title: 2004/633/EC: Council Decision of 30 March 2004 concerning the conclusion of the Agreement between the European Community and the Republic of India on customs cooperation and mutual administrative assistance in customs matters

text:
               30.9.2004

               EN

               Official Journal of the European Union

               L 304/24

      COUNCIL DECISION

   of 30 March 2004
   concerning the conclusion of the Agreement between the European Community and the Republic of India on customs cooperation and mutual administrative assistance in customs matters
   (2004/633/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On 27 and 28 January 2003 the Council authorised the Commission to negotiate, on behalf of the Community, the Agreement referred to in this Decision.

               (2)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and India on customs cooperation and mutual administrative assistance in customs matters is hereby approved on behalf of the Community.
   The text of the Agreement is attached to this Decision.
   Article 2
   The Commission, assisted by representatives of the Member States, shall represent the Community on the Joint Customs Cooperation Committee set up under Article 21 of the Agreement.
   Article 3
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Community.
   Article 4
   The President of the Council shall effect the notification provided for in Article 22 of the Agreement on behalf of the Community (1).

      Done at Brussels, 30 March 2004

            For the Council

            The President

         M. McDOWELL

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

         AGREEMENT

      between the European Community and the Republic of India on customs cooperation and mutual administrative assistance in customs matters
      THE EUROPEAN COMMUNITY AND GOVERNMENT OF THE REPUBLIC OF INDIA (HEREINAFTER REFERRED TO AS THE CONTRACTING PARTIES)
      CONSIDERING the importance of the commercial links between the European Community and India, and desirous of contributing, to the benefit of both Contracting Parties, to the harmonious development of those links;
      BELIEVING THAT, in order to attain this objective, there should be an undertaking to develop customs cooperation;
      TAKING into account the development of customs cooperation between the Contracting Parties, concerning customs procedures;
      CONSIDERING that operations in breach of customs legislation, are prejudicial to the economic, fiscal and commercial interests of both Contracting Parties, and recognising the importance of ensuring the accurate assessment of Customs duties and other taxes;
      CONVINCED that action against such operations can be made more effective by cooperation between competent administrative authorities;
      HAVING regard to obligations imposed under international conventions already accepted by, or applied to the Contracting Parties; and having regard also to the recommendations of the Customs Cooperation Council (World Customs Organisation) on mutual administrative assistance of5 December 1953, as well as Customs related activities undertaken by the World Trade Organisation;
      WHEREAS a Cooperation Agreement between the European Economic Community and the Republic of India on Partnership and Development was signed on20 December 1993;
      HAVE AGREED AS FOLLOWS:
      TITLE I
      GENERAL PROVISIONS
      Article 1
      Definitions
      For the purpose of this Agreement:

                  (a)

                  ‘Customs legislation’ shall mean any laws, provisions or other legally binding instruments of the European Community or India, governing the imports, export and transit of goods and their placing under any other customs procedures, including measures of prohibitions, restrictions and control falling under the competence of the customs authorities and other administrative authorities;

                  (b)

                  ‘customs authority’ shall mean, in the European Community, the competent services of the Commission of the European Communities and the customs authorities of the Member States of the European Community and, in India, the Central Board of Excise and Customs in the Department of Revenue, Ministry of Finance;

                  (c)

                  ‘applicant authority’ shall mean a competent administrative authority which has been designated by a Contracting Party for this purpose and which makes a request for assistance, on the basis of this Agreement;

                  (d)

                  ‘requested authority’ shall mean a competent administrative authority which has been designated by a Contracting Party for this purpose and which receives a request for assistance, on the basis of this Agreement;

                  (e)

                  ‘personal data’ shall mean all information relating to an identified or identifiable individual;

                  (f)

                  ‘operation in breach of customs legislation’ shall mean any violation or attempted violation of the customs legislation;

                  (g)

                  ‘person’ shall mean any natural or legal person;

                  (h)

                  ‘information’ shall mean data, whether or not processed or analysed, and documents, reports, and other communications in any format, including electronic, or certified or authenticated copies thereof.

            Article 2
      Territorial application
      This Agreement shall apply, on the one hand, to the territories where the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to India.
      Article 3
      Future developments
      The Contracting Parties may by mutual consent expand this agreement with a view to increasing and supplementing customs cooperation in accordance with their respective customs legislation, by means of agreements on specific sectors or matters.
      Article 4
      Scope of the cooperation
      1.   The contracting parties undertake to develop customs cooperation. In particular, the Contracting Parties shall seek to cooperate in:

                  (a)

                  establishing and maintaining channels of communications between their customs authorities to facilitate the secure and rapid exchange of information;

                  (b)

                  facilitating effective coordination between their customs authorities;

                  (c)

                  any other administrative matters related to this Agreement that may from time to time require their joint action;

            2.   The contracting parties undertake also to develop trade facilitation actions in the field of customs in accordance with international standards.
      3   Under this Agreement, customs cooperation shall cover all matters relating to the application of customs legislation.
      Article 5
      Scope of assistance
      1.   The Contracting Parties shall assist each other, in the areas within their competence and within the limits of available resources, and in the manner and under the conditions laid down in this Agreement, to ensure the correct application of customs legislation, in particular by preventing, investigating and combating operations in breach of that legislation.
      2.   Assistance in customs matters under this Agreement shall be provided between the customs and other administrative authorities of the Contracting Parties, which are competent for the application of this Agreement. It shall not prejudice the rules governing mutual assistance in criminal matters. Nor shall it cover information obtained under powers exercised at the request of a judicial authority.
      3.   Assistance to recover duties, taxes or fines is not covered by this Agreement.
      Article 6
      Obligations imposed under other agreements
      1.   Taking into account the respective competencies of the European Community and the Member States, the provisions of this Agreement shall:

                  (a)

                  not affect the obligations of the Contracting Parties under any other international agreement or convention;

                  (b)

                  be deemed complementary with agreements on customs cooperation and mutual administrative assistance which have been or may be concluded between individual Member States and India;

                  (c)

                  not affect the Community provisions governing the communication between the competent services of the Commission and the customs authorities of the Member States of any information obtained under this Agreement which could be of interest to the Community.

            2.   Notwithstanding the provisions of paragraph 1, the provisions of this Agreement shall take precedence over the provisions of any bilateral agreement on customs cooperation and mutual administrative assistance which has been or may be concluded between individual Member States and India, insofar as the provisions of the latter are incompatible with those of this Agreement.
      3.   In respect of questions relating to the applicability of this Agreement, the Contracting Parties shall consult each other to resolve the matter in the framework of the Joint Customs Cooperation Committee set up under Article 21 of this Agreement.
      TITLE II
      CUSTOMS COOPERATION
      Article 7
      Cooperation in customs procedures
      The Contracting parties affirm their commitment to the facilitation of the legitimate movement of goods and shall exchange information and expertise on measures to improve customs techniques and procedures and on computerised system with a view towards implementing that commitment in accordance with the provisions of this Agreement.
      Article 8
      Technical assistance
      The customs authorities may provide technical assistance to each other and exchange personnel and expertise on measures to improve customs techniques and procedures and on computerised systems with a view towards achieving these objectives in accordance with the provisions of this Agreement.
      Article 9
      Discussions in international organisations
      The customs authorities shall seek to develop and strengthen their cooperation on topics of common interest with a view to facilitating discussions on customs matters in the framework of international organisations.
      TITLE III
      MUTUAL ADMINISTRATIVE ASSISTANCE
      Article 10
      Assistance on request
      1.   At the request of the applicant authority, the requested authority shall provide it with all relevant information which may enable it to ensure that customs legislation is correctly applied, including information regarding activities detected or planned which are or could be operations in breach of customs legislation.
      In particular, upon request, the Customs authority shall furnish to each other information regarding activities that may result in offences within the territory of the other Party, for example, incorrect customs declarations and certificates of origin, invoices, or other documents known to be, or suspected of being, incorrect or falsified.
      2.   At the request of the applicant authority, the requested authority shall inform it:

                  (a)

                  whether goods exported from one of the Contracting Parties have been properly imported into the other, specifying where appropriate, the customs procedure applied to the goods;

                  (b)

                  whether goods imported into one of the Contracting Parties have been properly exported from the other, specifying where appropriate, the customs procedure applied to the goods.

            3.   At the request of the applicant authority, the requested authority shall, within the framework of its laws, regulations or other legally binding instruments, take the necessary steps to ensure special surveillance of;

                  (a)

                  persons in respect of whom there are reasonable grounds for believing that they are or have been involved in operations in breach of customs legislation;

                  (b)

                  places where stocks of goods have been or may be stored or assembled in such a way that there are reasonable grounds for believing that these goods are intended to be used in operations in breach of customs legislation;

                  (c)

                  goods that are or may be transported in such a way that there are reasonable grounds for believing that they are intended to be used in operations in breach of customs legislation;

                  (d)

                  means of transport that are or may be used in such a way that there are reasonable grounds for believing that they are intended to be used in operations in breach of customs legislation.

