title: Rules Governing Public Access To European Parliament documents — Bureau decision of 28 November 2001

text:
               22.7.2011

               EN

               Official Journal of the European Union

               C 216/19

         RULES GOVERNING PUBLIC ACCESS TO EUROPEAN PARLIAMENT DOCUMENTS
   Bureau decision of 28 November 2001 (1)
       (2)
       (3)
       (4)

   2011/C 216/07
   THE BUREAU,
   Having regard to Article 15(3) of the Treaty on the Functioning of the European Union (TFEU),
   Having regard to Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents and, in particular, to Articles 11, 12 and 18 thereof,
   Having regard to Rules 23(2) and (12), 103(1) and 104 of the Rules of Procedure,
   Whereas the general principles governing access to documents were established, in accordance with Article 15(3) of the TFEU, by Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001,
   Whereas, pursuant to former Article 255(3) of the EC Treaty and to Article 18(1) of Regulation (EC) No 1049/2001, the European Parliament adapted its Rules of Procedure by Decision of 13 November 2001,
   Whereas, pursuant to Rule 104(2), (3) and (4) of the Rules of Procedure, the Bureau is required to adopt rules establishing a register of references of documents, to lay down arrangements for access to and to determine the bodies responsible for the handling of applications for access,
   Whereas the measures relating to the system of fees for the issue of documents must be brought into line with the provisions of Article 10 of Regulation (EC) No 1049/2001 in order to specify the additional costs to be paid by the applicant for the issue of very large documents,
   Whereas the measures relating to the operation of the register of European Parliament documents need to be combined in a single decision in order to facilitate transparency for citizens,
   Whereas Regulation (EC) No 1049/2001 does not allow any distinction to be made between different types of applicant and whereas decisions taken pursuant thereto apply erga omnes; whereas Members and staff of the institutions have special access rights, as recognised by Parliament’s Rules of Procedure, the Financial Regulation, Regulation (EC) No 45/2001 and the Staff Regulations, which they may exercise without reference to Regulation (EC) No 1049/2001,
   Whereas Regulation (EC) No 1049/2001 and this Decision do not govern interinstitutional access to and forwarding of documents, which are dealt with in interinstitutional agreements,
   Whereas Regulation (EC) No 1049/2001 covers access to existing documents, and whereas requests for information are to be dealt with on the basis of other provisions,
   Whereas by its decision of 8 March 2010 the Bureau adopted a new list of categories of European Parliament documents that are directly accessible,
   Whereas technical adjustments need to be made in the light of the experience gained over recent years within the institution and during the development of Parliament’s intranet site,
   HEREBY DECIDES:
   TITLE I

      ELECTRONIC REGISTER OF REFERENCES (ERR)

   Article 1
   Creation
   1.   An electronic register of references (ERR) shall be established for European Parliament documents.
   2.   The register of references thus created shall include references to documents drawn up or received (subject to the following paragraph) by the European Parliament after the date on which Regulation (EC) No 1049/2001 became applicable (5).
   3.   On the basis of Article 10(2) of Regulation (EC) No 1049/2001, it shall not be necessary for documents of other institutions that have been received by the European Parliament and are already easily accessible in the electronic registers of the institutions concerned to be made available in the ERR. In such cases, the ERR shall provide a link to the register of the originating institution.
   4.   These references shall constitute the ‘document’s identity papers’ which include not only the data required by Article 11(2) of Regulation (EC) No 1049/2001 but also, as far as possible, references which enable the originating authority of each document, the available languages, the status of the document, the category of the document and the place of storage of the document to be identified.
   Article 2
   Objectives
   The ERR shall be structured so as to allow:

               —

               documents to be identified on the basis of a uniform reference system,

               —

               direct access to documents, in particular legislative documents, in electronic form,

               —

               the provision of information in cases where documents cannot be directly accessed electronically pursuant to Articles 4 and 9 of Regulation (EC) No 1049/2001.

         Article 3
   Operation
   The Unit for Transparency — Public Access to Documents and Relations with Lobbyists (hereinafter ‘the unit responsible’) shall:

               —

               monitor the recording in the ERR of documents drawn up or received by the European Parliament,

               —

               receive and process applications for access in written or electronic form within a time limit of 15 working days, which may be extended,

               —

               send out acknowledgements of receipt,

               —

               assist applicants with clarifying the substance of their applications and negotiate with applicants where applications relate to very long or complex documents,

               —

               assist applicants with access to documents already published,

               —

               coordinate the reply with the service which originated or holds the document or the authorised person when the application relates to a document not recorded in the register or a document subject to the restrictions laid down in Articles 4 and 9 of Regulation (EC) No 1049/2001,

               —

               consult third parties pursuant to Article 4(4) of Regulation (EC) No 1049/2001.

         Article 4
   Entry of documents in the ERR
   1.   Document references shall be entered in the ERR in accordance with instructions adopted by the Secretary-General which shall ensure maximum traceability of the documents. The range of documents covered by the ERR shall gradually be broadened and shall be displayed on the ERR home page on the Europarl site.
   2.   European Parliament documents as defined by Rule 104(2) of the European Parliament's Rules of Procedure shall be recorded in the ERR under the responsibility of the body or service which is the originator of the document.
   3.   Documents drawn up under the legislative procedure or for the purposes of parliamentary business shall be entered in the ERR as soon as they have been tabled or made public.
   4.   Other documents which fall within the remit of the administrative services of the European Parliament's Secretariat shall, as far as possible, be entered in the ERR in accordance with the Secretary-General’s instructions.
   5.   References for third-party documents within the meaning of Article 3 of Regulation (EC) No 1049/2001 shall be entered in the ERR by the service to which the documents were sent.
   Article 5
   Directly accessible documents
   1.   All documents drawn up or received by the European Parliament under the legislative procedure must be accessible to citizens in electronic form, subject to the restrictions laid down in Articles 4 and 9 of Regulation (EC) No 1049/2001.
   2.   The European Parliament shall make all legislative documents within the meaning of Article 12(2) of Regulation (EC) No 1049/2001 electronically accessible through the ERR or the Europarl internet site.
   3.   The categories of documents that are directly accessible shall be set out in a list adopted by the Bureau and posted on the Europarl internet site. That list shall not have the effect of circumscribing the right of access to documents not included in the listed categories, which may be made accessible on written request.
   Article 6
   Documents accessible on request
   1.   Documents drawn up or received by the European Parliament outside the legislative procedure shall, as far as possible, be directly accessible to citizens through the ERR, subject to the restrictions laid down in Articles 4 and 9 of Regulation (EC) No 1049/2001.
   2.   Where entry of a document in the ERR does not permit direct access to the full text, either because the document is not available in electronic form or because the exceptions provided for in Articles 4 and 9 of Regulation (EC) No 1049/2001 are applicable, the applicant may apply for access to the document in writing or using the electronic form available on the ERR site on Europarl.
   3.   Documents drawn up or received by the European Parliament before the entry into force of Regulation (EC) No 1049/2001 and therefore not listed in the ERR shall be accessible on written or electronic request, subject to the restrictions laid down in Articles 4 and 9 of the Regulation referred to above.
   4.   The European Parliament shall provide on-line assistance to citizens concerning arrangements for the submission of applications for access to documents.
   TITLE II

