Avis juridique important

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31981D0035

81/35/EEC: Commission Decision of 9 February 1981 accepting undertakings in connection with the anti-dumping proceedings concerning certain chemical fertilizer originating in the United States of America

Official Journal L 039 , 12/02/1981 P. 0035 - 0037

****( 1 ) OJ NO L 339 , 31 . 12 . 1979 , P . 1 .  ( 2 ) OJ NO C 47 , 26 . 2 . 1980 , P . 2 .  ( 3 ) OJ NO L 212 , 15 . 8 . 1980 , P . 43 .  ( 1 ) OJ NO L 330 , 6 . 12 . 1980 , P . 1 .        COMMISSION DECISION   OF 9 FEBRUARY 1981   ACCEPTING UNDERTAKINGS IN CONNECTION WITH THE ANTI-DUMPING PROCEEDINGS CONCERNING CERTAIN CHEMICAL FERTILIZER ORIGINATING IN THE UNITED STATES OF AMERICA  ( 81/35/EEC )   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 3017/79 OF 20 DECEMBER 1979 ON PROTECTION AGAINST DUMPED OR SUBSIDIZED IMPORTS FROM COUNTRIES NOT MEMBERS OF THE EUROPEAN ECONOMIC COMMUNITY ( 1 ), AND IN PARTICULAR ARTICLE 12 THEREOF ,   AFTER CONSULTING THE ADVISORY COMMITTEE SET UP UNDER THAT REGULATION ,   WHEREAS IN DECEMBER 1979 THE COMMISSION RECEIVED A COMPLAINT LODGED BY THE COMITE MARCHE COMMUN DE L ' INDUSTRIE DES ENGRAIS AZOTES ET PHOSPHATES ON BEHALF OF MANUFACTURERS ACCOUNTING FOR A MAJOR PART OF THE COMMUNITY PRODUCTION OF UREA AMMONIUM NITRATE SOLUTION FERTILIZER ; WHEREAS THE COMPLAINT CONTAINED EVIDENCE OF THE EXISTENCE OF DUMPING IN RESPECT OF THE LIKE PRODUCT ORIGINATING IN THE UNITED STATES OF AMERICA , AND OF MATERIAL INJURY RESULTING THEREFROM , ESPECIALLY IN FRANCE AND THE FEDERAL REPUBLIC OF GERMANY ;   WHEREAS THE SAID INFORMATION SUPPLIED PROVIDED SUFFICIENT EVIDENCE TO JUSTIFY INITIATING A PROCEEDING ; WHEREAS THE COMMISSION ACCORDINGLY ANNOUNCED , BY A NOTICE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES  ( 2 ), THE INVITATION OF A PROCEEDING CONCERNING IMPORTS OF CERTAIN CHEMICAL FERTILIZER ORIGINATING IN THE UNITED STATES OF AMERICA , AND COMMENCED AN INVESTIGATION OF THE MATTER AT COMMUNITY LEVEL ;   WHEREAS DURING ITS PRELIMINARY INVESTIGATION , WHICH WAS BASED ON AN INVESTIGATION PERIOD COVERING THE CALENDAR YEAR 1979 , THE COMMISSION TOOK ACCOUNT OF THE FACT THAT ALL US COMPANIES KNOWN TO BE CONCERNED WHICH ARE SELLING THE PRODUCT IN QUESTION ON THE DOMESTIC MARKET , WITH THE EXCEPTION OF ALLIED CHEMICAL CORPORATION , DID NOT FURNISH THE INFORMATION DEEMED NECESSARY TO ESTABLISH NORMAL VALUE AND DID NOT AGREE TO ON-THE-SPOT INVESTIGATIONS AT THEIR PREMISES ; WHEREAS , THEREFORE , THE COMMISSION HAD TO BASE ITS DETERMINATION OF NORMAL VALUE ON THE EVIDENCE PROVIDED BY ALLIED CHEMICAL CORPORATION ; WHEREAS , IN RESPECT OF EXPORT PRICES , INFORMATION WAS AVAILABLE FROM ALLIED CHEMICAL CORPORATION AND A NUMBER OF BROKERS ; WHEREAS HAVING ESTABLISHED , ON THIS BASIS , THAT THE EXPORTS OF THE PRODUCT IN QUESTION WERE DUMPED AT A WEIGHTED AVERAGE MARGIN OF 12.2 % AND SINCE THERE WAS SUFFICIENT EVIDENCE OF INJURY RESULTING FROM THEIR ENTRY FOR CONSUMPTION INTO THE COMMUNITY AND SINCE THE INTERESTS OF THE COMMUNITY CALLED FOR IMMEDIATE INTERVENTION IN ORDER TO PREVENT FURTHER INJURY BEING CAUSED DURING THE PROCEEDING , THE COMMISSION , BY REGULATION ( EEC ) NO 2182/80 ( 3 ), IMPOSED A PROVISIONAL ANTI-DUMPING DUTY ON CERTAIN CHEMICAL FERTILIZER ORIGINATING IN THE UNITED STATES OF AMERICA ; WHEREAS ALLIED CHEMICALS CORPORATION HAD OFFERED AN ACCEPTABLE UNDERTAKING TO INCREASE ITS EXPORT PRICES AND WAS THEREFORE EXEMPTED FROM THE PROVISIONAL DUTY ; WHEREAS , SUBSEQUENT TO THE REEXAMINATION OF THE NORMAL VALUE , ALLIED CHEMICAL CORPORATION HAS RENOUNCED THIS UNDERTAKING ;   WHEREAS THE PERIOD OF VALIDITY OF THIS PROVISIONAL DUTY WAS EXTENDED FOR A PERIOD NOT EXCEEDING TWO MONTHS BY COUNCIL REGULATION ( EEC ) NO 3144/80 ( 1 );   WHEREAS IN THE COURSE OF THE SUBSEQUENT EXAMINATION OF THE MATTER , COMPLETED AFTER THE IMPOSITION OF THE PROVISIONAL ANTI-DUMPING DUTY , THE INTERESTED PARTIES HAD THE OPPORTUNITY TO MAKE KNOWN THEIR VIEWS IN WRITING , TO BE HEARD BY THE COMMISSION AND TO DEVELOP THEIR VIEWS ORALLY , TO INSPECT NON-CONFIDENTIAL INFORMATION RELEVANT TO THE DEFENCE OF THEIR INTERESTS AND TO BE INFORMED OF THE ESSENTIAL FACTS AND CONSIDERATIONS ON THE BASIS OF WHICH IT WAS INTENDED TO MAKE A FINAL DETERMINATION ; WHEREAS THE COMPLAINANTS AND MOST OF THE EXPORTERS AND IMPORTERS CONCERNED AVAILED THEMSELVES OF THESE POSSIBILITIES BY MAKING KNOWN THEIR VIEWS IN WRITING AND ORALLY ;   WHEREAS A NUMBER OF PRODUCERS AND EXPORTERS FROM WHOM THE COMMISSION HAD SOUGHT INFORMATION DURING THE PRELIMINARY INVESTIGATION NOW CAME FORWARD AND OFFERED TO PROVIDE THE INFORMATION ON NORMAL VALUE AND EXPORT PRICES ; WHEREAS , THEREFORE , THE COMMISSION DECIDED TO CARRY OUT INSPECTIONS AT THE PREMISES OF AGRICO CHEMICAL COMPANY ( TULSA ), KAISER ALUMINUM DOMESTIC AND INTERNATIONAL SALES CORPORATION  ( SAVANNAH ), COLUMBIA NITROGEN CORPORATION ( AUGUSTA ) AND BCM INCORPORATED ( MEMPHIS ) AND TO CARRY OUT A FURTHER INSPECTION AT THE PREMISES OF ALLIED CHEMICAL CORPORATION ( MORRISTOWN ) IN ORDER TO UPDATE THE INFORMATION ORIGINALLY RECEIVED ; WHEREAS THE COMMISSION OBTAINED FURTHER INFORMATION FROM INTERNATIONAL ORE AND FERTILIZER CORPORATION ( NEW YORK ), TRANSCONTINENTAL FERTILIZER CORPORATION ( PHILADELPHIA ) AND FROM UNIFERT EUROPE SA , COMAGRI SA , ESSOCHEM BELGIU ,, UNIE VAN KUNSTMESTFABRIEKEN AND HELM DUENGEMITTEL GMBH WITHIN THE EEC ;   WHEREAS , IN SEEKING TO DETERMINE THE EXISTENCE OF DUMPING , THE COMMISSION COMPARED THE EXPORT PRICES TO THE COMMUNITY WITH THE NORMAL VALUE ; WHEREAS , FOR THOSE COMPANIES SELLING NITROGEN SOLUTION FERTILIZER ON THE US DOMESTIC MARKET , NORMAL VALUE WAS ESTABLISHED ON THE BASIS OF THEIR PRICES ON THE AMERICAN MARKET IN THE PERIOD FROM 1 JANUARY TO 30 SEPTEMBER 1980 EXCLUDING SALES THROUGH COMPANY-OWNED RETAIL OUTLETS , BECAUSE THESE SALES WERE NOT CONSIDERED TO BE AT THE SAME LEVEL OF TRADE AS EXPORT SALES TO EEC DISTRIBUTORS ;   WHEREAS FOR COLUMBIA NITROGEN CORPORATION , HOWEVER , WHOSE DOMESTIC SALES OF THE PRODUCT IN QUESTION WERE FOUND TO HAVE BEEN MADE AT A LOSS DURING THE ABOVEMENTIONED INVESTIGATION PERIOD , THE NORMAL VALUE WAS ESTABLISHED ON THE BASIS OF COSTS OF PRODUCTION INCLUDING A REASONABLE MARGIN FOR OVERHEADS AND PROFIT FOR THE THIRD QUARTER OF 1980 , THIS BEING THE PERIOD DURING WHICH THE COMPANY ' S ONLY 1980 EXPORT SALE WAS MADE AND WHEN ITS NEW PRODUCTION PLANT WAS OPERATING FOR THE FIRST TIME UNDER NORMAL CONDITIONS ; WHEREAS , GIVEN THE PARTICULAR DEBT EQUITY RATIO OF THIS COMPANY , A PROFIT MARGIN OF ONLY 1 % WAS CONSIDERED REASONABLE ;   WHEREAS , IN THE CASE OF EXPORT SALES MADE BY BROKERS WHO NEITHER SELL THE PRODUCT ON THE US DOMESTIC MARKET NOR SELL IT IN ANY SIGNIFICANT QUANTITY TO THIRD COUNTRIES , NORMAL VALUE WAS ESTABLISHED ON THE BASIS OF THE PRICE AT WHICH THEY PURCHASED THE QUANTITIES DESTINED FOR EXPORT FROM THEIR SUPPLIERS ;   WHEREAS EXPORT PRICES WERE DETERMINED ON THE BASIS OF PRICES ACTUALLY PAID OR PAYABLE FOR THE PRODUCT CONCERNED , SOLD FOR EXPORT TO THE COMMUNITY ;   WHEREAS , IN THE CASE OF IMPORTS MADE BY ESSOCHEM BELGIUM AND UKF , THE EXPORT PRICE HAD TO BE CONSTRUCTED ON THE BASIS OF THE PRICE AT WHICH THE IMPORTED PRODUCT WAS FIRST RESOLD TO INDEPENDENT BUYERS BECAUSE BOTH IMPORTERS HAD ASSOCIATIONS WITH THEIR RESPECTIVE EXPORTERS ; WHEREAS , FOR THE PURPOSES OF THIS CONSTRUCTION , ALLOWANCE WAS MADE FOR A REASONABLE MARGIN FOR OVERHEADS AND PROFIT , A 3 % MARGIN BEING CONSIDERED REASONABLE ;   WHEREAS THE COMPARISONS WERE MADE TRANSACTION BY TRANSACTION ON AN EX-FACTORY BASIS FOR ALL OF THE PRODUCERS VISITED ; WHEREAS , FOR BCM INC ., A TRADER SELLING BOTH FOR EXPORT AND ON THE DOMESTIC MARKET , THE COMPARISON WAS MADE AT AN EX-SHIPPING POINT LEVEL , THIS BEING EITHER EX-FACTORY PRODUCER OR EX-TERMINAL ;   WHEREAS MOST OF THE COMPANIES VISITED CLAIMED THAT , FOR THE PURPOSE OF A FAIR COMPARISON , ACCOUNT SHOULD BE TAKEN OF DIFFERENCES IN DISTRIBUTION AND SELLING COSTS ON DOMESTIC AND EXPORT MARKETS AND DIFFERENCES IN PAYMENT TERMS ;   WHEREAS THE COMMISSION TOOK ACCOUNT OF THE DIFFERENCES AFFECTING PRICE COMPARABILITY WITH RESPECT TO VARIABLE DISTRIBUTION AND SELLING COSTS , SALESMEN ' S SALARIES AND PAYMENT CONDITIONS AND OF CASH DISCOUNTS WHERE CLAIMS IN THESE AREAS COULD BE SATISFACTORILY DEMONSTRATED ;   WHEREAS THIS EXAMINATION SHOWED THAT EXPORTS MADE BY AGRICO CHEMICAL COMPANY DURING THE INVESTIGATION PERIOD WERE NOT DUMPED ; WHEREAS , FOR THE OTHER COMPANIES VISITED , THE DUMPING MARGINS FOUND WERE FOR ALLIED CHEMICAL CORPORATION 6.5 % , FOR KAISER ALUMINUM DOMESTIC AND INTERNATIONAL SALES CORPORATION 5.0 % , FOR COLUMBIA NITROGEN CORPORATION 10.0 % AND FOR BCM INCORPORATED 7.6 % ;   WHEREAS , FOR BROKERS WHO MAY BUY THE PRODUCT FROM VARIOUS US PRODUCERS FOR EXPORT TO THE EEC AND FOR ALL OTHER EXPORTERS NOT KNOWN TO THE COMMISSION , THE DUMPING MARGIN WAS DETERMINED AS BEING THE WEIGHTED AVERAGE DUMPING MARGIN OF THOSE COMPANIES INVESTIGATED WHICH WERE FOUND TO HAVE BEEN DUMPING ; WHEREAS THE DUMPING MARGIN THUS ESTABLISHED WAS 6.5 % ;   WHEREAS , AS REGARDS THE INJURY CAUSED BY THE DUMPED IMPORTS TO THE COMMUNITY AND IN PARTICULAR TO THE FRENCH INDUSTRY , THE CONSIDERATIONS WHICH LED TO THE IMPOSITION OF THE PROVISIONAL DUTY REMAIN VALID ; WHEREAS FURTHER INFORMATION RECEIVED BY THE COMMISSION AFTER THE IMPOSITION OF THE PROVISIONAL DUTY SHOWED THAT DUMPED IMPORTS INTO FRANCE OF THE PRODUCT IN QUESTION , ORIGINATING IN THE UNITED STATES OF AMERICA , FOR THE FOUR MONTH PERIOD FROM JUNE TO SEPTEMBER 1980 AMOUNTED TO 206 835 TONNES , EXCLUDING 21 600 TONNES OF THE PRODUCT EXPORTED BY AGRICO CHEMICAL COMPANY AND DEEMED NOT TO HAVE BEEN DUMPED , COMPARED TO 137 950 TONNES FOR THE SAME PERIOD IN 1979 , REPRESENTING AN INCREASE OF AT LEAST 50 % ;   WHEREAS , ALTHOUGH THERE WAS A CONSIDERABLE INCREASE IN THE PRICE OF US EXPORTS DURING 1980 , THE RESALE PRICE OF IMPORTED NITROGEN SOLUTION FERTILIZER IN FRANCE STILL DOES NOT PERMIT FRENCH PRODUCERS TO SELL THEIR PRODUCT AT ABOVE COST OWING TO A FURTHER INCREASE IN FEEDSTOCK PRICES IN AUGUST 1980 ;   WHEREAS THE COMMISSION ALSO FOLLOWED UP TO CONTENTION OF VARIOUS EXPORTERS AND IMPORTERS THAT THE FRENCH INDUSTRY WAS WORKING AT FULL CAPACITY BUT WAS CONCENTRATING PRIMARILY ON SOLID NITROGEN FERTILIZER AND WAS THEREFORE UNABLE TO PRODUCE MORE NITROGEN SOLUTION ; WHEREAS THE FACTS AS ESTABLISHED BY THE COMMISSION SHOW THAT THE FRENCH INDUSTRY COULD SIGNIFICANTLY INCREASE ITS PRODUCTION OF SOLUTION EVEN IF PRESENT OUTPUT OF SOLID NITROGEN FERTILIZER WAS MAINTAINED ;   WHEREAS THE COMMISSION HAS CONSIDERED WHETHER THERE IS INJURY CAUSED BY OTHER FACTORS WHICH , INDIVIDUALLY OR IN COMBINATION , ARE ALSO AFFECTING THE COMMUNITY INDUSTRY ; WHEREAS IT HAS ESTABLISHED IN THIS CONTEXT THAT THE LEVEL OF CONSUMPTION OF NITROGEN SOLUTION FERTILIZER IN GERMANY AND ESPECIALLY IN FRANCE , THE MAIN OUTLETS FOR US EXPORTS IN THE COMMUNITY , HAS CONSIDERABLY INCREASED IN RECENT YEARS ; WHEREAS , MOREOVER , THE VOLUME OF NON-DUMPED IMPORTS FROM AGRICO CHEMICAL COMPANY WAS RELATIVELY SMALL COMPARED TO TOTAL IMPORTS , AND REPRESENTED LESS THAN 17 % THEREOF IN 1980 ; WHEREAS THE INFLUENCE OF THESE NON-DUMPED IMPORTS ON THE NITROGEN SOLUTION FERTILIZER MARKET HAS BEEN ISOLATED FROM THE DUMPED IMPORTS ; WHEREAS THE SUBSTANTIAL AND SUDDEN INCREASE IN IMPORTS OF DUMPED NITROGEN SOLUTION FERTILIZER SINCE 1978 AND THE PRICES AT WHICH THEY WERE OFFERED FOR SALE IN THE COMMUNITY LED THE COMMISSION TO DETERMINE THAT THE US EXPORTS OF DUMPED NITROGEN SOLUTION FERTILIZER HAVE CAUSED MATERIAL INJURY TO THE COMMUNITY INDUSTRY CONCERNED ;   WHEREAS , IN THESE CIRCUMSTANCES , PROTECTION OF THE COMMUNITY ' S INTERESTS CALLS FOR COMMUNITY INTERVENTION ;   WHEREAS ALLIED CHEMICAL CORPORATION , KAISER ALUMINUM DOMESTIC AND INTERNATIONAL SALES CORPORATION , COLUMBIA NITROGEN CORPORATION , BCM INCORPORATED , INTERNATIONAL ORE AND FERTILIZER CORPORATION , INTERORE AND CORPORATION INC . AND TRANSCONTINENTAL FERTILIZER CORPORATION HAVE VOLUNTARILY UNDERTAKEN TO INCREASE THEIR PRICES TO A LEVEL ELIMINATING BUT NOT EXCEEDING THE DUMPING MARGINS FOUND ;   WHEREAS THE COMMISSION CONSIDERS THESE UNDERTAKINGS TO BE VALID AND HAS DECIDED TO ACCEPT THEM ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   THE COMMISSION HEREBY ACCEPTS THE UNDERTAKINGS OFFERED IN CONNECTION WITH THE ANTI-DUMPING PROCEEDINGS CONCERNING UREA AMMONIUM NITRATE SOLUTION FERTILIZER , FALLING WITHIN COMMON CUSTOMS TARIFF SUBHEADING EX 31.02 C AND CORRESPONDING TO NIMEXE CODE EX 31.02-90 , ORIGINATING IN THE UNITED STATES OF AMERICA .   DONE AT BRUSSELS , 9 FEBRUARY 1981 .   FOR THE COMMISSION   WILHELM HAFERKAMP   MEMBER OF THE COMMISSION