            Article 11
      Spontaneous assistance
      The Contracting Parties shall assist each other, at their own initiative and in accordance with their laws, regulations or other legally binding instruments, if they consider that to be necessary for the correct application of customs legislation, in particular, in situations that could involve substantial damage to the economy, public health, public security, or similar vital interest of the other party, particularly by providing information obtained pertaining to:

                  (a)

                  activities which are or appear to be operations in breach of customs legislation and which may be of interest to the other Contracting Party;

                  (b)

                  new means or methods employed in carrying out operations in breach of customs legislation;

                  (c)

                  goods known to be subject to operations in breach of customs legislation;

                  (d)

                  persons in respect of whom there are reasonable grounds for believing they are or have been involved in operations in breach of customs legislation;

                  (e)

                  means of transport in respect of which there are reasonable grounds for believing that they have been, are, or may be used in operations in breach of customs legislation.

            Article 12
      Delivery, notification
      1.   At the request of the applicant authority, the requested authority shall, in accordance with laws, regulations or other legally binding instruments applicable to the latter, take all necessary measures in order:

                  (a)

                  to deliver any documents of an administrative nature;

                  (b)

                  to notify any decisions, emanating from the applicant authority and falling within the scope of this Agreement, to an addressee residing or established in the jurisdiction of the requested authority.

            2.   Requests for delivery of documents or notification of decisions shall be made in writing in an official language of the requested authority or in a language acceptable to that authority. This requirement shall not apply to any documents that are to be delivered under paragraph 1.
      Article 13
      Form and substance of requests for assistance
      1.   Requests pursuant to this Agreement shall be made in writing. They shall be accompanied by the documents necessary to enable compliance with the request. When required because of the urgency of the situation, an oral request may be accepted, but must be confirmed immediately in writing.
      2.   Requests pursuant to paragraph 1 shall include the following information:

                  (a)

                  the applicant authority;

                  (b)

                  the action requested;

                  (c)

                  the object of and the reason for the request;

                  (d)

                  the laws, regulations or other legally binding instruments involved;

                  (e)

                  indications as exact and comprehensive as possible on the persons who are the target of the investigations;

                  (f)

                  a summary of the relevant fact of the enquiries already carried out.

            3.   Requests shall be submitted in an official language of the requested authority or in a language acceptable to that authority. This requirement shall not apply to any documents that accompany the request under paragraph 1.
      4.   If a request does not meet the formal requirement set out above, its correction or completion may be requested; precautionary measures may be taken in the meantime.
      Article 14
      Execution of requests
      1.   In order to comply with a request for assistance, the requested authority shall proceed, within the limits of its competence and available resources, as though it were acting on its own account or at the request of other authorities of that same Contracting Party, by supplying information already possessed, by carrying out appropriate enquiries or by arranging for them to be carried out. This provision shall also apply to any other authority to which the request has been addressed in accordance with this Agreement by the requested authority when the latter can not act on its own.
      2.   Requests for assistance shall be executed in accordance with the laws, regulations or other legally binding instruments of the requested Contracting Party.
      3.   Duly authorised officials of a Contracting Party may, with the agreement of the other Contracting Party and subject to the conditions laid down by the latter, be present to obtain in the offices of the requested authority or any other concerned authority in accordance with paragraph 1, information related to activities that are or may be operations in breach of customs legislation which the applicant authority needs for the purpose of this Agreement.
      4.   Duly authorised officials of a Contracting Party may, with the agreement of the other Contracting Party and subject to the conditions laid down by the latter, be present at enquiries carried out in the latter's jurisdiction into specific cases.
      5.   In the event that the request cannot be complied with, the applicant authority shall be notified promptly of that fact, with a statement of the reasons and of any other information that the requested authority considers may be of assistance to the applicant authority.
      Article 15
      Form in which information is to be communicated
      1.   The requested authority shall communicate results of enquiries to the applicant authority in writing together with relevant documents, certified copies or other items.
      2.   This information may be in computerised form.
      3.   Original files and documents shall be transmitted only upon request in cases where certified copies would be insufficient. These originals shall be returned at the earliest opportunity. The rights of the requested authority or of third parties relating to the originals shall remain unaffected.
      Article 16
      Exceptions to the obligation to provide assistance
      1.   Assistance may be refused or may be subject to the satisfaction of certain conditions or requirements, in cases where a Party is of the opinion that assistance under this Agreement would:

                  (a)

                  be likely to prejudice the vital interests of India or those of a Member State of the European Community which has been requested to provide assistance under this Agreement;

                  (b)

                  be likely to prejudice public order, security or other essential principles, in particular those referred to under Article 17(2); or

                  (c)

                  violate an industrial, commercial or professional secret.

            2.   Assistance may be postponed by the requested authority on the ground that it will interfere with an ongoing investigation, prosecution or proceedings. In such a case, the requested authority shall consult with the applicant authority to determine if assistance can be given subject to such terms or conditions as the requested authority may require.
      3.   Where the applicant authority seeks assistance which it would itself be unable to provide if so requested, it shall draw attention to that fact in its request. It shall then be for the requested authority to decide how to respond to such a request.
      4.   For the cases referred to in paragraphs 1 and 2, the decision of the requested authority and the reasons thereof must be communicated to the applicant authority without undue delay.
      Article 17
      Information exchange and confidentiality
      1.   Any information communicated in whatsoever form pursuant to this Agreement shall be of a confidential or restricted nature, depending on the rules applicable in each of the Contracting Parties. It shall be covered by the obligation of official secrecy and shall enjoy the protection extended to similar information under the relevant laws of the Contracting Party that received it and the corresponding provisions applying to the Community authorities.
      2.   Personal data may be exchanged only where the Contracting Party which may receive it undertakes to protect such data in at least an equivalent way to the one applicable to that particular case in the Contracting Party that may supply it. The Contracting Party that may supply the information shall not stipulate any requirements that are more onerous than those applicable to it in its own jurisdiction.
      The Contracting Parties shall communicate to each other information on their applicable rules, including where appropriate, legal provisions in force in the Member States of the Community.
      3.   Nothing in this Agreement shall preclude the use of information or documents obtained in accordance with this Agreement as evidence in proceedings or charges subsequently instituted before the courts or tribunals in respect of operations in breach of customs legislation. Therefore, the Contracting Parties may, in their records of evidence, reports and testimonies and in proceedings and charges which may subsequently be brought before the courts or tribunals, use as evidence information obtained and documents consulted in accordance with the provisions of this Agreement. The competent authority which supplied that information or gave access to those documents shall be notified of such use.
      4.   Information obtained shall be used solely for the purposes of this Agreement. Where one of the Contracting Parties wishes to use such information for other purposes, it shall obtain the prior written consent of the authority which provided the information. Such use shall then be subject to any restrictions laid down by that authority.
      5.   Practical arrangements for the implementation of this Article shall be determined by the Joint Customs Cooperation Committee established under Article 21.
      Article 18
      Experts and witnesses
      An official of a requested authority may be authorised to appear, within the limitations of the authorisation granted, as an expert or witness before an authority in the other Contracting Party regarding the matters covered by this Agreement, and produce such objects, documents or confidential or certified copies thereof as may be needed for this purpose. The request for appearance must indicate specifically before which authority the official will have to appear, on what matters and by virtue of what title or qualification the official will be questioned.
      Article 19
      Assistance expenses
      1.   The Contracting Parties shall waive all claims on each other for the reimbursement of expenses incurred pursuant to this Agreement, except, as appropriate, for expenses payable to experts and witnesses, and those to interpreters and translators who are not public service employees.
      2.   If during the execution of a request it becomes apparent that completion of the execution of the request will entail expenses of an extraordinary nature, the Customs authorities shall consult to determine the terms and conditions under which the execution may continue.
      TITLE IV
      FINAL PROVISIONS
      Article 20
      Implementation
      1.   The implementation of this Agreement shall be entrusted to the competent services of the Commission of the European Communities and, where appropriate, the customs authorities of the Member States of the European Community on the one hand, and to the Central Board of Excise and Customs in Department of Revenue, Ministry of Finance, on the other. They shall decide on all practical measures and arrangements necessary for its application, taking into consideration the rules in force in particular in the field of data protection. They may recommend to the competent bodies amendments which they consider should be made to this Agreement.
      2.   The Contracting Parties shall consult each other and subsequently keep each other informed of the detailed rules of implementation which are adopted in accordance with the provisions of this Agreement.
      Article 21
      Joint Customs Cooperation Committee
      1.   A Joint Customs Cooperation Committee is hereby established, consisting of representatives of the European Community and of India. It shall meet at a place, on a date and with an agenda, fixed by mutual agreement.
      2.   The Joint Customs Cooperation Committee shall inter alia:

                  (a)

                  see to the proper functioning of the Agreement;

                  (b)

                  examine all issues arising from its application;

                  (c)

                  take measures necessary for customs cooperation in accordance with the objectives of this Agreement;

                  (d)

                  exchange views on any points of common interest regarding customs cooperation, including future measures and the resources for them;

                  (e)

                  recommend solutions aimed at attaining the objectives of this Agreement.

