Avis juridique important

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31992D0583

92/583/EEC: Council Decision of 14 December 1992 on the conclusion of the Protocol of amendment to the European Convention for the Protection of Animals kept for Farming Purposes

Official Journal L 395 , 31/12/1992 P. 0021 - 0024 Finnish special edition: Chapter 3 Volume 47 P. 0133  Swedish special edition: Chapter 3 Volume 47 P. 0133

COUNCIL DECISION of 14 December 1992 on the conclusion of the Protocol of amendment to the  European Convention for the Protection of Animals kept for Farming Purposes (92/583/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 proposal from the Commission, Having regard to the opinion of the European Parliament (1), Having regard to the opinion of the Economic and Social Committee (2), Whereas by Decision 78/923/EEC (3) the Community approved the European Convention for the  Protection of Animals kept for Farming Purposes, hereinafter referred to as 'the Convention`;  whereas the Community has deposited its instrument of approval; Whereas the Committee of Ministers of the Council of Europe adopted, on 15 November 1991, a  Protocol of amendment to the Convention in order to take account of technical and scientific  developments in livestock farming; Whereas disparities in national laws on the protection of animals kept for farming purposes may  give rise to unequal conditions of competition and may consequently have an indirect effect on the  proper functioning of the common market; Whereas the Convention covers matters which fall within the scope of the common agricultural  policy; Whereas the Community's participation thus contributes to the achievement of its objectives, Whereas the Protocol of amendment should therefore be approved, HAS DECIDED AS FOLLOWS: Article 1The Protocol of amendment to the European Convention for the  Protection of Animals kept for Farming Purposes is hereby approved on behalf of the Community. The text of the Protocol is attached to this Decision. Article 2The President of the Council shall deposit the instrument of approval in accordance  with Article 6 (4) of the Protocol of amendment. Done at Brussels, 14 December 1992. For the CouncilThe PresidentJ. GUMMER(1) OJ N° C 337, 21. 12. 1992. (2) OJ N° C 332, 16. 12. 1992, p. 24. (3) OJ N° L 323, 17. 11. 1978, p. 12.


Avis juridique important

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31979D0486

79/486/EEC: Council Decision of 14 May 1979 applying Decision 78/870/EEC empowering the Commission to contract loans for the purpose of promoting investment within the Community

Official Journal L 125 , 22/05/1979 P. 0016 - 0017 Finnish special edition: Chapter 10 Volume 1 P. 0021  Greek special edition: Chapter 10 Volume 1 P. 0184  Swedish special edition: Chapter 10 Volume 1 P. 0021

COUNCIL DECISION  of 14 May 1979  applying Decision 78/870/EEC empowering the Commission to contract loans for the purpose of promoting investment within the Community  (79/486/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Decision 78/870/EEC of 16 October 1978 empowering the Commission to contract loans for the purpose of promoting investment within the Community (1), and in particular Article 2 thereof,  Having regard to the proposal from the Commission (2),  Having regard to the opinion of the European Parliament (3),  Whereas the Community action aims to realize structural investment projects in line with priority Community objectives in the energy, industry and infrastructure sectors;  Whereas the Community has set itself the objective of stimulating an economic upturn and supporting common policies through Community action aimed at the realization of investment projects which contribute to realizing greater convergence of the economic policies and performances of the Member States, an objective reaffirmed by the European Council in its resolution of 5 December 1978 on the introduction of the European monetary system and related matters;  Whereas investment in the infrastructure and energy sectors is of paramount importance for the economies of the Member States;  Whereas investment in infrastructure greatly influences regional development and employment;  Whereas the Community has set as its energy policy objectives to guarantee less dependence on imported energy and greater security of supplies ; whereas these objectives have been reaffirmed on a number of occasions by the Council and again, recently, by the European Council at its meeting on 6 and 7 July 1978;  Whereas the Community measure will help to cope with the number and size of investment projects to be realized in the infrastructure and energy sectors;  Whereas borrowings of an amount equivalent to a capital sum of 500 million European units of account appear to be acceptable in the present circumstances for a series of loans to finance investment projects in the said priority sectors,  HAS DECIDED AS FOLLOWS:    Article 1 A first tranche of borrowings shall be authorized for an amount not exceeding the equivalent of a capital sum of 500 million European units of account.  (1)OJ No L 298, 25.10.1978, p. 9. (2)OJ No C 88, 4.4.1979, p. 3. (3)OJ No C 127, 21.5.1979, p. 32.    Article 2 The product of these borrowings shall be used for loans to finance investment projects which are realized on Community territory and which are consistent with priority Community objectives in the infrastructure and energy sectors.  For the purposes of this first tranche, infrastructure investment shall cover in particular transport, telecommunications, agricultural improvements, water supply works and environmental protection. Energy investment shall contribute to greater independence, security and diversification of Community energy supplies ; investment shall ensure the development, exploitation, transportation and storage of energy resources ; particular attention shall be paid to energy saving and to the development of alternative energy sources.   Article 3 The Commission shall decide whether or not projects are eligible in accordance with the following guidelines:    - the investment shall be consistent with the Community rules applicable in the relevant sectors,       - the investment shall contribute to resolving the Community's main structural problems and, in particular, to reducing the regional imbalances in the Community and to improving the employment situation.            Done at Brussels, 14 May 1979.  For the Council  The President  R. MONORY


