidenced by the high dumping margins found in the original investigation in 1979 and its subsequent review in 1982.  (15) In conclusion, and taking account of all facts and considerations, the Commission considers that there is evidence that the elimination of the anti-dumping duty would lead to a situation likely to develop into actual injury to the Community producers.  G. Community interest  (16) In view of the threat of injury to Community producers if dumped imports from Romania were to resume on the Community market, the Commission has come to the conclusion that it is in the Community's interest that action be taken.  H. Undertaking  (17) The Romanian exporter, having been informed of the main findings of the review investigation, agreed, without prejudice to its view that there was no threat of injury to Community producers, to offer an undertaking to respect a minimum price, expressed in ECU per kilogram, at the Community frontier. The effect of the said undertaking will be to ensure that export prices to the Community will be at prices which will not cause injury to Community producers, i. e. that the threat of injury is eliminated. The minimum export price to be observed was established on the basis of the selling price necessary to provide an adequate return to Community producers, particular account being taken of the profitability and cost price structure of the two producers concerned in the most recent period.  The Commission, after consultation, considers that the undertaking is acceptable and therefore the investigation may be terminated without imposition of anti-dumping duties.  HAS ADOPTED THIS DECISION:  Article 1  The anti-dumping proceeding concerning imports of DNBP Technical (Dinoseb) corresponding to combined nomenclature codes 2908 90 10 and ex 3808 30 10, originating in Romania is hereby terminated.  Article 2  The undertaking offered by Danubiana, Bucharest, Romania in connection with the reopened anti-dumping proceeding concerning imports of DNBP technical as referred to as referred to in Article 1 is hereby accepted.  Done at Brussels, 26 January 1988.  For the Commission  Willy DE CLERCQ  Member of the Commission  (1) OJ No L 201, 30. 7. 1984, p. 1.  (2) OJ No L 167, 26. 6. 1987, p. 9.  (3) OJ No L 121, 17. 5. 1979, p. 5.  (4) OJ No L 128, 11. 5. 1982, p. 17.  (5) OJ No C 335, 30. 12. 1986, p. 11.  (6) OJ No C 142, 29. 5. 1987, p. 4.