            3.   The Joint Customs Cooperation Committee shall adopt its internal rules of procedure.
      4.   The Joint Customs Cooperation Committee will report annually to the Joint Commission set up under Article 22 of the Cooperation agreement between the European Community and the Republic of India on Partnership and Development.
      Article 22
      Entry into force and duration
      1.   This Agreement shall enter into force on the first day of the month following the date on which the Contracting Parties have notified each other of the completion of the procedures necessary for this purpose.
      2.   Each Contracting party may terminate this Agreement by giving notice to the other in writing. The termination shall take effect three months from the day of notification to the other Contracting Party. Requests for assistance which have been received prior to the termination of the Agreement shall be completed in accordance with the provisions of this Agreement.
      Article 23
      Authentic texts
      This Agreement shall be drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Hindi languages, each text being equally authentic.
      In witness whereof, the undersigned, being duly authorised to do so, have signed this Agreement.

         Hecho en Bruselas, el veintiocho de abril de dos mil cuatro.
         Udfærdiget i Bruxelles den otteogtyvende april to tusind og fire.
         Geschehen zu Brüssel am achtundzwanzigsten April zweitausendundvier.
         Έγινε στις Βρυξέλλες, στις είκοσι οκτώ Απριλίου δύο χιλιάδες τέσσερα.
         Done at Brussels on the twenty-eighth day of April in the year two thousand and four.
         Fait à Bruxelles, le vingt-huit avril deux mille quatre.
         Fatto a Bruxelles, addì ventotto aprile duemilaquattro.
         Gedaan te Brussel, de achtentwintigste april tweeduizendvier.
         Feito em Bruxelas, em vinte e oito de Abril de dois mil e quatro.
         Tehty Brysselissä kahdentenakymmenentenäkahdeksantena päivänä huhtikuuta vuonna kaksituhattaneljä.
         Som skedde i Bryssel den tjugoåttonde april tjugohundrafyra.

            Por la Comunidad Europea
            For Det Europæiske Fællesskab
            Für die Europäische Gemeinschaft
            Για την Ευρωπαïκή Κοινότητα
            For the European Community
            Pour la Communauté européenne
            Per la Comunità europea
            Voor de Europese Gemeenschap
            Pela Comunidade Europeia
            Euroopan yhteisön puolesta
            På Europeiska gemenskapens vägnar

            Por la República de la India
            For Republikken Indien
            Für die Republik Indien
            Για τη Δημοκρατία της Ινδίας
            For the Republic of India
            Pour la République de l'Inde
            Per la Repubblica d'India
            Voor de Republiek India
            Pela República da Índia
            Intian tasavallan puolesta
            För Republiken Indien


Avis juridique important

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32002D0331

2002/331/EC: Council Decision of 22 April 2002 on the signing, on behalf of the European Community, and provisional application of the Agreement in the form of an Exchange of Letters concerning the extension of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Government of the Revolutionary People's Republic of Guinea on fishing off the Guinean coast for the period 1 January 2002 to 31 December 2002

Official Journal L 116 , 03/05/2002 P. 0027 - 0028

Council Decisionof 22 April 2002on the signing, on behalf of the European Community, and provisional application of the Agreement in the form of an Exchange of Letters concerning the extension of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Government of the Revolutionary People's Republic of Guinea on fishing off the Guinean coast for the period 1 January 2002 to 31 December 2002(2002/331/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 300(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) The European Community and the Republic of Guinea have held negotiations to determine the amendments or additions to be made to the Agreement between the European Economic Community and the Government of the Revolutionary People's Republic of Guinea on fishing off the Guinean coast(1) at the end of the period of application of the Protocol thereto.(2) During the negotiations, the two parties decided to extend the current Protocol(2), approved by Regulation (EC) No 445/2001(3), for one year by means of an Agreement in the form of an Exchange of Letters initialled on 22 October 2001, pending the conclusion of the negotiations on the amendments to be agreed for the Protocol.(3) Under this Exchange of Letters, Community fishermen have fishing opportunities in the waters under the sovereignty or jurisdiction of the Republic of Guinea for the period 1 January 2002 to 31 December 2002.(4) The extension must be applied at the earliest opportunity if fishing activities by Community vessels are not to be interrupted. The Agreement in the form of an Exchange of Letters should therefore be signed, pending a definitive decision under Article 37 of the Treaty.(5) The method of allocating the fishing opportunities for trawlers and tuna boats among the Member States under the expired Protocol should be confirmed,HAS DECIDED AS FOLLOWS:Article 1The signature of the Agreement in the form of an Exchange of Letters between the European Community and the Government of the Revolutionary People's Republic of Guinea concerning the extension of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement on fishing off the Guinean coast for the period 1 January 2002 to 31 December 2002 is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the said Agreement.The text of the Agreement is attached to this Decision.Article 2The Agreement referred to in Article 1 shall apply provisionally for the European Community with effect from 1 January 2002.Article 3The fishing opportunities for trawlers and tuna boats fixed in Article 1 of the Protocol shall be allocated among the Member States as follows:(a) fin-fish/cephalopods:>TABLE>(b) shrimps:>TABLE>(c) tuna seiners:>TABLE>(d) pole-and-line tuna vessels:>TABLE>(e) surface longliners:>TABLE>If licence applications from these Member States do not cover all the fishing opportunities fixed by the Protocol, the Commission may take into consideration licence applications from any other Member State.Article 4The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters on behalf of the Community, subject to its conclusion.Done at Luxembourg, 22 April 2002.For the CouncilThe PresidentM. Arias Cañete(1) OJ L 111, 27.4.1983, p. 2.(2) OJ L 250, 5.10.2000, p. 29.(3) OJ L 64, 6.3.2001, p. 3.


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31994D0294

94/294/EC: Council Decision of 17 May 1994 relating to the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Chile on imports of apples and pears into the Community

Official Journal L 130 , 25/05/1994 P. 0035 - 0035 Finnish special edition: Chapter 11 Volume 32 P. 0020  Swedish special edition: Chapter 11 Volume 32 P. 0020

COUNCIL DECISION of 17 May 1994 relating to the conclusion of an Agreement in the form of an exchange of letters between the European Community and the Republic of Chile on imports of apples and pears into the Community (94/294/EC)THE  COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof in conjunction with the first sentence of Article 228 (2), and Article 28 of Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common  organization of the market in fruit and vegetables (1),  Having regard to the recommendation from the Commission,  Whereas the Republic of Chile has taken action within GATT further to the application by the European Community of tariff measures in the form of countervailing charges on imports of apples, in application of Articles 24, 25 and 26 of Council Regulation  (EEC) No 1035/72;  Whereas the Community and Chile have entered into discussions with the aim of solving this and other issues in relation with the conclusion of the GATT Uruguay Round;  Whereas those discussions have resulted in an Agreement in the form of an exchange of letters; whereas it is in the interest of the Community to approve the said Agreement,  HAS DECIDED AS FOLLOWS:   Article 1  The Agreement in the form of an exchange of letters between the European Community and the Republic of Chile on imports of apples and pears into the Community is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.   Article 2  The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community.   Article 3  This Decision shall be published in the Official Journal of the European Communities.  Done at Brussels, 17 May 1994.  For the Council The President Th. PANGALOS  (1) OJ No L 118, 20. 5. 1972, p. 1. Regulation as last amended by Regulation (EC) No 3669/93 (OJ No L 338, 31. 12. 1993, p. 26).


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32001D0222

2001/222/EC: Council Decision of 12 March 2001 appointing an Austrian alternate member of the Committee of the Regions

Official Journal L 082 , 22/03/2001 P. 0028 - 0028

Council Decisionof 12 March 2001appointing an Austrian alternate member of the Committee of the Regions(2001/222/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the Council Decision of 26 January 1998(1) appointing the members and alternate members of the Committee of the Regions,Whereas a seat as an alternate member of the Committee of the Regions has become vacant following the resignation of Ms Brigitte EDERER, alternate member, notified to the Council on 6 February 2001,Having regard to the proposal from the Austrian Government,HAS DECIDED AS FOLLOWS:Sole ArticleMr Sepp RIEDER is hereby appointed an alternate member of the Committee of the Regions in place of Ms Brigitte EDERER for the remainder of the latter's term of office, which runs until 25 January 2002.Done at Brussels, 12 March 2001.For the CouncilThe PresidentB. Ringholm(1) OJ L 28, 4.2.1998, p. 19.


title: 2004/636/EC: Council Decision of 29 April 2004 on the conclusion by the European Community of the Protocol on the accession of the European Community to the European Organisation for the Safety of Air Navigation

text:
               30.9.2004

               EN

               Official Journal of the European Union

               L 304/209

      COUNCIL DECISION

   of 29 April 2004
   on the conclusion by the European Community of the Protocol on the accession of the European Community to the European Organisation for the Safety of Air Navigation
   (2004/636/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof, in conjunction with the first sentence of the first subparagraph of Article 300(2) and the second subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the assent of the European Parliament (1),
   Whereas:

               (1)

               The congestion of airspace and the forthcoming implementation of the Single European Sky call for urgent measures to be undertaken at Community level and within the framework of the European Organisation for the Safety of Air Navigation (Eurocontrol).