title: Council Decision 2006/866/CFSP of 30 November 2006 extending the mandate of the Head of Mission of the European Union Monitoring Mission (EUMM)

text:
               1.12.2006

               EN

               Official Journal of the European Union

               L 335/47

      COUNCIL DECISION 2006/866/CFSP
   of 30 November 2006
   extending the mandate of the Head of Mission of the European Union Monitoring Mission (EUMM)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 23(2) thereof,
   Having regard to Council Joint Action 2002/921/CFSP of 25 November 2002 extending the mandate of the European Union Monitoring Mission (1), and in particular Article 5(1) thereof,
   Whereas:

               (1)

               On 21 November 2005, the Council adopted Decision 2005/808/CFSP (2) extending the mandate of Ms Maryse DAVIET as Head of Mission of the European Union Monitoring Mission (EUMM). In accordance with this Decision, her mandate expires on 31 December 2006.

               (2)

               On 30 November 2006, the Council adopted Joint Action 2006/867/CFSP extending and amending the mandate of the European Union Monitoring Mission (EUMM) until 31 December 2007.

               (3)

               The mandate of the Head of Mission of the EUMM should therefore also be extended,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The mandate of Ms Maryse DAVIET as Head of Mission of the EUMM is hereby extended until 31 December 2007.
   Article 2
   This Decision shall take effect on the date of its adoption.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 30 November 2006.

            For the Council

            The President

         L. HYSSÄLÄ

      (1)  OJ L 321, 26.11.2002, p. 51. Joint Action as last amended by Joint Action 2005/807/CFSP (OJ L 303, 22.11.2005, p. 61).

      (2)  OJ L 303, 22.11.2005, p. 62.


title: 2012/199/EU: Decision of the President of the European Commission of 29 February 2012 on the function and terms of reference of the hearing officer in certain trade proceedings

text:
               19.4.2012

               EN

               Official Journal of the European Union

               L 107/5

         DECISION OF THE PRESIDENT OF THE EUROPEAN COMMISSION
   of 29 February 2012
   on the function and terms of reference of the hearing officer in certain trade proceedings
   (2012/199/EU)
   THE PRESIDENT OF THE EUROPEAN COMMISSION,
   Having regard to the Treaty on European Union,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Rules of Procedure of the Commission (1), and in particular Article 22 thereof,
   Whereas:

               (1)

               The right to good administration constitutes an established principle of European Union law, which includes the procedural rights of interested parties involved in administrative proceedings, the result of which may affect their interests.