Avis juridique important

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31989D0668

89/668/EEC: Council Decision of 18 July 1989 concerning the provisional application of the Agreed Minute amending the Supplementary Protocol to the Cooperation Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia on trade in textile products

Official Journal L 396 , 30/12/1989 P. 0001 - 0001

COUNCIL DECISION of 18 July 1989 concerning the provisional application of the Agreed Minute amending the Supplementary Protocol to the Cooperation Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia  on trade in textile products (89/668/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, following consultations between the Community and the Socialist Federal Republic of Yugoslavia, an Agreed Minute amending the quantitative limits for categories 5, 6, 7 and 15 set out in the Supplementary Protocol to the Cooperation Agreement  between the European Economic Community and the Socialist Federal Republic of Yugoslavia on trade in textile products (1) was initialled on 17 November 1988;  Whereas, pending completion of the procedures necessary for the conclusion of the Supplementary Protocol and the Agreed Minute, the latter should be applied provisionally with effect from 1 January 1988, subject to reciprocal application by the  Socialist Federal Republic of Yugoslavia,  HAS DECIDED AS FOLLOWS:    Article 1 Pending the completion of the procedures necessary for its conclusion, the Agreed Minute amending the Supplementary Protocol to the Cooperation Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia on trade in textile products shall be applied provisionally in the Community, with effect from 1 January 1988,  subject to reciprocal provisional implementation by the Socialist Federal Republic of Yugoslavia.  The text of the Agreed Minute is attached to this Decision.  Article 2 The Commission is hereby requested to obtain the agreement of the Government of the Socialist Federal Republic of Yugoslavia on the provisional application of the Agreed Minute referred to in Article 1 and to notify the Council accordingly.   Done at Brussels, 18 July 1989.  For the Council The President R. DUMAS   (1) OJ No L 318, 7. 11. 1987, p. 52.


