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31985D0273

85/273/EEC: Council Decision of 4 June 1985 amending Annex II to Decision 80/1186/EEC on the association of the overseas countries and territories with the European Economic Community

Official Journal L 148 , 07/06/1985 P. 0029 - 0030 Spanish special edition: Chapter 11 Volume 21 P. 0258  Portuguese special edition Chapter 11 Volume 21 P. 0258

*****COUNCIL  DECISION  of 4 June 1985  amending Annex II to Decision 80/1186/EEC on the association of the overseas countries and territories with the European Economic Community  (85/273/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 136 thereof,  Having regard to the draft Decision submitted by the Commission,  Whereas Decision 80/1186/EEC (1), as last amended by Decision 85/159/EEC (2), continues to apply until the entry into force of new provisions applying the principles set out in Articles 131 to 135 of the Treaty and at the latest until 28 February 1986, without prejudice to more favourable provisions to be adopted by the Community in respect of imports of products from the overseas countries and territories;  Whereas it is laid down in Article 4 of Decision No 2/85 of the ACP-EEC Council of Ministers on transitional measures valid from 1 March 1985, brought into force in the Community by Regulation (EEC) No 485/85 (3), that the provisions concerning the procedure for derogating from the rules of origin, contained in Article 30 of Protocol 1 to the Third ACP-EEC Convention signed in Lomé on 8 December 1984 shall be applied in advance; whereas the effect of these provisions is to improve the derogation procedure;  Whereas the same improvements should be introduced in the context of trade between the Community and the overseas countries and territories; whereas to this end it is necessary to amend Annex II to Decision 80/1186/EEC,  HAS DECIDED AS FOLLOWS:  Article 1  Article 28 of Annex II to Decision 80/1186/EEC is hereby replaced by the following:  'Article 28  1. Derogations from this Annex may be adopted by the Council where the development of existing industries in a country or territory or the creation of new industries in a country or territory justifies them.  The Member State concerned or, where appropriate, the competent authority of the country or territory concerned, shall notify the Community of its request for a derogation together with the reasons for the request in accordance with Explanatory Note 10.  2. The examination of requests shall in particular take into account:  (a) the level of development or the geographical situation of the country or territory concerned;  (b) cases where the application of the existing rules of origin would affect significantly the ability of an existing industry in a country or territory to continue its exports to the Community, with particular reference to cases where this could lead to cessation of its activities;  (c) specific cases where it can be clearly demonstrated that significant investment in an industry could be deterred by the rules of origin and where a derogation favouring the realization of the investment programme would enable these rules to be satisfied by stages.  3. In every case an examination shall be made to ascertain whether the rules relating to cumulation of origin do not provide a solution to the problem.  In addition, when a request for derogation concerns a least-developed country or territory, its examination shall be carried out with a favourable bias having particular regard to:  (a) the economic and social impact of the decision to be taken, especially in respect of employment;  (b) the need to apply the derogation for a period taking into account the particular situation of the least-developed country or territory concerned and its difficulties.  4. The examination of requests shall in particular take into account on a case-by-case basis the possibility of conferring originating status on products which include in their composition products originating in neighbouring developing countries or least-developed countries provided that satisfactory administrative cooperation can be established.  5. Without prejudice to paragraphs 1 to 4, the derogation shall be granted where the value added to the non-originating products used in the country or territory, or countries or territories, concerned, is at least 60 % of the value of the finished product, provided that the derogation is not such as to cause serious injury to an economic sector of the Community or of one or more Member States.  6. The Council, on the basis of a report from the Committee on Origin, shall examine these requests as soon as possible and take the necessary steps to ensure that a decision is reached as quickly as possible and in any case no later than three months after the request has been received.  7. (a) The derogations shall be valid for a period which shall generally be of three years; this period may be extended to a maximum of five years to take account of the particular situation of the requesting country or territory.  (b) Subject to the conditions laid down in paragraph 6, the derogation decision may provide for renewals for periods of a maximum of two years, without exceeding a total period of five years and without the necessity of a further Council decision, provided that the countries or territories concerned submit, three months before the end of each period, proof that they are still unable to meet the conditions of this Annex which have been derogated from.'  Article 2  This Decision shall be published in the Official Journal of the European Communities.  It shall take effect on 1 March 1985.  Done at Luxembourg, 4 June 1985.  For the Council  The President  L. GRANELLI  (1) OJ No L 361, 31. 12. 1980, p. 1.  (2) OJ No L 61, 1. 3. 1985, p. 25.  (3) OJ No L 61, 1. 3. 1985, p. 1.


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32002D0950

2002/950/EC: Commission Decision of 3 December 2002 terminating the review of Council Regulation (EC) No 1601/1999 imposing a definitive countervailing duty on imports of stainless steel wire having a diameter of less than 1 mm originating in India

Official Journal L 330 , 06/12/2002 P. 0033 - 0034

Commission Decisionof 3 December 2002terminating the review of Council Regulation (EC) No 1601/1999 imposing a definitive countervailing duty on imports of stainless steel wire having a diameter of less than 1 mm originating in India(2002/950/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community(1), as amended by Regulation (EC) No 1973/2002(2), and in particular Article 20 thereof,After consulting the Advisory Committee,Whereas:A. PREVIOUS PROCEDURE(1) By Regulation (EC) No 1601/1999(3), the Council imposed a definitive countervailing duty on imports of stainless steel wire having a diameter of less than 1 mm (hereinafter referred to as "the product concerned") falling within CN code ex 7223 00 19 originating in India. The measures took the form of ad valorem duties of between 0 % and 42,9 % on individual exporters, with a residual duty of 44,4 %.B. CURRENT PROCEDURE1. Request for review(2) Subsequent to the imposition of definitive measures, the Commission received a request for the initiation of an accelerated review of Regulation (EC) No 1601/1999, pursuant to Article 20 of Regulation (EC) No 2026/97 (hereinafter referred to as "the basic Regulation"), from one Indian producer, Nevatia Steel &  Alloys Private Limited ("Nevatia"), in Bombay. The company concerned claimed that it was not related to any other exporters of the product concerned in India. Furthermore, it claimed that it had not exported the product concerned during the original investigation period (1 April 1997 to 31 March 1998), but had exported the product concerned to the Community since then.2. Initiation of an accelerated review(3) The Commission examined the evidence submitted by the Indian company concerned and considered it sufficient to justify the initiation of a review in accordance with the provisions of Article 20 of the basic Regulation. After consultation of the Advisory Committee and after the Community industry concerned had been given the opportunity to comment, the Commission initiated, by a notice in the Official Journal of the European Communities(4), an accelerated review of Regulation (EC) No 1601/1999 with regard to the company concerned and commenced its investigation.3. Product concerned(4) The product covered by the current review is the same product as that under consideration in Regulation (EC) No 1601/1999, namely stainless steel wire having a diameter of less than 1 mm.4. Parties concerned(5) The Commission officially advised the company concerned and the Government of India of the initiation of the procedure. Furthermore, it gave other parties directly concerned the opportunity to make their views known in writing and to request for a hearing. However, no such views nor any request for a hearing was received by the Commission.(6) The Commission sent a questionnaire to the company concerned and received a full reply within the required deadline. The Commission sought and verified all information it deemed necessary for the purpose of the investigation and carried out a verification visit to the premises of the company concerned.C. RESULTS OF THE INVESTIGATION(7) The Commission first examined whether Nevatia had actually exported the product to the Community during the investigation period of the original investigation.(8) In this respect, it was established that Nevatia had not directly exported the product during the original investigation period. However, Nevatia had sold the product concerned to Mukand, one of the Indian exporting producers which had exported in the original investigation period and which was made subject to countervailing measures with regard to its exports to the Community. Nevatia argued that it had no knowledge of the ultimate destination of the products it sold to Mukand and could not rule out that some or even all of them were exported to the Community.(9) Despite the lack of clarity with regard to whether Nevatia's products had been exported to the Community or not during the original investigation period, the Commission examined whether an individual subsidy rate could be calculated for Nevatia. In this regard, it was established that Nevatia did not export the product concerned either to the Community or to any other country during the review investigation period, i.e. from 1 April 1998 to 31 March 1999.(10) The Commission also examined whether there was any alternative basis for calculating an individual rate for Nevatia within the context of Article 28 of the basic Regulation relating to "best facts available". In this respect, consideration was given to the use of data relating to one shipment of the product exported to the Community by Nevatia after the investigation period of this review. However, this shipment could not in any case provide a representative basis for the establishment of a reliable individual rate, particularly as this shipment was considered negligible, i.e. represented less than 0,01 % of its total sales of steel wires during the review investigation period. In these circumstances, no individual countervailing duty rate can be established for Nevatia.D. FINAL COURSE OF ACTION(11) The Commission informed the company concerned of the essential facts and considerations on the basis of which it was proposed to terminate the review, and gave the company a reasonable period of time to comment. No comments which could change the proposal to terminate the review were submitted.(12) Accordingly, it is confirmed that no individual countervailing duty rate can be established for Nevatia in accordance with Article 20 of the basic Regulation. The accelerated review should therefore be terminated,HAS ADOPTED THIS DECISION:Sole ArticleThe accelerated review of Council Regulation (EC) No 1601/1999 concerning imports of stainless steel wire having a diameter of less than 1 mm originating in India is hereby terminated.Done at Brussels, 3 December 2002.For the CommissionPascal LamyMember of the Commission(1) OJ L 288, 21.10.1997, p. 1.(2) OJ L 305, 7.11.2002, p. 4.(3) OJ L 189, 22.7.1999, p. 26.(4) OJ C 261, 15.9.1999, p. 4.