               (2)

               This principle of European Union law is set out in Article 41 of the Charter of Fundamental Rights of the European Union (2). The rights set out in Article 41(1) and (2) of the Charter of a person whose interests are affected by a trade proceeding are also either explicitly set out or should, since they are general principles of law, be applied in Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (3), Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (4), Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports (5), Council Regulation (EC) No 625/2009 of 7 July 2009 on common rules for imports from certain third countries (6), Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community’s rights under international trade rules, in particular those established under the auspices of the World Trade Organisation (7), Council Regulation (EC) No 385/96 of 29 January 1996 on protection against injurious pricing of vessels (8), Regulation (EC) No 868/2004 of the European Parliament and of the Council of 21 April 2004 concerning protection against subsidisation and unfair pricing practices causing injury to Community air carriers in the supply of air services from countries not members of the European Community (9), Council Regulation (EC) No 732/2008 of 22 July 2008 applying a scheme of generalised tariff preferences for the period from 1 January 2009 to 31 December 2011 and amending Regulations (EC) No 552/97, (EC) No 1933/2006 and Commission Regulations (EC) No 1100/2006 and (EC) No 964/2007 (10), Council Regulation (EC) No 1515/2001 of 23 July 2001 on the measures that may be taken by the Community following a report adopted by the WTO Dispute Settlement Body concerning anti-dumping and anti-subsidy matters (11) and in Council Regulation (EC) No 427/2003 of 3 March 2003 on a transitional product-specific safeguard mechanism for imports originating in the People’s Republic of China and amending Regulation (EC) No 519/94 on common rules for imports from certain third countries (12).

               (3)

               Since 1 January 2007, the task to safeguard the effective exercise of the procedural rights of the interested parties and ensure that trade proceedings provided in the regulations listed above are handled impartially, fairly and within a reasonable time has been entrusted to an official of the Directorate-General for Trade experienced in trade defence issues, entitled ‘Hearing Officer’.

               (4)

               In order to strengthen this role and reinforce the transparency and the procedural fairness of the relevant proceedings, it is now appropriate to strengthen this function of hearing officer inside the Commission and to lay down his attributions.

               (5)

               This function should be attributed to an independent person experienced in trade proceedings. The hearing officer should be appointed by the Commission in accordance with the rules laid down in the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union.

               (6)

               In order to ensure the independence of the hearing officer, he should be attached, for administrative purposes, to the member of the Commission responsible for trade policy.

               (7)

               The main attributions of the hearing officer provided for in this decision are to advise the Commissioner responsible for trade policy and the Director-General of Trade DG; to guarantee procedural rights; to allow access to the file; to take a decision on the confidential nature of a document; to review the position of the administration on the extension of deadlines. The hearing officer should seek to ensure that in the preparation of draft Commission legal acts or proposals, due account is taken of all the relevant facts, whether favourable or unfavourable to the parties concerned.

               (8)

               In order to enhance the procedural guarantees for the exercise of the procedural rights of interested parties, it is necessary to determine the types of hearings and to fix the rules for the organisation, conduct and follow-up on hearings with the hearing officer.

               (9)

               The power of the hearing officer to decide on issues concerning access to the file, confidentiality and deadlines should provide the parties involved in a trade proceeding with an additional procedural guarantee without prejudice to the time constraints of the proceeding.

               (10)

               The reports should ensure that the main issues dealt with by the hearing officer and his main recommendations are brought to the attention of the decision-makers and thus provide an additional guarantee for the respect of the rights of parties affected by a trade proceeding. The annual reports should also inform the EU Member States, the European Parliament and the public about the activities of the hearing officer.

               (11)

               When disclosing information on natural persons, particular attention should be paid to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (13).

               (12)

               This Decision should be without prejudice to the general rules granting or excluding access to Commission documents,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Hearing officer
   1.   A specific function of hearing officer in trade proceedings is created inside the Commission.
   2.   The task of the hearing officer is to safeguard the effective exercise of the procedural rights of the interested parties provided for in the regulations listed below (hereinafter the ‘basic Regulations’) and ensure that the trade proceedings under those regulations are handled impartially, fairly and within a reasonable time. Those basic Regulations are the following:

               (a)

               Regulation (EC) No 1225/2009, and notably Articles 5(10 and 11), 6(5, 6, 7 and 8), 8(3, 4 and 9), 18, 19, 20 and 21;

               (b)

               Regulation (EC) No 597/2009, and notably Articles 10(12 and 13), 11(5, 6, 7, 8 and 10), 13(3, 4 and 9), 28, 29, 30 and 31;

               (c)

               Regulation (EC) No 260/2009, and notably Articles 6 and 9;

               (d)

               Regulation (EC) No 625/2009, and notably Articles 5 and 7;

               (e)

               Regulation (EC) No 3286/94, and notably Articles 8 and 9;

               (f)

               Regulation (EC) No 385/96, and notably Articles 5(12 and 13), 6(5, 6, 7 and 8), 12, 13 and 14;

               (g)

               Regulation (EC) No 868/2004, and notably Articles 7 and 8;

               (h)

               Regulation (EC) No 732/2008, and notably Articles 18, 19 and 20;

               (i)

               Regulation (EC) No 1515/2001, and notably Articles 1(2) and 2(2);

               (j)

               Regulation (EC) No 427/2003, and notably Articles 5(5), 6(4, 5 and 6), 17(2 and 3) and 18.

