title: Council Decision of 27 April 2009 implementing Common Position 2008/369/CFSP concerning restrictive measures against the Democratic Republic of the Congo

text:
               28.4.2009

               EN

               Official Journal of the European Union

               L 106/60

      COUNCIL DECISION

   of 27 April 2009
   implementing Common Position 2008/369/CFSP concerning restrictive measures against the Democratic Republic of the Congo
   (2009/349/CFSP)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Common Position 2008/369/CFSP of 14 May 2008 concerning restrictive measures against the Democratic Republic of the Congo (1), and in particular Article 6 thereof, in conjunction with Article 23(2) of the Treaty of the European Union,
   Whereas:

               (1)

               Following the adoption by the United Nations Security Council on 31 March 2008 of Resolution 1807 (2008) (UNSCR 1807 (2008)), the Council adopted Common Position 2008/369/CFSP on 14 May 2008 concerning restrictive measures against the Democratic Republic of the Congo.

               (2)

               On 3 March 2009, the Sanctions Committee established pursuant to United Nations Security Council Resolution 1533 (2004) (UNSCR 1533 (2004)) amended the list of persons and entities which are subject to restrictive measures.

               (3)

               The lists of persons and entities which are subject to restrictive measures in the Annex to Common Position 2008/369/CFSP should be replaced accordingly. The lists should also be amended to include additional information for certain persons and entities and to remove one individual as determined by the Sanctions Committee,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The lists of persons and entities set out in the Annex to Common Position 2008/369/CFSP shall be replaced by the lists set out in the Annex to this Decision.
   Article 2
   This Decision shall take effect on the date of its adoption.
   Article 3
   The Decision shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 27 April 2009.

            For the Council

            The President

         A. VONDRA

      (1)  OJ L 127, 15.5.2008, p. 84.

      ANNEX

         ‘a)   List of persons referred to in Articles 3, 4 and 5

                     Surname

                     First Name

                     Alias

                     Sex

                     Title, function

                     Address
                     (No, street, postal code, town, country)

                     Date of birth

                     Place of birth
                     (town, country)

                     Passport or ID Number
                     (including country that issued and date and place of issue)

                     Nationality

                     Date of designation

                     Other information

                     1.

                     BWAMBALE

                     Frank Kakolele

                     Frank Kakorere, Frank Kakorere Bwambale

                     M

                     1.11.2005

                     Former RCD-ML leader, exercising influence over policies and maintaining command and control over the activities of RCD-ML forces, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), responsible for trafficking of arms, in violation of the arms embargo. Left the CNDP in January 2008. As of December 2008 resides in Kinshasa.

                     2.

                     KAKWAVU BUKANDE

                     Jérôme

                     Jérôme Kakwavu

                     M

                     Congolese

                     1.11.2005

                     Known as: “Commandant Jérôme”. Former President of UCD/FAPC. FAPC’s control of illegal border posts between Uganda and the DRC – a key transit route for arms flows. As President of the FAPC, he exercises influence over policies and maintains command and control over the activities of FAPC forces which have been involved in arms trafficking and, consequently, in violation of the arms embargo. Given the rank of General in the FARDC in December 2004. As of December 2008, remains in the FARDC, based in Kinshasa.

                     3.

                     KATANGA

                     Germain

                     M

                     Congolese

                     1.11.2005

                     FRPI chief. Appointed General in the FARDC in December 2004. Involved in weapons transfers, in violation of the arms embargo. Under house arrest in Kinshasa from March 2005 for FRPI involvement in human rights abuses. Handed over by the Government of the DRC to the International Criminal Court on 18 October 2007.

                     4.

                     LUBANGA

                     Thomas

                     M

                     Ituri

                     Congolese

                     1.11.2005

                     President of the UPC/L, one of the armed groups and militias referred to in paragraph 20 of Resolution 1493 (2003), involved in the trafficking of arms, in violation of the arms embargo. Arrested in Kinshasa in March 2005 for UPC/L involvement in human rights abuses violations. Transferred to the ICC by the Congolese authorities on 17 March 2006. As of December 2008 is being tried for war crimes.

                     5.

                     MANDRO

                     Khawa Panga

                     Kawa Panga, Kawa Panga Mandro, Kawa Mandro, Yves Andoul Karim, Mandro Panga Kahwa, Yves Khawa Panga Mandro

                     M

                     20.8.1973

                     Bunia

                     Congolese

                     1.11.2005

                     Known as: “Chief Kahwa”, “Kawa”. Ex-President of PUSIC, one of the armed groups and militia referred to in paragraph 20 of Resolution 1493 (2003) involved in arms trafficking, in violation of the arms embargo. In prison in Bunia since 04/05 for sabotage of the Ituri peace process. Arrested by Congolese authorities in October 2005, acquitted by the Court of Appeal in Kisangani, subsequently transferred to the judicial authorities in Kinshasa on new charges of crimes against humanity, war crimes, murder, aggravated assault and battery.

                     6.

                     MBARUSHIMANA

                     Callixte

                     M

                     24.7.1963

                     Ndusu/Ruhengeri Northern Province, Rwanda

                     Rwandan

                     3.3.2009

                     Executive Secretary of the FDLR. Political/Military leader of a foreign armed group operating in the Democratic Republic of the Congo, impeding the disarmament and the voluntary repatriation and resettlement of combatants, per Security Council Resolution 1857 (2008) OP 4 (b). Current location: Paris or Thaïs, France.

                     7.

                     MPAMO

                     Iruta Douglas

                     Mpano, Douglas Iruta Mpamo

                     M

                     Bld Kanyamuhanga 52, Goma

                     28.12.1965/29.12.1965

                     Bashali, Masisi/Goma, DRC

                     Congolese

                     1.11.2005

                     Owner/Manager of the Compagnie Aérienne des Grands Lacs and of Great Lakes Business Company, whose aircraft were used to provide assistance to armed groups and militias referred to in paragraph 20 of Res. 1493 (2003). Also responsible for disguising information on flights and cargo apparently to allow for the violation of the arms embargo. Based in Goma and Gisenyi, Rwanda. Frequently travels across international border between Rwanda and Congo.

                     8.

                     MUDACUMURA

                     Sylvestre

                     M

                     Rwandan

                     1.11.2005

                     Known as: “Radja”, “Mupenzi Bernard”, “General Major Mupenzi”. FDLR Commander exercising influence over policies, and maintaining command and control over the activities of FDLR forces, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in trafficking of arms, in violation of the arms embargo. As of December 2008, continues to serve as FDLR-FOCA military commander. Based in Kibua, Masisi territory, DRC.

                     9.

                     MUJYAMBERE

                     Leopold

                     Musenyeri, Achille, Frere Petrus Ibrahim

                     M

                     17.3.1962, Est. 1966

                     Kigali, Rwanda

                     Rwandan

                     3.3.2009

                     Colonel. Commander of the Second Division of FOCA/the Reserve Brigades (an FDLR armed branch). Military leader of a foreign armed group operating in the Democratic Republic of the Congo, impeding the disarmament and the voluntary repatriation and resettlement of combatants, in violation of Security Council Resolution 1857 (2008) OP 4 (b). In evidence collated by the UNSC DRC Sanctions Committee Group of Experts, detailed in its report of 13 February 2008, girls recovered from FDLR-FOCA had previously been abducted and sexually abused. Since mid-2007, FDLR-FOCA, which previously recruited boys in their mid to late teens, has been forcefully recruiting youths aged 10 years and older. The youngest are then used as escorts, and older children are deployed as soldiers on the frontline, in violation of Security Council Resolution 1857 (2008) OP4 (d) and (e). Current location: Mwenga, South Kivu, DRC.

                     10.

                     MURWANASHYAKA

                     Dr. Ignace

                     Ignace

                     M

                     14.5.1963

                     Butera (Rwanda)/Ngoma, Butare (Rwanda)

                     Rwandan

                     1.11.2005

                     President of FDLR, exercising influence over policies, and maintaining command and control over the activities of FDLR forces, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in trafficking of arms, in violation of the arms embargo. Resident in Germany. As of December 2008, still recognised as the President of the FDLR-FOCA political branch.

                     11.

                     MUSONI

                     Straton

                     IO Musoni

                     M

                     6.4.1961 (possibly 4.6.1961)

                     Mugambazi, Kigali, Rwanda

                     Rwandan passport expired on 10.9.2004

                     29.3.2007

                     Through his leadership of the FDLR, a foreign armed group operating in the DRC, Musoni is impeding the disarmament and voluntary repatriation or resettlement of combatants belonging to those groups, in breach of Resolution 1649 (2005). Resident in Neuffen, Germany. As of December 2008, still recognised as the Vice-President of the FDLR-FOCA political branch.

                     12.