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31997D1022(02)

Council Decision of 6 October 1997 appointing five members of the Scientific and Technical Committee

Official Journal C 321 , 22/10/1997 P. 0007 - 0007

COUNCIL DECISION of 6 October 1997 appointing five members of the Scientific and Technical Committee (97/C 321/04)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 134 thereof,Having regard to the Act of Accession of Austria, Finland and Sweden, and in particular Article 126 thereof (1),Having regard to the Council Decision of 7 February 1994 on the renewal of the members of the Scientific and Technical Committee (2),Having regard to the opinion of the Commission,Whereas the composition of the Scientific and Technical Committee should be supplemented with the appointment of five additional members,HAS DECIDED AS FOLLOWS:Article 1 Mr Peter HILLE, Mr Erich KNY, Mr Antti VUORINEN, Mr Lars HÖGBERG and Mr Sten BJURSTRÖM are hereby appointed members of the Scientific and Technical Committee for the remainder of the current term of office, which runs until 31 March 1998.Article 2 Each of these appointments shall take effect on the date on which the Council receives acceptance of that person's appointment.Done at Luxembourg, 6 October 1997.For the CouncilThe PresidentJ. POOS(1) OJ L 1, 1. 1. 1995, p. 5.(2) OJ C 48, 13. 2. 1994, p. 5.


title: 65/53/EEC: Council Decision of 26 January 1965 on consultation procedure in matters of credit insurance, credit guarantees and financial credits

text:
16                                   Official Journal of the European Communities
5.2.65                        OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES                                              255/65
                                                    COUNCIL DECISION
                                                       of 26 January 1965
               on consultation procedure in matters of credit insurance, credit guarantees and financial
                                                               credits
                                                            (65/53/EEC)
THE COUNCIL OF THE EUROPEAN ECONOMIC                                   HAS DECIDED AS FOLLOWS :
COMMUNITY,
                                                                                Article 1
Having regard to the Treaty establishing the Euro
pean Economic Community;
                                                                       For the consultation procedure laid down by the
                                                                       Council on 15 May 1962 there shall be substituted
Having regard to the Council Decision1 of 27 Sep                      the provisions of the Annex to this Decision.
tember 1960 setting up a Policy Co-ordination Group
for Credit Insurance, Credit Guarantees and Finan
cial Credits ;
                                                                                Article 2
Having regard to the Council Decision2 of 15 May
1962 laying down a procedure for consultation                          This Decision shall enter into force on the day of its
within the Policy Co-ordination Group for Credit                       publication in the Official Journal of the European
Insurance, Credit Guarantees and Financial Credits ;                   Communities .
Having consulted the Commission ;
                                                                       Done at Brussels, 26 January 1965 .
Whereas the operation of the Council Decision of 15
May 1962 has shown that certain amendments should
be made to the consultation procedure ;
                                                                                For the Council
                                                                                The President
 1 OJ No 66, 27.10.1960, p. 1339/60.
2 OJ No 52, 30.6.1962, p. 1561/62.                                                                 M. COUVE DE MURVILLE
                                                               ANNEX
                   CONSULTATION PROCEDURE IN MATTERS OF CREDIT INSURANCE, CREDIT
                                         GUARANTEES AND FINANCIAL CREDITS
                                                          Section I : Scope
               1 . The granting of export guarantees or credits by the State or by any State body shall be subject
               to the procedure set out hereinafter in all cases where :
               — such granting is linked directly or indirectly to the export of products of the State concerned;
                   and
 ---pagebreak---                          Official Journal of the European Communities                                    17
— it is proposed to guarantee fully or partially credits having a duration of more than five years
      calculated from the starting-points as defined by the Berne Union, or to grant such credits, or to
      depart from any rule or norm adopted by common accord of the Member States of the Com
      munity.
2. In accordance with the basic rule laid down in paragraph 1 , the present procedure shall apply,
in the manner provided for in Section II, in all cases where the State or any State body proposes :
A. to grant a guarantee, whether direct or indirect, full or partial, in respect of :
     — any supplier credit ;
     — any financial credit other than those referred to in paragraph 3 of this Section ;
    — any line of credit for the supply of products of the State concerned to foreign countries (in
         cluding cases where the nature of the products has been defined only in general terms) or
         any individual transaction entered into on the basis of such line of credit ;
    — any individual transaction entered into on the basis of one of the types of operation set out
         in paragraph 3 of this Section ;
B. to conclude basic agreements concerned solely with the fixing of guarantee limits for supplier
     credits or for financial credits other than those mentioned in paragraph 3 (A) of this Section, or
     to grant a guarantee in respect of any individual transaction entered into on the basis of such
     an agreement.
3 . In accordance with the basic rule laid down in paragraph 1 , the present procedure shall apply
also, in the manner provided for in Section III, in all cases where the State or any State body pro
poses :
A. to grant a financial credit exclusively out of public funds ;
B. to conclude mixed credit agreements, in which public funds are combined with supplier or
    financial credits from private sources.
Section II : Procedure applicable for operations of the types set out in Section I, paragraph 2
1 . Information to be supplied at the time of consultation
A. The Group member initiating consultation shall first supply the following items of information :
     (a) country of destination ;
     (b) subject matter of the transaction with description giving sufficient details of the operation
         to permit an appraisal of its nature and size, together with information concerning the value
         of the transaction compiled by reference to a scale to be drawn up by the Group ;
     (c) credit period requested ;
     (d) terms and conditions on which the authorities of the exporting country propose to grant
         credit ;
     (e) reasons put forward for granting exceptional terms or conditions .
B. The above information shall be sent as soon as possible after the competent authorities have
    commenced their consideration of the credit guarantee in question, so that the members of the
    Group are able to co-ordinate their positions in good time. The exporter or the credit insti
    tution concerned shall be asked to consent to the consultation taking place ; in the event that such
    consent is not given the Member States shall undertake to abide, in that particular case, by the
    practices of the Berne Union or by any rule or norm adopted by common accord of the Member
    States of the Community.
2. Recipients of information
The information required under paragraph 1 of this Section, the comments, if any, submitted by
the other members under the provisions of paragraph 3 (A) and the notification provided for in
 ---pagebreak--- 18                             Official Journal of the European Communities
   paragraph 3 (G) shall be transmitted by telex to the recipients designated by each Member State,
   by the Commission and by the Secretariat of the Councils.
   3 . Submission of comments by Group members; consultative meetings
   A. Any Group member having, received the initial communication provided for in paragraphs 1
          and 2 of this Section may, within seven calender days :
          — request the Group member who communicated the information to provide additional
              details ;
          — make comments or reservations ;
          — request, in the case of an operation which he considers of particular importance, that the
              problems relating thereto be' discussed at a consultative meeting.
   B. Where by the date of expiry of the aforementioned period no comment has been made, the
          Group member who instituted the consultation may assume that the. other members of the
          Group have no objection to the terms and conditions proposed for the operation.
   C. Where comments or requests for additional details are in fact made, the Group member
         who instituted the consultation shall provide the additional information or reply to the com
          ments. This must normally be done within the aforementioned period of seven days.
   D. Where, before expiry of the said period, a majority corresponding to the number of Member
         States consulted minus one expresses an unfavourable opinion on the operation with which
          consultation is concerned, the consulting Member State shall, except in urgent cases, undertake
          to defer its decision on such operation until a consultative discussion can be held.
   E. The procedure for consultative meetings shall be as follows :
          Consultative meetings, which shall take place in a committee of limited size may be held on the
         occasion of any meeting of the Group or of its subgroups. Meetings shall also be convened, if
         any Group member so requests, between meetings of the Group or of its subgroups, at the seat
         of the Secretariat of the Councils.
         Group members shall communicate to the recipients referred to in paragraph 2 of this section,
         if possible four calendar days before the consultative meeting, lists of the matters which they
         intend to submit for discussion.            '                                     (
   F. Without prejudice to the seven-day time limit provided for in A and C or to the undertaking
         required under D, the Group member who instituted a consultation in respect of which dis
         cussion at a consultative meeting was requested shall nevertheless be entitled, as an exceptional
         measure, to take an immediate decision on the operation proposed, should he consider that
         such a decision can no longer be delayed.
   G. In all cases, the final decision taken in respect of each operation shall be made known to the
         other members of the Group ; where any unfavourable opinions expressed by the Member
         States consulted were not followed, the notification of such decision shall be accompanied by a
         statement of the reasons for which the consulting Member State found itself unable to take
         account of those opinions.
   Section III : Procedure applicable for operations of the types set out in Section I, paragraph 3
   1 . Prior information
   A. A Member State proposing to grant a financial credit exclusively out of public funds or to con
         clude a mixed credit agreement shall inform the other Member States and the Commission
         thereof in advance, such information to include in particular the following items :
         (a) third country concerned ;
       . (b) description giving the basic terms and conditions of the financial credit or mixed credit
              agreement which it is proposed to grant or conclude ;
         (c) general context of operation.
 ---pagebreak---                         Official Journal of the European Communities                                      19
B. This information' shall be sent as soon as possible after the competent authorities have com
    menced their consideration of the proposed financial credit or mixed credit agreement.
    The information shall be transmitted by telex to the Secretariat of the Councils by the office of
    the permanent representative of the Member State concerned ; the Secretariat of the Council
    shall forthwith forward such information, also by telex, to the permanent representatives of the
    other Member States and to the Commission.
2 . Consultation
A. Any Member State or the Commission may, within seven calendar days of receipt of the infor
    mation required under paragraph 1 of this Section, request oral consultation.
B. The transmission of such requests shall be effected as provided in paragraph 1 (B) of this
    Section .
    Where oral consultation is requested, it shall take place within the Committee of permanent
    representatives, and at the first meeting of the Committee held after a lapse of four calendar
    days from thejlodging of such a request.
3 . Exceptional cases
A. Where, in exceptional cases, the granting of a financial credit exclusively out of public funds
    or the conclusion of a mixed credit agreement is so urgent that it is impossible to apply the pro
    cedure laid down in paragraph 1 of this Section, the Member State concerned shall give notifi
    cation after the event.
    Such notification shall be given immediately after the granting of the credit or the conclusion
    of the mixed credit agreement and may be followed by oral consultation, the procedure for
    which shall be similar to that laid down in paragraph 2 of this Section.
B. Where, following the communication of prior information required under paragraph 1 of this
    Section, a request for oral consultation is made in accordance with the provisions of paragraph
    2, such request for consultation shall not oblige the Member State which supplied the infor
    mation to defer its decision if it considers that in this exceptional instance the decision cannot be
    delayed.
4. Notification of final decisions
The final decision in respect of the granting of any financial credit exclusively out of public funds
within the meaning of this Section or the conclusion of any mixed credit agreement within the
meaning of this Section shall be communicated by the Member State concerned, if such notification
has not already been given in the exceptional case provided for in paragraph 3 (A).
The communication of this information and its transmission to the other Member States and to the
Commission shall be effected as provided in paragraph 1 (B) of this Section.