title: European Parliament decision amending its Rules of Procedure as regards the setting-up of interparliamentary delegations and joint parliamentary committees (1999/2196(REG))

text:
C 140 E/120                                  Official Journal of the European Communities                       EN        13.6.2002
Tuesday 13 November 2001
             European Parliament decision adapting its Rules of Procedure to the provisions of European Par-
             liament and Council Regulation (EC) No 1049/2001 on public access to Parliament, Council and
                                             Commission documents (2001/2135(REG))
             The European Parliament,
                having regard to the letter of 29 June 2001 from its President,
                having regard to Article 255 of the EC Treaty, Articles 28(1) and 41(1) of the EU Treaty and Arti-
                 cles 42 and 52(2) of the Charter of Fundamental Rights of the European Union,
                having regard to Rule 181 of its Rules of Procedure,
                having regard to the report of the Committee on Constitutional Affairs and the opinion of the Com-
                 mittee on Citizens’ Freedoms and Rights, Justice and Home Affairs (A5-0349/2001),
             1.   Decides to amend its Rules of Procedure as indicated above;
             2.   Decides to revoke the Bureau decisions of 10 July 1997 on public access to Parliament documents
             and of 17 April 1998 on fees to be paid for delivery of very large documents;
             3.   Instructs its President to forward this decision to the Council and Commission, for information.
             5. Amendment to the Rules of Procedure: Setting-up of interparliamentary
                  delegations and joint parliamentary committees
             A5-0346/2000
                                                   Parliament’s Rules of Procedure
                        FORMER TEXT                                                               NEW TEXT
                                                              Amendment 2
                                                  Rule 170, paragraph 3, subparagraph 2
The European Parliament shall appoint its representatives in            Deleted
accordance with Rule 168.
                                                              Amendment 3
                                                          Rule 170, paragraph 5
5.    The composition of European Parliament delegations to             5. The election of the Members of European Parliament del-
joint parliamentary committees shall be established at the              egations to joint parliamentary committees and the constitu-
same time and under the same conditions as for standing                 tion of the bureaux of these delegations shall take place in
committees.                                                             accordance with the procedure laid down for interparliamen-
                                                                        tary delegations.
             European Parliament decision amending its Rules of Procedure as regards the setting-up of inter-
                       parliamentary delegations and joint parliamentary committees (1999/2196(REG))
             The European Parliament,
                having regard to the letter of 21 October 1999 from its President,
                having regard to Rules 180 and 181 of its Rules of Procedure,
                having regard to the report of the Committee on Constitutional Affairs (A5-0346/2000),
 ---pagebreak--- 13.6.2002         EN                          Official Journal of the European Communities                                    C 140 E/121
                                                                                Tuesday 13 November 2001
              1.   Decides to amend its Rules of Procedure as indicated above;
              2.   Instructs its President to forward this decision to the Council and Commission, for information.
              6. Electronic communications ***I
              A5-0374/2001
              Proposal for a European Parliament and Council directive concerning the processing of personal
              data and the protection of privacy in the electronic communications sector (COM(2000) 385 5
                                                  C5-0439/2000 5 2000/0189(COD))
              The proposal was amended as follows:
                        TEXT PROPOSED                                                               AMENDMENTS
                    BY THE COMMISSION (1)                                                          BY PARLIAMENT
                                                               Amendment 1
                                                               Recital 1a (new)
                                                                           (1a) Articles 7 and 8 of the European Union Charter of
                                                                           Fundamental Rights, proclaimed in Nice on 7 December
                                                                           2000, seek to guarantee respect for private life and communi-
                                                                           cations, including personal data.
                                                               Amendment 2
                                                               Recital 5a (new)
                                                                           (5a) Information that is part of a broadcasting service pro-
                                                                           vided over a public communications network is intended for a
                                                                           potentially unlimited audience and does not constitute a com-
                                                                           munication within the meaning of this Directive. However, if
                                                                           it is possible to identify the individual subscriber or user
                                                                           receiving such information, for example with video-on-
                                                                           demand services, the information conveyed is covered within
                                                                           the meaning of a communication for the purposes of this
                                                                           Directive.
                                                               Amendment 3
                                                                  Recital 8
(8) The Member States, providers and users concerned,                      (8) The Member States, providers and users concerned,
together with the competent Community bodies, should coop-                 together with the competent Community bodies, should ensure
erate in introducing and developing the relevant technologies              that the processing of personal data is limited to a minimum
where this is necessary to apply the guarantees provided for               and that anonymous or pseudonymous data are used
by this Directive and taking particular account of the objec-              wherever possible, and should cooperate in introducing and
tives of minimising the processing of personal data and of                 developing the relevant technologies where this is necessary to
using anonymous or pseudonymous data where possible.                       apply the guarantees provided for by this Directive.
(1) OJ C 365 E, 19.12.2000, p. 223.


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31997D0305

97/305/EC: Council Decision of 29 April 1997 appointing one member and two alternate members of the Committee of the Regions

Official Journal L 126 , 17/05/1997 P. 0029 - 0029

COUNCIL DECISION of 29 April 1997 appointing one member and two alternate members of the Committee of the Regions (97/305/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 198a thereof,Having regard to the Council Decisions 94/65/EC of 26 January 1994 (1) and 95/15/EC of 23 January 1995 (2) appointing members and alternate members of the Committee of the Regions,Whereas a seat as a member and two seats as alternate members of the Committee have become vacant following the resignations of Mr Dieter Spöri, member, and Mr Alfred Geisel and Mr Fritz Hopmeier, alternate members, notified to the Council on 29 October 1996, 24 October 1996 and 29 October 1996 respectively;Having regard to the proposal from the German Government,HAS DECIDED AS FOLLOWS:Sole Article 1. Mr Horst Mehrländer is hereby appointed a member of the Committee of the Regions in place of Mr Dieter Spöri for the remainder of the latter's term of office, which runs until 25 January 1998.2. Mr Frieder Birzele is hereby appointed an alternate member of the Committee of the Regions in place of Mr Alfred Geisel for the remainder of the latter's term of office, which runs until 25 January 1998.3. Mr Peter Straub is hereby appointed an alternate member of the Committee of the Regions in place of Mr Fritz Hopmeier for the remainder of the latter's term of office, which runs until 25 January 1998.Done at Luxembourg, 29 April 1997.For the CouncilThe PresidentH. VAN MIERLO(1) OJ No L 31, 4. 2. 1994, p. 29.(2) OJ No L 25, 2. 2. 1995, p. 20.


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32003D0705

2003/705/EC: Council Decision of 22 September 2003 on the conclusion of an Agreement amending the Protocol to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part, on conformity assessment and acceptance of industrial products (PECA)

Official Journal L 256 , 09/10/2003 P. 0020 - 0020

Council Decisionof 22 September 2003on the conclusion of an Agreement amending the Protocol to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part, on conformity assessment and acceptance of industrial products (PECA)(2003/705/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof, in conjunction with the first sentence of the first subparagraph of Article 300(2), and the first sentence of the first subparagraph of Article 300(3) thereof,Having regard to the proposal from the Commission,Whereas:(1) The Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part(1), hereinafter referred to as "the Europe Agreement", entered into force on 1 February 1994.(2) On 26 February 2001 the Parties agreed a Protocol to the Europe Agreement on conformity assessment and acceptance of industrial products(2), hereinafter referred to as "the Protocol".(3) The Protocol in Article 8 restricted the application of the Protocol to industrial products that originate in the Parties according to non-preferential rules of origin. In order to improve trade between the Parties, to simplify the operation of the Protocol, and to improve alignment with the position that will apply after accession of the Republic of Hungary to the European Union, this restriction should be deleted by way of an amendment to the Protocol.(4) The Agreement amending the Protocol signed in Brussels on 31 July 2003 should be approved,HAS DECIDED AS FOLLOWS:Article 1The Agreement amending the Protocol to the Europe Agreement with the Republic of Hungary on conformity assessment and acceptance of industrial products, hereinafter referred to as "the Agreement", is hereby approved on behalf of the European Community.The text of the Agreement is attached to this Decision.Article 2The President of the Council shall, on behalf of the Community, transmit the diplomatic note provided for in Article 2 of the Agreement(3).Done at Brussels, 22 September 2003.For the CouncilThe PresidentF. Frattini(1) OJ L 347, 31.12.1993, p. 1.(2) OJ L 135, 17.5.2001, p. 37.(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.


title: 2009/806/EC: Council Decision of 19 October 2009 on the signing of the Statute of the International Renewable Energy Agency (IRENA) by the European Community

text:
               4.11.2009

               EN

               Official Journal of the European Union

               L 288/23

      COUNCIL DECISION

   of 19 October 2009
   on the signing of the Statute of the International Renewable Energy Agency (IRENA) by the European Community
   (2009/806/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 175(1) and the first subparagraph of Article 300(2),
   Having regard to the proposal from the Commission,
   Whereas

               (1)

               On 26 January 2009, the Statute of the International Renewable Energy Agency (1) (the Statute) was signed at the Founding Conference in Bonn by 75 States, including 20 EU Member States.

               (2)

               According to the Statute, the objective of the International Renewable Energy Agency (IRENA) is ‘to promote the widespread and increased adoption as well as the sustainable use of all forms of renewable energy, taking into account national and domestic priorities and benefits derived from a combined approach of renewable energy and energy efficiency measures, and the contribution of renewable energy to environmental preservation, through limiting pressure on natural resources and reducing deforestation, particularly tropical deforestation, desertification and biodiversity loss; to climate protection; to economic growth and social cohesion including poverty alleviation and sustainable development; to access to and security of energy supply; to regional development and to inter-generational responsibility’.

               (3)

               Both the European Community and its Member States have competences in the areas covered by the Statute. Certain provisions of the Statute might affect the arrangements laid down by Community acts adopted regarding the environment and energy.