                     MUTEBUTSI

                     Jules

                     Jules Mutebusi, Jules Mutebuzi, Colonel Mutebutsi

                     M

                     South Kivu

                     Congolese (South Kivu)

                     1.11.2005

                     Known as: “Colonel Mutebutsi”. Former FARDC Deputy Military Regional Commander of 10th MR in April 2004, dismissed for indiscipline and joined forces with other renegade elements of former RCD-G to take town of Bukavu in May 2004 by force. Implicated in the receipt of weapons outside of FARDC structures and provision of supplies to armed groups and militia mentioned in paragraph 20 of Res. 1493 (2003), in violation of the arms embargo. Arrested by the Rwandan authorities in December 2007 when he tried to cross the border into the DRC. Reportedly he is currently “restrained”.

                     13.

                     NGUDJOLO

                     Mathieu Cui

                     Cui Ngudjolo

                     M

                     1.11.2005

                     “Colonel” or “General”. FNI Chief of Staff and former Chief of Staff of the FRPI, exercising influence over policies and maintaining command and control the activities of FRPI forces, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), responsible for trafficking of arms, in violation of the arms embargo. Arrested by MONUC in Bunia in October 2003. Surrendered by the Government of the DRC to the International Criminal Court on 7 February 2008.

                     14.

                     NJABU

                     Floribert Ngabu

                     Floribert Njabu, Floribert Ndjabu, Floribert Ngabu Ndjabu

                     M

                     1.11.2005

                     President of FNI, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in the trafficking of arms, in violation of the arms embargo. Arrested and placed under house arrest in Kinshasa from March 2005 for FNI involvement in human rights abuses.

                     15.

                     NKUNDA

                     Laurent

                     Laurent Nkunda Bwatare, Laurent Nkundabatware, Laurent Nkunda Mahoro Batware, Laurent Nkunda Batware, Nkunda Mihigo Laurent

                     M

                     6.2.1967/2.2.1967

                     North Kivu/Rutshuru

                     Congolese

                     1.11.2005

                     Known as “Chairman” and “Papa Six” and as “General Nkunda”. Former RCD-G General. Joined forces with other renegade elements of former RCD-G to take Bukavu in May 04 by force. In receipt of weapons outside of FARDC in violation of the arms embargo. Founder, National Congress for the People’s Defense, 2006; Senior Officer, Rally for Congolese Democracy-Goma (RCD-G), 1998-2006; Officer Rwandan Patriotic Front (RPF), 1992-1998. Resides in Tebero and Kitchanga, Masisi territory. As of December 2008, commander of the CNDP in North Kivu.

                     16.

                     NTAWUNGUKA

                     Pacifique

                     Colonel Omega, Nzeri, Israel, Pacifique Ntawungula

                     M

                     1.1.1964, Est. 1964

                     Gaseke, Gisenyi Province, Rwanda

                     Rwandan

                     3.3.2009

                     Colonel. Commander of the First Division of FOCA (an FDLR armed branch). Military leader of a foreign armed group operating in the Democratic Republic of the Congo, impeding the disarmament and the voluntary repatriation and resettlement of combatants, in violation of Security Council Resolution 1857 (2008) OP 4 (b). In evidence collated by the UNSC DRC Sanctions Committee Group of Experts, detailed in its report of 13 February 2008, girls recovered from FDLR-FOCA had previously been abducted and sexually abused. Since mid-2007, FDLR-FOCA, which previously recruited boys in their mid to late teens, has been forcefully recruiting youths aged 10 years and older. The youngest are then used as escorts, and older children are deployed as soldiers on the frontline, per Security Council Resolution 1857 (2008) OP4 (d) and (e). Current Location: Peti, Walikale-Masisis border, DRC. Received military training in Egypt.

                     17.

                     NYAKUNI

                     James

                     M

                     Ugandan

                     1.11.2005

                     Trade partnership with “Commandant Jérôme”, particularly smuggling across the DRC/Uganda border, including suspected smuggling of weapons and military material in unchecked trucks. Violation of the arms embargo and provision of assistance to armed groups and militia referred to in paragraph 20 of Res. 1493 (2003), including financial support that allows them to operate militarily.

                     18.

                     NZEYIMANA

                     Stanislas

                     Deogratias Bigaruka Izabayo, Bigaruka, Bigurura, Izabayo Deo

                     M

                     1.1.1966; Est. 1967; Alt. 28.8.1966

                     Mugusa (Butare), Rwanda

                     Rwandan

                     3.3.2009

                     Brigadier General. Deputy Commander of the FOCA (an FDLR armed branch). Military leader of a foreign armed group operating in the Democratic Republic of the Congo, impeding the disarmament and the voluntary repatriation and resettlement of combatants, in violation of Security Council Resolution 1857 (2008) OP 4 (b). In evidence collated by the UNSC DRC Sanctions Committee Group of Experts, detailed in its report of 13 February 2008, girls recovered from FDLR-FOCA had previously been abducted and sexually abused. Since mid-2007, FDLR-FOCA, which previously recruited boys in their mid to late teens, has been forcefully recruiting youths aged 10 years and older. The youngest are then used as escorts, and older children are deployed as soldiers on the frontline, in violation of Security Council Resolution 1857 (2008) OP4 (d) and (e). Current location: Kalonge, Masisi, North Kivu, DRC or Kibua, DRC.

                     19.

                     OZIA MAZIO

                     Dieudonné

                     Ozia Mazio

                     M

                     6.6.1949

                     Ariwara, DRC

                     Congolese

                     1.11.2005

                     Known as: “Omari”, “Mr Omari”. President of FEC in Aru territory. Financial schemes with “Commandant Jérôme” and FAPC and smuggling across the DRC/Uganda border, allowing supplies and cash to be made available to “Commandant Jérôme” and his troops. Violation of the arms embargo, including by providing assistance to armed groups and militia referred to in paragraph 20 of Res. 1493 (2003). Deceased in Ariwara on 23 September 2008.

                     20.

                     TAGANDA

                     Bosco

                     Bosco Ntaganda, Bosco Ntagenda, General Taganda

                     M

                     Congolese

                     1.11.2005

                     Known as: “Terminator”, “Major”. UPC/L military commander, exercising influence over policies and maintaining command and control over the activities of UPC/L, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in the trafficking of arms, in violation of the arms embargo. He was appointed General in the FARDC in December 2004 but refused to accept the promotion, therefore remaining outside of the FARDC. As of December 2008, chief of staff of the CNDP. Based in Bunagana and Rutshuru.

         b)   List of entities referred to in Articles 3, 4 and 5

                     Name

                     Alias

                     Address
                     (No, street, postal code, town, country)

                     Place of registration
                     (town, country):

                     Date of registration

                     Registration number:

                     Principal place of business:

                     Date of designation

                     Other information

                     21.

                     BUTEMBO AIRLINES (BAL)

                     Butembo, DRC

                     29.3.2007

                     Privately owned airline, operates out of Butembo. Kisoni Kambale (deceased on 5 July 2007 and subsequently de-listed on 24 April 2008) used his airline to transport FNI gold, rations and weapons between Mongbwalu and Butembo. This constitutes “provision of assistance” to illegal armed groups in breach of the arms embargo of Resolutions 1493 (2003) and 1596 (2005). As of December 2008, BAL no longer holds an aircraft operating license in the DRC.

                     22.

                     CONGOCOM TRADING HOUSE

                     Butembo, DRC (Tel: +253 (0) 99 983 784

                     29.3.2007

                     Gold-trading house in Butembo. CONGOCOM was owned by Kisoni Kambale (deceased on 5 July 2007 and subsequently de-listed on 24 April 2008). Kambale acquired almost all the gold production in the Mongbwalu district, which is controlled by the FNI. The FNI derive substantial income from taxes imposed on this production. This constitutes “provision of assistance” to illegal armed groups in breach of the arms embargo of Resolutions 1493 (2003) and 1596 (2005).

                     23.

                     COMPAGNIE AERIENNE DES GRANDS LACS (CAGL), GREAT LAKES BUSINESS COMPANY (GLBC)

                     CAGL, Avenue Président Mobutu, Goma DRC (CAGL also has an office in Gisenyi, Rwanda); GLBC, PO Box 315, Goma, DRC (GLBC also has an office in Gisenyi, Rwanda) GLBC

                     29.3.2007

                     CAGL and GLBC are companies owned by Douglas MPAMO, an individual already subject to sanctions under Resolution 1596 (2005). CAGL and GLBC were used to transport arms and ammunition in violation of the arms embargo of Resolutions 1493 (2003) and 1596 (2005). As of December 2008, GLBC no longer had any operational aircraft, although several aircraft continued flying in 2008 despite UN sanctions.

                     24.

                     MACHANGA LTD

                     Kampala, Uganda

                     29.3.2007

                     Gold export company in Kampala (Directors: Mr Rajendra Kumar Vaya and Mr Hirendra M. Vaya). MACHANGA bought gold through a regular commercial relationship with traders in the DRC tightly linked to militias. This constitutes “provision of assistance” to illegal armed groups in breach of the arms embargo of Resolutions 1493 (2003) and 1596 (2005).