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41981D0206

81/206/Euratom, ECSC, EEC: Decision of the representatives of the Governments of the Member States of the European Communities, of 30 March 1981 appointing a Judge to the Court of Justice

Official Journal L 100 , 11/04/1981 P. 0018 - 0018

****    CONFERENCE OF THE REPRESENTATIVES OF THE   GOVERNMENTS OF THE MEMBER STATES   DECISION   OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES   OF 30 MARCH 1981   APPOINTING A JUDGE TO THE COURT OF JUSTICE  ( 81/206/EURATOM , ECSC , EEC )   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , AND IN PARTICULAR ARTICLES 32 AND 32B THEREOF ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 165 AND 167 THEREOF ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY , AND IN PARTICULAR ARTICLES 137 AND 139 THEREOF ,   HAVE DECIDED AS FOLLOWS :   SOLE ARTICLE   MR FERNARD GREVISSE IS HEREBY APPOINTED JUDGE TO THE COURT OF JUSTICE FOR THE PERIOD 1 APRIL 1981 TO 6 OCTOBER 1982 .   DONE AT BRUSSELS , 30 MARCH 1981 .   THE PRESIDENT   G . BRAKS


title: Council Decision of 4 June 1973 concluding an agreement between the European Economic Community and the Republic of the Niger on the supply of food aid in the form of maize

text:
No L 310/28                      Official Journal of the European Communities                           10 . 11 . 73
                                             COUNCIL DECISION
                                                  of 4 June 1973
            concluding an agreement between the European Economic Community and the
                 Republic of the Niger on the supply of food aid in the form of maize
                                                   (73/336/EEC)
THE COUNCIL OF THE EUROPEAN                                 HAS DECIDED AS FOLLOWS :
COMMUNITIES,
                                                                                Article 1
Having regard to the Treaty establishing the European
                                                            On behalf of the Community an Agreement is hereby
Economic Community, and in particular Articles 113,
114 and 228 thereof ;
                                                            concluded between the European Economic Commu
                                                            nity and the Republic of the Niger on the supply of
Having regard to the Recommendation from the                food aid in the form of maize, the text of which agree
Commission ;                                                ment is annexed hereto .
Whereas the European Economic Community has                                        Article 2
deposited a declaration of provisional application of
the Food Aid Convention of 1971 ; and whereas that          The President of the Council is hereby authorized to
Convention has been applicable since 1 July 1971 ;          designate the persons empowered to sign the Agree
                                                            ment, and to confer on them the powers necessary to
Whereas by letter of 20 November 1972 the Republic          bind the Community.
of the Niger submitted a request for emergency food
aid ;
                                                            Done at Luxembourg, 4 June 1973 .
Whereas the adverse climatic conditions experienced
by the Republic of the Niger have appreciably
                                                                                For the Council
reduced its grain supplies ; and whereas that country
should therefore be granted a gift of 7 000 metric tons                                  The President
of maize under the Community Food Aid Programme
for the year 1971 /72,                                                                R. VAN ELSLANDE


Parliament's Rules of Procedure


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31990D0447

90/447/Euratom: Commission Decision of 30 July 1990 concerning the conclusion of a cooperation agreement between the European Atomic Energy Community and the Kingdom of Sweden on research and training in the field of radiation protection

Official Journal L 228 , 22/08/1990 P. 0035

*****COMMISSION  DECISION  of 30 July 1990  concerning the conclusion of a cooperation agreement between the European Atomic Energy Community and the Kingdom of Sweden on research and training in the field of radiation protection  (90/447/Euratom)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the third paragraph of Article 101 thereof,  Whereas the framework agreement for scientific and technical cooperation between the European Communities and the Kingdom of Sweden (1) was signed on 13 January 1986;  Whereas by Decision 89/416/Euratom (2), the Council adopted a specific research and training programme for the European Atomic Energy Community in the field of Radiation Protection (1990 to 1991),  HAS DECIDED AS FOLLOWS:  Article 1  The cooperation agreement between the European Atomic Energy Community and the Kingdom of Sweden on research and training in the field of radiation protection is hereby approved on behalf of the European Atomic Energy Community.  The text of the agreement is appended to this Decision.  Article 2  The President of the Commission is empowered to designate the person authorised to sign the cooperation agreement for the purpose of committing the European Atomic Energy Community.  Done at Brussels, 30 July 1990.  For the Commission  The President  Jacques DELORS  (1) OJ No L 313, 22. 11. 1985, p. 1.  (2) OJ No L 200, 13. 7. 1989, p. 50.


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31990D0154

90/154/EEC: Commission Decision of 26 March 1990 terminating the anti-dumping proceeding concerning imports of ammonium paratungstate originating in the People's Republic of China and the Republic of Korea