               (2)

               The Community has exclusive competence or competence shared with its Member States in certain areas covered by the Eurocontrol International convention relating to Cooperation for the Safety of Air Navigation of 13 December 1960, as variously amended, and as consolidated by the Protocol opened for signature on 27 June 1997 (the revised Convention). The accession of the Community to Eurocontrol for the purpose of exercising such competence is permitted under Article 40 of the revised Convention.

               (3)

               The Commission has negotiated with the Contracting Parties to Eurocontrol on behalf of the Community a Protocol on the accession of the European Community to Eurocontrol (the Protocol).

               (4)

               The Protocol was signed in Brussels on 8 October 2002 on behalf of the Community, subject to its conclusion.

               (5)

               In keeping with the mutual cooperation obligations of the Community and the Member States, the Community and the Member States which are members of Eurocontrol should simultaneously ratify the Protocol and the revised Convention in order to ensure the full, uniform application of the provisions thereof within the Community.

               (6)

               The Protocol should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Protocol on the accession of the European Community to the European Organisation for the Safety of Air Navigation is hereby approved on behalf of the Community.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to deposit the instrument of ratification with the Government of the Kingdom of Belgium on behalf of the Community, in accordance with Article 9(2) of the Protocol, together with the declaration of competence attached to this Decision.
   The instrument of ratification of the Protocol by the Community shall be deposited simultaneously with the instruments of ratification of the Protocol and of the revised Convention by all the Member States.

      Done at Luxembourg, 29 April 2004.

            For the Council

            The President

         M. McDOWELL

      (1)  Opinion delivered on 20 April 2004 (not yet published in the Official Journal).

         PROTOCOL

      on the accession of the European Community to the Eurocontrol International Convention relating to Cooperation for the Safety of Air Navigation of 13 December 1960, as variously amended and as consolidated by the Protocol of 27 June 1997
      THE REPUBLIC OF ALBANIA,
      THE FEDERAL REPUBLIC OF GERMANY,
      THE REPUBLIC OF AUSTRIA,
      THE KINGDOM OF BELGIUM,
      THE REPUBLIC OF BULGARIA,
      THE REPUBLIC OF CYPRUS,
      THE REPUBLIC OF CROATIA,
      THE KINGDOM OF DENMARK,
      THE KINGDOM OF SPAIN,
      THE REPUBLIC OF FINLAND,
      THE FRENCH REPUBLIC,
      THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
      THE HELLENIC REPUBLIC,
      THE REPUBLIC OF HUNGARY,
      IRELAND,
      THE ITALIAN REPUBLIC,
      THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA,
      THE GRAND DUCHY OF LUXEMBOURG,
      THE REPUBLIC OF MALTA,
      THE REPUBLIC OF MOLDOVA,
      THE PRINCIPALITY OF MONACO,
      THE KINGDOM OF NORWAY,
      THE KINGDOM OF THE NETHERLANDS,
      THE PORTUGUESE REPUBLIC,
      ROMANIA,
      THE SLOVAK REPUBLIC,
      THE REPUBLIC OF SLOVENIA,
      THE KINGDOM OF SWEDEN,
      THE SWISS CONFEDERATION,
      THE CZECH REPUBLIC,
      THE REPUBLIC OF TURKEY,
      and
      THE EUROPEAN COMMUNITY,
      HAVING REGARD to the Eurocontrol International Convention relating to Cooperation for the Safety of Air Navigation of 13 December 1960, as amended by the Additional Protocol of 6 July 1970, in turn amended by the Protocol of 21 November 1978, all amended by the Protocol of 12 February 1981, and as amended and consolidated by the Protocol of 27 June 1997, hereinafter referred to as ‘the Convention’international cooperation, and in particular Article 40 thereof,
      HAVING REGARD to the responsibilities granted by the Treaty establishing the European Community of 25 March 1957, as revised by the Amsterdam Treaty of 2 October 1997, to the European Community in certain areas covered by the Convention,

            HAVE AGREED AS FOLLOWS:
      Article 1
      The European Community, within the framework of its competence, accedes to the Convention on the terms and conditions laid down in this Protocol, in accordance with Article 40 of the Convention.

         Article 2
      For the European Community, within the framework of its competence, the Convention shall apply to en-route air navigation services and related approach and aerodrome services for air traffic in the Flight Information Regions of its Member States listed in Annex II to the Convention, which are within the limits of the territorial applicability of the Treaty establishing the European Community.
      The application of this Protocol to the airport of Gibraltar is understood to be without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom with regard to the dispute over sovereignty over the territory in which the airport is situated.
      Application of this Protocol to Gibraltar airport shall be suspended until the arrangements in the Joint Declaration made by the Foreign Ministers of the Kingdom of Spain and the United Kingdom on 2 December 1987 have come into operation. The Governments of Spain and the United Kingdom will inform the other Contracting Parties to this Protocol of such date of entry into operation.
      Article 3
      Subject to the provisions of this Protocol, provisions in the Convention shall be so interpreted as to also include the European Community within the framework of Community competence, and the various terms used to designate the Contracting Parties to the Convention and their representatives are to be understood accordingly.
      Article 4
      The European Community will not contribute to the budget of Eurocontrol.
      Article 5
      Without prejudice to the exercise of its voting rights under Article 6, the European Community shall be entitled to be represented and involved in the work of all bodies of Eurocontrol in which any of its Member States is entitled to be represented as a Contracting Party, and where matters falling within its competence may be dealt with, with the exception of bodies which have an audit function.
      In all bodies of Eurocontrol where it may participate, the European Community will present its positions, within the framework of its competence, in accordance with its institutional rules.
      The European Community may not submit candidates for membership of elected Eurocontrol bodies, nor may it submit candidates for office on the bodies in which it is entitled to participate.
      Article 6
      1.   For decisions in matters where the European Community has exclusive competence and for the purpose of the application of the rules provided for in Article 8 of the Convention, the European Community shall exercise the voting rights of its Member States under the Convention, and the votes and weighted votes so cast by the European Community shall be cumulated for the determination of the majorities provided for in the said Article 8 of the Convention. When the Community votes, its Member States shall not vote.
      For the purpose of deciding on the number of Contracting Parties to the Convention required for a request for decision-making by a three-quarters majority, as stipulated at the end of the first subparagraph of Article 8.2, the Community shall be considered as representing its Member States, which are Members of Eurocontrol.
      2.   A decision proposed with respect to a specific item to be voted on by the European Community shall be postponed if a Contracting Party to the Convention that is not a member of the European Community so requests. The postponement shall be used for consultations between the Contracting Parties to the Convention, assisted by the Eurocontrol Agency, on the decision proposed. In the event of such a request, the taking of the decision may be postponed for a maximum period of six months.
      For decisions in matters where the European Community has no exclusive competence, Member States of the European Community shall vote in accordance with their voting rights as provided for in Article 8 of the Convention, and the European Community shall not vote.
      3.   The European Community shall inform on a case-by-case basis the other Contracting Parties to the Convention of the cases where, with regard to the various items of the agendas of the General Assembly, the Council and other deliberating bodies to which the General Assembly and the Council have delegated powers, it will exercise the voting rights provided for in paragraph 1 above. This obligation shall also apply when decisions are taken by correspondence.
      Article 7
      The scope of the competence transferred to the Community is indicated in general terms in a written declaration made by the European Community at the time of the signature of this Protocol.
      This declaration may be modified as appropriate by notification from the European Community to Eurocontrol. It does not replace or in any way limit the matters that may be covered by the notifications of Community competence to be made prior to Eurocontrol decision-making by means of formal voting or otherwise.
      Article 8
      Article 34 of the Convention shall apply to any dispute arising between two or more Contracting Parties to this Protocol or between one or more Contracting Parties to this Protocol and Eurocontrol relating to the interpretation, application or performance of this Protocol, including its existence, validity and termination.
      Article 9
      1.   This Protocol shall be opened for signature by all States signatories to the Protocol consolidating the Eurocontrol International Convention relating to Cooperation for the Safety of Air Navigation of 13 December 1960, as variously amended, opened for signature on 27 June 1997, hereinafter referred to as ‘the Consolidating Protocol’, and the European Community.
      It shall also be opened, prior to the date of its entry into force, for signature by any State, duly authorised to sign the Consolidating Protocol, in accordance with Article II of that Protocol.
      2.   This Protocol shall be subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited with the Government of the Kingdom of Belgium.
      3.   This Protocol shall enter into force when it has been ratified, accepted or approved, on the one hand, by all signatory States that are also signatories to the Consolidating Protocol and whose ratification, acceptance or approval is required for the entry into force of the Consolidating Protocol, and on the other hand, by the European Community, on the first day of the second month after the deposit of the last instrument of ratification, acceptance or approval, provided that the Consolidating Protocol has come into force on that date. Where this condition is not met, it shall enter into force on the same date as the Consolidating Protocol.
      4.   This Protocol shall enter into force with respect to such signatories that have deposited their instruments of ratification, acceptance or approval after its entry into force on the first day of the second month following the deposit of the relevant instruments of ratification, acceptance or approval.
      5.   The Government of the Kingdom of Belgium shall notify the Governments of the other signatory States of this Protocol and the European Community of each signature, each deposit of an instrument of ratification, acceptance or approval and each date of entry into force of this Protocol pursuant to paragraphs 3 and 4.
      Article 10
      Each accession to the Convention after its entry into force shall represent also consent to be bound by this Protocol. The provisions of Articles 39 and 40 of the Convention shall also apply to this Protocol.
      Article 11
      1.   This Protocol shall remain in force for an indefinite period.
      2.   If all Eurocontrol Member States which are Members of the European Community withdraw from Eurocontrol, notification of withdrawal from the Convention, as well as from this Protocol, shall be considered to have been given by the European Community together with the notification of withdrawal, under Article 38(2) of the Convention of the last Member State of the European Community withdrawing from Eurocontrol.
      Article 12
      The Government of the Kingdom of Belgium shall have this Protocol registered with the Secretary General of the United Nations pursuant to Article 102 of the Charter of the United Nations and with the Council of the International Civil Aviation Organisation pursuant to Article 83 of the Convention on International Civil Aviation signed in Chicago on 7 December 1944.