                     25.

                     TOUS POUR LA PAIX ET LE DEVELOPPEMENT (NGO)

                     TPD

                     Goma, North Kivu

                     1.11.2005

                     Implicated in violation of the arms embargo, by providing assistance to RCD-G, particularly in supplying trucks to transport arms and troops, and also by transporting weapons to be distributed, to parts of the population in Masisi and Rutshuru, North Kivu, in early 2005. As of December 2008, TPD still existed and had offices in several towns in Masisi and Rutshuru territories, but its activities had almost ceased.

                     26.

                     UGANDA COMMERCIAL IMPEX (UCI) LTD

                     Kajoka Street, Kisemente Kampala, Uganda (Tel: +256 41 533 578/9); alternative address: PO Box 22709, Kampala, Uganda

                     29.3.2007

                     Gold-export company in Kampala. (Directors: Mr Kunal LODHIA and Mr J.V. LODHIA). UCI bought gold through a regular commercial relationship with traders in the DRC tightly linked to militias. This constitutes “provision of assistance” to illegal armed groups in breach of the arms embargo of Resolutions 1493 (2003) and 1596 (2005).’


title: 2008/192/EC: Council Decision of 18 February 2008 on the conclusion of the Agreement between the European Community and the Eastern Republic of Uruguay on certain aspects of air services

text:
               5.3.2008

               EN

               Official Journal of the European Union

               L 60/26

      COUNCIL DECISION

   of 18 February 2008
   on the conclusion of the Agreement between the European Community and the Eastern Republic of Uruguay on certain aspects of air services
   (2008/192/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2), in conjunction with Article 300(2), first sentence of the first subparagraph, and Article 300(3), first subparagraph,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               By a decision of 5 June 2003 the Council has authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements by a Community agreement.

               (2)

               The Commission has negotiated, on behalf of the Community, an agreement with the Eastern Republic of Uruguay on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Decision of 5 June 2003.

               (3)

               The Agreement has been signed on behalf of the Community subject to its possible conclusion at a later date, in accordance with Council Decision 2006/848/EC (2).

               (4)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and the Eastern Republic of Uruguay on certain aspects of air services is hereby approved on behalf of the Community.
   Article 2
   The President of the Council is authorised to designate the person empowered to make the notification provided in Article 9(1) of the Agreement.

      Done at Brussels, 18 February 2008.

            For the Council

            The President

         D. RUPEL

      (1)  Opinion of 12 October 2006 (not yet published in the Official Journal).

      (2)  OJ L 330, 28.11.2006, p. 18.


title: 2012/629/EU: Commission Decision of 10 October 2012 amending Decision 2008/577/EC accepting the undertakings offered in connection with the anti-dumping proceeding concerning imports of ammonium nitrate originating in Russia

text:
               11.10.2012

               EN

               Official Journal of the European Union

               L 277/8

         COMMISSION DECISION
   of 10 October 2012
   amending Decision 2008/577/EC accepting the undertakings offered in connection with the anti-dumping proceeding concerning imports of ammonium nitrate originating in Russia
   (2012/629/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 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 2022/95 (2), imposed a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia. Following a request for an expiry and interim review, the Council, by Regulation (EC) No 658/2002 (3), imposed a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia. Following a request for another expiry and interim review, the Council, by Regulation (EC) No 661/2008 (4), imposed a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia. This Regulation was last amended by Council Regulation (EC) No 989/2009 (5).

               (2)

               The Commission, by Decision 2008/577/EC (6) (‘the Decision’) accepted a price undertaking (‘the undertaking’), inter alia, from the companies Open Joint Stock Company (OJSC) ‘Azot’, Novomoskovsk, Russia, or Open Joint Stock Company (OJSC) ‘Nevinnomyssky Azot’, Nevinnomyssk, Russia, concerning imports of ammonium nitrate produced by these companies and either sold directly to the first independent customer in the Union or sold by Eurochem Trading GmbH, Zug, Switzerland or sold via Open Joint Stock Company (OJSC) Mineral and Chemical Company ‘Eurochem’, Moscow, Russia and EuroChem Trading GmbH, Zug, Switzerland, (‘the Eurochem Group’) to the first independent customer in the Union.

               (3)

               By the same Decision, the Commission also accepted an undertaking from a Ukrainian company. Measures on imports of ammonium nitrate originating in Ukraine expired on 17 June 2012 (7), thus the related undertaking also expired on the same day.

               (4)

               The undertaking accepted from the Eurochem Group is based on three elements, namely (1) an indexation of the minimum prices in accordance with public international quotations, (2) a quantitative ceiling and (3) a commitment not to sell the products covered by the undertaking to the same customers in the European Union to which they sell other products, with the exception of certain other products for which the Eurochem Group undertook to respect specific price regimes.

               (5)

               As referred to in recital 14 of the Decision, when accepting the undertaking, the sales structure of the Eurochem Group was such that the Commission considered the risk of circumventing the undertaking as limited.

         B.   CHANGED CIRCUMSTANCES

               (6)

               In April 2012, the Eurochem Group informed the Commission of a change in its corporate and sales structure, namely that it had acquired a fertiliser production and sales facility in the European Union which produces and sells not only the products covered but also a variety of other fertiliser products.

               (7)

               The Commission analysed the implications of this acquisition and considered that there is a high risk of cross-compensation. Indeed, if Eurochem Group’s recently acquired fertiliser production and sales facility in the European Union sells any of its products to the same customers as the other members of the Eurochem Group, the prices for such transactions could be set in a way to compensate for the Minimum Import Prices subject to the undertaking. Such a compensation would however not be identifiable by monitoring activities since the price structure for the majority of products produced by the recently acquired fertiliser production and sales facility is not subject to any publicly available source, thus it cannot be assessed whether the prices paid by the customers respond to the value of the products or take into account a potential rebate in order to compensate transactions subject to the undertaking for which a Minimum Import Price has to be respected. In other words, the monitoring of the undertaking would become impracticable and unworkable. The Commission informed the Eurochem Group accordingly and announced that it would be inclined to consider the withdrawal of the undertaking.

               (8)

               Subsequently, the Eurochem Group offered not to sell to the same customers products covered by the undertaking which are either of Russian origin or of EU origin. The Eurochem Group would also apply the existing price discipline concerning the sales of other products to those products of EU origin. All sales of Russian and EU origin should also be reported.

               (9)

               The Commission considers that these commitments cannot alter its initial assessment for the following reasons: (1) products of EU origin cannot be made subject to a price discipline, (2) not all manufactured products of EU origin would be subject to reporting and (3) the monitoring of such an undertaking would be impracticable as stated in recital 7 above.

               (10)

               Moreover, it cannot be excluded that some of the price quotations (being the basis for the price indexation mechanism) could be influenced by the acquisition of EU-based production and sales facilities.

               (11)

               Finally, in July 2012, the Eurochem Group informed the Commission of another change in its corporate structure, namely that one of its members trading the product concerned acquired the control through shares of a distribution group of fertilisers located both in third countries as well as in the EU. This has added to the increased risk of cross-compensation and to the impracticability of the undertaking as explained in recital 7 above.

               (12)

               Based on the above considerations, the Commission concluded that following the change in corporate and sales structure of the company, there is a high risk of cross-compensation and the undertaking accepted from the Eurochem Group becomes impracticable and therefore should be withdrawn.

               (13)

               The Eurochem Group was informed of the Commission’s conclusions and given an opportunity to comment.

         C.   WRITTEN SUBMISSIONS

               (14)

               The Eurochem Group was granted the opportunity to be heard and written submissions were also received in which the Eurochem Group offered not to sell the product covered by the undertaking to any customer to whom its recently acquired fertiliser production and sales facility in the EU sells any of its products. The Eurochem Group also explained that the referred fertiliser distribution group constitutes the traditional sales channel of its recently acquired fertiliser production and sales facility in the EU hence it does not create additional cross-compensation risk. In addition, the Eurochem Group claimed the influence over price quotations is theoretical since it would be contrary to its own commercial interest to set a lower selling price for its ammonium nitrate of EU origin in order to reduce the indexed Minimum Import Prices for the ammonium nitrate of Russian origin.

               (15)

               The Commission considers that the revised commitment does not alter the outcome of its initial assessment on the impracticability of the undertaking. Firstly, regardless of the fertiliser group being the traditional sales channel of its recently acquired production and sales facility in the EU, it is still a new sales channel to the Eurochem Group. Therefore, the monitoring of the undertaking would still require to verify all sales made by the Eurochem Group’s fertiliser and sales facility in the EU to ascertain the lack of cross-compensation, thus rendering the monitoring very burdensome. Secondly, the likely influence over price quotations cannot be eliminated since de facto the price quotations used to establish the Minimum Import Prices will be affected by the sales of the recently acquired fertiliser production facility in the EU.