      INITIAL APPLICATIONS

   Article 7
   Applications covered by these rules
   These rules shall apply to all applications for access to European Parliament documents that are submitted using the form available on the ERR site or refer explicitly to the right of access to documents as established by Regulation (EC) No 1409/2001. They shall not cover applications based on a special right of access such as that established by, inter alia, Parliament’s Rules of Procedure, the Financial Regulation, Regulation (EC) No 45/2001 on the protection of personal data and the Staff Regulations.
   Article 8
   Submission of the application for access
   1.   Applications for access to a European Parliament document may be made in writing, by fax or in electronic form in one of the languages listed in Article 342 of the TFEU.
   2.   Electronic applications shall, wherever possible, be submitted using the electronic form available on the ERR site and the on-line help system intended to facilitate the submission of applications of this kind.
   3.   Applications must be made in a sufficiently precise manner and include the name and address of the applicant and information enabling the document or documents requested to be identified.
   4.   If an application is not sufficiently precise, the European Parliament shall, pursuant to Article 6(2) of Regulation (EC) No 1049/2001, ask the applicant to clarify it and shall assist him or her to do so.
   Article 9
   Processing of the initial application
   1.   Applications for access to a document held by the European Parliament shall be sent, on the same day as it is registered, by the unit responsible, which must acknowledge receipt of the application, draft a reply and deliver the document within the prescribed time limit.
   2.   Where the application relates to a document drawn up by the European Parliament to which one of the exceptions laid down in Article 4 of Regulation (EC) No 1049/2001 is applicable, or where the document in question needs to be identified and found, the unit responsible shall contact the service or body that is the originator of the document, which shall suggest the course of action to be taken within five working days.
   Article 10
   Third party consultation
   1.   Where an application concerns documents from third parties, the unit responsible, where appropriate in coordination with the service holding the documents requested, shall check whether one of the exceptions laid down in Articles 4 or 9 of Regulation (EC) No 1049/2001 is applicable.
   2.   If, once that check has been made, it is established that access to the documents requested must be denied on the basis of one of the exceptions laid down in Article 4 of Regulation (EC) No 1049/2001, a negative response shall be sent to the applicant without consulting the originating third party.
   3.   The unit responsible shall grant the application without consulting the originating third party where:

               —

               the document requested has already been released by its originator pursuant to Regulation (EC) No 1409/2001 or similar provisions,

               —

               it is clear that the disclosure of all or part of its content will not harm any of the interests referred to in Articles 4 to 9 of Regulation (EC) No 1049/2001.

         4.   In all other cases, the third party shall be consulted and shall be given five working days in which to make its position known, with a view to assessing whether one of the exceptions laid down in Articles 4 or 9 of Regulation (EC) No 1049/2001 is applicable.
   5.   If no reply is received within that deadline, or if the third party cannot be identified or contacted, the European Parliament shall take a decision on the matter in accordance with the exceptions provisions laid down in Article 4 of Regulation (EC) No 1049/2001, taking due account of the legitimate interests of the third party on the basis of the information in its possession.
   Article 11
   Deadline for reply
   1.   Where access is granted, the unit responsible shall supply the requested documents within a period of 15 working days from the registration of the application.
   2.   Where the European Parliament is unable to grant access to the requested documents, it shall notify the applicant in writing of the grounds for its total or partial refusal and inform the applicant of his or her right to submit a confirmatory application.
   3.   In that event, the applicant shall have 15 working days from receipt of the reply in which to submit a confirmatory application.
   4.   In exceptional cases, where an application relates to a very long document or a large number of documents, the period laid down in paragraph 1 of this Article may be extended by 15 working days, provided that the applicant is notified in advance and that detailed reasons are given.
   5.   Failure by the European Parliament to reply within the prescribed time limit shall entitle the applicant to submit a confirmatory application.
   Article 12
   Competent authority
   1.   Initial applications submitted to the European Parliament shall be handled by the Secretary-General under the authority of the Vice-President responsible for supervision of the handling of applications for access to documents, as provided for by Rule 104(4) and (6) of the European Parliament's Rules of Procedure.
   2.   Favourable replies to initial applications shall be forwarded to the applicant by the Secretary-General or by the unit responsible, acting under the authority of the Secretary-General.
   3.   Refusal of an initial application, with a statement of the reasons, shall be determined by the Secretary-General on a proposal from the unit responsible and after consultation of the document originator. Any decision to deny access shall be forwarded to the Vice-President responsible, for information.
   4.   The Secretary-General or the unit responsible may, at any time, refer an application to the Legal Service and/or the officer responsible for data protection for an opinion on the action to be taken thereon.
   TITLE III

      CONFIRMATORY APPLICATIONS

   Article 13
   Submission
   1.   Confirmatory applications shall be submitted either within 15 working days of receipt of a total or partial refusal of access to the document requested or, in the absence of any reply to the initial application, after the expiry of the deadline for reply.
   2.   Confirmatory applications must comply with the formal requirements laid down for the initial application in Article 8 of this Decision.
   Article 14
   Processing and consultations
   1.   Confirmatory applications shall be registered and any consultations conducted in accordance with the arrangements laid down in Articles 9 and 10 of this Decision.
   2.   Within 15 working days of registration of the application, the European Parliament shall either grant access to the document or notify the applicant in writing or electronically of the reasons for its total or partial refusal.
   3.   In exceptional cases, where an application relates to a very long document or a large number of documents, the period laid down in the previous paragraph may be extended by 15 working days, provided that the applicant is notified in advance and that detailed reasons are given.
   Article 15
   Competent authority
   1.   The reply to confirmatory applications shall be a matter for the Bureau of the European Parliament. The Vice-President responsible for the processing of applications for access to documents shall take a decision on confirmatory applications on behalf of the Bureau and under its authority.
   2.   The Vice-President concerned shall inform the Bureau of his or her decision at the first meeting of the Bureau which follows the taking of the decision and notification thereof to the applicant. Should he or she deem it necessary, and within the time-limits laid down, the Vice-President may refer his or her draft decision to the Bureau, in particular if the reply might involve matters of principle relating to the European Parliament's policy of transparency. In his or her reply to the applicant, the Vice-President shall be bound by the decision of the Bureau.
   3.   The Vice-President and the Bureau shall take a decision on the basis of the proposal drawn up by the unit responsible by way of delegation from the Secretary-General. That unit shall be entitled to seek the opinion of the officer responsible for data protection, who shall deliver his or her opinion within three working days.
   4.   The draft reply may be referred, for prior consideration, to the Legal Service, which shall deliver its opinion within three working days.
   Article 16
   Remedies
   1.   Where the European Parliament totally or partially refuses to grant access to a document, it shall inform the applicant of the remedies open to him or her, namely: instituting court proceedings against the Institution or submitting a complaint to the Ombudsman, under the conditions laid down in Articles 263 and 228 of the TFEU.
   2.   Failure to reply within the prescribed time limit shall be regarded as a negative response and entitle the applicant to bring an action or submit a complaint under the conditions set out in the previous paragraph.
   TITLE IV