Official Journal L 083 , 30/03/1990 P. 0117 - 0123

*****COMMISSION  DECISION  of 26 March 1990  terminating the anti-dumping proceeding concerning imports of ammonium paratungstate originating in the People's Republic of China and the Republic of Korea  (90/154/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 9 thereof,  After consultation with the Advisory Committee as provided for in Regulation (EEC) No 2423/88,  Whereas:  A. PROCEDURE  (1) In July 1988 the Commission received a written complaint lodged by the EEC Liaison Committee for the Non-Ferrous Metal Industries on behalf of producers representing most of the Community production of ammonium paratungstate.  The complaint contained evidence of dumping and consequent injury which was judged sufficient to justify the initiation of a proceeding.  In a notice published in the Official Journal of the European Communities (2) the Commission accordingly announced the initiation of an anti-dumping proceeding concerning imports into the Community of ammonium paratungstate falling within CN code 2841 80 00 originating in the People's Republic of China or the Republic of Korea.  (2) The Commission officially advised the exporters and importers known to be concerned, the representatives of the exporting countries and the complainants.  It called on the parties concerned to reply to the questionnaires sent to them, and gave them the opportunity to make their views known in writing and request a hearing.  (3) All the Community producers on whose behalf the complaint was lodged replied to the questionnaires, made their views known in writing and requested and were granted hearings by the Commission.  (4) None of the three main Chinese export bodies, their 33 regional offices nor any of the eight Chinese producers to which the Commission sent questionnaires returned them completed, even partially. However, the China Chamber of Commerce of Metals, Minerals and Chemicals Importers and Exporters, hereinafter referred to as 'the China Chamber of Commerce', brought itself to the attention of the Commission and informed it that it intended to reply to the questionnaires on behalf of all the Chinese exporters and producers referred to above. On two occasions the China Chamber of Commerce requested and obtained from the Commission an extension of deadline to prepare a reply to the questionnaires. However, in lieu of a specific reply to the questionnaires all that was received by the Commission was a general position paper.  The China Chamber of Commerce also requested and was granted a hearing, at which it put forward both general arguments and arguments relating to specific data, the most recent of which were for 1987, and provided the Commission with written evidence in support of its arguments.  None of the nine companies listed in the complaint as importers of ammonium paratungstate originating in China replied to the questionnaires sent out by the Commission. However, an importer not mentioned in the complaint (Ceratungsten Sarl, Differdange, Luxembourg) made itself known to the Commission and sent a complete reply within the time limit allowed.  Ceratungsten also requested and was granted a hearing at which it made known its point of view.  (5) The Korean producer and exporter Korea Tungsten Mining Co. Ltd (KTMC), of Seoul and Taegu, replied in full to the Commission's questionnaires on its own behalf and that of its sales offices in the Community.  KTMC also requested and was granted a hearing, and made known its views in writing, particularly on the question of its responsibility for the injury alleged by the complainants.  (6) The Commission sought and verified all the information it deemed necessary for the purposes of making a preliminary determination of dumping and consequent injury. To these ends it carried out inspections at the premises of:  (a) Community producers:  - Hermann C. Stark Berlin GmbH & Co. KG, Duesseldorf and Goslar, Germany,  - Murex Ltd, Rainham, United Kingdom,  - Eurotungstène Poudres SA, Grenoble, France;  (b) Korean producer/exporter:  - Korea Tungsten Mining Co. Ltd (KTMC), Seoul and Taegu;  (c) Community importers:  - Ceratungsten Sarl, Differdange, Luxembourg.  The Commission also carried out inspections at the premises of two of the complainant producers, which had either ceased or reduced their production of ammonium paratungstate and had been importing it during the period of the anti-dumping investigation.  It also sought information from the producer in the reference country suggested by the complainant, Wolfram Bergbau- und Huettengesellschaft mbH, Vienna, Austria.  (7) The dumping investigation covered the period 1 January to 30 September 1988.  This proceeding overran the one-year period laid down in Article 7 (9) (a) of Regulation (EEC) No 2423/88 because of the duration of Advisory Committee consultations.  B. THE PRODUCT - COMMUNITY INDUSTRY; COMPLAINANT BUSINESSES  (8) Ammonium paratungstate (APT) is a compound of nitrogen and tungsten produced at the final stage of the chemical processing of tungsten ore. It is an intermediate product used to obtain other products in the tungsten chain. At present, some 90 % of the tungsten processed by chemical means around the world passes through the APT stage.  (9) The product falls within CN code 2841 80 00, as indicated in the notice of initiation referred to above. However, since this code covers all tungstates, of which APT is only one example, the Commission found that it should be considered as falling within CN code ex 2841 80 00. This alteration did not affect the proceeding, since according to the information obtained by the Commission trade flows of the other tungstates could be regarded as statistically negligible.  According to the information gathered by the Commission, the product exported by the People's Republic of China and the Republic of Korea and that manufactured by the Community industry may be considered to be like products within the meaning of Article 2 (12) of Regulation (EEC) No 2423/88.  (10) After the complaint was lodged, and while the preliminary investigations were already under way, one of the complainant Community producers informed the Commission that, having closed its APT shop in July 1987, it no longer wished to be considered a complainant, although it was prepared to be used as a 'reference' for the injury.  The Commission noted this request and took account in the rest of the proceeding of the cessation of activity of that producer. (11) It was noted during the investigation that the producer referred to in recital 10 and another Community producer had imported APT originating in China during the reference period. The Commission examined the impact of these imports in relation to the provisions of Article 4 (5) of Regulation (EEC) No 2423/88.  The Commission considered that the producer referred to in recital 10, having closed down its APT shop and become entirely dependent on external purchases, was excluded de facto from the Community industry as defined in Article 4 (5), but that since the undertaking was willing, its particular situation should be regarded as part of the economic context relevant to the assessment of the injury being alleged by the Community industry as a whole.  As regards the other producer, which cut back its production in 1987, the Commission noted that its purchases from China had been accompanied by a proportional drop in the rate of utilization of its production capacity. The Commission therefore considered at this stage that these purchases were not such as to justify the exclusion of this producer from the Community industry.  (12) Two new facts became apparent after the Commission adopted its provisional conclusions and transmitted them to the various parties concerned:  First, the company referred to in recital 10 informed the Commission that it was no longer willing to be used as a 'reference' with regard to the injury; secondly, the producer which had reduced its production and purchased APT from China informed the Commission that it was withdrawing from the complaint.  The Commission noted these decisions, which meant that only one Community business now remained a complainant and itself constituted the 'Community industry' within the meaning of Article 4 (5) of Regulation (EEC) No 2423/88, and that consequently certain data or constituents of the previously alleged injury had to be amended.  (13) The Commission noted that during the reference period the Community producer which maintained its complaint accounted for about 94 % of Community production of APT.  The Commission therefore considered that the Community producer which had maintained its APT production and its support for the complaint constituted the Community industry within the meaning of Article 4 (5) of Regulation (EEC) No 2423/88.  C. NORMAL VALUE  1. Republic of Korea  (14) Since KTMC did not sell any APT on its domestic market during the investigation period, the Commission determined normal value on the basis of the constructed value, calculated by adding together the cost of production and a reasonable margin of profit.  The cost of production was obtained by adding all costs, both fixed and variable, of:  - materials (i.e. the cost of producing the tungsten concentrate or ore which KTMC extracts from its mine at Sang Dong), and  - manufacture in the country of origin.  To these costs were added selling, administrative and other general expenses, calculated, in the absence of data on other producers or exporters in the country of origin, by reference to sales of tungsten metal powder by KTMC on its domestic market during the reference period.  The same reference was used for the profit margin, but it was considered reasonable to restrict this to 10 % in the light of the general profit level of the Korean producer, to take account of the very strong pressure on APT prices on the world market.  In the Commission's view, the Korean market was subject to the same pressure and profits on APT would therefore be below those established for tungsten metal powder sold by KTMC on its domestic market during the investigation period.  2. People's Republic of China  (15) In order to establish that imports from China were being dumped, the Commission had to take account of the fact that China does not have a market economy and thus it based its calculations on the normal value of ammonium paratungstate in a market economy country; to that end, the complainant suggested taking the constructed value calculated on the basis of the cost of production of APT in Austria.  (1) OJ No L 209, 2. 8. 1988, p. 1.  (2) OJ No C 322, 15. 12. 1988, p. 4.  (16) The representatives of the China Chamber of Commerce indicated their opposition to the complainant's suggestion, arguing that Austria's economic structure was different from that of China, but failing to suggest any other reference country.  (17) The Commission proposed a normal value determined on the basis of the production cost of the Korean producer, since:  - the products exported by China and Korea could be considered like products within the meaning of Article 2 (12) of Regulation (EEC) No 2423/88,  - the Austrian producer had not sold any APT on its domestic market during the reference period, which meant that in both Austria and Korea normal value had to be determined on the basis of a constructed value,  - Korea's technical standards for the product were comparable to those of China.  (18) One importer of APT into the Community contested the choice of Korea on the grounds that the Korean tungsten market would have been practically closed to foreign companies during the reference period owing to the high rate of duties and charges applicable to imports.  (19) The Commission verified the two production costs being considered (Austrian and Korean) and found that:  - both the Korean exporter and the Austrian exporter were fully integrated producers, i.e. they owned their own mines and produced all the intermediate products of tungsten,  - the cost of production of APT by the Korean exporter could not be influenced by the fact that the domestic market was protected by import duties and charges. The manufacturing process was efficient, modern and profitable,  - the cost of production in Korea was more suitable for the purposes of determining normal value for China since the two countries' economies were less dissimilar.  (20) The Commission accordingly concluded that it was appropriate and not unreasonable to determine the normal value of the Chinese APT on the basis of the Korean producer's production costs.  D. EXPORT PRICE  1. Republic of Korea  (21) Although carried out with the assistance of its liaison offices in the Community, all KTMC's exports are direct sales to independent importers in the Community. The sole task of the liaison offices is to carry out commercial surveys and to draw up final invoices on KTMC's behalf; they never operate as importers themselves.  The export price was therefore calculated on the basis of the price actually paid or payable for the APT sold for export to the Community, net of all taxes, discounts and rebates actually granted and directly related to the sales under consideration.  To that end the Commission verified all the transactions carried out during the investigation period.  2. People's Republic of China  (22) In the absence of a reply from the Chinese exporters, the export price was determined on the basis of the information available, viz. a reply to the questionnaire received from one importer and information gathered during inspections at the premises of the two Community importers which imported APT from China during the investigation period.  Taken together this information covers over 50 % of the imports in question, spread over the whole of the reference period, and was selected in preference to information on average prices published by Eurostat, which were in fact slightly lower.  E. COMPARISON  1. Republic of Korea  (23) In comparing normal value with export prices the Commission took account, where appropriate, of differences affecting the comparability of prices, such as credit conditions, transport, insurance and handling costs and other ancillary costs.  (24) An appropriate adjustment was made to selling costs to take account of the expense incurred by KTMC on account of its liaison offices in the Community.  (25) All the adjustments made in the case of the Korean exporter were based on statistical data verified during inspection at the premises. 2. People's Republic of China  (26) As regards imports from China, given the lack of cooperation from the Chinese exporters and the inability of the importer which did cooperate to provide information on costs incurred before the goods entered the Community, the necessary adjustments, relating particularly to shipping and insurance, handling and selling costs, were made on the basis of the information on Korea gathered during the investigation.  (27) All comparisons were made at the ex works stage, on a transaction-by-transaction basis in the case of Korea and globally in the case of China (on the basis of the weighted average unit price resulting from the calculations referred to in recital 22).  F. DUMPING MARGINS  (28) The preliminary examination of the facts showed that imports from China and Korea were being dumped, the dumping margin being equal to the difference between the established normal value and the export price to the Community.  (29) On the basis of the cif Community frontier price the weighted average margins were as follows:  - 75,74 % for APT originating in China, and  - 62,16 % for APT originating in Korea exported by KTMC.  G. INJURY  1. Volume and market share  (a) Republic of Korea  (30) In its reply to the questionnaire, KTMC gave figures for the volume of its sales of APT in the Community which were different from those for imports originating in Korea as published by Eurostat, particularly with regard to 1984 and 1985.  In view of possible uncertainty at the time as to how APT should be classified in the statistical nomenclature, and taking into account:  - the fact that there seems to be no doubt that during the period in question (January 1984 to September 1988) KTMC was responsible for all exports of APT from the Republic of Korea to the Community, and  - the evidence relating to its sales of APT in the Community which KTMC provided during the inspection at its premises,  the Commission considered that, for the purposes of this investigation, the figures for KTMC's actual deliveries to the Community between 1984 and 1987 and in the first nine months of 1988 should be used in lieu of the figures published by Eurostat which were cited in the complaint.  (31) On that basis, it appeared that imports of APT originating in Korea, which totalled 336 tonnes in 1987, fell to 157 tonnes during the reference period, i.e. a level below that of 1984, taken on an annual basis.  The Commission considered that the share of the Community market held by the Korean imports should be assessed on the basis of total quantities traded in the Community (i.e. the Community industry's sales plus total imports originating in non-Community countries).  On that basis it appeared that the Korean exporter's market share, which had stood at 20 % in 1984, has now fallen to 4 %.  (b) People's Republic of China  (32) According to the figures published by Eurostat, which are the best available for China, imports from China have risen substantially, from 167 tonnes in 1984 to 819 tonnes in 1987, and 3 402 tonnes during the reference period.  In terms of market share, these imports, which represented 12 % of the total volume of APT traded in 1984, rose to 47 % in 1987 and reached 89 % during the reference period.  However, these figures should be set against the fact that the growth of imports and the corresponding increase in their market share result very largely from the decision by two Community producers to halt or curb production of APT and to obtain supplies from China.  (c) Other third country suppliers  (33) Imports originating in other non-Community countries fell considerably between 1984 and 1988, from 587 tonnes to 178 tonnes, i.e. a fall in market share from 43 to 5 %.  2. Prices  (34) Between 1984 and 1988 the Korean exporter reduced its selling price in the Community by 29 %, while the Chinese exporters, taken as a whole, reduced their prices by over 55 %. (35) To determine the price differential in the Community between APT from China or Korea and that produced by the Community industry, the Commission compared the weighted average selling prices of the imports from China and Korea (at the free-at-Community-frontier duty-paid stage) and the weighted average selling price, excluding transport, of the products sold by the Community producer which maintained its complaint.  Through this comparison the Commission found that the price differentials during the reference period were:  - 41,69 % in the case of the Chinese exporters, and  - 26,37 % in the case of the Korean exporter, KTMC.  3. Other economic factors to be taken into consideration  (a) Production  (36) The Commission found that Community output reached its lowest level in 1987. Production rose during the reference period, exceeding the 1984 level.  (b) Capacity utilization  (37) The capacity of the Community producer which maintained its complaint remained stable between 1984 and 1988. Calculated on the basis of the capacity actually available each year from 1984 to 1987 and during the reference period, the capacity utilization rate of the Community producer concerned fell between 1985 and 1987 and rose during the first nine months of 1988 to a level higher than that reached in 1985.  (c) Sales  (38) Sales on the Community market by the Community producer which maintained its complaint fell considerably. Taking as a basis the index 1984 = 100, sales fell to 73 in 1987 then to 36 during the first nine months of 1988 (figures for this latter period having been adjusted on an annual basis). However, it was not established that this loss was attributable to the dumping of imports.  (d) Market share  (39) The market share of the Community producer which maintained its complaint, calculated in the same way as those of China, Korea and the other non-Community countries, fell from 24 % in 1984 to 2 % during the reference period.  (40) As shown in recital 32, the figures for trends in market share have, however, to be seen in their true light. To a large extent they reflect the decision of two Community producers which initially supported the complaint to obtain their supplies of APT from China.  A further decisive factor is the importance of internal consumption in the production of APT. About 85 % of Community production is consumed in the production chain (transformation into tungstic oxide), leaving only 15 % for sale.  (e) Prices  (41) The Commission established that the prices charged by the Community producer which maintained its complaint fell sharply between 1984 and 1988, owing mainly to the falling cost of raw materials. If average 1984 prices are compared with those of the reference period, the price of APT is found to have fallen by 45 %, at a time when the fall in the price of tungsten ore/concentrate over the same period would automatically have entailed a fall of about 40 % in the price of APT.  (f) Profits  (42) The Commission found that the Community industry's financial results deteriorated between 1985 and 1987 and improved during the reference period.  (g) Employment  (43) Leaving aside the effects of the closing of the APT shop of the Community producer which refused to be used as a 'reference' for the injury, between 1984 and 1988 the workforce was reduced by 10 %. However, owing to certain employment fluctuations during the period, the significance of this figure has not been established, any more than a causal link with the dumping of imports. The Commission therefore considered that this reduction in the workforce should not be considered in assessing the injury.  4. Conclusion  (44) In the light of all the abovementioned economic factors, the Commission reached the conclusion that during the investigation period imports of APT originating in the Republic of Korea and the People's Republic of China, taken individually or together, did not cause material injury to the Community industry as defined subsequent to the new facts set out in recital 12. (45) Since the Community producer which maintained its complaint indicated in its reply to the questionnaire that the clear improvement in its situation during the reference period was due to a temporary increase in its own 'conversion' activity, the Commission examined this claim with particular regard to a possible threat of injury.  The conversion work is carried out on commission under contracts whereby the producer processes a customer's tungsten ore/concentrate to produce APT.  The Commission found that the increase in this activity did indeed account for the stocks of ore/concentrate, generally Chinese, purchased and cleared through customs by certain operators, but that such activity itself was not new and that nothing suggested that it would soon cease.  Moreover, the Commission considers that account should be taken of the level of internal consumption of APT by the Community producer in question, since the direct negative effect of dumping is thereby limited to merely a relatively small proportion of production.  (46) In these circumstances, the Commission considers that a change in the situation whereby Chinese imports would cause injury is neither imminent nor, at this stage, a likely prospect.  H. TERMINATION OF THE PROCEEDING  (47) Accordingly, the anti-dumping proceeding concerning imports of ammonium paratungstate originating in the People's Republic of China or the Republic of Korea should be terminated without protective measures being imposed.  (48) No objections to this conclusion were raised in the Advisory Committee.  (49) The complainant was informed of the facts and principal considerations on the basis of which the Commission intended to terminate the proceeding and did not dispute them in detail, merely voicing its concern in general terms,  HAS DECIDED AS FOLLOWS:  Sole Article  The anti-dumping proceeding concerning imports of ammonium paratungstate originating in the People's Republic of China or the Republic of Korea is hereby terminated.  Done at Brussels, 26 March 1990.  For the Commission  Frans ANDRIESSEN  Vice-President