         D.   AMENDMENT OF DECISION 2008/577/EC

               (16)

               Therefore, in accordance with Article 8(9) of the basic Regulation and also in accordance with the relevant clauses of the undertaking authorising the Commission to unilaterally withdraw the undertaking, the Commission has concluded that the acceptance of the undertaking offered by the Eurochem Group should be withdrawn and Decision 2008/577/EC should be amended. Accordingly, the definitive anti-dumping duty imposed by Articles 1 and 2 of Regulation (EC) No 661/2008 should apply to imports of the product concerned produced by the Eurochem Group (Taric additional code A522),

         HAS ADOPTED THIS DECISION:
   Article 1
   Acceptance of the undertaking in relation to the companies Open Joint Stock Company (OJSC) ‘Azot’, Novomoskovsk, Russia, or Open Joint Sstock Company (OJSC) ‘Nevinnomyssky Azot’, Nevinnomyssk, Russia, concerning imports of ammonium nitrate produced by these companies and either sold directly to the first independent customer in the Union or sold by Eurochem Trading GmbH, Zug, Switzerland or sold via Open Joint Stock Company (OJSC) Mineral and Chemical Company ‘Eurochem’, Moscow, Russia and EuroChem Trading GmbH, Zug, Switzerland, (‘the Eurochem Group’) to the first independent customer in the Union (Taric additional code A522) is hereby withdrawn.
   Article 2
   The table of Article 1 in Decision 2008/577/EC is replaced by the following table:

                  ‘Country

                  Companies

                  Taric additional code

                  Russia

                  JSC Acron, Veliky Novgorod, Russia and JSC Dorogobuzh, Dorogobuzh, Russia, members of “Acron” Holding Company

                  A532’

   Article 3
   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, 10 October 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 343, 22.12.2009, p. 51.

      (2)  OJ L 198, 23.8.1995, p. 1.

      (3)  OJ L 102, 18.4.2002, p. 1.

      (4)  OJ L 185, 12.7.2008, p. 1.

      (5)  OJ L 278, 23.10.2009, p. 1.

      (6)  OJ L 185, 12.7.2008, p. 43.

      (7)  OJ C 171, 16.6.2012, p. 25.


title: 2008/577/EC: Commission Decision of 4 July 2008 accepting the undertakings offered in connection with the anti-dumping proceeding concerning imports of ammonium nitrate originating in Russia and Ukraine

text:
               12.7.2008

               EN

               Official Journal of the European Union

               L 185/43

      COMMISSION DECISION

   of 4 July 2008
   accepting the undertakings offered in connection with the anti-dumping proceeding concerning imports of ammonium nitrate originating in Russia and Ukraine
   (2008/577/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.   PROCEDURE

               (1)

               By Regulation (EC) No 2022/95 (2), the Council imposed a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia (the product concerned). Pursuant to a further investigation, which established that the duty was being absorbed, the measures were amended by Council Regulation (EC) No 663/98 (3). Following a request for an expiry and an interim review pursuant to Articles 11(2) and 11(3) of the basic Regulation, the Council imposed by Regulation (EC) No 658/2002 (4) a definitive anti-dumping duty of EUR 47,07 per tonne on imports of ammonium nitrate falling within CN codes 3102 30 90 and 3102 40 90 and originating in Russia.

               (2)

               By Regulation (EC) No 132/2001 (5), the Council imposed a definitive anti-dumping duty of EUR 33,25 per tonne on imports of the product concerned originating in Ukraine. Following an expiry review initiated in January 2006, the Council, by Regulation (EC) No 442/2007 (6), renewed these measures at their current level for two years.

               (3)

               By Regulation (EC) No 993/2004 (7), the Council provided for the exemption from the anti-dumping duties of imports into the new Member States that acceded to the European Union on 1 May 2004 (the EU-10) made under the terms of special undertakings (enlargement undertakings), and authorised the Commission to accept those enlargement undertakings. On this basis, the Commission, by Regulation (EC) No 1001/2004 (8), accepted three enlargement undertakings offered by the Russian exporting producers Open Joint Stock Company (OJSC) Mineral and Chemical Company ‘Eurochem’, member of the Eurochem group of companies, and JSC Acron and JSC Dorogobuzh, members of ‘Acron’ Holding Company ‘Acron’, and Ukrainian exporting producer, Open Joint Stock Company (OJSC) Azot Cherkassy ‘Cherkassy’.

               (4)

               By Regulation (EC) No 1996/2004 (9), the Commission accepted a new undertaking from the exporting producers mentioned above until 20 May 2005.

               (5)

               By Regulation (EC) No 945/2005 (10), following an interim review limited in scope to the definition of the product concerned, the Council decided that the definition of the product concerned should be clarified and that the measures in force should also apply to the product concerned when incorporated in other fertilizers, in proportion to their content of ammonium nitrate, together with other marginal substances and nutrients.

               (6)

               On 30 November 2005, the Commission announced by a notice published in the Official Journal of the European Union
                   (11), the initiation of a partial interim review concerning imports into the Community of ammonium nitrate originating in Russia upon request of Eurochem.

               (7)

               On 19 December 2006, the Commission announced by a notice published in the Official Journal of the European Union
                   (12), the initiation of a partial interim review concerning imports into the Community of ammonium nitrate originating in Russia upon the request of Acron.

               (8)

               On 19 December 2006, the Commission announced by a notice published in the Official Journal of the European Union
                   (13), the initiation of a partial interim review concerning imports into the Community of ammonium nitrate originating in Ukraine upon the request of Cherkassy.

               (9)

               The definitive findings and conclusions of the partial interim review concerning Acron and Cherkassy are set out in Council Regulation (EC) No 236/2008 (14) and Council Regulation (EC) No 237/2008 (15). During the interim reviews Acron and Cherkassy expressed an interest in offering a price undertaking but failed to submit a duly substantiated offer within the deadline as set out in Article 8(2) of the basic Regulation. However, as stated in the above mentioned Council Regulations, the Council considered that both companies should exceptionally be allowed to complete their undertaking offers within 10 calendar days from entry into force of that Regulation due to reasons set out in recitals 61 and 62 of Regulation (EC) No 236/2008 and recitals 46 and 47 of Regulation (EC) No 237/2008. Subsequent of the publication of the above mentioned Council Regulations and within the deadline as set out in those Regulations, Acron and Cherkassy submitted acceptable price undertakings in accordance with Article 8(1) of the basic Regulation.

               (10)

               The definitive findings and conclusions of the partial interim review concerning Eurochem are set out in Council Regulation (EC) No 2008/661/EC (16) imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia. During the course of the investigation Eurochem has submitted an acceptable price undertaking within the Article 8(1) of the basic Regulation.

               (11)

               These measures were maintained by Regulation 2008/661/EC following an expiry review initiated on 14 April 2007 (17).

         B.   UNDERTAKINGS

               (12)

               In the framework of these partial interim reviews, the exporting producers offered undertakings in accordance with Article 8(1) of the basic Regulation. In these undertakings, the exporting producers offered to sell the product concerned at or above price levels which eliminate the injurious effects of dumping. In addition, the offers made provide for the indexation of the minimum prices in accordance with public international quotations of the product concerned, given that the prices of the product concerned vary significantly. The exporting producers also offered to respect a certain quantitative ceiling in order to avoid that their imports could influence the prices in France or in the United Kingdom. Those prices serve as a basis for the indexation. The level of the quantitative ceilings is set in total around 12 % of the total Community consumption of the product concerned.

               (13)

               Moreover, the exporting producers — in order to reduce the risk of price violations by means of cross-compensation of the prices — offered not to sell the product covered by the undertakings to the same customers in the European Community to which they sell other products, with the exception of certain other products for which the exporting producers undertake to respect specific price regimes.

               (14)

               The exporting producers will also provide the Commission with regular and detailed information concerning their exports to the Community, meaning that the undertakings can be monitored effectively by the Commission. Furthermore, the sales structures of the exporting producers are such that the Commission considers that the risk of circumventing the undertakings is limited.

               (15)

               Subsequent to the disclosure of the undertaking offers, the Community industry objected to these undertaking offers. The Community industry argued that the prices of the product concerned are volatile and that an indexation of the minimum import prices based on the quoted prices of the product concerned is not workable under all market conditions, in particular it would not be workable in a supply driven market. Therefore, the Community industry suggested to base the indexation of the minimum prices on the prices of natural gas as quoted at Waidhaus. However, in this regard it has to be noted that a natural gas price based indexation is not considered to be feasible in these cases due to the poor correlation of the product concerned and natural gas prices. As concerns the Community industry’s comments that on a supply driven market the current indexation formula will not be workable, it is noted that the Commission will monitor these undertakings and should prima facie evidence exist that these undertakings are no longer workable, the Commission should act expeditiously to remedy the situation, as set out in recital 19.