      ENTRY OF, AND ACCESS TO, SENSITIVE DOCUMENTS IN THE ERR

   Article 17
   Entry of sensitive documents in the ERR
   1.   Sensitive documents within the meaning of Article 9 of Regulation (EC) No 1049/2001 shall be entered in the ERR if the originating authority agrees that they may be. Where such documents are received from third parties, the individuals or bodies within the European Parliament which received them shall determine which references may appear in the register. Those individuals or bodies shall consult the Vice-President responsible for the processing of applications for access to documents, the Secretary-General or, where appropriate, the chairman of the parliamentary committee concerned.
   2.   Any document drawn up by the European Parliament referring to a sensitive document shall be entered in the ERR only with the authorisation of the Vice-President responsible for the processing of applications for access to documents. The references assigned to such a document shall be determined under the conditions set out in the previous paragraph.
   Article 18
   Processing of applications for access
   The Secretary-General shall forward applications for access to sensitive documents to the Vice-President responsible for the processing of applications for access to documents, who shall be responsible for the reply to the initial application. The reply to a confirmatory application shall be a matter for the Bureau, which may delegate this task to the President. The Vice-President responsible and the Bureau or the President shall consult the Secretary-General or, where appropriate, the chairman of the parliamentary committee concerned. The registration arrangements and time limits shall be the same as those for other access applications
   Article 19
   Authorised persons
   While applications for access to sensitive documents are being processed, the persons authorised to read the documents shall be: the President of the European Parliament, the Vice-President responsible for supervision of the processing of applications for access to documents, the chairman of the parliamentary committee directly concerned, the Secretary-General and, subject to due authorisation, the staff of the unit responsible, unless agreements with the other institutions provide for special authorisation.
   Article 20
   Protection of sensitive documents
   Sensitive documents shall be subject to strict security rules so as to ensure their confidential handling in the European Parliament. Those rules shall take due account of interinstitutional agreements.
   TITLE V

      ISSUE OF DOCUMENTS

   Article 21
   Cost of the reply
   1.   Further to Article 10(1) of Regulation (EC) No 1049/2001, if the documents requested run to more than 20 pages, the applicant may be charged a fee of EUR 0,10 per page, plus delivery costs. The charges for other media shall be determined on a case-by-case basis, but shall not exceed a reasonable amount.
   2.   Published documents are not covered by this Decision and shall continue to be subject to their own pricing system.
   TITLE VI

      APPLICATION

   Article 22
   Application
   This Decision shall apply with due regard for and without prejudice to the provisions of Regulation (EC) No 1049/2001 and of the European Parliament’s Rules of Procedure.
   Article 23
   Review
   As a minimum requirement, this Decision shall be reviewed whenever Regulation (EC) No 1049/2001 is revised.
   Article 24
   Entry into force
   This Decision shall enter into force on the date of its publication in the Official Journal of the European Union
       (6).

      (1)  OJ C 374, 29.12.2001, p. 1.

      (2)  Consolidated by the Bureau on 3 May 2004.

      (3)  As amended by the Bureau on 26 September 2005 and published in OJ C 289, 22.11.2005, p. 6.

      (4)  As amended by the Bureau on 22 June 2011 and published in OJ C 216, 22.7.2011, p. 19.

      (5)  I.e. 3 December 2001.

      (6)  I.e. 29 December 2001, 22 November 2005 and 22 July 2011.


title: Council Decision 2004/791/CFSP of 22 November 2004 extending and amending Decision 2002/842/CFSP implementing Joint Action 2002/589/CFSP with a view to a European Union's contribution to combating the destabilising accumulation and spread of small arms and light weapons in South East Europe

text:
               24.11.2004

               EN

               Official Journal of the European Union

               L 348/46

      COUNCIL DECISION 2004/791/CFSP
   of 22 November 2004
   extending and amending Decision 2002/842/CFSP implementing Joint Action 2002/589/CFSP with a view to a European Union's contribution to combating the destabilising accumulation and spread of small arms and light weapons in South East Europe
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Joint Action 2002/589/CFSP (1) and in particular Article 6 thereof, in conjunction with the second indent of Article 23(2) of the Treaty on European Union,
   Whereas:

               (1)

               On 21 October 2002 the Council adopted Decision 2002/842/CFSP (2) concerning a European Union contribution to combating the destabilising accumulation and spread of small arms and light weapons in South East Europe, which was aimed at implementing Joint Action 2002/589/CFSP and which made available EUR 200 000 for this purpose.

               (2)

               Some objectives could not be fulfilled by 31 December 2004, the date on which Decision 2002/842/CFSP expires, and others should be consolidated and expanded after that date. The project in question is a multi-annual project.

               (3)

               Decision 2002/842/CFSP should therefore be extended and amended,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Decision 2002/842/CFSP is hereby amended as follows:

               1.

               In Article 2(1), the financial reference amount ‘EUR 300 000’ shall be replaced by ‘EUR 330 000’;

               2.

               In Article 4(1), the second sentence shall be replaced by the sentence ‘It shall expire on 31 December 2005’.

         Article 2
   This Decision shall take effect on the day of its adoption.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 22 November 2004.

            For the Council

            The President

         B. R. BOT

      (1)  OJ L 191, 19.7.2002, p. 1.

      (2)  OJ L 289, 26.10.2002, p. 1. Decision amended by Decision 2003/807/CFSP (OJ L 302, 20.11.2003, p. 39).


title: 2011/650/: Council Decision of 20 September 2011 appointing a Luxembourg member and a Luxembourg alternate member of the Committee of the Regions

text:
               6.10.2011

               EN

               Official Journal of the European Union

               L 261/26

         COUNCIL DECISION
   of 20 September 2011
   appointing a Luxembourg member and a Luxembourg alternate member of the Committee of the Regions
   (2011/650/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Luxembourg Government,
   Whereas:

               (1)

               On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

               (2)

               A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Paul-Henri MEYERS. An alternate member’s seat has become vacant following the appointment of Mr Gilles ROTH as a member of the Committee of the Regions,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

               (a)

               as member:

                           —

                           Mr Gilles ROTH, Bourgmestre de la Commune de Mamer;

                     and

               (b)

               as alternate member:

                           —

                           Mr Pierre WIES, Bourgmestre de la Commune de Larochette.

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

      Done at Brussels, 20 September 2011.

            For the Council

            The President

         M. SAWICKI

      (1)  OJ L 348, 29.12.2009, p. 22.

      (2)  OJ L 12, 19.1.2010, p. 11.


Avis juridique important

|

31985D0239

85/239/EEC: Commission Decision of 18 April 1985 terminating the anti-subsidy proceeding concerning imports of soya meal originating in Argentina