title: Decision of the Representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council of 7 November 1974 establishing supervision of imports of certain products originating in Sweden

text:
   25 . 11 . 74                         Official Journal of the European Communities                          No L 313 /57
                                                           DECISION
                  OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER
                  STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING
                                                   WITHIN THE COUNCIL
                                                      of 7 November 1974
                        establishing supervision of imports of certain products originating in Sweden
                                                         (74/576/ECSC)
  THE REPRESENTATIVES OF THE GOVERNMENTS                           Goods shall be set off against the indicative ceiling
   OF THE       MEMBER     STATES      OF THE     EUROPEAN         only if the movement certificate has been submitted
   COAL       AND    STEEL      COMMUNITY,         MEETING         before   the  date    on  which    customs  duties  are
  WITHIN THE COUNCIL,
                                                                   reimposed .
  in agreement with the Commission ,                               The reaching of an indicative ceiling shall be
                                                                   determined at Community level on the basis of
                                                                   imports set off against it in the manner defined in the
  HAVE DECIDED AS FOLLOWS :
                                                                   preceding subparagraphs.
                             Article 1
                                                                   The Member States shall periodically inform the
  1.     Imports of products originating in Sweden to              Commission of imports effected in accordance with
                                                                   the above rules .
  which annual indicative ceilings are applied in
  accordance with Articles 1 and 2 of the Protocol of
  the Agreement between the Member States of the                  3.    As soon as the ceilings have been reached, the
  European Coal and Steel Community and the                        Member States may, at the request of one of them or
  European Coal and Steel Community, of the one                   of the Commission, reimpose, until the end of the
  part, and the Kingdom of Sweden, of the other part,             calendar year, each in respect of its own territory,
  shall be subjected to supervision from 1 January                the customs duties applicable to third countries,
  until 31 December 1975 .                                        adjusted, where appropriate, by the percentage laid
                                                                  down in Article 2 (e) of the Protocol of the
 The description of the products referred to in the               Agreement referred to in paragraph 1 .
 preceding subparagraph, their tariff headings and
 statistic numbers and the levels of the indicative
 ceilings are given in Council Regulation (EEC) No                                          Article 2
 2906/74 (*) of 7 November 1974 establishing
 Community supervision of imports of certain                      For the implementation of this Decision the Member
 products originating in Sweden.                                  States shall take all necessary measures in close
                                                                  cooperation with the Commission.
 2.      Amounts shall be set off against the indicative
 ceilings as and when products are submitted to the
 customs authorities under cover of a declaration that
                                                                                Article 3
 they have been made available for consumption and
 accompanied by a movement certificate conforming
 to the rules contained in the Agreement referred to              The Member States shall take all measures required
 in paragraph 1 .                                                 to implement this Decision .
                 Done at Brussels, 7 November 1974.
                                                                                The President
                                                                                A. JARROT
f1 ) See page 28 of this Official Journal .