               (16)

               The Community industry further argued that the level of the quantitative ceilings would be too high and requested it to be set maximum at 4 % of total Community consumption. It claimed that the companies would be able to influence the prices on the Community market with the amounts mentioned in recital 12 and thus make the indexation of the minimum prices unworkable. In this respect it should be noted that the quantitative ceiling was established at a level which was considered to (i) satisfactorily limit the risk of companies influencing the prices on the UK and French market thus rendering the indexation formula unworkable (ii) be sufficiently high so that so that the undertakings remain practicable at the same time. Moreover, the Community industry failed to substantiate its argument as to how any quantity exceeding 4 % of the total Community consumption would be sufficient to have a detrimental impact on prices.

               (17)

               The Community industry proposed moreover the introduction of a ‘progressive quantitative ceiling’ whereby the quantitative ceiling of each exporting producer shall be increased on a yearly basis depending on them respecting the terms of the undertakings. This suggestion is however rejected because the sole aim of the quantitative ceilings is to limit the risk of influencing the prices on which the indexation of minimum price is based. It should also be noted that in case of a breach of the undertaking, the acceptance of the undertaking as such may be withdrawn.

               (18)

               Furthermore, the Community industry argued that because the exporting producers can sell other products together with the product covered by the undertaking to the same customers in the European Community, there is a high risk of cross-compensation, i.e. the products not covered by the undertaking may be sold at artificially low prices in order to compensate the minimum prices for the products covered by the undertaking. In this regard, it should be noted, as indicated in recital 13, the undertaking contains specific clauses in order to limit the risk of cross-compensation. Therefore, the concerns of the Community industry have been sufficiently addressed.

               (19)

               In view of the above, the undertakings offered by the Russian and Ukrainian exporting producers are acceptable.

               (20)

               However, due to the special elements of these undertakings (i.e. in particular the indexation formula) the Commission will assess the practicability of these undertakings regularly. For its practicability assessment, the Commission will take into account, but is not restricted to, the following criteria: the prices of the product concerned in the French and the UK market; the level of the coefficient of the indexation formula; the sales prices of the exporting producer as reported by them in their quarterly sales reports; profitability of the Community industry. In particular, should this practicability assessment show that the decrease of the profitability of the Community industry is attributable to the undertakings, the Commission endeavours to withdraw the acceptance of the undertakings expeditiously in accordance with Article 8(9) of the basic Regulation.

               (21)

               In order to enable the Commission to monitor effectively the companies’ compliance with the undertakings, when the request for release into free circulation is presented to the relevant customs authority, exemption from the anti-dumping duty will be conditional on (i) the presentation of an undertaking invoice containing at least the elements listed in the Annex to Regulation (EC) No 2008/661/EC and in the Annex to Council Regulation (EC) No 2008/662/EC (18); (ii) the fact that imported goods are manufactured, shipped and invoiced directly by the said companies to the first independent customer in the Community; and (iii) the fact that the goods declared and presented to customs correspond precisely to the description on the undertaking invoice. Where no such invoice is presented, or when it does not correspond to the product presented to customs, the appropriate rate of anti-dumping duty shall instead be payable.

               (22)

               To further ensure the respect of these undertakings, importers have been made aware by the Regulation (EC) No 2008/661/EC and by Regulation (EC) No 2008/662/EC that the non-fulfillment of the conditions provided for by those Regulations, or the withdrawal by the Commission of the acceptance of the undertaking, may lead to the customs debt being incurred for the relevant transactions.

               (23)

               In the event of a breach or withdrawal of the undertaking or in case of withdrawal of acceptance of the undertaking by the Commission, the anti-dumping duty imposed in accordance with Article 9(4) of the basic Regulation shall automatically apply pursuant to Article 8(9) of the basic Regulation,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The undertaking offered by the exporting producers mentioned below in connection with the anti-dumping proceeding concerning imports of ammonium nitrate originating in Russia and Ukraine are hereby accepted.

               Country

               Companies

               Taric additional code

               Russia

               Produced by OJSC NAK Azot, Novomoskovsk, Russia, or OJSC Nevinnomyssky Azot, Nevinnomyssk, Russia, and either sold directly to the first independent customer in the Community or by Eurochem Trading GmbH, Zug, Switzerland or via Open Joint Stock Company (OJSC) Mineral and Chemical Company ‘Eurochem’, Moscow, Russia and Eurochem Trading GmbH, Zug, Switzerland, to the first independent customer in the Community

               A522

               Russia

               JSC Acron, Veliky Novgorod, Russia and JSC Dorogobuzh, Dorogobuzh, Russia, members of ‘Acron’ Holding Company

               A532

               Ukraine

               Open Joint Stock Company (OJSC) Azot Cherkassy, Ukraine

               A521

         Article 2
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Brussels, 4 July 2008.

            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 198, 23.8.1995, p. 1. Regulation as amended by Regulation (EC) No 663/98 (OJ L 93, 26.3.1998, p. 1).

      (3)  OJ L 93, 26.3.1998, p. 1.

      (4)  OJ L 102, 18.4.2002, p. 1. Regulation as last amended by Regulation (EC) No 945/2005 (OJ L 160, 23.6.2005, p. 1).

      (5)  OJ L 23, 25.1.2001, p. 1. Regulation as last amended by Regulation (EC) No 945/2005.

      (6)  OJ L 106, 24.4.2007, p. 1.

      (7)  OJ L 182, 19.5.2004, p. 28.

      (8)  OJ L 183, 20.5.2004, p. 13.

      (9)  OJ L 344, 20.11.2004, p. 24.

      (10)  OJ L 160, 23.6.2005, p. 1.

      (11)  OJ C 300, 30.11.2005, p. 8.

      (12)  OJ C 311, 19.12.2006, p. 55.

      (13)  OJ C 311, 19.12.2006, p. 57.

      (14)  OJ L 75, 18.3.2008, p. 1.

      (15)  OJ L 75, 18.3.2008, p. 8.

      (16)  See page 1 of this Official Journal.

      (17)  OJ C 81, 14.4.2007, p. 2.

      (18)  See page 35 of this Official Journal.


Avis juridique important

|

31995D0440

95/440/EC: Council Decision of 13 June 1995 on the conclusion of the Agreement between the European Community and the People' s Republic of China on the modification of certain provisions of the 1988 MFA bilateral Agreement on trade in textile products between the European Community and the People' s Republic of China

Official Journal L 261 , 31/10/1995 P. 0001 - 0001

COUNCIL DECISION of 13 June 1995 on the conclusion of the Agreement between the European Community and the People's Republic of China on the modification of certain provisions of the 1988 MFA bilateral Agreement on trade in textile products between the European Community and the People's Republic of China (95/440/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with Article 228 (2), first sentence, thereof,Having regard to the proposal from the Commission,Whereas the Commission has negotiated on behalf of the Community an Agreement with the People's Republic of China on the modification of certain provisions of the 1988 MFA bilateral Agreement between the European Community and the People's Republic of China on trade in textile products (1);Whereas this Agreement initialled on 14 December 1994 should be approved,HAS DECIDED AS FOLLOWS:Article 1The Agreement between the European Community and the People's Republic of China on the modification of certain provisions of the 1988 MFA bilateral Agreement on trade in textile products between the European Community and the People's Republic of China is hereby approved on behalf of the Community.The text of this Agreement is attached to this Decision.Article 2The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community.Done at Luxembourg, 13 June 1995.For the CouncilThe PresidentF. FILLON(1) OJ No L 380, 31. 12. 1988, p. 2. Agreement as last amended by the exchange of letters (OJ No L 94, 26. 4. 1995, p. 107).


title: Council Decision (EU) 2016/394 of 14 March 2016 concerning the conclusion of consultations with the Republic of Burundi under Article 96 of the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part

text:
               18.3.2016

               EN

               Official Journal of the European Union

               L 73/90

         COUNCIL DECISION (EU) 2016/394
   of 14 March 2016
   concerning the conclusion of consultations with the Republic of Burundi under Article 96 of the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1) and revised at Ouagadougou, Burkina Faso, on 22 June 2010 (2) (the ‘ACP-EU Partnership Agreement’), and in particular Article 96 thereof,
   Having regard to the Internal Agreement between the representatives of the Governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement (3), and in particular Article 3 thereof,
   Having regard to the proposal from the European Commission, in conjunction with the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               The Republic of Burundi is not complying with the essential elements referred to in Article 9 of the ACP-EU Partnership Agreement.

               (2)

               On 8 December 2015, pursuant to Article 96 of the ACP-EU Partnership Agreement, consultations started with the Republic of Burundi, in the presence of representatives of the African, Caribbean and Pacific Group of States, including the African Union, the East African Community and the United Nations.