Official Journal L 108 , 20/04/1985 P. 0028 - 0030

*****COMMISSION  DECISION  of 18 April 1985  terminating the anti-subsidy proceeding concerning imports of soya meal originating in Argentina  (85/239/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2176/84 of 23 July 1984 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 9 thereof,  After consulting with the Advisory Committee set up under that Regulation,  Whereas:  A. Procedure  1. In August 1983, the Commission received a complaint from the EEC Seed Crushers' and Oil Processors' Federation (FEDIOL) on behalf of producers acounting for almost the entire Community production of oil cake. With regard to soya meal, the complaint contained evidence of subsidization and material injury resulting therefrom that was sufficient to justify opening an investigation.  The Commission accordingly announced, by a notice published in the Official Journal of the European Communities (2), the initiation of an anti-subsidy proceeding concerning imports into the Community of soya meal falling within subheading ex 23.04 B of the Common Customs Tariff (NIMEXE code 23.04-40), originating in Argentina, and commenced an investigation.  2. The Commission gave official notice of his investigation to exporters and importers known to be concerned, the representatives of the exporting country and the complainants; directly interested parties were given the opportunity to make their views known in writing and to be heard orally.  The Argentinian Government, most of the exporters, all Community producers and some of the known importers put forward their views and made detailed observations.  3. The Commission gathered and verified all the information it regarded as necessary for establishing the existence of subsidies and injury, and made on-the-spot checks on the premises of Community producers. An on-the-spot investigation in Argentina was not regarded as necessary since the Argentinian authorities were able to give the Commission satisfactory information concerning the existence of the subsidies alleged by FEDIOL.  The investigation into subsidization related to the period 1 October 1982 to 30 September 1983.  B. Subsidies  4. The complaint lodged by FEDIOL alleges the existence of the following four types of subsidy:  - preferential financing for exports,  - refunding of charges and direct or indirect taxes,  - differential taxes on exports of products of the soya bean family,  - barriers to soya bean exports.  5. Preferential financing for exports  5.1. FEDIOL alleges that Argentinian soya meal exports receive preferential financing in accordance with the Argentinian Central Bank's circular No 153 of 6 December 1977, which sets out the provisions for financing exports that are being promoted.  5.2. The Commission's examination of this circular revealed that soya meal did not appear among the products eligible for financing under this programme. The circular referred to above was, moreover, replaced on 24 October 1981 by circular OPRAC - 1 (communication 'A' 49). Again, the circular does not include soya meal among the exports eligible for the promotional measures provided for therein.  The Commission's investigation has thus shown that during the period covered by the investigation, Argentinian exports of soya meal did not receive preferential financing.  6. Refunding of charges and direct or indirect taxes  6.1. The Community industry's complaint alleges that the Argentinian authorities illegally reimburse, in accordance with resolutions 770 of 17 July 1979 and 659 of 10 May 1980 of Argentina's Ministry of Economic Affairs, charges and direct or indirect taxes on exports of soya bean oil and meal.  6.2. The Commission noted that the two texts referred to above did indeed provide for the refunding of 10 % of certain charges and direct or indirect taxes on exports of both soya bean oil and meal.  These two resolutions, however, were replaced by resolution 437 of 5 May 1982, which abolished the abovementioned refunds and instituted a 0 % tax on the exportation of a number of products including soya bean oil and meal. Resolution 437 was replaced on 5 July 1982 by resolution 8, which set the level of tax on exports of the products in question at 10 %.  It thus appears, contrary to the allegations contained in the complaint, that exports of soya meal did not benefit from such reimbursements during the period covered by the investigation.  7. Differential taxes on exports of products of the soya bean family  7.1. FEDIOL argues that the Argentinian Ministry of Foreign Affairs' resolution 8 of 5 July 1982 set the level of the export tax at 10 % for meal and oil and at 25 % for soya beans. It alleges that these differential tax levels, namely a higher level of tax on exports of beans than on those of soya meal, constitute an export subsidy for the latter products. The Community industry alleges that the taxes referred to above have the effect of restricting exports of beans, so guaranteeing the Argentinian oil seed crushing industry supplies of the raw material at low cost. According to FEDIOL, the Argentinian industry thus has an advantage in terms of the cost price that it can exploit when exporting soya meal to the Community. The Community industry also alleges that the lower rate of taxation on meal by comparison with that on beans gives an additional advantage to Argentinian exporters.  7.2. The Commission noted that the abovementioned resolution 8 has indeed applied during the investigation period and that its provisions correspond to the substance of FEDIOL's allegations.  7.3. The Commission realizes that official action to impose or remove disincentives to external trade, particularly in the form of export taxes or restrictions, can affect competition or trade in the product immediately concerned, as well as upstream or downstream products.  However, not all official measures can be classed as subsidies within the meaning of the international rules governing this matter simply because they have an actual or potential effect on competition or trade; this would be to blur the distinction made in GATT between subsidies and other measures which may have an impact on competition or trade. The importance of this distinction is that Article VI of the General Agreement allows the Contracting Parties to take unilateral action against certain specific practices but allows no such action against other practices, such as quantitative restrictions and import or export charges, even though they may produce distortions of competition or trade.  As far as international trade is concerned, the crucial characteristic of a subsidy is that it involves a financial contribution by government. This results inter alia from item (L) of the Illustrative List of Export Subsidies appended to the Code on Subsidies. The list, which is also annexed to Regulation (EEC) No 2176/84, makes it clear that any subsidy must involve a charge on the public account. To extend the concept of subsidies to include practices other than those involving such a charge would be excessive, and taken to its extreme could lead to any government intervention whatsoever in the economy being regarded as a subsidy, including tax measures or even regulatory action such as the introduction of price controls or pollution standards. 7.4. It is clear from both GATT rules and the relevant Community legislation (the Annex to Regulation (EEC) No 2176/84) that the concept of a charge on the public account includes the waiving by the authorities of taxes or other dues owed. The Commission notes that the case in point, however, involves not the waiving of a tax but the non-creation of an additional tax burden. To regard such a non-creation generally as a subsidy would be to hold the very fact that a government levies tax on some people or products but not others as equivalent to a financial contribution to the latter.  One might ask whether the above line of reasoning would still hold true if the new tax obligation constituted the general rule and the non-creation of such an obligation was an exception to this general rule. The question does not arise in this case, however, since the tax arrangements applied to exports of soya meal do not constitute an exceptional situation in the exporting country concerned.  7.5. Thus differential taxation of the various soya-based products does not constitute a charge on the public account of the country involved and cannot be regarded as a subsidy.  The distortion complained of by the Community industry results not from subsidization of exports of the processed product, soya meal, but from the levying of a tax at a higher rate on exports of the raw product, soya beans. This does not, by its very nature, constitute a financial contribution by government.  8. Barriers to soya bean exports  8.1. The Community industry alleges that Argentina is imposing restrictions on the exportation of soya beans.  This restriction on exports of the raw material, according to FEDIOL, keeps bean prices on the domestic market substantially lower than world market prices, so giving Argentinian oil seed crushers an advantage in terms of the cost price, which they can exploit when exporting soya meal to the Community.  8.2. For the reasons set out in 7 above, the Commission believes that a restriction of this type does not constitute a subsidy capable of giving rise to countervailing duties.  C. Termination of the proceeding  9. Under these circumstances, the examination of the possible injury caused by imports of soya meal originating in Argentina is not necessary and the anti-subsidy proceeding concerning these imports should be terminated.  HAS DECIDED AS FOLLOWS:  Sole Article  The anti-subsidy proceeding concerning imports of soya meal originating in Argentina is hereby terminated.  Done at Brussels, 18 April 1985.  For the Commission  Willy DE CLERCQ  Member of the Commission  (1) OJ No L 201, 30. 7. 1984, p. 1.  (2) OJ No C 283, 20. 10. 1983, p. 5.


title: Commission Decision of 16 September 2010 appointing two members of the European Statistical Advisory Committee  Text with EEA relevance

text:
               17.9.2010

               EN

               Official Journal of the European Union

               C 250/13

         COMMISSION DECISION
   of 16 September 2010
   appointing two members of the European Statistical Advisory Committee
   (Text with EEA relevance)
   2010/C 250/10
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Decision No 234/2008/EC of the European Parliament and of the Council of 11 March 2008 establishing the European Statistical Advisory Committee and repealing Council Decision 91/116/EEC (1), and in particular Article 4(1)(a) thereof,
   After consultation of the Council,
   After consultation of the European Parliament,
   Whereas:

               (1)

               The European Statistical Advisory Committee (ESAC) comprises 24 members.

               (2)

               Under Article 4(1) of Decision No 234/2008/EC, 12 members of the ESAC have to be appointed by the Commission, after consulting the European Parliament and the Council.