title: Council Decision of 15 October 1973 concluding the Agreement between the European Economic Community and the People's Republic of Bangladesh on the supply of common wheat as food aid

text:
28 . 1 . 74                      Official Journal of the European Communities                         No L 23/ 13
                                             COUNCIL DECISION
                                               of 15 October 1973
            concluding the Agreement between the European Economic Community and
            the People's Republic of Bangladesh on the supply of common wheat as food
                                                        aid
                                                   (74/21 /EEC)
            THE COUNCIL OF THE EUROPEAN COMMUNITIES,
            Having regard to the Treaty establishing the European Economic Community, and in
            particular Articles 113, 114 and 228 thereof ;
            Having regard to the Recommendation from the Commission ;
            Whereas the European Economic Community has deposited a Declaration for provisional
            application of the 1971 Food Aid Convention ; whereas that Convention has been appli
            cable since 1 July 1971 ;
            Whereas the People's Republic of Bangladesh, by its letter of 8 July 1971 , has requested
            food aid ;
            Whereas in view of the cereals supply situation in Bangladesh that country should be
            accorded, as a gift, 175 000 metric tons of common wheat under the Community Food
            Aid Programme for 1972/73,
            HAS DECIDED AS FOLLOWS :
                                                     Article 1
            The Agreement between the European Economic Community and the People's Republic
            of Bangladesh for the supply of common wheat as food aid, the text of which is annexed
            hereto, is hereby concluded on behalf of the Community.
                                                     Article 2
            The President of the Council is hereby authorized to designate the persons empowered to
            sign the agreement and to confer on them the necessary powers to bind the Community.
            Done at Luxembourg, 15 October 1973 .
                                                                       For the Council
                                                                         The President
                                                                        I. N0RGAARD


title: 86/505/EEC: Council Decision of 8 April 1986 concerning the conclusion of the Agreement between the European Economic Community and Malaysia on trade in textile products

text:
No L 293 / 226                          Official Journal of the European Communities                                              16 . 10 . 86
                                                    COUNCIL DECISION
                                                        of 8 April 1986
                 concerning the conclusion of the Agreement between the European Economic Community and
                                             Malaysia on trade in textile products
                                                        ( 86 / 505 / EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                             Community and Malaysia on trade in textile products is
                                                                      hereby approved on behalf of the Community .
Having regard to the Treaty establishing the European
Economic Community , and in particular Article 113                    The text of the Agreement is attached to this Decision .
thereof,
Having    regard   to   the   recommendation      from    the
                                                                                Article 2
Commission ,
Whereas the Agreement on trade in textile products                    The President of the Council shall give the notification
negotiated between the European Economic Community                    provided for in Article 19 of the Agreement ( 1 ).
and Malaysia should be approved ,
HAS DECIDED AS FOLLOWS :                                              Done at Luxembourg , 8 April 1986 .
                                                                                For the Council
                          Article 1
                                                                                The President
The    Agreement     between    the  European      Economic                                                   G.M.V. van AARDENNE
                                                                       ( 1 ) The date of entry into force of the Agreement will be published in
                                                                             the Official Journal of the European Communities by the
                                                                             General-Secretariat of the Council .


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31993D0716

93/716/EC: Council Decision of 22 November 1993 on the statistical data to be used for the determination of the key for the financial resources of the European Monetary Institute

Official Journal L 332 , 31/12/1993 P. 0012 - 0013 Finnish special edition: Chapter 1 Volume 3 P. 0082  Swedish special edition: Chapter 1 Volume 3 P. 0082

COUNCIL DECISION of 22 November 1993 on the statistical data to be used for the determination of the key for the financial resources of the European Monetary Institute (93/716/EC)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 16.1 and 16.2 of the Protocol on the Statute of the European Monetary Institute annexed thereto,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Committee of Governors,  Having regard to the opinion of the Monetary Committee,  Whereas the European Monetary Institute, hereinafter referred to as 'the EMI', will be established on 1 January 1994;  Whereas the EMI will be endowed with its own resources;  Whereas the size of the resources of the EMI will be determined by the Council of the EMI;  Whereas the resources of the EMI will be provided out of contributions by national central banks in accordance with the key referred to in Article 16.2 of the Protocol on the Statute of the EMI;  Whereas the key for the financial resources of the EMI will be determined before the start of the second stage;  Whereas the statistical data to be used for the determination of the key will be provided by the Commission in accordance with the rules adopted by the Council;  Whereas the rules adopted by the Council in this Decision do not constitute a precedent for other legal acts which the Council could adopt in other areas;  Whereas the nature of and sources for the data to be used and the method of calculation of the key must be defined;  Whereas Council Directive 89/130/EEC, Euratom of 13 February 1989 on the harmonization of the compilation of gross national product at market prices (3) introduces a procedure for the adoption by Member States of data on the gross domestic product at  market prices; whereas the Member States must take all the necessary steps to ensure that that data is transmitted to the Commission,  HAS DECIDED AS FOLLOWS:   Article 1  The statistical data to be used for the determination of the key for the contributions by the national central banks to the financial resources of the EMI shall be provided by the Commission in accordance with the rules laid down in the following  Articles.   Article 2  Population and gross domestic product at market prices, hereinafter referred to as 'GDP mp', shall be defined according to the European System of Integrated Economic Accounts (ESA) in force. GDP mp shall mean GDP mp as defined in Article 2 of Directive  89/130/EEC, Euratom.   Article 3  The data on population shall be taken for the year 1992. The mean of the total population over the course of the year shall be used in accordance with the ESA recommendation.   Article 4  The data on GDP mp shall be taken for each of the years 1987 to 1991. The data on GDP mp for each Member State shall be expressed in the national currency at current prices.   Article 5  The data on population shall be collected by the Commission (Eurostat) from Member States.   Article 6  The data on GDP mp for the years 1988 to 1991 shall result from the application of Directive 89/130/EEC, Euratom. The data for 1987 shall be collected by the Commission (Eurostat) from Member States, which shall make them consistent with the 1988 to  1991 data on GDP mp.   Article 7  1. The share of a Member State in the population of the Community shall be its share in the sum of the population of the Member States, expressed as a percentage.  2. The GDP mp data for each year and each Member State expressed in national currencies shall be converted into figures expressed in ecus. The exchange rate used for this purpose shall be the average of the exchange rates for all working days in a year.  The daily exchange rate shall be the rate calculated by the Commission and published in the 'C' series of the Official Journal of the European Communities.  3. The share of a Member State in GDP mp of the Community shall be its share in the sum of GDP mp of the Member State over five years, expressed as a percentage.   Article 8  The weighting of a national central bank in the key shall be the arithmetic mean of the shares of the Member State concerned in the population and in the GDP mp of the Community.   Article 9  The various steps of calculation shall use sufficient digits to ensure their accuracy. The weighting of national central banks in the key shall be expressed to four decimal places.   Article 10  The data referred to in this Decision shall be communicated by the Commission to the Committee of Governors of the Central Banks of the Member States before 1 January 1994.  Done at Brussels, 22 November 1993.  For the Council The President Ph. MAYSTADT  (1) OJ No C 324, 1. 12. 1993, p. 11; and OJ No C 340, 17. 12. 1993, p. 11.(2) OJ No C 329, 6. 12. 1993.(3) OJ No L 49, 21. 2. 1989, p. 26.


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31995D1125(01)

Council Decision of 16 June 1994 appointing the President of the Office for Harmonization in the Internal Market (trade marks and designs)

Official Journal C 314 , 25/11/1995 P. 0001 - 0001

COUNCIL DECISION of 16 June 1994 appointing the President of the Office for Harmonization in the Internal Market (trade marks and designs) (95/C 314/01)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (1), and in particular Article 120 (1) and (2) thereof,Having regard to the candidatures presented by the Administrative Board of the Office for Harmonization in the Internal Market (trade marks and designs) on 27 May 1994,HAS DECIDED:Single Article Mr Jean-Claude COMBALDIEU, born in Toulouse (France) on 21 September 1935, is hereby appointed President of the Office for Harmonization in the Internal Market (trade marks and designs) for a term of five years.His term of office shall take effect on the date on which he takes up his duties, that date being agreed between the President and the Administrative Board of the Office.Done at Luxembourg, 16 June 1994.For the CouncilThe PresidentA. BALTAS(1) OJ No L 11, 14. 1. 1994, p. 1.