         Article 2
   Definitions
   For the purposes of this Decision the following definitions shall apply:

               (a)

               ‘trade proceeding’ means any investigation or an administrative procedure performed by the Commission services under any of the basic Regulations;

               (b)

               ‘interested party’ means any person whose interests are affected by a trade proceeding, as defined in the applicable basic Regulation;

               (c)

               ‘rights of the interested parties’ means the procedural rights and the right of every person to have its affairs handled impartially, fairly and within a reasonable time in trade proceedings.

         Article 3
   Appointment – Termination of appointment and Deputising
   1.   The hearing officer shall be appointed by the Commission in accordance with the rules laid down in the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union.
   2.   The appointment of the hearing officer shall be published in the Official Journal of the European Union. Any interruption, termination of appointment or transfer of the hearing officer by whatever procedure shall be the subject of a reasoned decision of the Commission. That decision shall be published in the Official Journal of the European Union.
   3.   The hearing officer shall be attached, for administrative purposes, to the member of the Commission responsible for trade policy.
   4.   Where the hearing officer is unable to act, the member of the Commission responsible for trade policy, where possible after consultation with the hearing officer, shall designate another official, who is not involved in the case concerned and has sufficient experience in trade proceedings, to carry out the hearing officer’s duties.
   Article 4
   Principles of intervention of the hearing officer
   1.   In performing his duties, the hearing officer shall act independently. The hearing officer shall not take instructions in fulfilling his tasks.
   2.   In performing his duties, the hearing officer shall take account of the need for effective application of the basic Regulations in accordance with the Union legislation in force and the principles laid down by the Court of Justice of the European Union.
   3.   In the exercise of his function, the hearing officer shall have access without restriction and undue delay to any files pertaining to a trade proceeding at any time of the proceeding.
   4.   The hearing officer shall make decisions as provided for in this Decision and may make recommendations to the Commission services responsible for the investigation on any issue concerning the rights of the interested parties who requested his intervention. The hearing officer shall seek to ensure that in the preparation of draft Commission legal acts or proposals, due account is taken of all the relevant facts, whether favourable or unfavourable to the parties concerned.
   5.   The hearing officer shall be kept informed by the Director responsible or his delegate about the development of the procedure in which the hearing officer has intervened until the adoption of a final legal act by the Commission or the Council, as applicable. The hearing officer shall be informed without delay of any substantial change of the Commission’s position at the definitive stage of the trade proceedings in order to assess any potential impact on the rights of the interested parties.
   6.   The hearing officer shall advise the member of the Commission responsible for trade policy and where appropriate the Director-General concerning the follow-up on his recommendations and, when necessary, on possible remedies.
   7.   The hearing officer shall be consulted by the Director responsible on changes or updates of policy regarding procedural matters and substantive issues having an impact on the rights of interested parties as defined in Article 2 of this Decision. The hearing officer may be consulted on any other issue arising from a trade proceeding.
   8.   The hearing officer may present to the member of the Commission responsible for trade policy, and the Director-General for Trade where necessary, observations and recommendations on any matter arising out of a trade proceeding.
   Article 5
   Conditions of intervention of the hearing officer – Timing – Information
   1.   The hearing officer shall act on request by interested parties, the member of the Commission responsible for trade policy, the Director-General, the Director responsible of a trade proceeding or his delegate, or a Director of other services consulted on a trade proceeding.
   2.   The hearing officer may intervene at any moment of a trade proceeding with due regard to the time constraints of such a proceeding.
   3.   The hearing officer shall be bound by the deadlines applied in trade proceedings in accordance with the basic Regulations.
   4.   Any final legal act or proposal of the Commission shall be accompanied by a note from the hearing officer stating whether he intervened in the proceeding concerned and what was the nature of his intervention.
   Article 6
   Hearings
   1.   The hearing officer may upon request or in the cases and under the conditions set out in the basic Regulations, organise and conduct two types of hearings: hearings between an individual interested party or a group of interested parties with similar interests and the Commission services responsible for the investigation, and hearings among interested parties with different interests.
   2.   A hearing can cover any issue which arises at any moment of a trade proceeding and could affect the rights of the interested parties.
   3.   Natural persons invited to attend a hearing shall either appear in person or be represented by a legal representative. Legal persons invited to attend a hearing shall be represented by a duly authorised agent appointed from among their permanent staff.