               (3)

               By its Decision 2009/304/EC of 30 March 2009 (2), the Commission appointed 12 members of the ESAC.

               (4)

               As two of these members have resigned, the Commission, after having duly consulted the European Parliament and the Council, now has to appoint two new members of the ESAC,

         HAS ADOPTED THIS DECISION:
   Article 1
   Ms Anuska FERLIGOJ and Ms Emilia ȚIȚAN are hereby appointed as members of the ESAC for a term of five years.
   Article 2
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 16 September 2010.

            For the Commission

         Olli REHN

            Member of the Commission

      (1)  OJ L 73, 15.3.2008, p. 13.

      (2)  OJ L 84, 31.3.2009, p. 44.


title: Decision of the Representatives of the Governments of the Member States of the European Communities of 19 July 1976 appointing a Member of the Commission of the European Communities

text:
27. 7. 76                     Official Journal of the European Communities                       No L 201 /31
                                                       II
                                 (Acts whose publication is not obligatory)
             CONFERENCE OF THE REPRESENTATIVES OF THE
                    GOVERNMENTS OF THE MEMBER STATES
                                                  DECISION
          of the representatives of the Governments of the Member States of the European
                                                 Communities
                                                of 19 July 1976
              appointing a member of the Commission of the European Communities
                                        (76/61 9/ECSC, EEC, Euratom)
          THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE
          EUROPEAN COMMUNITIES,
          Having regard to the Treaty establishing a single Council and a single Commission of the
          European Communities, and in particular Article 1 1 and the second paragraph of Article
          12 thereof,
          Whereas Mr Albert Borschette was appointed member of the Commission by the decision
          of the representatives of the Governments of the Member States of 1 January 1973 ;
          whereas pursuant to Article 13 of the Treaty establishing a single Council and a single
          Commission of the European Communities, Mr Albert Borschette was compulsorily
          retired by the Court of Justice on 14 July 1976 on the grounds that he no longer fulfils
          the conditions required for the performance of his duties ;
          Whereas therefore he should be replaced,
          HAVE DECIDED AS FOLLOWS :
                                                  Sole Article
          The following is appointed member of the Commission of the European Communities
          for the period from 20 July 1976 to 5 January 1977 inclusive : Mr Raymond Vouel .
          Done at Brussels, 19 July 1976.
                                                                       The President
                                                                     M. van der STOEL


title: Council Decision 2009/933/CFSP of 30 November 2009 on the extension, on behalf of the European Union, of the territorial scope of the Agreement on extradition between the European Union and the United States of America

text:
               11.12.2009

               EN

               Official Journal of the European Union

               L 325/4

      COUNCIL DECISION 2009/933/CFSP
   of 30 November 2009
   on the extension, on behalf of the European Union, of the territorial scope of the Agreement on extradition between the European Union and the United States of America
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 24 and 38 thereof,
   Having regard to Article 3 of the Council Decision 2003/516/EC of 6 June 2003 concerning the signature of the Agreements between the European Union and the United States of America on extradition and mutual legal assistance in criminal matters,
   Whereas:

               (1)

               Following the authorisation given by the Council on 26 April 2002 to the Presidency, assisted by the Commission, to enter into negotiations with the United States of America, two Agreements on international cooperation in criminal matters, one on extradition and one on mutual legal assistance, have been negotiated with the United States of America.

               (2)

               In accordance with Council Decision 2003/516/EC of 6 June 2003 (1), the Agreement on extradition between the European Union and the United States of America (2) and the Agreement on mutual legal assistance between the European Union and the United States of America (3) have been signed on behalf of the European Union on 25 June 2003.

               (3)

               In accordance with Council Decision 2009/820/CFSP of 23 October 2009 (4), the Agreement on extradition between the European Union and the United States of America and the Agreement on mutual legal assistance between the European Union and the United States of America have been concluded. In accordance with this decision, the Presidency of the Council, on 28 October 2009, exchanged the instruments of approval with the US Attorney General, in Washington DC.

               (4)

               Both Agreements will enter into force on 1 February 2010.

               (5)

               The Netherlands has informed the Presidency that it wishes to extend the territorial scope of the Agreement on extradition, in accordance with Article 20(1)(b) thereof, to the Netherlands Antilles and Aruba. Such extension has taken place by way of exchange of diplomatic note from the General Secretariat of the Council with the Mission of the United States of America to the European Union on 9 June 2009, acknowledged in the diplomatic note of the United States Mission to the European Union of 16 June 2009.

               (6)

               In view of the imminent entry into force of the EU-US Extradition Agreement, this extension of the territorial scope should be approved by the Council,

         HAS DECIDED AS FOLLOWS:
   Article 1
   In accordance with Article 20(1)(b) of the Agreement on extradition between the European Union and the United States of America, the extension of the territorial scope of that Agreement to the Netherlands Antilles and Aruba is hereby approved on behalf of the European Union.
   Article 2
   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)  OJ L 181, 19.7.2003, p. 25.

      (2)  OJ L 181, 19.7.2003, p. 27.

      (3)  OJ L 181, 19.7.2003, p. 34.

      (4)  OJ L 291, 7.11.2009, p. 40.


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31989D0568

89/568/EEC: Commission Decision of 25 October 1989 terminating the review of anti-dumping measures applying to imports of certain synthetic fibre hand-knitting yarn originating in Turkey and confirming the expiry of the said measures

Official Journal L 309 , 26/10/1989 P. 0042 - 0043

*****COMMISSION  DECISION  of 25 October 1989  terminating the review of anti-dumping measures applying to imports of certain synthetic fibre hand-knitting yarn originating in Turkey and confirming the expiry of the said measures  (89/568/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1) and in particular Articles 9 and 15 thereof,  Following consultations within the Advisory Committee as provided for by the said Regulation,  Whereas:  A. Previous proceeding  (1) On 15 April 1983 the Commission published a notice in the Official Journal of the European Communities initiating an anti-dumping proceeding concerning imports of certain synthetic fibre hand-knitting yarn originating in Turkey (2).  By its Decision 84/131/EEC (3) the Commission accepted a price undertaking offered by AK-PA Ihracat Pazarlama AS as exporter for AK-SU Iplik ve Dokuma ve Boya Apre Fabrikalari TAS, AK-AL Tekstil Sanayìl AS and Emboey-Yuentas Birlesik Kamgarn ve Straygarn Iplik Imalciligi AS, all of Istanbul, Turkey, and terminated the proceeding without imposing anti-dumping duties.  In September 1988 the Commission published a notice announcing the imminent expiry of the undertakings in question (4) pursuant to Article 15 of Regulation (EEC) No 2423/88.  B. Request for review and reopening of the proceeding  (2) In September 1988 the Commission received a request for a review lodged by the Committee of the Wool Textile Industry of the EEC (Interlaine) on behalf of Community producers representing the major part of Community production. The request claimed that the undertakings given were insufficient, in that other exporters not covered by the anti-dumping measures had increasingly dumped synthetic fibre hand-knitting yarn on the Community market, thus undermining the effects of the price undertakings and causing further injury to the Community industry. The evidence relating to dumping and injury was considered sufficient to warrant a review (5), and the Commission accordingly opened an investigation, during which the parties concerned were able to make known their views and provide all information needed for the determination of dumping and injury. In accordance with Article 15 of Regulation (EEC) No 2423/88 the undertakings given by the Turkish exporters remained in force pending the outcome of the investigation.  C. Products  (3) The products concerned are yarns of synthetic staple fibres (other than sewing thread) put up for retail sale of synthetic staple fibres containing 85 % or more by weight of synthetic textile fibres or containing less than 85 % by weight of such fibres, falling within CN codes ex 5511 10 00 and ex 5511 20 00.  D. Investigation  (4) During the investigation the Commission was able to obtain only limited cooperation from Community producers. The Commission accordingly informed the Committee of the Wool Textile Industry of the EEC, by letter dated 5 July 1989, that it had no evidence enabling it to conclude that the expiry of the anti-dumping measures concerning imports of certain synthetic fibre hand-knitting yarn originating in Turkey was liable to result in further material injury or the threat of injury to Community producers.  E. Withdrawal of request for review  (5) By letter dated 11 July 1989 the complainant withdrew its request for review.  F. Termination  (6) The Commission accordingly considers that the review should be terminated and that the undertakings which remained in force pending the outcome thereof should expire immediately,  HAS DECIDED AS FOLLOWS:  Article 1  The review of anti-dumping measures concerning imports of synthetic fibre hand-knitting yarn originating in Turkey is hereby terminated.  Article 2  The undertakings given by the Turkish exporters, which remained in force pending the outcome of the review, shall expire on 25 October 1989.  Done at Brussels, 25 October 1989.  For the Commission  Frans ANDRIESSEN  Vice-President  (1) OJ No L 209, 2. 8. 1988, p. 1.  (2) OJ No C 102, 15. 4. 1983, p. 2.  (3) OJ No L 67, 9. 3. 1984, p. 60.  (4) OJ No C 249, 23. 9. 1988, p. 2.  (5) OJ No C 42, 21. 2. 1989, p. 2.