               (3)

               During these consultations, the representatives of the Government of Burundi presented proposed commitments. Those proposed commitments are deemed unsatisfactory.

               (4)

               Consequently, the consultations opened under Article 96 of the ACP-EU Partnership Agreement should be closed and appropriate measures adopted for the implementation of those commitments,

         HAS ADOPTED THIS DECISION:
   Article 1
   Consultations with the Republic of Burundi under Article 96 of the ACP-EU Partnership Agreement are hereby closed.
   Article 2
   The measures set out in the letter in the Annex are hereby adopted as appropriate measures under Article 96(2)(c) of the ACP-EU Partnership Agreement.
   Article 3
   This Decision shall enter into force on the date of its adoption.
   It shall be reviewed regularly at least once every six months, preferably in the light of joint monitoring missions by the European External Action Service and the Commission.

      Done at Brussels, 14 March 2016.

            For the Council

            The President

         F. MOGHERINI

      (1)  OJ L 317, 15.12.2000, p. 3.

      (2)  OJ L 287, 4.11.2010, p. 3.

      (3)  OJ L 317, 15.12.2000, p. 376.

      ANNEX

         Sir,
         The European Union considers that several of the essential elements set out in Article 9 of the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (the ‘ACP-EU Partnership Agreement’) have not been complied with by the Republic of Burundi. On several occasions, particularly during the intensified dialogue under Article 8 of the ACP-EU Partnership Agreement, it has expressed its concern about the failure to comply with certain principles of human rights, democracy and the rule of law.
         The European Union accordingly entered into consultations with the Government of Burundi under Article 96 of the ACP-EU Partnership Agreement in order to examine those concerns and ways they could be remedied.
         After the Government of Burundi accepted the European Union's invitation, consultations were opened in Brussels on 8 December 2015.
         During the meeting, the parties discussed the necessary measures to ensure a swift return to compliance with democratic principles and values, human rights and the rule of law, on the basis of the essential elements of the ACP-EU Partnership Agreement and the principles set out in the Arusha Agreements. There were discussions on nine subjects on which the European Union expected specific and concrete commitments from the Government of Burundi.
         The European Union took note of the responses given by the Burundian side during the consultations, particularly with regard to:

                     —

                     the reopening of private media and the settlement of disputes relating to private media under the Press Act;

                     —

                     the freedom to exercise the profession of journalism;

                     —

                     the freedom and safety of civil society and of defenders of human rights;

                     —

                     the management of pending legal cases in accordance with the commitments requested during the intensified dialogue under Article 8 of the ACP-EU Partnership Agreement;

                     —

                     the situation of prisoners arrested during protests;

                     —

                     the pursuit of investigations concerning allegations of torture and extra-judicial killings;

                     —

                     the holding of an inter-Burundian dialogue, in consultation with the East African Community and the African Union, or another international mediator, to facilitate a return to democratic principles;

                     —

                     the disarmament and disbandment, with the support of international observers, of any armed organisation other than the national police and defence forces;

                     —

                     the implementation of a crisis-resolution plan, in accordance with a timetable to be drawn up.

               In its conclusions following the consultations, the European Union took note of the commitment expressed by the Government of Burundi to provide clarifications and to speed up certain legal proceedings. However, at the same time, the European Union found that the responses given by the representatives of the Government of Burundi were not sufficient to address comprehensively the issue of non-compliance with essential elements of its partnership with the Republic of Burundi, or to provide a satisfactory response to the decisions taken by the African Union's Peace and Security Council on 17 October and 13 November 2015.
         The European side therefore decided to close the consultations and to adopt appropriate measures under Article 96(2)(c) of the ACP-EU Partnership Agreement.
         The return to compliance with the essential elements of the ACP-EU Partnership Agreement will be accompanied by the gradual resumption of normal cooperation ties. The schedule of commitments attached in the Annex clearly sets out the commitments expected, divided into four main areas which will be simultaneously assessed, and the appropriate measures that respond to the progress made. You will note that we are expecting to review and adjust the terms and conditions of financing and payment of our support to the Burundian contingent taking part in the AMISOM Mission (financed by the European Development Fund (EDF) under the African Peace Facility) in consultation with the African Union.
         The European Union reserves the right to amend those measures in the light of the changing political situation and the implementation of commitments.
         As part of the procedure under Article 96 of the ACP-EU Partnership Agreement, the European Union will continue to monitor closely the situation in Burundi throughout the period of validity of the decision taken under Article 96 of the ACP-EU Partnership Agreement. During this period, a dialogue will be conducted with the Government of Burundi in order to support the process of returning to compliance with the essential elements of the ACP-EU Partnership Agreement. Regular reviews of the situation will be conducted by the European Union, with the first to take place within six months. The Council may review the decision taken under Article 96 in the light of how the situation develops and whether or not the commitments are implemented.
         We have the honour to be, Sir, yours faithfully,

               For the Council

            F. MOGHERINI

               President

               For the Commission

            N. MIMICA

               Commissioner

         ANNEX

            SCHEDULE OF COMMITMENTS

                     Commitments made by the Government of Burundi

                     Appropriate measures of the European Union

                     Failure to make a commitment (situation observed at the time that consultations under Article 96 of the ACP-EU Partnership Agreement were closed): the essential elements referred to in Article 9 of the ACP-EU Partnership Agreement — (i) human rights, (ii) democratic principles and (iii) the rule of law — are not being complied with.

                     The European Union (1) will continue its support for the people of Burundi. It will continue to finance ongoing contracts and emergency operations, where such measures provide direct support to the local population and civil society and relate to the fight against poverty and access to basic services.
                     In this respect, two emergency programmes (access to health care — EUR 40 000 000 , and rural development/nutrition — EUR 15 000 000 ) will be presented to the European Union decision-making bodies for approval. The implementation of these projects is expected to be entrusted to non-governmental organisations and/or international agencies.
                     Humanitarian operations (including support for refugees) will continue to be implemented to meet proven needs, subject to access to the people affected.
                     However, financial support or disbursements of funds (including budgetary support) directly benefiting the Burundian administration or institutions are suspended.
                     The financing conditions and the procedures for payment of allowances to Burundian military personnel taking part in the AMISOM Mission, as well as the contribution paid to the Government of Burundi for pre-deployment costs (financed by the EDF under the African Peace Facility), will be reviewed and adjusted in consultation with the African Union.
                     Programmes and financing to encourage regional integration, irrespective of how they are implemented, are not covered by these measures.

                     Areas in which commitments from the Government of Burundi are expected, and corresponding indicators. These areas, and the corresponding indicators, will be assessed as a whole, as they develop.
                     1/   Political agreement on a crisis-resolution plan
                     Commitments expected

                                 1.1.

                                 Participation, in consultation with the East African Community and the African Union, or another international mediator, in a dialogue to facilitate a return to democratic principles.

                           Indicator:

                                 —

                                 Holding of an inclusive political dialogue — comprising all sections of political life in accordance with the procedures set out by the international mediator and in compliance with the present Decision, leading to a crisis-resolution plan or any consensual and peaceful solution to the crisis, in keeping with the Arusha Agreements, that provides for a return to the rule of law and inclusive governance.

                     Apart from programmes currently being implemented or identified, the uncommitted balance of the 11th EDF is EUR 322 000 000  (2). These funds remain available to Burundi and could be mobilised according to the progress made in the implementation of the commitments. According to the assessment of progress and commitments made by the Government of Burundi in four areas (de-escalation, handling of judicial cases, political dialogue and the implementation of a crisis-resolution plan), appropriate measures will gradually be taken according to the following steps:

                                 1/

                                 Depending on whether positive progress is made, in addition to the continuation of direct support to the most vulnerable parts of the population, financial commitments to strengthen the capacities of the government and institutions will be considered by the competent European Union services on a case-by-case basis, according to how urgent and relevant they are.

                                 2/

                                 In the event of more significant progress, the European Union will assess the disbursement dossier of the last tranche of budgetary support under the 10th EDF (maximum of EUR 11 500 000 ).

                           The adoption of projects (apart from budgetary support) initially planned for 2015 could be re-launched.

                                 1.2.

                                 Continuation of disarmament with the support of international observers; only the national police and the defence forces are responsible for maintaining law and order in compliance with the rule of law.

                           Indicator:

                                 —

                                 Decisions of the African Union's Peace and Security Council on disarmament (in particular the decision of 13 June 2015 on the deployment of military experts) and United Nations Security Council resolutions (in particular that of 12 November 2015) are implemented.

                                 3/

                                 In order to prepare for and support the crisis-resolution plan, a more comprehensive implementation of the measures would help kick-start the governance component of the 11th EDF National Indicative Programme (NIP) and budgetary support programme.

                           The programme planned for 2016 in the energy sector is therefore also kick-started.