   4.   Natural or legal persons invited to attend a hearing organised by the hearing officer may be assisted by a legal adviser or another qualified person outside their permanent staff admitted by the hearing officer.
   5.   This Article is without prejudice to the right to a hearing under the basic Regulations.
   Article 7
   Hearings with an individual interested party or a group of interested parties with similar interests
   1.   The hearing officer may organise and conduct a hearing between an individual interested party or a group of interested parties with similar interests and the Commission services responsible for the investigation and where necessary other services, upon a reasoned request of the interested party or the group of interested parties with similar interests.
   2.   A hearing with a group of interested parties with similar interests on a specific issue may be requested by an individual interested party and shall take place provided that at least another individual interested party with similar interests agrees to participate.
   Article 8
   Hearings among interested parties with different interests
   1.   A hearing among interested parties with different interests may be organised and chaired by the hearing officer to allow opposing views to be presented and rebuttal arguments offered. The period within which such a hearing should be held shall be specified in the Notice of Initiation of the trade proceeding.
   2.   A hearing among interested parties with different interests may be organised in each trade defence proceeding after hearing the Commission services responsible for the investigation.
   3.   A hearing among interested parties with different interests on a specific issue may also be requested by an individual interested party and shall take place provided that at least another individual interested party with different interests agrees to participate.
   4.   The Commission services responsible for the investigation and where necessary other services shall attend the hearing.
   5.   The competent representatives of the Member States may attend any hearing among interested parties with different interests as observers.
   Article 9
   Preparation of hearings
   1.   After hearing the Director responsible or his delegate, the hearing officer shall determine the date, the duration and the place of the hearing. Where a postponement is requested by the interested parties or the Commission services, the hearing officer shall decide whether or not to allow it.
   2.   Where appropriate, the hearing officer may hold a preparatory meeting with the interested parties or with the Commission services responsible for the investigation and other services in order to identify and clarify, as far as possible, any questions of fact or law to be addressed during the hearing. To this effect, the hearing officer may request from the participants in a hearing any information necessary for the preparation of the hearing.
   3.   The hearing officer shall prepare the agenda of each hearing which shall be made available to all participants prior to the hearing.
   4.   The hearing officer may, within a reasonable time after the deadline for the submission of comments on a disclosure and before a hearing among parties, invite the participants to submit questions on the information provided by other interested parties.
   5.   Where appropriate, in view of the need to ensure that the hearing among parties is properly prepared and particularly that questions of fact are clarified as far as possible, the hearing officer may, after hearing the Director responsible or his delegate, supply in advance to the parties invited to the hearing a list of the questions on which he wishes them to make known their views.
   6.   The hearing officer may also ask for prior written notification of the essential contents of the intended statement of the participants in any hearing.
   7.   The Hearing Officer may invite external experts to the hearings. Interested parties and the Commission services may request the hearing officer to admit external experts to hearings. The hearing officer shall decide on such requests. The external experts invited to a hearing shall be required to sign a confidentiality agreement.
   8.   The external experts may be asked to provide any relevant analysis, reports or publications which shall be included in the file and made available to all participants whenever possible prior to the hearing.
   Article 10
   Conduct of hearings
   1.   The hearing officer shall be fully responsible for the conduct of the hearing. The hearing officer shall ensure that the hearing is properly conducted in order to contribute to the fairness of the hearing itself and of any decision taken subsequently.
   2.   Hearings shall not be public. The hearing officer shall decide which persons should be heard on behalf of an interested party and whether the persons concerned should be heard separately or in the presence of other persons invited to attend. In the latter case, regard shall be had to the legitimate interest of the interested parties in the protection of their business secrets and other confidential information.
   3.   The hearing officer may allow the participants to pose and answer questions during the hearing.
   4.   If the hearing officer has admitted external experts, he shall ensure that these experts have the opportunity to present their views and answer to questions of other participants in the hearing.
   5.   Where appropriate after a hearing, in view of the need to ensure the right to be heard, after hearing the Director responsible or his delegate, the hearing officer may afford interested parties the opportunity of submitting further written comments. The hearing officer shall fix a date by which such submissions may be made. Written comments received after that date may not be taken into account.
   Article 11
   Follow-up on hearings
   1.   The hearing officer shall produce a transcript or a meaningful summary of the hearings:

               (a)

               where hearings among interested parties with different interests are organised, a transcript or a meaningful summary shall be made available to all participants in the hearing and shall be included in the file open for consultation by interested parties;

               (b)

               where hearings between an individual interested party or a group of interested parties with similar interests and the Commission services are organised, a transcript or a meaningful summary shall be made available to all participants in the hearing. These participants may submit a reasoned request for confidentiality of certain information contained in the transcript or the summary. The hearing officer shall decide on these requests after hearing the Commission services responsible for the investigation and where necessary other services. The non-confidential version of the transcript or summary of the hearing shall be included in the file for consultation by interested parties.

         2.   The hearing officer may convey recommendations to the Commission services responsible for the investigation in accordance with Article 4(4) of this Decision. The Commission services responsible for the investigation shall inform the hearing officer within a reasonable period of time before the adoption of a final legal act whether and how they have taken these recommendations into account and shall provide the hearing officer with a copy of the draft legal act.
   3.   The hearing officer shall submit regular reports to the member of the Commission responsible for trade policy with a copy to the Director-General on hearings with individual parties or a group of interested parties with similar interests as provided for in Article 18 of this Decision, unless the case requires an immediate recommendation to the member of the Commission responsible for trade policy or the Director-General.
   4.   Any recommendations made to the Commission services responsible for the investigation and the reports and observations to the member of the Commission responsible for trade policy and the Director-General made by the hearing officer shall be considered confidential internal documents.
   5.   If a hearing among parties is organised, the hearing officer shall prepare a written final report on the respect of the rights of the interested parties. This report may be modified by the hearing officer in the light of any amendments to the draft legal act up to the time of a final legal act.
   Article 12
   Access to file
   1.   A party that claims to be an interested party may request the hearing officer to review any refusal of the Commission services responsible for the investigation to provide that party, within a reasonable time, with access to the file open for consultation or to a particular document in the possession of the Commission. The hearing officer shall examine the case and shall make a decision on whether to grant partial or full access or refuse access to the file or the requested document.
   2.   The hearing officer shall set the time limits within which such access shall be provided by the Commission services responsible for the investigation.
   Article 13
   Confidentiality
   1.   The hearing officer shall be bound by the general rules regarding the confidentiality of information submitted by interested parties in administrative proceedings before the Commission.
   2.   The hearing officer may be requested by an interested party or the Commission services responsible for the investigation to make a decision on the confidential nature of a document in the possession of the Commission services responsible for the investigation.
   Article 14
   Non-confidential summaries of confidential information
   1.   An interested party may request the hearing officer to review the assessment of the Commission services responsible for the investigation on whether a non-confidential summary of confidential information submitted in the course of an investigation is in sufficient detail to permit a reasonable understanding of the substance of the information submitted in confidence.
   2.   If the Commission services responsible for the investigation intend to disregard a document or information for which an interested party has refused to provide a meaningful non-confidential summary, the latter may request the hearing officer to decide on the matter.
   3.   The hearing officer shall examine the request. If he considers that the non-confidential summary is not sufficiently detailed, the hearing officer shall give the interested party that provided the summary an opportunity to comment and improve its summary within a reasonable time.
   4.   If the interested party that submitted the confidential information provides a deficient summary, provides justifications that cannot be accepted, or does not act, the hearing officer shall decide whether or not to disregard confidential information for which no meaningful non-confidential summary has been provided in accordance with the relevant provisions of the basic Regulations.
   Article 15
   Access to information confidential by nature, not susceptible to summary information
   At the request of an interested party the hearing officer can examine information that is confidential by nature and not susceptible to summary, to which that party has no access, in order to verify how that information was used by the Commission services responsible for the investigation.
   The hearing officer shall inform the requesting interested party of whether, in his view:

               (a)

               the information withheld from the party is relevant to that party’s defence; and

               (b)

               where relevant, the investigation services have correctly reflected the information in the facts and considerations on which they have based their conclusions.