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31982D0772

82/772/EEC: Council Decision of 25 May 1982 appointing a member and an alternate member of the Advisory Committee on Veterinary Training

Official Journal L 323 , 19/11/1982 P. 0029 - 0029

*****COUNCIL  DECISION  of 25 May 1982  appointing a member and an alternate member of the Advisory Committee on Veterinary Training  (82/772/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to Council Decision 78/1028/EEC of 18 December 1978 setting up an Advisory Committee on Veterinary Training (1), and in particular Articles 3 and 4 thereof,  Whereas by its Decision 80/238/EEC (2) the Council appointed Mr H. C. Adler as a member and Mr P. Willeberg as an alternate member in the category of experts from institutions entrusted with the teaching of veterinary sciences for the period ending 17 February 1983;  Whereas on 4 May 1982 the Danish Government nominated Mr P. Willeberg to replace Mr H. C. Adler;  Whereas a seat as an alternate member will fall vacant following the appointment of Mr P. Willeberg;  Whereas on 4 May 1982 the Danish Government nominated Mr M. Hesselholt as a new alternate member,  HAS DECIDED AS FOLLOWS:  Article 1  Mr P. Willeberg is hereby appointed member of the Advisory Committee on Veterinary Training in place of Mr H. C. Adler for the remainder of the latter's term of office, which runs until 17 February 1983.  Article 2  Mr M. Hesselholt is hereby appointed an alternate member of the Advisory Committee on Veterinary Training in place of Mr P. Willeberg for the remainder of the latter's term of office, which runs until 17 February 1983.  Done at Brussels, 25 May 1982.  For the Council  The President  L. TINDEMANS  (1) OJ No L 362, 23. 12. 1978, p. 10.  (2) OJ No L 52, 26. 2. 1980, p. 11.


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31988D0424

88/424/EEC: Commission Decision of 25 July 1988 accepting an undertaking relating to the anti-dumping proceeding concerning certain electronic typewriters assembled or produced in the Community by Sharp Manufacturing (UK) Ltd

Official Journal L 203 , 28/07/1988 P. 0025 - 0026

*****COMMISSION  DECISION  of 25 July 1988  accepting an undertaking relating to the anti-dumping proceeding concerning certain electronic typewriters assembled or produced in the Community by Sharp Manufacturing (UK) Ltd  (88/424/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2176/84 of 23 July 1984 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), as amended by Regulation (EEC) No 1761/87 (2), and in particular Article 13 (10) thereof,  After consultations within the Advisory Committee as provided for under Regulation (EEC) No 2176/84,  Whereas:  A. Procedure  (1) In July 1987, the Commission received a complaint lodged by CETMA, the Committee of European Typewriter Manufacturers, on behalf of French, German and Italian producers of electronic typewriters whose collective output constitutes practically all Community production of the product in question. The complaint contained sufficient evidence that following the opening of the investigation on electronic typewriters originating in Japan (3), a number of companies were assembling electronic typewriters in the Community under the conditions referred to in Article 13 (10) of Regulation (EEC) No 2176/84. After consultation, the Commission accordingly announced, by notice published in the Official Journal of the European Communities (4), the initiation of an investigation, under Article 13 (10) of Regulation (EEC) No 2176/84, concerning electronic typewriters assembled in the Community by the following companies:  - Silver Reed International (Europe) Ltd, Watford, United Kingdom,  - Brother Industries (UK) Ltd, Wrexham, United Kingdom,  - Kyushu Matsushita (UK) Ltd, Newport, United Kingdom,  - Sharp Manufacturing (UK) Ltd, Wrexham, United Kingdom,  - Canon Brétagne SA, Liffré, France,  - TEC Elektronik-Werk GmbH, Braunschweig, Germany.  B. Termination of the investigation and extension of the duty  (2) As a result of this investigation the proceeding was terminated without the extension of the anti-dumping duty with regard to TEC Elektronik GmbH and Brother Industries (UK) Ltd by Commission Decision 88/226/EEC (5).  (3) For all other companies referred to under point 1, and after taking into consideration the circumstances of each case, Council Regulation (EEC) No 1022/88 (1) extended the anti-dumping duty imposed by Council Regulation (EEC) No 1698/85 (2) to certain typewriters assembled in the Community by those companies.  C. Undertakings  (4) In April 1988, Sharp Manufacturing (UK) Ltd (Sharp) offered an undertaking. The Commission verified, at the premises of the company concerned, that the undertaking removed the conditions justifying the extension by Regulation (EEC) No 1022/88 of the anti-dumping duty to typewriters assembled in the Community. In the light of the undertaking offered and of the results of the verification and after consultation, the Commission is satisfied that the changes in the sourcing of parts and materials, the assurances regarding future covering and other aspects of Sharp's assembly or production operations in the Community are sufficient for the undertaking to be accepted.  (5) The Council has therefore appropriately amended Regulation (EEC) No 1022/88 which extended the duty to products assembled or produced in the Community by inter alia Sharp (UK),  HAS DECIDED AS FOLLOWS:  Sole Article  The undertaking offered by Sharp Manufacturing (UK) Ltd in connection with certain electronic typewriters whether or not incorporating calculating mechanisms (corresponding to CN Codes 8469 10 00, ex 8469 21 00 and ex 8469 29 00) introduced into the commerce of the Community after having been assembled in the Community by Sharp Manufacturing (UK) Ltd is hereby accepted.  Done at Brussels, 25 July 1988.  For the Commission  Willy DE CLERCQ  Member of the Commission  (1) OJ No L 201, 30. 7. 1984, p. 1.  (2) OJ No L 167, 26. 6. 1987, p. 9.  (3) OJ No C 83, 24. 3. 1984, p. 4.  (4) OJ No C 235, 1. 9. 1987, p. 2.  (5) OJ No L 101, 20. 4. 1988, p. 26.  (1) OJ No L 101, 20. 4. 1988, p. 4.  (2) OJ No L 163, 22. 6. 1985, p. 1.


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31996D0249

96/249/EC: Decision No 161 of 15 February 1996 concerning the reimbursement by the competent institution of a Member State of the costs incurred during a stay in another Member State by means of the procedure referred to in Article 34 (4) of Regulation (EEC) No 574/72

Official Journal L 083 , 02/04/1996 P. 0019 - 0019

DECISION No 161 of 15 February 1996 concerning the reimbursement by the competent institution of a Member State of the costs incurred during a stay in another Member State by means of the procedure referred to in Article 34 (4) of Regulation (EEC) No 574/72 (96/249/EC) THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS:Having regard to Article 81 (a) of Council Regulation (EEC) No 1408/71, under which it is made responsible for dealing with all administrative questions arising from the provisions of Regulation (EEC) No 1408/71 and Council Regulation (EEC) No 574/72,Having regard to Article 34 (4) of Regulation (EEC) No 574/72,Whereas the task of initiating the procedure referred to in Article 34 (4) of Regulation (EEC) No 574/72 falls to the competent institution;Whereas this procedure constitutes an administrative simplification and promotes rapid reimbursement to the benefit of the insured person;Whereas it is therefore expedient to increase the possibility of having recourse to this procedure and to increase the maximum limit as provided for in Decision No 149 of 26 June 1992, and consequently to replace this Decision;Acting in accordance with Article 80 (3) of Regulation (EEC) No 1408/71,HAS DECIDED AS FOLLOWS:1. The provisions of Article 34 (4) of Regulation (EEC) No 574/72 shall apply only where the total amount of the costs incurred during the temporary stay is less than or equal to the amount fixed by each Member State up to a maximum of ECU 500.2. For the purpose of applying the provisions referred to in point 1, the amount of the costs incurred shall be converted at the rate applicable during the month in which the reimbursement is made.3. This Decision, which replaces Decision No 149 of 26 June 1992, shall enter into force on the first day of the month following its publication in the Official Journal of the European Communities.Chairman of the Administrative CommissionGiuseppe MICCIO


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31981D1053

81/1053/EEC: Council Decision of 29 December 1981 on the conclusion of an Agreement on fisheries between the European Economic Community and the Government of Canada

Official Journal L 379 , 31/12/1981 P. 0053 - 0053 Finnish special edition: Chapter 11 Volume 10 P. 0082  Spanish special edition: Chapter 04 Volume 1 P. 0211  Swedish special edition: Chapter 11 Volume 10 P. 0082  Portuguese special edition Chapter 04 Volume 1 P. 0211