         IN WITNESS WHEREOF, the undersigned Plenipotentiaries, having presented their Full Powers, found to be in good and due form, have signed this Protocol.
         DONE at Brussels, this eighth day of October 2002 in each of the official languages of the Signatory States, in a single original, which shall remain deposited in the archives of the Government of the Kingdom of Belgium, which shall transmit certified copies to the Governments of the other Signatory States and to the European Community. In the case of any inconsistency, the text in the French language shall prevail.

         Declaration concerning the competence of the European Community in respect of matters covered by the Eurocontrol International Convention
         In accordance with the relevant Articles of the EC Treaty, as interpreted by the Court of Justice of the European Communities, this declaration indicates the competence of the European Community in matters covered by the Eurocontrol International Convention.
         A.   GENERAL PRINCIPLES

                     1.

                     The exercise of competence which the Member States have transferred to the Community pursuant to the EC Treaty is, by its nature, liable to develop constantly. In the framework of the Treaty, the competent institutions may take decisions which determine the extent of the competence of the European Community. The European Community therefore reserves the right to amend this declaration accordingly, without this constituting a prerequisite for the exercise of its competence in Eurocontrol.

                     2.

                     In relation to Eurocontrol, only the external competence of the European Community is relevant. It follows that, unless the competent institutions explicitly decide to exercise directly an external competence on the basis of the Treaty in a given area, the European Community has exclusive competence only to the extent that its internal legislation is affected by international agreements or other rules established in the framework of international cooperation (1).

               B.   COMPETENCE EXERCISED BY THE EUROPEAN COMMUNITY
         1.   Areas of competence in the field of air traffic management

                     (a)

                     Standardisation: this covers the harmonisation of technical specifications in general and those related to equipment and systems used for the provision of air traffic services in particular (Articles 95 and 80 of the EC Treaty).
                     In this area, the most important legal instruments adopted by the European Community are Council Regulation (EEC) No 3922/91 (2), Council Directive 93/65/EEC (3) and Directive 98/34/EC of the European Parliament and of the Council (4);

                     (b)

                     Policy on research and technological development (Articles 163 to 173 of the EC Treaty).
                     In this area, currently, the most important legal instruments adopted by the European Community are Decision No 1513/2002/EC of the European Parliament and of the Council (5), Council Decision 2002/834/EC (6) and Council Decision 2002/835/EC (7). These mainly cover basic research (universities, research institutes) and both research and technological development relating to aeronautics and telematics, including air traffic management systems and equipment;

                     (c)

                     Trans-European networks (Articles 154 to 156 of the EC Treaty): these include transport, telecommunications and energy with the aim to ensure interoperability and compatibility of national networks by means of collective planning, financial incentives and interoperability standards.
                     In this area, the most important legal instruments adopted by the European Community are Decision No 1692/96/EC of the European Parliament and of the Council (8) and Council Regulation (EC) No 2236/95 (9);

                     (d)

                     Policy on harmonisation of radio spectrum: the aim in particular is to establish a policy and legal framework in order to ensure the coordination of policy approaches and harmonised conditions with regard to the availability and efficient use of the radio spectrum necessary for the establishment and functioning of the internal market in Community policy areas such as electronic communications, transport and research and development.
                     In this area, the most important legal instrument adopted by the European Community is Decision No 676/2002/EC of the European Parliament and of the Council (10).

               2.   Areas of competence in the field of air transport

         The air transport policy (Article 80(2) of the EC Treaty and subsequent legislation) has the objective to facilitate the provision of transport services within the Community, promote safety and security and contribute to the efficient functioning of the internal market.
         In this area, the most important legal instruments adopted by the European Community are Council Regulations (EEC) No 2407/92 (11), (EEC) No 2408/92 (12), (EEC) No 2409/92 (13) and (EEC) No 95/93 (14), and Regulations (EC) No 1592/2002 (15) and (EC) No 2320/2002 (16) of the European Parliament and of the Council, implemented by Commission Regulation (EC) No 622/2003 (17), Regulation (EC) No 437/2003 of the European Parliament and of the Council (18) and Directive 2003/42/EC of the European Parliament and of the Council (19).

                     3.

                     It may also occur that a measure to be taken by Eurocontrol affects established rules of general Community policies such as competition, free movement of goods and services (including public procurement and data protection), environmental protection, social policy and economic and social cohesion.

               C.   Member States' competence

                     1.

                     When the European Community has not established internal rules and it has not been decided to exercise directly an external competence, the competence rests with its Member States.

                     2.

                     The Treaty does not confer to the European Community competence with regard to issues of national security and defence; the design and use of airspace for military purposes therefore fall outside the scope of the competence of the European Community.

            (1)  As established by the Court of Justice in Opinions 1/94 [1994] ECR I-5267, 2/91 [1993] ECR I-1061 and 1/76 [1977] ECR 741, and in Case 22/71 [1971] ECR 949.

            (2)  OJ L 373, 31.12.1991, p. 4. Regulation as last amended by Regulation (EC) No 1592/2002 of the European Parliament and of the Council (OJ L 240, 7.9.2002, p. 1).

            (3)  OJ L 187, 29.7.1993, p. 52. Directive as last amended by Commission Regulation (EC) No 2082/2000 (OJ L 254, 9.10.2000, p. 1).

            (4)  OJ L 204, 21.7.1998, p. 37. Directive as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p. 18).

            (5)  OJ L 232, 29.8.2002, p. 1.

            (6)  OJ L 294, 29.10.2002, p. 1.

            (7)  OJ L 294, 29.10.2002, p. 44.

            (8)  OJ L 228, 9.9.1996, p. 1. Decision as amended by Decision 1346/2001/EC (OJ L 185, 6.7.2001, p. 1).

            (9)  OJ L 228, 23.9.1995, p. 1. Regulation as amended by Regulation (EC) No 1655/1999 of the European Parliament and of the Council (OJ L 197, 29.7.1999, p. 1).

            (10)  OJ L 108, 24.4.2002, p. 1.

            (11)  OJ L 240, 24.8.1992, p. 1.

            (12)  OJ L 240, 24.8.1992, p. 8. Regulation as amended by the Act of Accession of Austria, Finland and Sweden.

            (13)  OJ L 240, 24.8.1992, p. 15.

            (14)  OJ L 14, 22.1.1993, p. 1. Regulation as last amended by Regulation (EC) No 1554/2003 of the European Parliament and of the Council (OJ L 221, 4.9.2003, p. 1).

            (15)  OJ L 240, 7.9.2002, p. 1.

            (16)  OJ L 355, 30.12.2002, p. 1.

            (17)  OJ L 89, 5.4.2003, p. 9.

            (18)  OJ L 66, 11.3.2003, p. 1. Regulation as amended by Commission Regulation (EC) No 1358/2003 (OJ L 194, 1.8.2003, p. 9).

            (19)  OJ L 167, 4.7.2003, p. 23.