         Article 16
   Extension of deadlines
   1.   A request for extension of time limits or postponement of the dates for replying to questionnaires, to submitting additional information, for on-the-spot visits, or for comments on disclosures shall first be addressed by any interested party to the Commission services responsible for the investigation. Such a request must be made in due time before the expiry of the original time limit. Where such a request is rejected or where the interested party considers that the extension given is too short, it may submit, before the expiry of the original time limit, a reasoned request to the hearing officer to review the matter. After hearing the Director responsible or his delegate, the hearing officer may extend the time limits or reject the request.
   2.   The Commission services shall not act in the matter referred before the hearing officer has decided.
   3.   The hearing officer shall decide with due regard to the specific circumstances of the request concerned and the time constraints of the proceeding.
   Article 17
   Participation in the meetings of committees
   The hearing officer may attend the committee meetings. Where appropriate, the hearing officer may reply to questions of Member States as far as these questions concern the nature of his intervention in the proceedings.
   Article 18
   Reports of the hearing officer
   1.   At the end of each year, the hearing officer shall prepare an Annual Report. The Annual Report shall contain information on the cases in which the hearing officer intervened, the type of decisions and recommendations he made and any recommendation for improving the trade proceedings. The Report shall be addressed to the member of the Commission responsible for trade policy. The Director-General for Trade and the Directorates concerned shall receive a copy of the Report.
   2.   Summaries of the Annual Report shall be communicated to the Member States and the European Parliament and published on the website of the hearing officer.
   3.   The hearing officer shall prepare regular reports for the member of the Commission responsible for trade policy summarising his activities and the issues which arose during these activities. The report shall outline the main policy issues, the decisions and the recommendations made by the hearing officer and how these recommendations were taken into account by the Commission services responsible for the investigation. A copy of this report shall be addressed to the Director-General for Trade.
   4.   The hearing officer shall report on any hearing among interested parties with different interests and, in the fulfilment of his advisory role, may report to the member of the Commission responsible for trade policy and the Director-General on any other issue arising out of a trade proceeding or otherwise relevant for the effective application of European Union law principles in trade proceedings.
   5.   The final report of the hearing officer in hearings among parties shall be submitted to the member of the Commission responsible for trade policy, the Director-General for Trade and the Director responsible. It shall be communicated to the competent representatives of the Member States and the interested parties.
   Article 19
   Transitional provisions
   This Decision shall apply to proceedings which are ongoing at the time of its entry into force but in which no final disclosure has been made.
   Procedural steps taken before the entry into force of this Decision shall continue to have effect.
   Article 20
   Entry into force
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Brussels, 29 February 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 55, 5.3.2010, p. 60.

      (2)  OJ C 83, 30.3.2010, p. 391.

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

      (4)  OJ L 188, 18.7.2009, p. 93.

      (5)  OJ L 84, 31.3.2009, p. 1.

      (6)  OJ L 185, 17.7.2009, p. 1.

      (7)  OJ L 349, 31.12.1994, p. 71.

      (8)  OJ L 56, 6.3.1996, p. 21.

      (9)  OJ L 162, 30.4.2004, p. 1.

      (10)  OJ L 211, 6.8.2008, p. 1.

      (11)  OJ L 201, 26.7.2001, p. 10.

      (12)  OJ L 65, 8.3.2003, p. 1.

      (13)  OJ L 8, 12.1.2001, p. 1.