               (4)

               In view of its entry into force only on the 13th day after the deposit of the 25th instrument of ratification, and in view of the Statute remaining open for signature until that time, the Statute should be signed on behalf of the European Community in accordance with its Article XIX A. The Founding Conference of IRENA, on 26 January 2009, established a Preparatory Commission for IRENA (2). According to point 3 of the Resolution on Establishing a Preparatory Commission for IRENA, adopted by the Conference on the establishment of IRENA, the Preparatory Commission is composed of one representative of each of the signatories of the Statute. The Preparatory Commission is intended to ensure the rapid and effective establishment of IRENA, including by establishing an interim work programme and budget. It is considered beneficial to fully participate in IRENA activities from signature. Therefore, the Community should be represented and participate in the Preparatory Commission of IRENA from signature,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The President of the Council is hereby authorised to designate the person(s) empowered to sign on behalf of the European Community, the Statute of the International Renewable Energy Agency founded on 26 January 2009 in Bonn.
   Article 2
   By virtue of its signature, the Community will be represented in the Preparatory Commission of IRENA set up by the Conference on the establishment of IRENA.

      Done at Luxembourg, 19 October 2009.

            For the Council

            The President

         E. ERLANDSSON

      (1)  The Declaration of the Conference regarding authentic versions of the Statute forms an integral part of the Statute.

      (2)  IRENA/FC/res.1: Resolution on Establishing a Preparatory Commission for IRENA, 26 January 2009, Bonn.


title: 75/195/EEC: Council Decision of 17 February 1975 on the conclusion of the Agreement between the European Economic Community and the Democratic Republic of Sudan on the supply of skimmed-milk powder as food aid

text:
8 . 4 . 75                      Official Journal of the European Communities                       No L 87/ 21
                                            COUNCIL DECISION
                                             of 17 February 1975
           on the conclusion of the Agreement between the European Economic Commu
           nity and the Democratic Republic of Sudan on the supply of skimmed-milk
                                              powder as food aid
                                                  (75/ 1 95/ EEC)
           THE COUNCIL OF THE EUROPEAN COMMUNITIES,
           Having regard to the Treaty establishing the European Economic Community, and in
           particular Articles 113, 114 and 228 thereof ;
           Having regard to the recommendation from the Commission ;
           Whereas by Regulation ( EEC) No 1827/74, the Council has decided to make 300 metric
           tons of skimmed-milk powder available to the Democratic Republic of Sudan ,
           HAS DECIDED AS FOLLOWS :
                                                    Article 1
           The Agreement between the European Economic Community and the Democratic Repu
           blic of Sudan on the supply of skimmed-milk powder as food aid is hereby concluded on
           behalf of the Community.
           The text of the Agreement is annexed to this Decision .
                    ♦
                                                     Article 2
           The President of the Council is hereby authorized to designate the persons empowered to
           sign the Agreement, and to confer on them the powers necessary to bind the Community .
           Done at Brussels, 17 February 1975 .
                                                                      For the Con mil
                                                                       The President
                                                                         R. RYAN


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32001D0460

2001/460/EC: Commission Decision of 15 June 2001 terminating the review of Council Regulation (EC) No 2450/98 imposing a definitive countervailing duty on imports of stainless steel bars originating in India (notified under document number C(2001) 1612)

Official Journal L 161 , 16/06/2001 P. 0045 - 0046

Commission Decisionof 15 June 2001terminating the review of Council Regulation (EC) No 2450/98 imposing a definitive countervailing duty on imports of stainless steel bars originating in India(notified under document number C(2001) 1612)(2001/460/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community(1), and in particular Article 20 thereof,After consulting the Advisory Committee,Whereas:(A) PREVIOUS PROCEDURE(1) By Regulation (EC) No 2450/98(2), the Council imposed a definitive countervailing duty on imports of stainless steel bars (hereinafter referred to as "the product concerned") falling within CN codes ex 7222 20 11, 7222 20 21, 7222 20 31, 7222 20 81, originating in India. The measures took the form of ad valorem duties of between 0 % and 25,5 % on individual exporters, with a residual duty of 25,5 %.(B) CURRENT PROCEDURE1. Request for review(2) Subsequent to the imposition of definitive measures, the Commission received a request for the initiation of an accelerated review of Regulation (EC) No 2450/98, pursuant to Article 20 of Regulation (EC) No 2026/97 (hereinafter referred to as "the basic Regulation"), from one Indian producer, CAPICO Trading Private Limited in Bombay. The company concerned claimed that it was not related to any other exporters of the product concerned in India and that it had not exported the product concerned during the original period of investigation (1 October 1996 to 30 June 1997). The company stated that it intended to begin exporting the product concerned to the Community in the near future.2. Initiation of an accelerated review(3) The Commission examined the evidence submitted by the Indian exporting producer concerned and considered it sufficient to justify the initiation of a review in accordance with the provisions of Article 20 of the basic Regulation. After consultation of the Advisory Committee and after the Community industry concerned had been given the opportunity to comment, the Commission initiated, by a notice in the Official Journal of the European Communities(3), an accelerated review of Regulation (EC) No 2450/98 with regard to the company concerned and commenced its investigation.3. Product concerned(4) The product covered by the current review is the same product as that under consideration in Regulation (EC) No 2450/98, namely stainless steel bars.4. Parties concerned(5) The Commission officially advised the company concerned and the Government of India of the initiation of the procedure. Furthermore, it gave other parties directly concerned the opportunity to make their views known in writing and to request a hearing. However, no such views nor any request for a hearing was received by the Commission.The Commission sent a questionnaire to the company concerned and received a full reply within the required deadline. The Commission sought and verified all information it deemed necessary for the purpose of the investigation and carried out a verification visit to the premises of the company concerned.(C) WITHDRAWAL OF THE REQUEST FOR REVIEW(6) On 20 July 2000, CAPICO Trading Private Limited reported to the Commission that it was withdrawing its request for review. The company based this on the fact which was verified in the investigation, that it had not exported the product concerned to the Community and its intention to export to the Community had not been realised. The Commission therefore considers it appropriate to terminate this review,HAS ADOPTED THIS DECISION:Sole ArticleThe accelerated review of Council Regulation (EC) No 2450/98 concerning imports of stainless steel bars originating in India is hereby terminated.Done at Brussels, 15 June 2001.For the CommissionPascal LamyMember of the Commission(1) OJ L 288, 21.10.1997, p. 1.(2) OJ L 304, 14.11.1998, p. 1.(3) OJ C 61, 3.3.2000, p. 3.


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31998D1496

Decision No 1496/98/EC of the European Parliament and of the Council of 22 June 1998 establishing an action programme to improve awareness of Community law within the legal professions (Robert Schuman project)