                                 4/

                                 Finally, the implementation of all the measures would allow the unrestricted implementation of all the European Union programmes and funds planned for Burundi under the 11th EDF NIP (EUR 432 000 000 ).

                     2/   Measures to de-escalate tension and open up the political process
                     Commitments expected

                                 2.1.

                                 Reopening of private media and settlement of disputes relating to private media under the Press Act.

                           Indicator:

                                 —

                                 Independent radio and television stations broadcast throughout the country to ensure pluralism of information.

                                 2.2.

                                 Freedom to exercise the profession of journalism in complete safety.

                           Indicator:

                                 —

                                 Concrete action is taken to counter the intimidation of journalists

                                 —

                                 Investigation measures are taken in relation to the prosecution of perpetrators of violence against journalists; the situation of journalists is addressed in accordance with the Press Act and in a manner compatible with freedom of expression.

                                 2.3.

                                 Freedom and safety of civil society and defenders of human rights.

                           Indicator:

                                 —

                                 Repeal of the Decree of 23 November 2015 suspending the activities of certain civil society organisations; the end of intimidation of defenders of human rights.

                     3/   Measures connected to judicial cases
                     Commitments expected

                                 3.1.

                                 Handling of pending legal cases, including those raised during the intensified Article 8 dialogue.

                           Indicator:

                                 —

                                 The holding of appeal hearings in the cases concerned (MSD, F. Bamvuginyumvira, L. Ngendakumana) in a manner that complies with the rules and the rights of the defence.

                                 3.2.

                                 The cases of prisoners connected to protests and security incidents are handled in accordance with the Burundian Criminal Code and international standards.

                           Indicator:

                                 —

                                 Drafting of legal acts confirming the release of protesters who have not committed acts of violence, and the lifting of warrants for their arrest where these exist. The appearance before a judge of all protesters still to be prosecuted, within the statutory time limits and in accordance with Burundi's laws, including the international standards ratified by Burundi on the right to a fair trial.

                                 3.3.

                                 Investigations into allegations of torture and extra-judicial killings, and follow-up on their conclusions.

                           Indicator:

                                 —

                                 Publication of credible investigation reports, carried out with the participation of international experts, on all cases of alleged torture, sexual violence, disappearances and extra-judicial killings, and adoption of measures against those responsible for such acts.

                     4/   Implementation of the crisis-resolution plan
                     Commitment expected
                     Implementation of the crisis-resolution plan according to the agreed timetable
                     The conclusions of the international mediators and the crisis-resolution plan are implemented according to the timetable and procedures set out in the plan.

            (1)  Including the European Investment Bank (EIB).

            (2)  EUR 55 million of the 11th EDF National Indicative Programme has already been committed in 2014, and the two emergency projects being prepared to help the people of Burundi will also be worth a total of EUR 55 million.


title: Council Decision of 29 September 2016 renewing the Governing Board of the European Centre for the Development of Vocational Training

text:
               7.10.2016

               EN

               Official Journal of the European Union

               C 368/2

         COUNCIL DECISION
   of 29 September 2016
   renewing the Governing Board of the European Centre for the Development of Vocational Training
   (2016/C 368/02)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),
   Having regard to the nomination submitted by the Commission as regards the Employees’ representatives,
   Whereas:

               (1)

               By its Decisions of 14 July 2015 (2) and of 14 September 2015 (3), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2015 to 17 September 2018.

               (2)

               A member’s seat is available for France on the Governing Board of the Centre in the category of representatives of Employees’ organisations.

               (3)

               The members of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2018,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following person is hereby appointed member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of its term of office, which runs until 17 September 2018:
   REPRESENTATIVES OF THE EMPLOYEES’ ORGANISATIONS:

               FRANCE

               Mr Sébastien DUPUCH

         Article 2
   This Decision shall be published, for information, in the Official Journal of the European Union.

      Done at Brussels, 29 September 2016.

            For the Council

            The President

         P. ŽIGA

      (1)  OJ L 39, 13.2.1975, p. 1.

      (2)  OJ C 232, 16.7.2015, p. 2.

      (3)  OJ C 305, 16.9.2015, p. 2.


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31973Y0919(02)

Decision No 74 of 22 February 1973 concerning the provision of medical care in cases of temporary stay under Article 22 (1) (a) (i) of Regulation (EEC) No 1408/71 and Article 21 of Regulation (EEC) No 574/72

Official Journal C 075 , 19/09/1973 P. 0004 - 0005 Spanish special edition: Chapter 05 Volume 2 P. 0007  Portuguese special edition Chapter 05 Volume 2 P. 0007

DECISION No 74  of 22 February 1973  concerning the provision of medical care in cases of temporary stay under Article 22 (1) (a) (i) of Regulation (EEC) No 1408/71 and Article 21 of Regulation (EEC) No 574/72  THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS;  Having regard to Article 81 (a) of Regulation (EEC) No 1408/71 under which it is made responsible for dealing with all administrative questions arising from the provisions of Regulations (EEC) Nos 1408/71 and 574/72;  Whereas Decision No 21 published in the Official Journal of the European Communities No 45 of 26 July 1960 has been rendered unvalid by the entry into force of Regulations (EEC) Nos 1408/71 and 574/72, but, taking into account the provisions of the said Regulations, there are grounds for adopting a new decision specifying the procedures for applying Article 22 (1) (a) (i) of Regulation (EEC) No 1408/71, in the case referred to in Article 21 of Regulation (EEC) No 574/72;  HAS DECIDED:      1. The institution of the place of stay shall apply the provisions of Article 22 (1) (a) (i) of Regulation (EEC) No 1408/71, in the case referred to in Article 21 of Regulation (EEC) No 574/72, only if the person concerned has applied to it before the end of his temporary stay in order either to submit to it a certified statement (Form E 111) issued by the competent institution or to ask the institution of the place of stay to enquire of the competent institution by means of Form E 107, about his entitlement to benefits. In the latter case, the reply from the competent institution must confirm that the person concerned is enitled to benefits ; the fact that the reply from the competent  institution is received after the departure of the person concerned cannot be used against him as a ground for refusing payment of benefits.  2. This Decision shall be published in the Official Journal of the European Communities. It shall apply to the six Founder Member States as from 1 October 1972 and, in accordance with the Treaty of Accession, as from 1 April 1973 for the three new Member States.   The President of the Administrative Commission  J. DONIS


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32002D0220

2002/220/EC: Council Decision of 1 March 2002 on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Gabonese Republic on fishing off the coast of Gabon for the period 3 December 2001 to 2 December 2005

Official Journal L 073 , 15/03/2002 P. 0016 - 0017

Council Decisionof 1 March 2002on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Gabonese Republic on fishing off the coast of Gabon for the period 3 December 2001 to 2 December 2005(2002/220/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) Under the second subparagraph of Article 14 of the Agreement between the European Community and the Gabonese Republic on fishing off the coast of Gabon(1), the Community and the Gabonese Republic have held negotiations with a view to determining amendments or additions to be made to that Agreement at the end of the period of validity of the Protocol annexed thereto.(2) As a result of these negotiations, a new Protocol was initialled on 20 September 2001.(3) Under this Protocol, Community fishermen enjoy fishing opportunities in the waters falling within the sovereignty or jurisdiction of the Gabonese Republic for the period from 3 December 2001 to 2 December 2005.(4) In order to ensure uninterrupted fishing activities by Community vessels, it is essential that the new Protocol be applied as quickly as possible. For this reason, the two parties have initialled an Agreement in the form of an Exchange of Letters providing for the provisional application of the initialled Protocol from 3 December 2001.(5) The allocation of the fishing opportunities among the Member States should be defined,HAS DECIDED AS FOLLOWS:Article 1The Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Gabonese Republic on fishing off the coast of Gabon for the period 3 December 2001 to 2 December 2005 is hereby approved on behalf of the Community.The texts of the Agreement in the form of an Exchange of Letters and of the Protocol are attached to this Decision.Article 2The fishing opportunities set out in the Protocol shall be allocated among the Member States as follows:>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 3The Member States whose vessels fish under the Protocol shall be required to notify the Commission of the quantities of each stock caught in the Gabonese fishing zone in accordance with Commission Regulation (EC) No 500/2001 of 14 March 2001 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 on the monitoring of catches taken by Community fishing vessels in third country waters and on the high seas(2).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 in order to bind the Community.Done at Brussels, 1 March 2002.For the CouncilThe PresidentR. de Miguel(1) OJ L 308, 18.11.1998, p. 4.(2) OJ L 73, 15.3.2001, p. 8.