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32000D0214(01)

Decision of the European Parliament and of the Council of 16 December 1999 to use the flexibility instrument for the financing of the reconstruction of Kosovo

Official Journal C 041 , 14/02/2000 P. 0001 - 0003

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILof 16 December 1999to use the flexibility instrument for the financing of the reconstruction of Kosovo(2000/C 41/01)THE EUROPEAN PARLIAMENT,THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission, on budgetary discipline and improvement of the budgetary procedure(1), and in particular paragraph 24 thereof,Having regard to the proposal for mobilisation of the flexibility instrument submitted by the Commission on 10 November 1999,Whereas:(1) At the conciliation meeting held on 25 November 1999 in the presence of Commission representatives, the European Parliament and the Council were obliged to note that the Commission was not yet in a position to submit a year-by-year evaluation of the needs for Kosovo and the needs of the Balkans in general beyond the year 2000. They again called on the Commission to submit a precise multiannual evaluation of these needs for the whole of the period concerned, together with the necessary proposals for funding, including, if necessary, a proposal for revision of the financial perspective. These proposals would be made before submission of the preliminary draft budget for the financial year 2001 so as to enable the institutions to reach agreement before the Council's vote on the draft budget for 2001.(2) In the meantime, the European Parliament and the Council set the amount of resources needing to be made available for the reconstruction of Kosovo at a maximum of EUR 360 million in commitment appropriations for the financial year 2000.(3) In order to help cover this need, the Commission considered that it would be possible to carry over from the 1999 budget commitment appropriations of EUR 30 million from Obnova and EUR 30 million from humanitarian aid. The European Parliament and the Council therefore agreed to enter EUR 300 million in commitment appropriations in the general budget of the European Communities for the financial year 2000 for the reconstruction of Kosovo, of which EUR 40 million would be made available through redeployment (transfers of appropriations) under heading 4.(4) In order to finance this additional need, which arose after the submission of the preliminary draft budget for the financial year 2000, the Commission first examined all possibilities for reallocating appropriations under heading 4 of the financial perspective, in accordance with paragraph 24, fourth subparagraph, of the Interinstitutional Agreement of 6 May 1999.(5) The Commission indicated that EUR 60 million proposed for Obnova in the preliminary draft budget for 2000 and EUR 20 million requested for humanitarian aid could be used for Kosovo. The European Parliament and the Council agreed to this solution and noted that as a result EUR 220 million in commitment appropriations remained to be funded.(6) In addition, the Commission identified possible redeployment under heading 4 of the financial perspective, amounting to EUR 180 million in commitment appropriations. With the aim in particular of easing the burden on the poorer countries and enabling the European Union to finance its traditional priorities, the European Parliament and the Council have agreed to restrict these deployments under heading 4 of the financial perspective to EUR 150 million in commitment appropriations, as opposed to Parliament's first reading.(7) After examining all possibilities for reallocating appropriations under heading 4 of the financial perspective, the Commission proposed, inter alia, that the flexibility instrument should be used for a sum of EUR 60 million.(8) The European Parliament and the Council noted that the balance of the needs could not be financed by means of redeployment. Nevertheless, they noted that, in the absence of a precise evaluation of the needs for each year of the period concerned, at this stage the problem arose only for the financial year 2000 and concerned a limited amount.(9) The European Parliament and the Council, noting that the conditions laid down in paragraph 24 of the Interinstitutional Agreement had been met, therefore decided by common agreement, in accordance with the voting rules laid down in Article 272(9), fifth subparagraph, of the Treaty establishing the European Community, to use the flexibility instrument to finance the balance of the needs created by the reconstruction of Kosovo which cannot be met by carrying over appropriations from the 1999 budget or by redeployment of appropriations entered in the draft budget for the financial year 2000.HEREBY DECIDE THAT:Article 1Use will be made by common agreement of the flexibility instrument provided for in paragraph 24 of the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure for a sum of EUR 200 million.Article 2This sum is intended to cover part of the commitment appropriations entered against budget line B7-5 4 6 "Aid for the reconstruction of Kosovo" of the general budget of the European Communities for the financial year 2000.Article 3This decision shall be published in the Official Journal of the European Communities at the same time as the budget for the financial year 2000.Done at Brussels, 16 December 1999.For the European ParliamentThe PresidentFor the CouncilThe President(1) OJ C 172, 18.6.1999, p. 1.Declarations1. The Commission confirms that by April 2000 it will propose an aid programme for the western Balkans, including Kosovo for the period 2000 to 2006. The amount concerned will require it to submit a proposal for revision of the financial perspective, together with a programming plan for heading 4.2. The European Parliament and the Council agree that an aid programme for the western Balkans must be established. They take note of the fact that, if a sum requiring a financial effort significantly greater than that already programmed were to be agreed, this would entail exceeding the current ceilings for heading 4 of the financial perspective.3. The European Parliament undertakes to leave a margin of EUR 20 million under the ceilings for heading 4 and, if necessary, by means of redeployment, to enter an amount of EUR 40 million for the reconstruction of Kosovo in particular, before the Council's first reading of the draft budget for 2001, this to be done by means of transfers of appropriations. The European Parliament undertakes also to reduce payment appropriations compared to its first reading by EUR 2,0 billion.