Official Journal L 196 , 14/07/1998 P. 0024 - 0027

DECISION No 1496/98/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 June 1998 establishing an action programme to improve awareness of Community law within the legal professions (Robert Schuman project)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Acting in accordance with the procedure laid down in Article 189b of the Treaty (3),(1) Whereas Declaration No 19 on the implementation of Community law annexed to the Final Act of the Treaty on European Union stresses that it is essential for the proper functioning of the Community that the measures taken by the different Member States should result in Community law being applied with the same effectiveness and rigour as in the application of their national law;(2) Whereas the completion of the internal market has required a considerable legislative effort involving, inter alia, the approximation of national laws with a view to creating an area without internal frontiers;(3) Whereas the effective and uniform application of the Community rules in question represents a new priority which is essential to the smooth functioning of the internal market;(4) Whereas those Community rules on the freedoms of the internal market which have direct effect may be invoked before any national court in accordance with procedures defined by national law; whereas citizens, consumers and undertakings must be able to rely on the application of those rules and to benefit from the rights and guarantees which they confer in the Member States as a whole; whereas legal certainty and the credibility of the internal market are at stake as is, more generally, confidence in the whole process of European integration;(5) Whereas citizens, consumers and undertakings will be unable to assert all their rights under the Community legal order before any national court unless those members of the legal professions most directly involved in applying Community law, namely judges, prosecutors and lawyers, are sufficiently informed and trained to do so;(6) Whereas the Commission communication to the Council of 22 December 1993 entitled 'Making the most of the internal market: strategic programme` emphasises the importance, for individuals as well as for the smooth functioning of the internal market, of national courts being in a position to resolve a larger proportion of cases concerning the conformity of rules or conduct with Community law and, to that end, the need to improve knowledge of Community law within the legal professions;(7) Whereas in its resolution of 13 February 1996 on the Commission's 12th Annual Report on monitoring the application of Community law (4) the European Parliament asked the Commission to put forward a programme for the purpose of training and informing the legal professions in the field of Community law with a view to making the application of Community law by national courts more uniform and effective;(8) Whereas raising awareness of Community law among members of the legal professions involved in the administration of justice in the Member States is likely to improve cooperation between national courts and the Court of Justice of the European Communities which is an inherent part of the Community legal order;(9) Whereas, in accordance with the principle of subsidiarity and by virtue of Article 127 of the Treaty, it is not for the European Community to assume the role of the Member States in determining the organisation or content of training for members of the legal professions involved in the administration of justice, namely judges, prosecutors and lawyers;(10) Whereas it is within the Community's remit to propose the establishment of support arrangements designed to help Member States to remedy a lack of training and information wherever this may affect the correct application of Community law necessary for the smooth functioning of the internal market;(11) Whereas the objective of making members of the legal professions involved in the administration of justice, namely judges, prosecutors and lawyers, more aware of Community law must form part of overall arrangements which, from checks on the correct transposition into national legislation of Community law to the penalties applicable in the event of that law being breached, are designed to ensure the effective and uniform application of the rules governing the internal market;(12) Whereas achieving this objective entails using specific resources adapted to the requirements and constraints of professional practice; whereas the creation of a specific instrument the objective of which is to improve knowledge of Community law on the part of members of legal professions involved in the administration of justice in the Member States, namely judges, prosecutors and lawyers, complements existing Community programmes and initiatives as far as the particular target group is concerned,HAVE DECIDED AS FOLLOWS:Article 1 Establishment of the Robert Schuman project 1. This Decision establishes the programme known as the 'Robert Schuman project` for a period of three years.2. By means of this financial support instrument, the Community intends to encourage and support initiatives designed to raise awareness of Community law among members of the legal professions involved in the administration of justice, namely judges, prosecutors and lawyers within the Member States.Article 2 Objectives 1. The Robert Schuman project shall have as its purpose to:(a) encourage the launch of training initiatives of a practical nature in Community law in the Member States (initial or continuing training) by bodies responsible for training members of the legal professions involved in the administration of justice, namely judges, prosecutors and lawyers or those preparing to take part in the administration of justice;(b) encourage the development, in the Member States, of information resources (traditional or based on new communication and information technology) in Community law for members of the legal professions involved in the administration of justice, namely judges, prosecutors and lawyers;(c) support initiatives likely to facilitate implementation of the above two forms of support, complement them or enhance their impact.2. The Robert Schuman project shall support and complement training and information work on Community law undertaken by the Member States, while not encroaching on their responsibility for defining course content and organising vocational training.Article 3 Instrument of Community intervention 1. The Robert Schuman project shall be designed to provide financial support to initiatives launched in the Member States with a view to achieving the objectives referred to in Article 2.2. Each of those objectives shall correspond to a specific aspect of the Robert Schuman project: 'training`, 'information` or 'accompanying initiatives`.Article 4 Financial provisions The financial framework for the implementation of this programme for a period of three years commencing on the date of entry into force of this Decision is hereby set at ECU 5,6 million.The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.Article 5 Eligibility conditions 1. Institutions responsible in the Member States at local, regional or national level or at Community level for:- the continuing vocational training of members of the legal professions involved in the administration of justice, namely judges, prosecutors and lawyers,or- the initial vocational training of those preparing to take part in the administration of justice,shall be considered eligible for financial support under the Robert Schuman project.2. The institutions covered by paragraph 1 shall be:(a) the courts;(b) bar associations and equivalent professional bodies;(c) Ministries of Justice, high councils of the judiciary or similar bodies and bodies responsible at a high level for the training of the judiciary and judicial officers;(d) approved vocational schools or educational institutes responsible for the initial or continuing training of members of the legal professions involved in the administration of justice, namely judges, prosecutors and lawyers;(e) the universities.Article 6 Project selection criteria 1. Eligible institutions shall apply for support under the Robert Schuman project by submitting a training, information or accompanying project to the competent Commission departments.2. Projects shall be selected, and financial support awarded, on the basis of the following criteria:(a) Practical useThe measures envisaged must enable the target groups to acquire knowledge adapted to, and immediately useful in, the day-to-day practice of their profession.(b) AccessibilityThe measures envisaged must be designed to raise awareness among the greatest possible number of members of the legal professions involved in the administration of justice, namely judges, prosecutors and lawyers, and shall, in particular, benefit those who have not yet become acquainted with Community law.(c) Adjustment to constraints of professional practiceThe way in which the measures envisaged are implemented must reflect the needs of professional practice (particularly in terms of timetabling and geographical proximity).(d) Cost-effectivenessWhen assessing projects submitted under the Robert Schuman project, the Commission shall work on the basis of the principles laid down by the relevant financial Regulations, in particular the principles of sound financial management, economy and cost-effectiveness.Costs entailed by the measures envisaged shall be reasonable having regard to their objectives. Cost-effectiveness may be improved by partnerships involving a number of eligible institutions pooling their resources.3. The following optional assessment criteria shall also be taken into account:(a) the inter-professional dimension of measures (involvement of judges, prosecutors and lawyers in implementing them or as target groups);(b) the cross-border dimension of measures (involvement of nationals of more than one Member State in implementing them or as target groups).Article 7 Support arrangements 1. Financial support under the Robert Schuman project, which is designed to encourage, complement and support the work of the institutions referred to in Article 5, shall be provided in addition to local, regional or national funds and shall be used to achieve projects. Financial support thus awarded may not, therefore, entail the realisation of direct or indirect profits.2. Financial support under the Robert Schuman project shall be awarded for one or two years.3. So as to ensure continuity in the projects, the recipient of a Robert Schuman project grant shall undertake to continue the project without support from the Commission, as from the date on which the grant ceases for a period equivalent to that for which the grant was made.Recipients shall undertake to repay all amounts disbursed if they fail to meet that obligation.Exceptionally, a derogation from the obligation to continue the work may be granted if the nature of a project prevents its continuation or if the recipient is confronted by circumstances, notably of an internal regulatory or financial nature, which prevent the project from being continued.4. Financial support provided under the Robert Schuman project shall be awarded in accordance with the Commission's rules governing grants. Compliance with those rules shall be monitored by the Commission and the Court of Auditors of the European Communities.Article 8 Implementation 1. The Commission shall be responsible for carrying out this programme and shall adopt practical arrangements for its implementation.2. A call for expressions of interest shall be published each year in the Official Journal of the European Communities to inform potential applicants of the Robert Schuman project's objectives and the conditions governing the award of grants.Article 9 Consistency of Community action 1. The Commission shall be responsible, jointly with the Member States, for ensuring the overall consistency of this programme and other Community training or information initiatives.2. The Robert Schuman project shall complement action carried out under other Community programmes, in particular the Leonardo da Vinci programme for the implementation of a European Community vocational training policy, the Jean Monnet project to promote teaching on European integration at university level and the Grotius programme of incentives and exchanges for legal practitioners (joint action adopted on the basis of Article K.3 of the Treaty on European Union).Article 10 Assessment and monitoring 1. The Commission shall be responsible for assessing and monitoring this programme on a periodic basis and shall keep the Member States regularly informed.2. The Commission shall submit an assessment report on implementation of the programme to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions no later than two years after the programme enters into force.Article 11 Entry into force This Decision shall enter into force on the date of its publication in the Official Journal of the European Communities.Done at Luxembourg, 22 June 1998.For the European ParliamentThe PresidentJ. M. GIL-ROBLESFor the CouncilThe PresidentJ. CUNNINGHAM(1) OJ C 378, 13. 12. 1996, p. 17, and OJ C 368, 5. 12. 1997, p. 6.(2) OJ C 206, 7. 7. 1997, p. 63.(3) Opinion of the European Parliament of 24 October 1997 (OJ C 339, 10. 11. 1997, p. 410), Council Common Position of 9 March 1998 (OJ C 135, 30. 4. 1998, p. 25) and Decision of the European Parliament of 30 April 1998 (OJ C 152, 18. 5. 1998).Council Decision of 18 May 1998.(4) OJ C 65, 4. 3. 1996, p. 37.


title: Council Decision (CFSP) 2016/2240 of 12 December 2016 amending Decision 2012/389/CFSP on the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR)

text:
               13.12.2016

               EN

               Official Journal of the European Union

               L 337/18

         COUNCIL DECISION (CFSP) 2016/2240
   of 12 December 2016
   amending Decision 2012/389/CFSP on the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28, Article 42(4) and Article 43(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 16 July 2012, the Council adopted Decision 2012/389/CFSP (1) on the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR).

               (2)

               On 22 July 2014, the Council adopted Decision 2014/485/CFSP (2), amending Decision 2012/389/CFSP and extending EUCAP NESTOR until 12 December 2016.

               (3)

               The Holistic and Comprehensive Strategic Review of CSDP Engagement in Somalia and the Horn of Africa led to the conclusion that EUCAP NESTOR should focus on Somalia and that, consequently, its name should be changed to EUCAP Somalia and its mandate should be adapted and extended until December 2018.

               (4)

               Decision 2012/389/CFSP, including if necessary the Mission's tasks and objectives, should be reviewed in the course of 2017.

               (5)

               The reference amount provided for to cover the period until 12 December 2016 is sufficient to cover the period until 28 February 2017, when detailed information on the financial needs for the new approach should be available to establish a reference amount for the subsequent period,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2012/389/CFSP is amended as follows:

               (1)

               In the title and throughout the text, the name ‘EUCAP NESTOR’ is replaced by ‘EUCAP Somalia’.

               (2)

               Article 1 is replaced by the following:
               ‘Article 1
               Mission
               The Union hereby establishes a Capacity Building Mission in Somalia (EUCAP Somalia).’.

               (3)

               Article 2 is replaced by the following:
               ‘Article 2
               Mission Statement
               EUCAP Somalia shall assist Somalia in strengthening its maritime security capacity in order to enable it to enforce maritime law more effectively.’.

               (4)

               Article 3 is replaced by the following:
               ‘Article 3
               Objectives and tasks
               1.   In order to achieve the Mission Statement set out in Article 2, EUCAP Somalia shall:

                           (a)

                           enhance the Somali maritime civilian law enforcement capacity to exert effective maritime governance over its coastline, internal waters, territorial seas and exclusive economic zones;

                           (b)

                           in particular, reinforce the Somali capacity to carry out fisheries inspections and enforcement, ensure maritime search and rescue, counter smuggling, fight piracy and police the coastal zone on land and at sea;

                           (c)

                           pursue these objectives through supporting Somali authorities in developing the necessary legislation and setting up judicial authorities and through providing the necessary mentoring, advice, training and equipment to Somali maritime civilian law enforcement entities.

                     2.   In order to achieve these objectives, EUCAP Somalia shall operate in accordance with the lines of operation and tasks set out in the operational planning documents approved by the Council.
               3.   EUCAP Somalia shall not carry out any executive function.’.

               (5)

               In Article 13(1), the last subparagraph is replaced by the following:
               ‘The financial reference amount intended to cover the expenditure related to EUCAP Somalia for the period from 16 December 2015 to 28 February 2017 shall be EUR 12 000 000.’.

               (6)

               In Article 16, the second paragraph is replaced by the following:
               ‘It shall apply until 31 December 2018.’.

         Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 12 December 2016.

            For the Council

            The President

         F. MOGHERINI

      (1)  Council Decision 2012/389/CFSP of 16 July 2012 on the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) (OJ L 187, 17.7.2012, p. 40).

      (2)  Council Decision 2014/485/CFSP of 22 July 2014 amending Decision 2012/389/CFSP on the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) (OJ L 217, 23.7.2014, p. 39).


title: 2011/343/EU: Council Decision of 9 March 2011 on the conclusion of the Agreement between the European Community and the Hashemite Kingdom of Jordan on Scientific and Technological Cooperation

text:
               17.6.2011

               EN

               Official Journal of the European Union

               L 159/1

         COUNCIL DECISION
   of 9 March 2011
   on the conclusion of the Agreement between the European Community and the Hashemite Kingdom of Jordan on Scientific and Technological Cooperation
   (2011/343/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 186, in conjunction with point (v) of Article 218(6)(a), thereof,
   Having regard to the proposal from the Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               The Commission negotiated, on behalf of the Community, an Agreement between the European Community and the Hashemite Kingdom of Jordan on Scientific and Technological Cooperation.

               (2)

               That Agreement was signed by the representatives of the Parties on 30 November 2009 in Brussels, and has been provisionally applied upon signature pursuant to Article 7(2) of the Agreement, pending its conclusion.

               (3)

               As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community.