COUNCIL DECISION of 29 December 1981 on the conclusion of an Agreement on fisheries between the European Economic Community and the Government of Canada (81/1053/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,  Having regard to the recommendation from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas it is in the Community's interest to approve the Agreement between the European Economic Community and the Government of Canada concerning fishing by vessels of either Party in the fishery zone of the other Party,  HAS DECIDED AS FOLLOWS:    Article 1 The Agreement on fisheries between the European Economic Community and the Government of Canada 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, on behalf of the Community, give the notification provided for in Article XV of the Agreement (2).     Done at Brussels, 29 December 1981.  For the Council  The President  P. WALKER  (1) Opinion delivered on 18 December 1981 (not yet published in the Official Journal). (2) The date of the entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.          AGREEMENT ON FISHERIES between the European Economic Community and the Government of Canada    THE EUROPEAN ECONOMIC COMMUNITY,  (hereinafter referred to as "the Community") and  THE GOVERNMENT OF CANADA,  RECALLING the close relations between the Community and Canada and, in particular, the Framework Agreement for Commercial and Economic Cooperation between the European Communities and Canada signed in Ottawa on 6 July 1976;  CONSIDERING their common desire to ensure the conservation and rational management of the living resources of the waters adjacent to their coasts and their concern for the welfare of their coastal communities and the living resources of the adjacent waters upon which these communities depend;  NOTING that the Government of Canada has extended its jurisdiction over the living resources of its adjacent waters to a limit of up to 200 nautical miles from its coast and exercises within this limit sovereign rights for the purposes of exploring and exploiting, conserving and managing these resources ; and that the Member States of the Community have agreed that the limits of their fishing zones (hereinafter referred to as the fishery zone of the Community) shall extend up to 200 nautical miles from the coast, fishing within these limits being subject to the common fisheries policy of the Community;  TAKING into account the need to coordinate the management of certain living resources which occur both in waters under the fisheries jurisdiction of Canada and in the fishery zone of the Community;  TAKING into account the work of the Third United Nations Conference on the Law of the Sea and State practice conforming thereto;  AFFIRMING that the exercise of sovereign rights by coastal States within their areas of jurisdiction over the living resources for the purpose of exploring, exploiting, conserving and managing these resources should be conducted in accordance with the principles of international law;  TAKING into account the interest of each Party in developing fisheries in the fishery zone of the other Party;  DESIROUS of establishing the terms and conditions pertaining to fisheries of mutual concern,  HAVE AGREED AS FOLLOWS:    Article I The two Parties shall cooperate closely in matters pertaining to the conservation and utilization of the living resources of the sea. They shall take appropriate measures to facilitate such cooperation and shall consult and cooperate in international negotiations and organizations with a view to achieving common fisheries objectives.   Article II 1.  (a) The Government of Canada undertakes to grant access to vessels flying the flag of Member States of the Community to fish within the area off the east coast of Canada, brought under Canadian fisheries jurisdiction after 31 December 1976, for allotments, as appropriate, of parts of total allowable catches  surplus to Canadian harvesting capacity, in accordance with the provisions of this Article.   (b) The Community undertakes to grant access to Canadian vessels to fish within the fishery zone of the Community for allotments, as appropriate, of parts of total allowable catches surplus to Community harvesting capacity, in accordance with the provisions of this Article.  2. Each Party shall determine annually for the waters under its fisheries jurisdiction referred to in paragraph 1, subject to adjustment when necessary to meet unforeseen circumstances:    (a) the total allowable catch for individual stocks or complexes of stocks taking into account the scientific evidence available to it, the interdependence of stocks, the work of appropriate international organizations and other relevant factors;       (b) its harvesting capacity in respect of such stocks ; and       (c) after appropriate consultations, allotments, as appropriate, for fishing vessels of the other Party of parts of surpluses of stocks or complexes of stocks and the areas within which these allotments may be fished.         3. In determining the allotments and areas where fishing may take place, each Party will take into account inter alia:    - its interests,       - the amount of the surplus of total allowable catches of relevant stocks,       - traditional fishing by vessels of the other Party,       - reciprocity of access,       - other benefits which may be offered pursuant to the cooperation referred to in Article VIII.          Article III 1. Each Party shall take all appropriate measures to oblige its vessels to operate in compliance with the provisions of this Agreement and with any measures agreed upon from time to time pursuant to the provisions of this Agreement.  2. Each Party may take within its area of fisheries jurisdiction such measures, in conformity with international law, as may be necessary to ensure compliance with the provisions of this Agreement by vessels of the other Party.  3. Each Party shall take, within its area of fisheries jurisdiction, the necessary measures to give effect to the provisions of this Agreement, which may include the issuing of licences.  4. Fishing vessels of one Party shall, when fishing within the area of fisheries jurisdiction of the other Party, comply with all laws governing fishing activities in that area.  5. Each Party may establish measures which it deems to be required for the conservation, rational management, and regulation of fisheries within its fishery zone, provided that such measures are not taken for the specific purpose of impeding the fishing vessels of the other Party from taking the allocations granted under this Agreement.   Article IV The two Parties shall cooperate, either bilaterally or through appropriate international organizations, to ensure the proper management and conservation of stocks occurring within the fishery zones of both Parties and stocks of associated species.  In particular, they shall endeavour to harmonize the regulatory measures applicable to these stocks, and shall consult frequently and exchange relevant fisheries statistics for this purpose.   Article V Each Party shall cooperate with the other Party, as appropriate, in light of the development of their fisheries relations pursuant to the provisions of Article II, in scientific research required for the purposes of management, conservation and utilization of the living resources in the area under the fisheries jurisdiction of that other Party. For these purposes, scientists of the two Parties shall consult regarding such research and the analysis and interpretation of the results obtained.    Article VI 1. Each Party shall, subject to the availability of facilities and to the needs of its own vessels, allow vessels which it has licensed pursuant to this Agreement to enter its ports in accordance with applicable laws, regulations and administrative requirements, for the purpose of purchasing bait, supplies or outfits or effecting repairs, or for such other purposes as that Party may determine.  2. Such authorization shall become null and void in respect of any vessel licensed pursuant to this Agreement upon the cancellation or termination of its licence, except for the purpose of entering port to purchase supplies or effect repairs necessary for its outward voyage.  3. The provisions of this Article shall not affect access to the ports of either Party in cases of distress, medical emergency or force majeure.   Article VII 1. The two Parties reaffirm their attachment to the cooperation provided for in the Convention on Future Multilateral Cooperation in the North-West Atlantic Fisheries, to which they are Contracting Parties and, in particular, in Article XI, paragraph 4, thereof.  2. In the event that third-party fishing causes a threat to the conservation of the living resources of the waters beyond and adjacent to the areas referred to in Article II, the two Parties agree to take cooperative action to overcome that threat.   Article VIII 1. The two Parties shall encourage economic and commercial cooperation in the field of fisheries.  2. To this end, the two Parties shall, in particular, utilize the possibilities offered by the 1976 Framework Agreement for commercial and economic cooperation between Canada and the European Communities in the fisheries sector with a view to improving in a reciprocal manner the conditions and terms of their fisheries relations.   Article IX The two Parties shall carry out periodic bilateral consultations regarding the development of further cooperation in relation to fisheries, including cooperation on such matters as fisheries trade, exchanges of technical information and specialized personnel, improvement of utilization and processing of catches, and arrangements for the use of the ports of each Party by fishing vessels of the other Party to ship or discharge crew members or other persons and for such other purposes as may be agreed upon.   Article X 1. The two Parties shall consult periodically on questions relating to the application of this Agreement.  2. In the event of a dispute concerning the interpretation or application of this Agreement, such dispute shall be the subject of consultations between the two Parties.   Article XI This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of Canada.   Article XII 1. Nothing in this Agreement shall prejudice any multilateral convention to which Canada and the Community, or Canada and any Member State of the Community, are parties, or the views of either Party with respect to any question relating to the Law of the Sea.  2. This Agreement is without prejudice to the delimitation of economic zones or fishery zones between Canada and Member States of the Community.    Article XIII This Agreement is without prejudice to any existing Bilateral Agreement between a Member State of the Community and Canada relating to fisheries.   Article XIV The Annex to this Agreement shall form an integral part thereof.   Article XV This Agreement shall enter into force on the date on which the Parties notify each other of the completion of the procedures necessary for this purpose.   Article XVI This Agreement may be terminated by either Party on 31 December 1987 or at any time thereafter, provided that notice of termination is given not less than 12 months in advance of such termination.      In witness whereof, the undersigned, being duly authorized for this purpose, have signed this Agreement. Done at ..., on ..., in duplicate in the Danish, Dutch, English, French, German, Greek and Italian languages, each of these texts being equally authentic.  For the Council of the European Communities  For the Government of Canada    ANNEX Community declaration concerning Article XI of the Agreement on fisheries between the European Economic Community and the Government of Canada  Pursuant to the wish expressed by the Government of Canada, the Community confirms that it considers Article XI of the Agreement, which incorporates provisions that are traditionally used in agreements concluded between the European Economic Community and third countries, as having no bearing upon the question of the legal status of the economic zone, currently under discussion at the Third Conference of the United Nations on the Law of the Sea.


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41987D0597

87/597/ECSC: Decision of the representatives of the Governments of the Member States, meeting within the Council of 18 December 1987 on the nomenclature and rates of conventional duty for certain products and the general rules for interpreting and applying the said nomenclature and duties

Official Journal L 363 , 23/12/1987 P. 0067 - 0067 Finnish special edition: Chapter 2 Volume 4 P. 0278  Swedish special edition: Chapter 2 Volume 4 P. 0278

*****DECISION  OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL  of 18 December 1987  on the nomenclature and rates of conventional duty for certain products and the general rules for interpreting and applying the said nomenclature and duties  (87/597/ECSC)  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL, HAVE DECIDED AS FOLLOWS:  Article 1  From 1 January 1988, the customs nomenclature common to the Member States and the conventional duties applicable in respect of products coming under the Treaty establishing the European Coal and Steel Community shall be as shown in Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1).  The nomenclature and duties referred to above shall be interpreted and applied as provided in the preliminary provisions of the combined nomenclature (CN), as reproduced in Annex I to that Regulation.  Article 2  Decision 79/35/ECSC (2) is hereby repealed.  Article 3  Member States shall take all the measures required to implement this Decision.  Done at Brussels, 18 December 1987.  The President  N. WILHJELM  (1) OJ No L 256, 7. 9. 1987, p. 1.  (2) OJ No L 10, 16. 1. 1979, p. 13.