Avis juridique important

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31985D0247

85/247/EEC: Council Decision of 22 April 1985 giving a discharge to the Commission in respect of the implementation of the operations of the European Development Fund (1969) (Third EDF) for the financial year 1983

Official Journal L 112 , 25/04/1985 P. 0053 - 0053

*****COUNCIL  DECISION  of 22 April 1985  giving a discharge to the Commission in respect of the implementation of the operations of the European Development Fund (1969) (Third EDF) for the financial year 1983  (85/247/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the Convention of Association between the European Economic Community and the African States and Madagascar associated with the Community (1), signed at Yaoundé on 29 July 1969,  Having regard to Council Decision 70/549/EEC of 29 September 1970 on the association of the overseas countries and territories with the European Economic Community (2),  Having regard to the Internal Agreement on the financing and administration of Community aid (3), signed at Yaoundé on 29 July 1969, and in particular Article 22 thereof,  Having regard to the Financial Regulation of the European Development Fund (1969) set up under the Internal Agreement on the financing and administration of Community aid (4), and in particular Articles 7 and 8 thereof,  Having regard to the Council Decisions of 30 May 1972 and 30 October 1978 on the transfer and utilization of the unexpended balances of the First and Second EDFs,  Having regard to the revenue and expenditure account and the balance sheet relating to the operations of the European Development Fund (1969) (Third EDF) as at 31 December 1983,  Having regard to the report of the Court of Auditors for the financial year 1983 together with the Commission's replies (5),  Recalling that, in accordance with the provisions applicable to the implementation of the European Development Fund (1969) (Third EDF), only the Council, acting by a qualified majority, shall give a discharge to the Commission in respect of the financial administration of the Fund;  Whereas, by Decision 80/1184/EEC (6), the European unit of account was replaced by the ECU to express the amounts of financial assistance under the Second ACP-EEC Convention and the previous conventions;  Whereas revenue for the financial year 1983 consisted of the contributions of the Member States, amounting to 905 000 000 ECU, and of miscellaneous revenue of the Fund;  Whereas, pursuant to the abovementioned Council Decision of 30 October 1978, an amount of 10 765 210,09 ECU was transferred as the unexpended balance of the Second EDF to the Third EDF;  Whereas an advance of 43 905 042,58 ECU was paid to the European Development Fund (1975) (Fourth EDF);  Whereas the overall implementation by the Commission of the operations of the European Development Fund (1969) (Third EDF) during the financial year 1983 was such as to warrant its being given a discharge in respect of the implementation of those operations,  HAS DECIDED AS FOLLOWS:  Article 1  The Council shall close the revenue and expenditure accounts of the European Development Fund (1969) (Third EDF) as at 31 December 1983 as follows:  - revenue: at the sum of 915 765 210,09 ECU,  - expenditure (payments): at the sum of 867 323 037,50 ECU.  Article 2  The Council hereby gives a discharge to the Commission in respect of the implementation of the operations of the European Development Fund (1969) (Third EDF) for the financial year 1983.  Done at Brussels, 22 April 1985.  For the Council  The President  F. M. PANDOLFI  (1) OJ No L 282, 28. 12. 1970, p. 2.  (2) OJ No L 282, 28. 12. 1970, p. 83.  (3) OJ No L 282, 28. 12. 1970, p. 47.  (4) OJ No L 31, 8. 2. 1971, p. 1.  (5) OJ No C 348, 31. 12. 1984, p. 121, 240.  (6) OJ No L 349, 18. 12. 1980, p. 34.


title: 2011/724/: Decision of the European Parliament and of the Council of 25 October 2011 on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2011/003 DE/Arnsberg and Düsseldorf automotive from Germany)

text:
               8.11.2011

               EN

               Official Journal of the European Union

               L 289/30

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 25 October 2011
   on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2011/003 DE/Arnsberg and Düsseldorf automotive from Germany)
   (2011/724/EU)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,
   Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.

               (2)

               The scope of the EGF was broadened for applications submitted from 1 May 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis.

               (3)

               The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the EGF within the annual ceiling of EUR 500 million.

               (4)

               Germany submitted an application on 9 February 2011 to mobilise the EGF in respect of redundancies in five enterprises operating in the NACE Revision 2 Division 29 (‘Manufacture of motor vehicles, trailers and semi-trailers’) in the NUTS II regions of Arnsberg (DEA5) and Düsseldorf (DEA1) and supplemented it by additional information up to 28 April 2011. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 4 347 868.

               (5)

               The EGF should, therefore, be mobilised in order to provide a financial contribution for the application submitted by Germany,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2011, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 4 347 868 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 25 October 2011.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         M. DOWGIELEWICZ

      (1)  OJ C 139, 14.6.2006, p. 1.

      (2)  OJ L 406, 30.12.2006, p. 1.


title: 2006/270/EC: Commission Decision of  4 April 2006  amending Decision 92/452/EEC as regards certain embryo collection and production teams in the United States of America  (notified under document number C(2006) 1248)   (Text with EEA relevance)

text:
               7.4.2006

               EN

               Official Journal of the European Union

               L 99/27

      COMMISSION DECISION

   of 4 April 2006
   amending Decision 92/452/EEC as regards certain embryo collection and production teams in the United States of America
   (notified under document number C(2006) 1248)
   (Text with EEA relevance)
   (2006/270/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 89/556/EEC of 25 September 1989 on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species (1), and in particular Article 8 (1) thereof,
   Whereas:

               (1)

               Commission Decision 92/452/EEC of 30 July 1992 establishing lists of embryo collection teams and embryo production teams approved in third countries for export of bovine embryos to the Community (2) provides that Member States are only to import embryos from third countries where they have been collected, processed and stored by embryo collection teams listed in that Decision.

               (2)

               The United States of America have requested that amendments be made to the entries for that country on those lists as regards certain embryo collection and production teams.

               (3)

               The United States of America have provided guarantees regarding compliance with the appropriate rules set out in Directive 89/556/EEC and the embryo collection teams concerned have been officially approved for exports to the Community by the veterinary services of that country.

               (4)

               Decision 92/452/EEC should therefore be amended accordingly.

               (5)

               The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Annex to Decision 92/452/EEC is amended in accordance with the Annex to this Decision.
   Article 2
   This Decision shall apply from 10 April 2006.
   Article 3
   This Decision is addressed to the Member States.

      Done at Brussels, 4 April 2006.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 302, 19.10.1989, p. 1. Directive as last amended by Decision 2006/60/EC (OJ L 31, 3.2.2006, p. 24).

      (2)  OJ L 250, 29.8.1992, p. 40. Decision as last amended by Decision 2006/85/EC (OJ L 40, 11.2.2006, p. 24).

      ANNEX
      The Annex to Decision 92/452/EEC is amended as follows:

                  (a)

                  the following row for United States of America embryo collection teams is deleted:

                              ‘US

                              98ID103
                              E1127

                                          Pat Richards, DVM

                                          1215 F 2000 S

                                          Bliss, ID

                              Dr Pat Richards’

                  (b)

                  the following row for United States of America is inserted:

                              ‘US

                              05IA120
                              E608

                              05IA120
                              IVF

                                          Trans Ova Genetics

                                          2938 380th St

                                          Sioux Center, IA 51250

                              Dr Jon Schmidt’

                  (c)

                  the row for United States of America embryo collection team No 91IA029 is replaced by the following:

                              ‘US

                              91IA029
                              E544

                                          Westwood Embryo Services

                                          1760 Dakota Ave

                                          Waverly, IA 50677

                              Dr James West’

                  (d)

                  the row for United States of America embryo collection team No 96CO084 is replaced by the following:

                              ‘US

                              96CO084
                              E964

                                          Genetics West

                                          17890 Weld County Road 5

                                          Berthoud, CO 80513

                              Dr Thomas L. Rea’


Avis juridique important

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41996D0707

96/707/ECSC: Decision of the representatives of the governments of the Member States of the European coal and steel Community, meeting within the Council of 9 December 1996 repealing Decision 93/235/ECSC concerning trade between the European Coal and Steel Community and the Federal Republic of Yugoslavia (Serbia and Montenegro)

Official Journal L 328 , 18/12/1996 P. 0003 - 0004

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL of 9 December 1996 repealing Decision 93/235/ECSC concerning trade between the European Coal and Steel Community and the Federal Republic of Yugoslavia (Serbia and Montenegro) (96/707/ECSC)THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL,Having regard to Common Position No 96/708/CFSP of 9 December 1996 defined by the Council on the basis of Article J.2 of the Treaty on European Union, concerning the termination of restrictions on economic and financial relations with the Federal Republic of Yugoslavia (Serbia and Montenegro), the United Nations Protected Areas in the Republic of Croatia and those areas of the Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces (1),Whereas the Security Council of the United Nations has decided in its Resolution 1074 (1996) to terminate the measures imposed by its Resolutions 757 (1992), 787 (1992), 820 (1993), 942 (1994), 943 (1994), 988 (1995), 992 (1995), 1003 (1995) and 1015 (1995) in accordance with paragraph 4 of Resolution 1022 (1995);Whereas, in the circumstances, Decision 93/235/ECSC (2) should be repealed,In agreement with the Commission,HAVE DECIDED AS FOLLOWS:Article 1Decision 93/235/ECSC is hereby repealed.Article 2This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.It shall apply with effect from 2 October 1996.Done at Brussels, 9 December 1996.The PresidentB. HOWLIN(1) See page 5 of this Official Journal.(2) OJ No L 102, 28. 4. 1993, p. 17.


title: 2006/497/CFSP Political and Security Committee Decision BiH/9/2006 of  27 June 2006  on the appointment of an EU Force Commander for the European Union Military Operation in Bosnia and Herzegovina

text:
               18.7.2006

               EN

               Official Journal of the European Union

               L 196/25

      POLITICAL AND SECURITY COMMITTEE DECISION BiH/9/2006
   of 27 June 2006
   on the appointment of an EU Force Commander for the European Union Military Operation in Bosnia and Herzegovina
   (2006/497/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular Article 25, third paragraph, thereof,
   Having regard to the Council Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina (1), and in particular Article 6 thereof,
   Whereas:

               (1)

               Pursuant to Article 6 of Joint Action 2004/570/CFSP the Council authorised the Political and Security Committee (PSC) to take further decisions on the appointment of the EU Force Commander.