               (4)

               The Agreement should be concluded on behalf of the Union,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Community and the Hashemite Kingdom of Jordan on Scientific and Technological Cooperation is hereby approved on behalf of the Union (1).
   Article 2
   The President of the Council shall, on behalf of the Union, give the notification provided for in Article 7(2) of the Agreement and make the following notification to the Hashemite Kingdom of Jordan:

      ‘As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to “the European Community” in the text of the Agreement are, where appropriate, to be read as “the European Union”.’

   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 9 March 2011.

            For the Council

            The President

         CSÉFALVAY Z.

      (1)  See page 108 of this Official Journal.


title: 78/1013/EEC: Council Decision of 23 November 1978 replacing an alternate member of the Advisory Committee on Social Security or Migrant Workers

text:
No L 349/ 18                           Official Journal of the European Communities                        13 . 12 . 78
                                                   COUNCIL DECISION
                                                   of 23 November 1978
            replacing an alternate member of the Advisory Committee on Social Security for Migrant
                                                            Workers
                                                       ( 78 / 1013 /EEC)
            THE COUNCIL OF THE EUROPEAN COMMUNITIES,
            Having regard to the Treaty establishing the European Economic Community,
            Having regard to Council Regulation (EEC) No 1408 /71 of 14 June 1971 on the application
            of social security schemes to employed persons and their families moving within the
            Community ( 1), and in particular Article 82 thereof,
            Having regard to the Council Decision of 8 February 1977 appointing the members and
            alternate members of the Advisory Committee on Social Security for Migrant Workers for
            the period ending 7 February 1979,
            Whereas a seat as alternate member of the above committee in the 'government
            representatives' category has fallen vacant following the resignation of Mr Decisier, notified
            to the Council on 20 November 1978 ;
            Having regard to the nomination submitted on 20 November 1978 ,
            HAS DECIDED AS FOLLOWS :
                                                          Sole Article
            Mr Serge Darmon is hereby appointed alternate member of the Advisory Committee on
            Social Security for Migrant Workers in place of Mr Decisier for the remainder of the latter's
             term of office, i.e. until 7 February 1979.
            Done at Brussels, 23 November 1978 .
                                                                                For the Council
                                                                                The President
                                                                                J. ERTL
            ( a) OJ No L 149 , 5 . 7. 1971 , p. 2.


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32003D0563

2003/563/CFSP: Council Decision 2003/563/CFSP of 29 July 2003 on the extension of the European Union military operation in the Former Yugoslav Republic of Macedonia

Official Journal L 190 , 30/07/2003 P. 0020 - 0021

Council Decision 2003/563/CFSPof 29 July 2003on the extension of the European Union military operation in the Former Yugoslav Republic of MacedoniaTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 17(2),Having regard to Joint Action 2003/92/CFSP of 27 January 2003 on the European Union military operation in the Former Yugoslav Republic of Macedonia(1),Whereas:(1) Council Decision 2003/202/CFSP of 18 March 2003 relating to the launch of the EU military operation in the Former Yugoslav Republic of Macedonia(2) states that the anticipated duration of the EU operation in the Former Yugoslav Republic of Yugoslavia is six months from 31 March 2003.(2) By letter addressed to the Secretary General/High Representative, dated 4 July 2003, the President of the Former Yugoslav Republic of Macedonia, Mr Trajkovski, invited the European Union to extend Operation Concordia until 15 December 2003 with the existing mandate and legal framework.(3) On 7 July 2003, the Committee of Contributors expressed the opinion that the operation should be extended until 15 December 2003.(4) The Political and Security Committee assessed the progress of Operation Concordia and agreed, taking into account the advice of the European Union Military Committee dated 7 July 2003, on 11 July 2003, to recommend that the Operation should be extended until 15 December 2003.(5) On 24 July 2003 the European Union Military Committee submitted to the Political and Security Committee a military advice on the provision of a Force Headquarters for the Operation beyond 30 September 2003.(6) An exchange of Letters took place with NATO on the continuation of the release, monitoring, return and recall of NATO assets and capabilities for an EU military operation in the Former Yugoslav Republic of Macedonia, under the terms of the specific agreement between EU and NATO dated 17 March 2003.(7) Nations of Eurofor proposed on 17 July 2003 that Eurofor provides the framework for the Force Headquarters for Operation Concordia as of 1 October 2003.(8) The Council agreed on 21 July 2003 to extend the operation under the previous terms for a brief additional period until 15 December 2003, expressed its appreciation for France's performance so far as Framework Nation at the Force Headquarters level and welcomed the offer from Eurofor to take over from France the Framework responsibilities at the Force Headquarters level.(9) The financial parameters of Concordia are not expected to change as of 1 October 2003. Therefore, the application of Article 7(3) of the Financial Regulation annexed to the Council Decision of 27 January 2003 establishing an operational financing mechanism for the financing of the shared costs of an European Union military operation in the Former Yugoslav Republic of Macedonia is not relevant for the remaining period of Concordia.(10) The deadlines foreseen by Article 9(2) of the above Financial Regulation can not be complied with.(11) The Political and Security Committee will continue to examine the situation in the Former Yugoslav Republic of Macedonia in view of further appropriate decisions to be adopted by the Council.(12) In conformity with Article 6 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not participate in the elaboration and implementation of decisions and actions of the European Union which have defence implications. Denmark does not participate in the financing of the operation,HAS DECIDED AS FOLLOWS:Article 1The European Union military operation in the Former Yugoslav Republic of Macedonia shall be extended until 15 December 2003.Article 21. Major General Luis Nelson Ferreira dos Santos is appointed EU Force Commander as of 1 October 2003.2. Eurofor takes over from France the responsibilities at the Force Headquarters level as of 1 October 2003.Article 31. Article 7(3) of the Financial Regulation annexed to the Council Decision of 27 January 2003 establishing an Operational Financing Mechanism for the financing of the common costs of a European Union military operation in the Former Yugoslav Republic of Macedonia shall not apply.2. Notwithstanding Article 9(2) of the above Financial Regulation, the budget for the following financial period shall be approved by the Presidency at the latest on 30 September 2003.3. The administrator of the Operational Financing Mechanism for the financing of the common costs of a European Union military operation in the Former Yugoslav Republic of Macedonia is allowed to call contributions from the contributing member states up to EUR 800000.Article 4This Decision shall enter into force on the date of its adoption.Article 5This Decision shall be published in the Official Journal of the European Union.Done at Brussels, 29 July 2003.For the CouncilThe PresidentF. Frattini(1) OJ L 34, 11.2.2003, p. 26.(2) OJ L 76, 22.3.2003, p. 43.


title: Council Decision (EU, Euratom) 2016/1697 of 16 September 2016 appointing a member, proposed by the Republic of Finland, of the European Economic and Social Committee

text:
               22.9.2016

               EN

               Official Journal of the European Union

               L 256/6

         COUNCIL DECISION (EU, Euratom) 2016/1697
   of 16 September 2016
   appointing a member, proposed by the Republic of Finland, of the European Economic and Social Committee
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
   Having regard to the proposal of the Finnish Government,
   Having regard to the opinion of the European Commission,
   Whereas:

               (1)

               On 18 September 2015 and 1 October 2015, the Council adopted Decisions (EU, Euratom) 2015/1600 (1) and 2015/1790 (2) appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020.

               (2)

               A member's seat on the European Economic and Social Committee has become vacant following the end of the term of office of Ms Marianne MUONA,

         HAS ADOPTED THIS DECISION:
   Article 1
   Ms Tiina VALLANDER, Senior Advisor on International Affairs, Finnish Confederation for Professionals SITK, is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2020.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 16 September 2016.

            For the Council

            The President

         M. LAJČÁK

      (1)  Council Decision (EU, Euratom) 2015/1600 of 18 September 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020 (OJ L 248, 24.9.2015, p. 53).

      (2)  Council Decision (EU, Euratom) 2015/1790 of 1 October 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020 (OJ L 260, 7.10.2015, p. 23).


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31989D0068

89/68/EEC, Euratom, ECSC: COMMISSION Decision of 22 November 1988 adjusting the weightings applicable from 1 October 1988 to the remuneration of officials of the European Communities serving in non-member countries

Official Journal L 029 , 31/01/1989 P. 0063 - 0064

*****COMMISSION  DECISION  of 22 November 1988  adjusting the weightings applicable from 1 October 1988 to the remuneration of officials of the European Communities serving in non-member countries  (89/68/EEC, EURATOM, ECSC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities,  Having regard to the Staff Regulations of Officials of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (ECSC, EEC, Euratom) No 2339/88 (2), and in particular the second paragraph of Article 13 of Annex X thereto,  Whereas, pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations, Council Regulation (ECSC, EEC, Euratom) No 3383/88 (3) laid down the weightings to be applied from 1 July 1988 to the remuneration of officials serving in non-member countries payable in the currency of their country of employment;  Whereas the Commission has made a number of adjustments to these weightings in recent months (4) pursuant to the second paragraph of Article 13 of Annex X to the Staff Regulations;  Whereas some of these weightings should be adjusted with effect from 1 October 1988 given that the statistics available to the Commission show that in certain non-member countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down or adjusted,  HAS DECIDED AS FOLLOWS:  Sole Article  With effect from 1 October 1988 the weightings applicable to the remuneration of officials serving in non-member countries payable in the currency of their country of employment are hereby adjusted as shown in the Annex.  The exchange rates for the payment of such remuneration shall be those used for implementation of the budget of the European Communities during the month preceding the date on which this Decision takes effect.  Done at Brussels, 22 November 1988.  For the Commission  Henning CHRISTOPHERSEN  Vice-President  (1) OJ No L 56, 4. 3. 1968, p. 1.  (2) OJ No L 204, 29. 7. 1988, p. 5.  (3) OJ No L 296, 29. 10. 1988, p. 79.  (4) See page 61 of this Official Journal.  ANNEX  1.2 //  //  // Country of employment  // Weighting   //  //   // Brazil   // 64,60   // Costa Rica   // 65,80  // Gambia   // 83,53   // Lebanon   // 65,02   // Mexico  // 59,97   // Sierra Leone   // 120,30   // Somalia   // 46,19   // Sudan   // 88,88   // Syria   // 141,54   // Turkey  // 55,88   // Uganda   // 85,44   // Venezuela   // 35,24  // Yugoslavia   // 35,79   // Zaire   // 97,73   //    //


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31973D0422

73/422/EEC: Commission Decision of 31 October 1973 on the Advisory Committee on Sugar

Official Journal L 355 , 24/12/1973 P. 0043 - 0045 Greek special edition: Chapter 03 Volume 10 P. 0077  Spanish special edition: Chapter 03 Volume 7 P. 0119  Portuguese special edition Chapter 03 Volume 7 P. 0119