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31996D0437

96/437/EC: Commission Decision of 18 July 1996 terminating the anti-dumping proceeding concerning imports of PET video film originating in the Republic of Korea

Official Journal L 181 , 20/07/1996 P. 0027 - 0027

COMMISSION DECISION of 18 July 1996 terminating the anti-dumping proceeding concerning imports of PET video film originating in the Republic of Korea (96/437/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1), and in particular Article 23 thereof,Having regard to Council Regulation (EC) No 3283/94 of 22 December 1994 on protection against dumped imports from countries not members of the European Community (2), as last amended by Regulation (EC) No 1251/95 (3), and in particular Articles 5 and 9 thereof,After consulting the Advisory Committee,Whereas:I. PROCEDURE (1) In February 1995, the Commission received a complaint from three companies, Hoechst-Diafoil GmbH, Rhône-Poulenc Films and Teijin-DuPont Films, concerning imports of PET video film originating in the Republic of Korea. The three complainants allegedly represented 100 % of total PET video film output in the Community. The complaint contained evidence of dumping and material injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding. The Commission accordingly announced, by a notice published in the Official Journal of the European Communities (4), the initiation of an antidumping proceeding concerning imports into the Community of PET video film originating in the Republic of Korea.(2) The Commission officially advised the exporters and importers known to be concerned; the representatives of the exporting country and the complainants and gave the parties directly concerned the opportunity to make their views known in writing and to request a hearing.II. WITHDRAWAL OF THE COMPLAINT AND TERMINATION OF THE PROCEEDING (3) The complaining Community producers formally withdrew their complaint concerning imports of PET video film originating in the Republic of Korea. The Commission considered that a termination of the proceeding would not be against the interest of the Community.(4) Consequently, the anti-dumping proceeding concerning imports of PET video film originating in the Republic of Korea should be terminated without adoption of protective measures.(5) The Advisory Committee has been consulted and has raised no objection.(6) Interested parties were informed of the essential facts and considerations on the basis of which the Commission intended to terminate the proceeding and have been given the opportunity to comment,HAS DECIDED AS FOLLOWS:Sole Article The anti-dumping proceeding concerning imports of PET video film originating in the Republic of Korea is hereby terminated.Done at Brussels, 18 July 1996.For the CommissionLeon BRITTANVice-President(1) OJ No L 56, 6. 3. 1996, p. 1.(2) OJ No L 349, 31. 12. 1994, p. 1.(3) OJ No L 122, 2. 6. 1995, p. 1.(4) OJ No C 147, 14. 6. 1995, p. 4.


title: 73/352/EEC: Council Decision of 4 June 1973 concluding an Agreement between the European Economic Community and the Republic of Upper Volta on the supply of food aid in the form of maize

text:
26. 11 . 73                      Official Journal of the European Communities                         No L 325/ 1
                                                         II
                                     (Acts whose publication is not obligatoryj
                                                COUNCIL
                                               COUNCIL DECISION
                                                  of 4 June 1973
             concluding an Agreement between the European Economic Community and the
                    Republic of Upper Volta on the supply of food aid in the form of maize
                                                   (73 /352/EEC)
THE COUNCIL OF THE EUROPEAN                                  should therefore be granted a gift of 2 500 metric
COMMUNITIES ,                                                tons of maize under the Community Food Aid
                                                             Programme for the year 1971 /72,
Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 113 ,
114 and 228 thereof;                                         HAS DECIDED AS FOLLOWS :
                                                                                Article 1
Having regard to the Recommendation from the
Commission ;
                                                             On behalf of the European Economic Community an
                                                             Agreement is hereby concluded between the
Whereas the European Economic Community has                  European Economic Community and the Republic
deposited a declaration of provisional application of         of Upper Volta on the supply of food aid in the
the Food Aid Convention of 1971 ; and whereas that           form of maize, the text of which agreement is
Convention has been applicable since 1 July 1971 ;           annexed hereto.
Whereas by letter of 7 December 1972, the Republic
of Upper Volta submitted a request for emergency                                    Article 2
food aid ;
                                                             The President of the Council is hereby authorized to
Whereas the adverse climatic conditions experienced          designate the persons empowered to sign the
by the Republic of Upper Volta have appreciably              Agreement, and to confer on them the powers
reduced its grain supplies ; and whereas that country        necessary to bind the Community.
             Done at Luxembourg, 4 June 1973 .
                                                                                For the Council
                                                                                The President
                                                                                R. VAN ELSLANDE


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32000D0141

2000/141/EC: Administrative Commission of the European Communities on social security for migrant workers - Decision No 174 of 20 April 1999 concerning the interpretation of Article 22a of Regulation (EEC) No 1408/71

Official Journal L 047 , 19/02/2000 P. 0030 - 0031

DECISION No 174of 20 April 1999concerning the interpretation of Article 22a of Regulation (EEC) No 1408/71(2000/141/EC)THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,Having regard to Article 81(a) of Council Regulation No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community(1), under which it is responsible for dealing with all administrative questions and questions of interpretation arising from the provisions of Regulation (EEC) No 1408/71 and subsequent Regulations,Having regard to Council Regulation (EC) No 3095/95(2) of 22 December 1995, introducing Article 22a and extending the coverage of Article 22(1)(a) and (c) to all nationals of Member States who are insured under the legislation of a Member State and to the members of their families residing with them, even if they are neither employed nor self-employed,Whereas, in order to facilitate temporary residence and access to treatment with the authorisation of the competent institution in European Union territory the benefit of Article 22(1)(a) and (c) has been extended to all insured persons, it is necessary to reach a common understanding as to the meaning of the term "insured" and to the group of persons that is covered by Article 22a;Whereas the conditions for entitlement to benefits vary from one Member State to another and in certain cases benefits are provided under special legislation it is necessary to establish the limits of the coverage provided for by Article 22a;Acting in accordance with the conditions laid down in Article 80(3) of Regulation (EEC) No 1408/71,HAS DECIDED AS FOLLOWS:1. As Article 22a applies to persons who are nationals of a Member State and insured under the legislation of a Member State and to the members of their families residing with them, the words "insured under the legislation of a Member State" shall be understood as including any person who is a national of a Member State and entitled to sickness benefits in kind under the legislation of a Member State either by virtue of insurance on a voluntary, compulsory or an optional continued basis on other grounds than as an employed or self-employed person for one or more of the contingencies covered by the branches of social security dealt with in (EEC) No Regulation 1408/71.2. Furthermore, it shall mean any person, who is a national of a Member State, covered by the legislation of a Member State that provides for sickness benefits in kind on other grounds than insurance of the abovementioned kind and excluding beneficiaries whose rights to sickness benefits in kind derive solely from social and medical assistance schemes or schemes for victims of war or its consequences.3. This Decision shall be published in the Official Journal of the European Communities and apply from the twentieth day following its publication.The Chairmanof the Administrative CommissionArno BOKELOH(1) OJ L 149, 5.7.1971, p. 2. Amended and updated by Council Regulation (EC) No 118/97 (OJ L 28, 30.1.1997, p. 1).(2) OJ L 335, 30.12.1995, p. 1.


title: Council Decision 2014/827/CFSP of 21 November 2014 amending Joint Action 2008/851/CFSP on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast

text:
               22.11.2014

               EN

               Official Journal of the European Union

               L 335/19

         COUNCIL DECISION 2014/827/CFSP
   of 21 November 2014
   amending Joint Action 2008/851/CFSP on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular 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 10 November 2008, the Council adopted Joint Action 2008/851/CFSP (1), which was last amended by Council Decision 2012/174/CFSP (2).

               (2)

               On 22 July 2013, the Council agreed that the EU remains fully committed to fighting piracy and armed robbery off the coast of Somalia. It welcomed the good results that its naval operation Atalanta has achieved so far. The Council underlined that, despite the great progress witnessed against piracy at sea, the threat remains and progress could be reversed.

               (3)

               On 18 November 2013, the United Nations Security Council (UNSC) adopted Resolution 2125 (2013) renewing the framework for international actions in the fight against piracy and its root causes.