               (2)

               According to PSC Decision BiH/6/2005, Major General Gian Marco CHIARINI was appointed EU Force Commander for the European Union military operation in Bosnia and Herzegovina.

               (3)

               The EU Operation Commander has recommended the appointment of Rear Admiral Hans Jochen WITTHAUER as the new EU Force Commander for the European Union military operation in Bosnia and Herzegovina.

               (4)

               The EU Military Committee has supported the nomination.

               (5)

               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.

               (6)

               The Copenhagen European Council adopted on 12 and 13 December 2002 a Declaration stating that the ‘Berlin plus’ arrangements and the implementation thereof will apply only to those EU Member States which are also either NATO members or parties to the ‘Partnership for Peace’, and which have consequently concluded bilateral security agreements with NATO,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Rear Admiral Hans-Jochen WITTHAUER is hereby appointed EU Force Commander for the European Union military operation in Bosnia and Herzegovina.
   Article 2
   This Decision shall take effect on 5 December 2006.

      Done at Brussels, 27 June 2006.

            For the Political and Security Committee

            The Chairperson

         F.J. KUGLITSCH

      (1)  OJ L 252, 28.7.2004, p. 10.


title: 2007/704/EC: Commission Decision of 30 October 2007 repealing Decision 2001/602/EC accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of certain iron or steel ropes and cables originating in the Czech Republic, the Republic of Korea, Malaysia, Russia, Thailand and Turkey

text:
               31.10.2007

               EN

               Official Journal of the European Union

               L 285/52

      COMMISSION DECISION

   of 30 October 2007
   repealing Decision 2001/602/EC accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of certain iron or steel ropes and cables originating in the Czech Republic, the Republic of Korea, Malaysia, Russia, Thailand and Turkey
   (2007/704/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) (the ‘basic Regulation’), and in particular Articles 8 and 9 thereof,
   After consulting the Advisory Committee,
   Whereas:
   A.   EXISTING MEASURES

               (1)

               The Council, by Regulation (EC) No 1601/2001 (2), imposed a definitive anti-dumping duty on imports of certain iron or steel ropes and cables originating in the Czech Republic, Russia, Thailand and Turkey (‘the product concerned’).

               (2)

               The Commission, by Decision 2001/602/EC (3), accepted price undertakings offered by Open Joint Stock Company Cherepovetsky Staleprokatny Zavod, Russia (‘ChSPZ’) and Usha Siam Steel Ind., Public Company Ltd, Thailand (‘Usha Siam’).

               (3)

               On 10 August 2004, the Commission initiated a partial interim review of Regulation (EC) No 1601/2001 in accordance with Article 11(3) of the basic Regulation, limited in scope to the examination of dumping as far as ChSPZ and another Russian producer are concerned (4).

               (4)

               As explained in a notice published in the Official Journal of the European Union
                   (5), ChSPZ's name was changed to Closed Joint Stock Company Severstal-Metiz, applicable as of 1 January 2006.

               (5)

               On 3 August 2006, the Commission initiated an expiry review of Council Regulation (EC) No 1601/2001 (6).

               (6)

               On 22 March 2007 (7), the Commission initiated a partial interim review of Regulation (EC) No 1601/2001 limited in scope to the examination of dumping as far as Usha Siam is concerned.

               (7)

               All three investigations have been concluded by Council Regulation (EC) No 1279/2007 (8) which imposed with certain amendments to the level of the duties the measures for Russia and repealed the measures for Thailand and Turkey.

         B.   WITHDRAWAL OF THE ACCEPTANCE OF THE UNDERTAKING OF CLOSED JOINT STOCK COMPANY SEVERTAL-METIZ, RUSSIA

               (8)

               As set out in recital 199-203 of Regulation (EC) No 1279/2007 and after having consulted all parties concerned, the undertaking of Closed Joint Stock Company Severstal-Metiz in its current form is not appropriate to counteract the injurious effect of dumping, since it presents considerable monitoring and enforcement difficulties.

               (9)

               The interim review revealed that since the acceptance of the undertaking in 2001 the product range of SSM had changed significantly.

               (10)

               The undertaking classified the SWR produced by them in a considerable number of product types with significant price variations within each type. The review investigation confirmed that the company had serious problems in classifying the different product types properly and in accordance with the terms of the undertaking. This was partly due to accounting system limitations which did not allow them to properly distinguish between different SWR product types. Similar problems were already identified during the monitoring of the undertaking and led to a warning letter.

               (11)

               It has therefore been concluded that the undertaking in its current form is no longer workable.

               (12)

               On this basis and in accordance with the relevant clauses of the undertaking, which authorise the Commission to unilaterally withdraw the acceptance of the undertaking, the Commission has decided to withdraw acceptance of the undertaking.

               (13)

               The Commission informed the Russian authorities and the Russian exporting producer concerned that it proposed to withdraw the acceptance of the current undertaking. The interested parties were given the opportunity to comment.

         C.   REPEAL OF THE ACCEPTANCE OF THE UNDERTAKING OF USHA SIAM STEEL IND. PUBLIC COMPANY LTD., THAILAND

               (14)

               In the light of the findings regarding Thailand and as set out in recital 209 of Regulation (EC) No 1279/2007 anti-dumping measures against imports of the product concerned originating in this country are repealed.

               (15)

               As a consequence, the undertaking offered by Usha Siam should be repealed.

         D.   REPEAL OF DECISION 2001/602/EC

               (16)

               In the light of the above, Decision 2001/602/EC accepting undertakings from the two companies mentioned above should be repealed,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Decision 2001/602/EC is hereby repealed.
   Article 2
   This Decision shall take effect on the day following its publication in the Official Journal of the European Union.

      Done at Brussels, 30 October 2007.

            For the Commission

         Peter MANDELSON

            Member of the Commission

      (1)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

      (2)  OJ L 211, 4.8.2001, p. 1. Regulation as last amended by Regulation (EC) No 564/2005 (OJ L 97, 15.4.2005, p. 1).

      (3)  OJ L 211, 4.8.2001, p. 47.

      (4)  OJ C 202, 10.8.2004, p. 12.

      (5)  OJ C 51, 1.3.2006, p. 2.

      (6)  OJ C 181, 3.8.2006, p. 15.

      (7)  OJ C 66, 22.3.2007, p. 14.

      (8)  See page 1 of this Official Journal.


title: 2013/286/EU: Council Decision of 17 May 2013 designating the European Capital of Culture for the year 2017 in Denmark and in Cyprus and the European Capital of Culture for the year 2018 in Malta

text:
               14.6.2013

               EN

               Official Journal of the European Union

               L 162/9

         COUNCIL DECISION
   of 17 May 2013
   designating the European Capital of Culture for the year 2017 in Denmark and in Cyprus and the European Capital of Culture for the year 2018 in Malta
   (2013/286/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Decision No 1622/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Community action for the European Capital of Culture event for the years 2007 to 2019 (1), and in particular Article 9(3) thereof,
   Having regard to the recommendation from the European Commission,
   Having regard to the selection panel reports of September 2012 regarding the selection process of the European Capitals of Culture in Denmark and Cyprus,
   Having regard to the selection panel report of November 2012 regarding the selection process of the European Capital of Culture in Malta,
   Whereas:
   Considering that the criteria referred to in Article 4 of Decision No 1622/2006/EC are entirely fulfilled,
   HAS ADOPTED THIS DECISION:
   Article 1
   Aarhus and Paphos are designated as ‘European Capital of Culture 2017’ respectively in Denmark and Cyprus.
   Valletta is designated as ‘European Capital of Culture 2018’ in Malta.
   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, 17 May 2013.

            For the Council

            The President

         R. QUINN

      (1)  OJ L 304, 3.11.2006, p. 1.