++++ ( 1 ) OJ N L 122 , 22 . 5 . 1969 , PP . 2 TO 4 .  COMMISSION DECISION  OF 31 OCTOBER 1973  ON THE ADVISORY COMMITTEE ON SUGAR   ( 73/422/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;  WHEREAS AN ADVISORY COMMITTEE ON SUGAR WAS SET UP BY THE COMMISSION DECISION OF 29 APRIL 1969 ( 1 ) ;  WHEREAS IT IS CONSIDERED DESIRABLE , AS A RESULT OF THE ACCESSION OF NEW MEMBER STATES TO THE COMMUNITY , TO ALTER THE RULES FIXING THE NUMBER AND APPORTIONMENT OF SEATS ON THIS COMMITTEE ;  WHEREAS , MOREOVER , THE TEXT OF THE DECISION AFORESAID REQUIRES CERTAIN MINOR ALTERATIONS AND IT IS THEREFORE NECESSARY FOR THE SAKE OF CLARITY TO PRODUCE A COMPLETELY NEW VERSION OF THE TEXT ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE TEXT OF THE DECISION OF 29 APRIL 1969 SETTING UP AN ADVISORY COMMITTEE ON SUGAR IS REPLACED BY THE FOLLOWING :   " ARTICLE 1  1 . THERE SHALL BE ATTACHED TO THE COMMISSION AN ADVISORY COMMITTEE ON SUGAR , HEREINAFTER CALLED THE " COMMITTEE " .  2 . THE COMMITTEE SHALL BE COMPOSED OF REPRESENTATIVES OF THE FOLLOWING INTERESTS : GROWERS , COOPERATIVES , THE PROCESSING AND FOOD-MANUFACTURING INDUSTRIES , TRADERS IN AGRICULTURAL PRODUCE AND FOODSTUFFS , AGRICULTURAL WORKERS AND WORKERS IN THE PROCESSING AND FOOD-MANUFACTURING INDUSTRIES , CONSUMERS .  ARTICLE 2  1 . THE COMMITTEE MAY BE CONSULTED BY THE COMMISSION ON ANY PROBLEM CONCERNING THE OPERATION OF REGULATIONS ON THE COMMON ORGANIZATION OF THE MARKET IN SUGAR AND IN PARTICULAR ON MEASURES TO BE ADOPTED UNDER THOSE REGULATIONS .  2 . THE CHAIRMAN OF THE COMMITTEE MAY INDICATE TO THE COMMISSION THE DESIRABILITY OF CONSULTING THE COMMITTEE ON ANY MATTER WITHIN THE LATTER'S COMPETENCE ON WHICH ITS OPINION HAS NOT BEEN SOUGHT .  HE SHALL DO SO , IN PARTICULAR , AT THE REQUEST OF ONE OF THE INTERESTS REPRESENTED .  3 . IN RESPECT OF PROBLEMS RELATING TO :   ( A ) CONTRACTS FOR THE SUPPLY OF SUGAR BEET ,   ( B ) PAYMENT FOR SUGAR BEET AND SUGAR CANE ,   ( C ) DISPOSAL OF SUGAR SURPLUSES ,   ( D ) ARRANGEMENTS TO OFFSET STORAGE COSTS FOR SUGAR ,   ( E ) THE ALLOCATION OF QUOTAS PARTICULARLY IN THE EVENT OF MERGERS BETWEEN UNDERTAKINGS ,  THE COMMISSION MAY , ACTING THROUGHT THE JOINT WORKING PARTY PROVIDED FOR IN ARTICLE 5 OF THIS DECISION , CONSULT ONLY THE REPRESENTATIVES OF BEET AND CANE GROWERS AND THE REPRESENTATIVES OF SUGAR MANUFACTURERS .  ARTICLE 3  1 . THE COMMITTEE SHALL CONSIST OF FORTY-TWO MEMBERS .  2 . SEATS ON THE COMMITTEE SHALL BE APPORTIONED AS FOLLOWS :   _ FIFTEEN TO REPRESENTATIVES OF BEET AND CANE GROWERS ,   _ SIX TO REPRESENTATIVES OF BEET AND CANE PROCESSING COOPERATIVES ,   _ NINE TO REPRESENTATIVES OF THE SUGAR PRODUCER AND USER INDUSTRIES , OF WHICH :   _ SIX TO REPRESENTATIVES OF SUGAR MANUFACTURERS ,   _ ONE TO REPRESENTATIVES OF THE RAW SUGAR REFINING INDUSTRY ,   _ TWO TO REPRESENTATIVES OF THE SUGAR USER INDUSTRIES ,   _ TWO TO REPRESENTATIVES OF THE SUGAR AND MOLASSES TRADE ,   _ FIVE TO REPRESENTATIVES OF AGRICULTURAL WORKERS AND WORKERS IN THE PROCESSING AND FOOD MANUFACTURING INDUSTRIES ,   _ FIVE TO CONSUMERS' REPRESENTATIVES .  ARTICLE 4  1 . MEMBERS OF THE COMMITTEE SHALL BE APPOINTED BY THE COMMISSION ON PROPOSALS FROM THE TRADE AND WORKERS' ORGANIZATIONS SET UP AT COMMUNITY LEVEL WHICH ARE MOST REPRESENTATIVE OF THE INTERESTS SPECIFIED IN ARTICLE 1 ( 2 ) AND WHOSE ACTIVITIES COME WITHIN THE SCOPE OF THE COMMON ORGANIZATION OF THE MARKET IN SUGAR ; CONSUMERS' REPRESENTATIVES SHALL BE APPOINTED ON PROPOSALS FROM THE CONSUMERS' ADVISORY COMMITTEE .  THOSE BODIES SHALL FOR EACH SEAT TO BE FILLED PUT FORWARD THE NAMES OF TWO CANDIDATES OF DIFFERENT NATIONALITY .  2 . THE TERM OF OFFICE FOR MEMBERS OF THE COMMITTEE SHALL BE THREE YEARS . THEIR APPOINTMENTS MAY BE RENEWED . MEMBERS SHALL NOT BE REMUNERATED FOR THEIR SERVICES .  AFTER EXPIRY OF THE THREE YEARS MEMBERS OF THE COMMITTEE SHALL REMAIN IN OFFICE UNTIL THEY ARE REPLACED OR UNTIL THEIR APPOINTMENTS ARE RENEWED .  A MEMBER'S TERM OF OFFICE MAY BE TERMINATED BEFORE EXPIRY OF THE THREE YEARS BY DEATH OR RESIGNATION .  IT MAY ALSO BE TERMINATED WHERE THE BODY WHICH THE MEMBER REPRESENTS REQUESTS THAT HE BE REPLACED .  A PERSON SHALL BE APPOINTED , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN PARAGRAPH 1 , TO REPLACE SUCH MEMBER FOR THE REMAINDER OF HIS TERM OF OFFICE .  3 . A LIST OF THE MEMBERS OF THE COMMITTEE SHALL BE PUBLISHED BY THE COMMISSION FOR INFORMATION PURPOSES , IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  ARTICLE 5  1 . THERE SHALL BE SET UP UNDER THE AUSPICES OF THE COMMITTEE A JOINT WORKING PARTY CONSISTING OF NINE BEET AND CANE GROWERS' REPRESENTATIVES AND NINE SUGAR MANUFACTURERS' REPRESENTATIVES , APPOINTED BY THE COMMISSION ON PROPOSALS FROM THE TRADE ORGANIZATIONS CONCERNED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 4 .  MEMBERS OF THE WORKING PARTY NEED NOT BE MEMBERS OF THE COMMITTEE .  2 . IN THE EVENT OF A MEMBER OF THE JOINT WORKING PARTY BEING UNABLE TO ATTEND A MEETING , AND IN THIS EVENT ONLY , ANOTHER PERSON MAY ATTEND IN HIS STEAD .  THE TRADE ORGANIZATION WHICH PROPOSED THE ABSENT MEMBER MAY PROPOSE A SUBSTITUTE FOR HIM TO THE CHAIRMAN .  3 . THE CHAIRMAN OF THE JOINT WORKING PARTY MAY INDICATE TO THE COMMISSION THE DESIRABILITY OF CONSULTING THE WORKING PARTY ON ANY MATTER WITHIN ARTICLE 2 ( 3 ) ON WHICH IT HAS NOT BEEN CONSULTED . HE SHALL DO SO , IN PARTICULAR , AT THE REQUEST OF EITHER OF THE TWO INTERESTS REPRESENTED ON THE WORKING PARTY .  ARTICLE 6  1 . THE COMMITTEE SHALL , BY A TWO-THIRDS MAJORITY OF THE MEMBERS PRESENT , ELECT A CHAIRMAN AND TWO VICE-CHAIRMEN FOR A PERIOD OF THREE YEARS .  THE COMMITTEE MAY , BY THE LIKE MAJORITY , ELECT FURTHER OFFICERS FROM AMONG THE OTHER MEMBERS .  IN THAT CASE , THE OFFICERS OTHER THAN THE CHAIRMAN SHALL CONSIST AT MOST OF ONE REPRESENTATIVE OF EACH INTEREST REPRESENTED ON THE COMMITTEE . THE OFFICERS SHALL PREPARE AND ORGANIZE THE WORK OF THE COMMITTEE .  2 . THE JOINT WORKING PARTY SHALL , BY A TWO-THIRDS MAJORITY OF THE MEMBERS PRESENT , ELECT A CHAIRMAN AND VICE-CHAIRMAN FOR A PERIOD OF ONE YEAR . THE CHAIRMAN AND VICE-CHAIRMAN MAY NOT BOTH REPRESENT THE SAME INTEREST . THEY SHALL BE CHOSEN ALTERNATELY FROM THE TWO INTERESTS REPRESENTED .  ARTICLE 7  1 . AT THE REQUEST OF ANY OF THE INTERESTS REPRESENTED , THE CHAIRMAN MAY INVITE A PERSON DELEGATED BY THE INTEREST CONCERNED TO BE PRESENT AT MEETINGS OF THE COMMITTEE . HE MAY LIKEWISE ON SUCH REQUEST INVITE ANY PERSON WITH SPECIAL QUALIFICATIONS IN ANY SUBJECT ON THE AGENDA TO TAKE PART IN AN EXPERT CAPACITY IN THE DELIBERATIONS OF THE COMMITTEE .  2 . THE CHAIRMAN OF THE JOINT WORKING PARTY MAY INVITE ANY PERSON WITH SPECIAL QUALIFICATIONS IN ANY SUBJECT ON THE AGENDA TO TAKE PART IN AN EXPERT CAPACITY IN THE DELIBERATIONS OF THE WORKING PARTY .  3 . EXPERTS SHALL TAKE PART ONLY IN THOSE DISCUSSIONS IN THE COMMITTEE OR IN THE JOINT WORKING PARTY WHICH CONCERN THE QUESTIONS ON ACCOUNT OF WHICH THEY WERE INVITED .  ARTICLE 8  THE COMMITTEE AND THE JOINT WORKING PARTY MAY SET UP WORKING GROUPS TO ASSIST THEM IN CARRYING OUT THEIR WORK .  ARTICLE 9  1 . THE COMMITTEE AND THE JOINT WORKING PARTY SHALL BE CONVENED BY THE COMMISSION AND SHALL MEET AT COMMISSION HEADQUARTERS . MEETINGS OF THE OFFICERS SHALL BE CONVENED BY THE CHAIRMAN BY ARRANGEMENT WITH THE COMMISSION .  2 . REPRESENTATIVES OF THE COMMISSION DEPARTMENTS CONCERNED SHALL TAKE PART IN MEETINGS OF THE COMMITTEE , ITS OFFICERS , THE JOINT WORKING PARTY AND THE WORKING GROUPS .  3 . SECRETARIAL SERVICES FOR THE COMMITTEE , ITS OFFICERS , THE JOINT WORKING PARTY AND THE WORKING GROUPS SHALL BE PROVIDED BY THE COMMISSION .  ARTICLE 10  THE COMMITTEE SHALL DISCUSS MATTERS ON WHICH THE COMMISSION HAS REQUESTED AN OPINION . NO VOTE SHALL BE TAKEN .  THE COMMISSION MAY , WHEN SEEKING THE OPINION OF THE COMMITTEE , SET A TIME LIMIT WITHIN WHICH SUCH OPINION SHALL BE GIVEN .  THE VIEWS EXPRESSED BY THE VARIOUS INTERESTS REPRESENTED SHALL BE INCLUDED IN A REPORT FORWARDED TO THE COMMISSION .  IN THE EVENT OF UNANIMOUS AGREEMENT BEING REACHED IN THE COMMISSION ON THE OPINION TO BE GIVEN , THE COMMISSION SHALL FORMULATE JOINT CONCLUSIONS AND ATTACH THEM TO THE REPORT .  THE OUTCOME OF THE COMMITTEE'S DISCUSSIONS SHALL ON REQUEST BE COMMUNICATED BY THE COMMISSION TO THE COUNCIL AND TO THE MANAGEMENT COMMITTEE .  ARTICLE 11  THE CHAIRMAN OF THE JOINT WORKING PARTY SHALL REPORT TO THE COMMITTEE ON THE WORK OF THE WORKING PARTY .  ARTICLE 12  WITHOUT PREJUDICE TO THE PROVISIONS OF ARTICLE 214 OF THE TREATY , WHERE THE COMMISSION INFORMS THEM THAT THE OPINION REQUESTED OR THE QUESTION RAISED IS ON A MATTER OF A CONFIDENTIAL NATURE , MEMBERS OF THE COMMITTEE AND MEMBERS OF THE JOINT WORKING PARTY , OR THOSE ATTENDING IN THEIR STEAD PURSUANT TO ARTICLE 5 ( 2 ) , SHALL BE UNDER AN OBLIGATION NOT TO DISCLOSE INFORMATION WHICH HAS COME TO THEIR KNOWLEDGE THROUGH THE WORK OF THE COMMITTEE , THE JOINT WORKING PARTY OF THE WORKING GROUPS .  IN SUCH CASES , ONLY MEMBERS OF THE COMMITTEE , MEMBERS OF THE JOINT WORKING PARTY , THOSE ATTENDING IN THEIR PURSUANT TO ARTICLE 5 ( 2 ) AND REPRESENTATIVES OF THE COMMISSION DEPARTMENTS CONCERNED MAY BE PRESENT AT MEETINGS . "  ARTICLE 2  THIS DECISION SHALL ENTER INTO FORCE ON 31 OCTOBER 1973 .  DONE AT BRUSSELS , 31 OCTOBER 1973 .  FOR THE COMMISSION  THE PRESIDENT  FRANCOIS-XAVIER ORTOLI