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31990D0073

90/73/EEC: Council Decision of 12 February 1990 concerning the conclusion of a Cooperation Agreement between the European Economic Community and the Kingdom of Norway on a programme plan to stimulate the international cooperation and interchange needed by European research scientists (Science)

Official Journal L 050 , 26/02/1990 P. 0015

COUNCIL DECISION  of 12 February 1990  concerning the conclusion of a Cooperation Agreement between the European Economic Community and the Kingdom of Norway on a programme plan to stimulate the international cooperation and interchange needed by  European research scientists (Science)  (90/73/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 130 q (2) thereof,  Having regard to the proposal from the Commission (1),  In cooperation with the  European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas by Decision 88/419/EEC (4), the Council adopted a programme plan to stimulate the international cooperation and interchange needed by European  research scientists (1988 to 1992) (Science); whereas Article 5 of that Decision authorizes the Commission to negotiate agreements with third countries and in particular with those European countries having concluded framework agreements for scientific  and technical cooperation with the Community with a view to associating them wholly or partly with the programme plan;  Whereas by Decision 87/177/EEC (5), the Council approved the conclusion on behalf of the European Economic Community of the Framework  Agreement for scientific and technical cooperation between the European Communities and, among others, the Kingdom of Norway;  Whereas the Cooperation Agreement between the European Economic Community and the Kingdom of Norway on a programme plan to  stimulate the international cooperation and interchange needed by European research scientists (Science) should be approved,  HAS DECIDED AS FOLLOWS:   Article 1  The Cooperation Agreement between the European Economic Community and the Kingdom of Norway on a programme plan to stimulate the international cooperation and interchange needed by European research scientists (Science), 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 shall give the notification provided for in Article 11 of the Agreement (6).    Done at Brussels, 12 February 1990.  For the Council  The President  A. REYNOLDS         (1) OJ No C 154, 22. 6. 1989, p. 12.  (2) OJ No C 291, 20. 11. 1989, p. 41 and OJ No C 38,  19. 2. 1990.  (3) OJ No C 298, 27. 11. 1989, p. 30.  (4) OJ No L 206, 30. 7. 1988, p. 34.  (5) OJ No L 71, 14. 3. 1987, p. 29.  (6) The date of entry  into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


title: 2005/459/EC,Euratom: Council and Commission Decision of  3 October 2005  on the conclusion of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Uzbekistan, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union

text:
               6.7.2006

               EN

               Official Journal of the European Union

               L 185/27

      COUNCIL AND COMMISSION DECISION

   of 3 October 2005
   on the conclusion of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Uzbekistan, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union
   (2006/459/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION
   AND THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 44(2), the last sentence of Article 47(2), and Articles 55, 57(2), 71, 80(2), 93, 94, 133 and 181a, in conjunction with the second sentence of Article 300(2) and the first subparagraph of Article 300(3), thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,
   Having regard to the 2003 Treaty of Accession, and in particular Article 2(3) thereof,
   Having regard to the 2003 Act of Accession, and in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Having regard to the Council's approval pursuant to Article 101 of the Treaty establishing the European Atomic Energy Community,
   Whereas:

               (1)

               The Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Community and its Member States, of the one part, and the Republic of Uzbekistan, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union, and providing for certain technical adjustments linked to the institutional and legal developments within the European Union, was signed on behalf of the European Community and the Member States on 30 April 2004.

               (2)

               Pending its entry into force, the Protocol has been applied on a provisional basis as from 1 May 2004.

               (3)

               The Protocol should be concluded,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   The Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Uzbekistan, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union is hereby approved on behalf of the European Community, the European Atomic Energy Community and the Member States.
   The text of the Protocol is attached to this Decision (2).
   Article 2
   The President of the Council shall, on behalf of the European Community and the Member States, give the notification provided for in Article 4 of the Protocol. The President of the Commission shall simultaneously give such notification on behalf of the European Atomic Energy Community.

      Done at Luxembourg, 3 October 2005.

            For the Council

            The President

         D. ALEXANDER

            For the Commission

            The President

         J. M. BARROSO

      (1)  OJ C 174 E, 14.7.2005, p. 45

      (2)  See page 23 of this Official Journal,


title: Commission Decision of 7 December 2009 on extending the availability period of the exceptional Community financial assistance to Kosovo

text:
               10.12.2009

               EN

               Official Journal of the European Union

               L 323/66

      COMMISSION DECISION

   of 7 December 2009
   on extending the availability period of the exceptional Community financial assistance to Kosovo
   (2009/918/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Decision 2006/880/EC of 30 November 2006 providing exceptional Community financial assistance to Kosovo (1), and in particular to Article 1(3),
   Whereas:

               (1)

               The availability of the exceptional Community financial assistance to Kosovo (2), according to the above mentioned Decision, expires on 11 December 2009.

               (2)

               Article 1(3) of Decision 2006/880/EC foresees the possibility for the Commission to extend the availability period by a maximum of one year.

               (3)

               The availability period should be extended by one year in order to complete the financial assistance programme.

               (4)

               The Economic and Financial Committee has been duly consulted on this extension,

         HAS ADOPTED THIS DECISION:
   Article 1
   The availability period of the exceptional Community financial assistance to Kosovo is extended by one additional year, until 11 December 2010.
   Article 2
   This Decision shall take effect on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 7 December 2009.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 339, 6.12.2006, p. 36.

      (2)  Under United Nations Security Council Resolution No 1244/1999 (UNSCR 1244/99) of 10.6.1999.


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31991D0478

91/478/EEC: Council Decision of 8 July 1991 concerning the provisional application of the Agreed Minute amending the Agreement between the European Economic Community and the Kingdom of Thailand on trade in textile products

Official Journal L 256 , 13/09/1991 P. 0059 - 0059

COUNCIL DECISION  of 8 July 1991  concerning the provisional application of the Agreed Minute amending the Agreement between the European Economic Community and the Kingdom of Thailand on trade in textile products  (91/478/EEC)THE  COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas, pending the completion of the procedures necessary for its conclusion, the Agreement between the European Economic Community and the Kingdom of Thailand on trade in textile products, initialled on 28 June 1986, has been provisionally applied  since 1 January 1987 in accordance, with regard to the Community, with Decision 87/460/EEC (1);  Whereas, by an Agreed Minute (2) between the European Economic Community and the Kingdom of Thailand of 21 April 1988, the parties agreed to introduce additional reserved quantities for textile categories 4 and 5;  Whereas the 1986 Textile Agreement provides for the possibility of re-examining quantitative adjustments to the quotas for certain categories, in order to allow for the introduction of the harmonized system;  Whereas, following consultations between the Community and Thailand, an Agreed Minute merging, with effect from 1 January 1989, the additional reserved quantities with the basic quotas on products of categories 4 and 5 provided for in the Textile  Agreement was initialled by the parties on 26 September 1990;  Whereas, pending the completion of the procedures necessary for the conclusion of the 1986 Textile Agreement and the former Agreed Minutes of 25 March 1988 (3) and 21 April 1988, the Agreed Minute of 26 September 1990 should be applied provisionally,  with effect from 26 September 1990, provided that there is a reciprocal provisional application on the part of the Kingdom of Thailand,  HAS DECIDED AS FOLLOWS:  Article 1  Pending the completion of the procedures necessary for its conclusion, the Agreed Minute of 26 September 1990 amending the Agreement between the European Economic Community and the Kingdom of Thailand on trade in textile products shall be  applied provisionally in the Community, with effect from 26 September 1990, provided that there is reciprocal provisional application on the part of the Kingdom of Thailand.  The text of the Agreed Minute is attached to this Decision.  Article 2  The Commission is invited to seek the agreement of the Government of the Kingdom of Thailand on the provisional application of the Agreed Minute referred to in Article 1 and to notify the Council thereof. Done at Brussels, 8 July 1991. For  the Council  The President  W. KOK   (1) OJ No L 255, 5. 9. 1987, p. 127. (2) OJ No L 95, 8. 4. 1989, p. 30. (3) OJ No L 95, 8. 4. 1989, p. 28.


title: 2005/423/EC: Council Decision of 10 May 2005 concerning the conclusion of an Additional Protocol to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union

text:
               8.6.2005

               EN

               Official Journal of the European Union

               L 144/42

      COUNCIL DECISION

   of 10 May 2005
   concerning the conclusion of an Additional Protocol to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union
   (2005/423/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 310 thereof in conjunction with the first subparagraph of Article 300(2) and the second subparagraph of Article 300(3) thereof,
   Having regard to the 2003 Act of Accession, and in particular to Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the assent of the European Parliament,
   Whereas:

               (1)

               The Additional Protocol to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, was signed on behalf of the Community and its Member States on 16 December 2004.

               (2)

               The Additional Protocol should be approved,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   1.   The Additional Protocol to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union, is hereby approved on behalf of the Community and its Member States.
   The text of the Additional Protocol is attached to this Decision (1).
   2.   The President of the Council shall give the notification provided for in Article 13 of the Additional Protocol

      Done at Brussels, 10 May 2005.

            For the Council

            The President

         J. KRECKÉ

      (1)  OJ L 38, 10.2.2005, p. 3.