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41984D0216

84/216/ECSC: Decision of the representatives of the Governments of the Member States of the European Coal and Steel Community meeting within the Council of 28 February 1984 opening tariff preferences in Greece for products covered by that Community and originating in Austria, Finland, Norway, Sweden and Switzerland

Official Journal L 104 , 17/04/1984 P. 0016 - 0017

*****DECISION  OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY MEETING WITHIN THE COUNCIL  of 28 February 1984  opening tariff preferences in Greece for products covered by that Community and originating in Austria, Finland, Norway, Sweden and Switzerland  (84/216/ECSC)  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY MEETING WITHIN THE COUNCIL,  Whereas the Member States have concluded among themselves the Treaty establishing the European Coal and Steel Community;  Whereas the Hellenic Republic acceded to that Community on 1 January 1981;  Whereas the Additional Protocols to the Agreements concluded between the European Economic Community and the Republic of Austria, the Republic of Finland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation entered into force on 1 January 1981;  Whereas the Additional Protocols to the Agreements concluded between the Member States of the European Coal and Steel Community and the European Coal and Steel Community, of the one part, and the Republic of Austria, the Republic of Finland, the Kingdom of Norway and the Kingdom of Sweden, of the other part, as well as the Additional Protocol to the Agreement concluded between the Member States of the European Coal and Steel Community and the Swiss Confederation are subject to approval of each Contracting Party in accordance with its own procedure;  Whereas the representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council, had decided by Decisions 80/1363/ECSC (1), 82/42/ECSC (2) and 83/1/ECSC (3) to apply autonomously the obligations for 1981, 1982 and 1983 respectively deriving from these Additional Protocols; whereas even in 1983 the ratification procedures for these Additional Protocols had not been completed by all Member States;  Anxious to prolong the autonomous and concomitant application of the tariff reductions on imports and the reductions of other import charges laid down in these Additional Protocols;  In agreement with the Commission,  HAVE DECIDED AS FOLLOWS:  Article 1  1. From 1 January until 31 December 1984 the duties applicable in Greece on imports of products covered by the European Coal and Steel Community and originating in Austria, Finland, Norway, Sweden and Switzerland shall be reduced to 40 % of the basic duty or levied at the rate of 40 % of the basic duty. The basic duties referred to shall be those duties actually applied by Greece on 1 July 1980.  The charges having equivalent effect to customs duties on imports applied by Greece to imports from the countries mentioned in the preceding paragraph shall be reduced to 40 % of the basic rate or levied at the rate of 40 % of the basic rate. The basic rates referred to shall be those rates actually applied by Greece on 31 December 1980.  2. If, in the course of 1984, Greece suspends or reduces duties or charges having equivalent effect on products imported from the rest of the Community more quickly than under the timetable fixed by the 1979 Accession Treaty, Greece shall also suspend or reduce, to the same level, the duties or charges having equivalent effect on products originating in the countries enumerated in paragraph 1.  Article 2  The import deposits and cash payments in force in Greece on 31 December 1980 with regard to imports of products originating in the countries enumerated in Article 1 (1) shall be eliminated as from 1 January 1984.  Article 3  The modifications to the origin rules made necessary by the accession of Greece to the European Communities and introduced by the Joint Committees provided for in the Agreements between the European Economic Community and the countries enumerated in Article 1 (1), which come into force on 1 January 1981, shall be applicable to the products to which this Decision refers.  Article 4  The Member States shall decide by mutual agreement on any contingent protective measures suggested by one or more Member States or the Commission.  Article 5  This Decision shall expire on the entry into force of the Additional Protocols to the Agreements between the Member States of the European Coal and Steel Community and the European Coal and Steel Community, of the one part, and the countries enumerated in Article 1 (1), of the other part, and at the latest on 31 December 1984.  Article 6  Member States shall adopt all the measures necessary for the implementation of this Decision.  Done at Brussels, 28 February 1984.  The President  M. ROCARD  (1) OJ No L 385, 31. 12. 1980, p. 19.  (2) OJ No L 20, 28. 1. 1982, p. 33.  (3) OJ No L 12, 14. 1. 1983, p. 46.


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31996D0242

96/242/EC: Council Decision of 25 March 1996 providing further macro-financial assistance for Moldova

Official Journal L 080 , 30/03/1996 P. 0060 - 0061

COUNCIL DECISION of 25 March 1996 providing further macro-financial assistance for Moldova (96/242/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,Having regard to the proposal of the Commission (1),Having regard to the opinion of the European Parliament (2),Whereas Moldova is undertaking fundamental political and economic reforms and is making substantial efforts to implement a market economy model;Whereas Moldova, on the one hand, and the European Communities and their Member States, on the other hand, have signed a Partnership and Cooperation Agreement which will help the development of a full cooperation relationship;Whereas the authorities of Moldova have requested financial assistance from the international financial institutions, the European Community and other bilateral donors; whereas, over and above the estimated financing which could be provided by the International Monetary Fund (IMF) and the World Bank, a residual financing gap of some US $ 50 million remains to be covered in 1995, in order to support the policy objectives attached to the reform effort of the government of Moldova;Whereas Moldova has agreed with the IMF on a stand-by arrangement in support of the country's economic programme; whereas this arrangement has been approved by the IMF Board on 22 March 1995;Whereas, by Decision 94/346/EC (3), the Council approved macro-financial assistance for Moldova of up to ECU 45 million; whereas, however, further official support is required in order to support the balance of payments, consolidate the reserve position and comfort the necessary structural reforms in this country;Whereas an additional Community loan facility to Moldova is an appropriate measure to help easing the country's external financial constraints;Whereas the Community loan facility should be managed by the Commission;Whereas the Treaty does not provide, for the adoption of this Decision, powers other than those of Article 235,HAS DECIDED AS FOLLOWS:Article 1 1. The Community shall make available to Moldova a long-term loan facility of a maximum principal amount of ECU 15 million with a maximum duration of 10 years, with a view to ensuring a sustainable balance-of-payments situation, strengthening the country's reserve position and comforting the implementation of the necessary structural reforms.2. To this end the Commission is empowered to borrow, on behalf of the European Community, the necessary resources that will be placed at the disposal of Moldova in the form of a loan.3. This loan will be managed by the Commission in close consultation with the Monetary Committee and in a manner consistent with any agreement reached between the IMF and Moldova.Article 2 1. The Commission is empowered to agree with the Moldovan authorities, after consulting the Monetary Committee, the economic policy conditions attached to the loan facility. These conditions shall be consistent with the agreements referred to in Article 1 (3).2. The Commission shall verify at regular intervals, in collaboration with the Monetary Committee and in close coordination with the IMF, that the economic policy in Moldova is in accordance with the objectives of this loan facility and that its conditions are being fulfilled.Article 3 1. The loan shall be made available to Moldova in a single tranche, which shall be released subject to the provisions of Article 2 and subject to satisfactory progress being recorded in Moldova's application of the stand-by arrangement agreed with the IMF.2. The funds shall be paid to the National Bank of Moldova.Article 4 1. The borrowing and lending operations referred to in Article 1 shall be carried out using the same value date and must not involve the Community in the transformation of maturities, in any exchange or interest rate risk, or in any other commercial risk.2. The Commission shall take the necessary steps, if Moldova so requests, to ensure that an early repayment clause is included in the loan terms and conditions, and that it may be exercised.3. At the request of Moldova, and where circumstances permit an improvement in the interest rate on the loans, the Commission may refinance all or part of its initial borrowings or restructure the corresponding financial conditions. Refinancing or restructuring operations shall be carried out in accordance with the conditions set out in paragraph 1 and shall not have the effect of extending the average maturity of the borrowing concerned or increasing the amount, expressed at the current exchange rate, of capital outstanding at the date of the refinancing or restructuring.4. All related costs incurred by the Community in concluding and carrying out the operation under this Decision shall be borne by Moldova.5. The Monetary Committee shall be kept informed of developments in the operations referred to in paragraphs 2 and 3 at least once a year.Article 5 At least once a year the Commission shall address to the European Parliament and to the Council a report, which will include an evaluation, on the implementation of this Decision.Done at Brussels, 25 March 1996.For the CouncilThe PresidentS. AGNELLI(1) OJ No C 15, 20. 1. 1996, p. 11.(2) OJ No C 65, 4. 3. 1996.(3) OJ No L 155, 22. 6. 1994, p. 27.


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31992D0058

92/58/EEC, Euratom: Council Decision of 27 January 1992 appointing a member of the Economic and Social Committee

Official Journal L 028 , 04/02/1992 P. 0018 - 0018

COUNCIL DECISION  of 27 January 1992  appointing a member of the Economic and Social Committee  (92/58/EEC, Euratom)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 193 to 195 thereof,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 165 to 167 thereof,  Having regard to the Convention on certain Institutions common to the European Communities, and in particular Article 5 thereof,  Having regard to the Council Decision of 24 September 1990 appointing the members of the Economic and Social Committee for the period ending on 20 September 1994 (1),  Whereas a seat has become vacant on the above Committee following the resignation of Mr Rodolfo Machado von Tschusi notified to the Council on 22 October 1991,  Having regard to the nominations submitted by the Spanish Government on 30 October 1991,  Having obtained the opinion of the Commission of the European Communities,  HAS DECIDED AS FOLLOWS:  Sole Article  Mr José Fernando RODRIGUEZ DE AZERO Y DEL HOYO is hereby appointed member of the Economic and Social Committee in place of Mr Rodolfo MACHADO VON TSCHUSI for the remainder of the latter's term of office, which runs until 20 September 1994.  Done at Brussels, 27 January 1992. For the Council  The President  A. MARQUES DA CUNHA   (1) OJ No L 290, 23. 10. 1990, p. 13.