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31982D0757

82/757/EEC: Commission Decision of 11 November 1982 accepting undertakings given in connection with the anti-dumping procedure concerning decabromodiphenylether originating in the United States of America and terminating the procedure

Official Journal L 319 , 16/11/1982 P. 0016 - 0017

*****COMMISSION  DECISION  of 11 November 1982  accepting undertakings given in connection with the anti-dumping procedure concerning decabromodiphenylether originating in the United States of America and terminating the procedure  (82/757/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 3017/79 of 20 December 1979 on protection against dumped or subsidized imports from countries not members of the European Economic Commun- ity (1), as amended by Regulation (EEC) No 1580/82 (2), and in particular Article 10 thereof,  Whereas in October 1981 the Commission received a complaint lodged by the European Council of Chemical Manufacturers' Federations (CEFIC) on behalf of a German company alleged to be the major Community producer of decabromodiphenylether; whereas the complaint contained sufficient evidence of the existence of dumping in respect of decabromodiphenylether originating in the United States of America and of material injury resulting therefrom;  Whereas the said evidence was sufficient to justify initiating an investigation;  Whereas the Commission accordingly announced, by a notice published in the Official Journal of the European Communities (3), the initiation of a procedure concerning imports of decabromodiphenylether originating in the United States of America and commenced an investigation at Community level;  Whereas the Commission officially so advised the exporters and importers known to be concerned;  Whereas in the course of the investigation it has been established that the German company on whose behalf the complaint had been lodged was not in fact producing decabromodiphenylether but nonabromodiphenyl, claimed to be a like product; whereas, however, a French producer of decabromodiphenylether submitted, in response to the notice of initiation of the procedure, a complementary complaint, non-confidential copies of which were distributed to the exporters and importers known to be concerned;  Whereas the Commission announced by a notice published in the Official Journal of the European Communities (4), that the procedure would be continued on the basis of the complementary complaint lodged by the French producer of decabromodiphenylether;  Whereas the Commission has given the parties directly concerned the opportunity to make known their views in writing and to be heard orally, and to meet so that opposing views might be presented and arguments put forward in rebuttal;  Whereas the majority of the parties concerned have taken this opportunity;  Whereas, in order to arrive at a preliminary determination of the existence of dumping, the Commission sought to obtain and verify all information which it deemed to be necessary and carried out inspections at the premises of the US producers , viz. Dow Chemical Company, Midland, Michigan; Great Lakes Chemical Corporation, West Lafayette, Indiana and Saytech Inc., Sayreville, New Jersey; whereas the Commission compared export prices to the Community with US domestic prices for each company in the USA; whereas, for Dow Chemical Company and Great Lakes Chemical Corporation, in view of the inter-company relationship with their importers in the Community, these export prices were constructed on the basis of the prices at which the imported product was first resold to an independent buyer with allowances being made where appropriate for duties, taxes, transport, handling and for a reasonable margin for overheads allocated according to sales and administration costs; whereas the price comparisons were made at the ex-factory level for sales made during the period 1 January to 31 December 1981;  Whereas the investigations on dumping showed the following weighted average dumping margins:  - Dow Chemical Company 49;66 %  - Great Lakes Chemical Corporation 41;76 %  - Saytech Inc. 27;69 %  Whereas, in order to arrive at a preliminary determination of the existence of injury, the Commission contacted a number of agents and importers and carried out investigations at the premises of Dow Chemical (Nederland) BV, the Netherlands, and Great Lakes Chemical Europe Ltd, United Kingdom;  whereas the Commission also carried out - investigations at the premises of the main complainant Community producer, namely Produits Chimiques Ugine Kuhlmann, Paris, France;  Whereas, with regard to the injury caused to the Community industry, the evidence available to the Commission shows that total imports into the Community of decabromodiphenylether originating in the United States of America rose from approximately 1 099 tonnes in 1979 to 1 267 tonnes in 1980 and 1 288 tonnes in 1981;  Whereas, in the absence of separate import figures relating to decabromodiphenylether, it is difficult to gauge exactly the size of the Community market for this product; whereas, nevertheless, the best information available suggests that US exports held a market share in the Community of 78;7 % in 1981;  Whereas market conditions in this sector have been such that the Community producer has aligned his sales prices with those of the US exporters; whereas this has allowed the Community producer to increase sales but at the cost of serious financial losses;  Whereas material injury to the Community industry is characterized by depression of Community prices and prevention of price increases which otherwise would have occurred, with consequent operating lossses;  Whereas the Commission has considered the injury caused by other factors which, individually or in combination, may also be affecting the Community industry; whereas the information available suggests that there have been little or no imports from countries other than the USA and that there has been no contraction in demand which might have adversely affected the Community industry;  Whereas the preliminary examination of the facts shows that there is dumping of decabromodiphenylether exported by Dow Chemical Company, Great Lakes Chemical Corporation and Saytech Inc., and that these dumped imports have in themselves consequences which have to be considered as material injury to the Community industry;  Whereas the exporters concerned were informed of the main findings of the preliminary investigation and commented on them; whereas undertakings were subsequently offered by Dow Chemical Company, Great Lakes Chemical Corporation and Saytech Inc., concerning imports originating in the USA;  Whereas the effect of these undertakings will be to increase resale prices in the Community to a level considered necessary by the Commission to eliminate injury, having taken account of the Community producer's prices, costs and profitability and the marketing conditions governing the importers' reselling costs; whereas these increases in no case exceed the dumping margin;  Whereas the Commission has, therefore, determined that it is not now necessary to take protective action in respect of imports of decabromodiphenylether originating in the USA;  Whereas, in these circumstances, the undertakings offered are considered acceptable and the procedure may, therefore, be terminated without imposition of anti-dumping duties;  Whereas no objection to this course was raised in the Advisory Committee,  HAS DECIDED AS FOLLOWS:  Article 1  The undertakings given by Dow Chemical Company, Great Lakes Chemical Corporation and Saytech Inc. in connection with the anti-dumping procedure concerning decabromodiphenylether falling within Common Customs Tariff subheading ex 29.08 A III c) and corresponding to NIMEXE code ex 29.08-18, originating in the United States of America are hereby accepted.  Article 2  The anti-dumping procedure concerning imports of decabromodiphenylether originating in the United States of America is hereby terminated.  Done at Brussels, 11 November 1982.  For the Commission  Wilhelm HAFERKAMP  Vice-President  (1) OJ No L 339, 31. 12. 1979, p. 1.  (2) OJ No L 178, 22. 6. 1982, p. 9.  (3) OJ No C 337, 24. 12. 1981, p. 6.