               (4)

               The EU military operation referred to in Joint Action 2008/851/CFSP (Atalanta) should be extended until 12 December 2016.

               (5)

               On 22 July 2013, the Council further agreed that the EU will take forward its integrated approach to improving security and the rule of law in Somalia, on the basis of Somali ownership and responsibility, close coordination with other actors and coherence and synergies between EU instruments, in particular between its Common Security and Defence Policy missions and operations.

               (6)

               That integrated approach, based on the New Deal Compact for Somalia, should contribute to enhancing maritime capacities in Somalia and the region, tackling the root causes of piracy and reducing the impunity of pirates' networks in other criminal activities at sea, thereby addressing the conditions conducive to the fulfilment of Atalanta's objectives.

               (7)

               In this context, a contribution by Atalanta with secondary tasks, within existing means and capabilities and upon request, to the EU's integrated approach to Somalia and the relevant activities of the international community would help to address the root causes of piracy and its networks. Those secondary tasks would be conducted to support Atalanta's exit strategy.

               (8)

               Atalanta's cooperation with law enforcement authorities should be facilitated in order to contribute to anti-piracy law enforcement while improving the efficiency of its intelligence-led counter-piracy operations.

               (9)

               Nothing in this Decision or in Joint Action 2008/851/CFSP prevents the personnel of states participating in Atalanta from complying with their obligations under applicable national laws.

               (10)

               It is necessary to lay down the financial reference amount intended to cover the common costs of Atalanta for the period from 13 December 2014 to 12 December 2016.

               (11)

               Joint Action 2008/851/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Joint Action 2008/851/CFSP is hereby amended as follows:

               (1)

               Article 1(3) is replaced by the following:
               ‘3.   In addition, Atalanta may contribute, as a non–executive secondary task, within existing means and capabilities and upon request, to the EU's integrated approach to Somalia and the relevant activities of the international community, thereby helping to address the root causes of piracy and its networks.’.

               (2)

               In Article 2, points (g) to (i) are replaced by the following:

                           ‘(g)

                           collect, in accordance with applicable law, personal data concerning persons referred to in point (e) related to characteristics likely to assist in their identification, including fingerprints, as well as the following particulars, with the exclusion of other personal data: surname, maiden name, given names and any alias or assumed name; date and place of birth, nationality, sex; place of residence, profession and whereabouts; driving licenses, identification documents and passport data;

                           (h)

                           for the purpose of circulating data via the International Criminal Police Organisation's (INTERPOL) channels and checking it against INTERPOL's databases, and pending the conclusion of an agreement between the Union and INTERPOL, transmit to the National Central Bureau (“NCB”) of INTERPOL of the Member States, in accordance with arrangements to be concluded between the EU Operation Commander and the Head of the appropriate NCBs, the following data:

                                       —

                                       personal data referred to in point (g),

                                       —

                                       data related to the equipment used by persons referred to in point (e).

                                 The personal data shall not be stored after its transmission to INTERPOL;

                           (i)

                           transmit the data referred to in point (h) to EUROPOL according to the provisions of an arrangement to be concluded between the High Representative of the Union for Foreign Affairs and Security Policy and EUROPOL. The personal data shall not be stored after its transmission to EUROPOL;

                           (j)

                           contribute, within existing means and capabilities, to the monitoring of fishing activities off the coast of Somalia and support the licensing and registration scheme for artisanal and industrial fishing in waters under Somali jurisdiction developed by the Food and Agriculture Organization (FAO), when in place, at the exclusion of any enforcement activity;

                           (k)

                           liaise, in close coordination with the European External Action Service, with Somali entities and private companies operating on their behalf, active off the coast of Somalia in the broader field of maritime security, with a view to better understanding their activities and capacities and de-conflict operations at sea;

                           (l)

                           assist through logistical support, provision of expertise or training at sea, upon their request and within existing means and capabilities, EUCAP NESTOR, EUTM Somalia, the EU Special Representative for the Horn of Africa, the EU Mission in Somalia with respect to their mandates and the area of operation of Atalanta and contribute to the implementation of relevant EU programmes, in particular the regional Maritime security programme (MASE) under the 10th EDF;

                           (m)

                           make data relating to fishing activities gathered by EUNAVFOR units off the coast of Somalia available, via the relevant Commission service, to the Indian Ocean Tuna Commission, its Member States and the FAO, and once sufficient progress has been made ashore in the area of maritime capacity-building, including security measures for the exchange of information, assist Somali authorities by making available data relating to fishing activities compiled in the course of the operation;

                           (n)

                           support, in a manner consistent with United Nations Convention on the Law of the Sea and within existing means and capabilities, the activities of the Somalia and Eritrea Monitoring Group (SEMG) pursuant to resolutions 2060 (2012), 2093 (2013) and 2111 (2013) of the UNSC by monitoring and reporting to the SEMG vessels of interest suspected of supporting the piracy networks.’

                     .

               (3)

               In Article 14, the following paragraph is added:
               ‘4.   The financial reference amount for the common costs of the EU military operation for the period from 13 December 2014 until 12 December 2016 shall be EUR 14 775 000. The percentage of the reference amount referred to in Article 25(1) of Decision 2011/871/CFSP shall be 0 %.’.

               (4)

               Article 16 (3) is replaced by the following:
               ‘3.   The EU military operation shall terminate on 12 December 2016.’.
         Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 21 November 2014.

            For the Council

            The President

         C. CALENDA

      (1)  Council Joint Action 2008/851/CFSP of 10 November 2008 on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (OJ L 301, 12.11.2008, p. 33).

      (2)  Council Decision 2012/174/CFSP of 23 March 2012 amending Joint Action 2008/851/CFSP on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (OJ L 89, 27.3.2012, p. 69).


title: 2010/726/EU: Council Decision of 22 November 2010 on the conclusion of a Second Additional Protocol to the Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

text:
               30.11.2010

               EN

               Official Journal of the European Union

               L 313/1

         COUNCIL DECISION
   of 22 November 2010
   on the conclusion of a Second Additional Protocol to the Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
   (2010/726/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217, in conjunction with Article 218(6)(a) and Article 218(8), thereof,
   Having regard to the Treaty of Accession of the Republic of Bulgaria and Romania, and in particular Article 4(3) thereof,
   Having regard to the Act of Accession of the Republic of Bulgaria and Romania, and in particular Article 6(2) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the assent of the European Parliament (1),
   Whereas:

               (1)

               The Second Additional Protocol to the Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, was signed on behalf of the European Community and its Member States on 24 July 2007.

               (2)

               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.

               (3)

               The Second Additional Protocol should be concluded,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Second Additional Protocol to the Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union (2), is hereby approved on behalf of the Union and its Member States.
   Article 2
   The President of the Council shall, on behalf of the Union and its Member States, give the notification provided for in Article 10 of the Second Additional Protocol.
   Article 3
   The President of the Council shall, on behalf of the Union, make the following notification:

      ‘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 Protocol are, where appropriate, to be read as “the European Union”.’

   Article 4
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 22 November 2010.

            For the Council

            The President

         C. ASHTON

      (1)  OJ C 263 E, 16.10.2008, p. 149.

      (2)  The Second Additional Protocol has been published in OJ L 251, 26.9.2007, p. 2, together with the decision on signing. A procès-verbal of rectification to the Second Additional Protocol in the Spanish language version has been published in OJ L 255, 23.9.2008, p. 34.