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31984D0331

84/331/EEC: Decision of the European Parliament of 10 April 1984 on the granting of a discharge to the Commission of the European Communities in respect of the activities of the second and third European Development Funds in the 1982 financial year

Official Journal L 173 , 30/06/1984 P. 0007 - 0007

+++++( 1 ) OJ NO C 357 , 31 . 12 . 1983 , P . 1 .  DECISION OF THE EUROPEAN PARLIAMENT OF 10 APRIL 1984 ON THE GRANTING OF A DISCHARGE TO THE COMMISSION OF THE EUROPEAN COMMUNITIES IN RESPECT OF THE ACTIVITIES OF THE SECOND AND THIRD EUROPEAN DEVELOPMENT FUNDS IN THE 1982 FINANCIAL YEAR ( 84/331/EEC )  THE EUROPEAN PARLIAMENT ,  HAVING REGARD TO THE REPORT OF THE COURT OF AUDITORS FOR THE FINANCIAL YEAR 1982 ACCOMPANIED BY THE REPLIES OF THE INSTITUTIONS ( 1 ) ( DOC . 1-1270/83 ) ,  HAVING REGARD TO THE BALANCE SHEETS AND THE REVENUE AND EXPENDITURE ACCOUNTS OF THE EUROPEAN DEVELOPMENT FUNDS FOR THE FINANCIAL YEAR 1982 ,  HAVING REGARD TO THE REPORT BY THE COMMITTEE ON BUDGETARY CONTROL AND TO THE OPINION OF THE COMMITTEE ON DEVELOPMENT AND COOPERATION ( DOC . 1-118/84 ) ,  WHEREAS THE TREATY OF 22 JULY 1975 AUTHORIZES THE EUROPEAN PARLIAMENT TO GRANT DISCHARGE IN RESPECT OF THE FINANCIAL ACTIVITIES OF THE COMMUNITY ,  1 . GRANTS THE COMMISSION A DISCHARGE IN RESPECT OF THE IMPLEMENTATION OF THE APPROPRIATIONS ON THE REVENUE AND EXPENDITURE ACCOUNT OF THE SECOND AND THIRD EUROPEAN DEVELOPMENT FUNDS IN THE FINANCIAL YEAR 1982 ;  2 . INSTRUCTS ITS PRESIDENT TO FORWARD THIS DECISION TO THE COMMISSION AND TO THE OTHER INSTITUTIONS AND TO ENSURE THAT IT IS PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  DONE ON 10 APRIL 1984 .  THE SECRETARY-GENERAL  H . - J . OPITZ  THE PRESIDENT  PIETER DANKERT


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32003D0465

2003/465/EC: Council Decision of 16 June 2003 concerning the conclusion of the Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway concerning additional trade preferences in agricultural products undertaken on the basis of Article 19 of the Agreement on the European Economic Area

Official Journal L 156 , 25/06/2003 P. 0048 - 0048

Council Decisionof 16 June 2003concerning the conclusion of the Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway concerning additional trade preferences in agricultural products undertaken on the basis of Article 19 of the Agreement on the European Economic Area(2003/465/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof, in conjunction with the first sentence of Article 300(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) Article 19 of the Agreement on the European Economic Area (EEA) foresees that the Contracting Parties undertake to continue their efforts with a view to achieving progressive liberalisation of agricultural trade between them.(2) The Kingdom of Norway and the European Community held bilateral trade negotiations in agriculture in 2002, on the basis of Article 19 of the Agreement on the European Economic Area, which were concluded satisfactorily on 18 December 2002.(3) The Agreement in question, in the form of an Exchange of Letters, should be approved,HAS DECIDED AS FOLLOWS:Article 1The Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway concerning additional trade preferences in agricultural products undertaken on the basis of Article 19 of the Agreement on the European Economic Area, is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Community.Done at Luxembourg, 16 June 2003.For the CouncilThe PresidentG. Papandreou


title: Council Decision (CFSP) 2015/2274 of 7 December 2015 appointing the European Union Special Representative for the Sahel

text:
               8.12.2015

               EN

               Official Journal of the European Union

               L 322/44

         COUNCIL DECISION (CFSP) 2015/2274
   of 7 December 2015
   appointing the European Union Special Representative for the Sahel
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 33 and Article 31(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 18 March 2013, the Council adopted Decision 2013/133/CFSP (1) appointing Mr Michel Dominique REVEYRAND — DE MENTHON as the European Union Special Representative (EUSR) for the Sahel. The EUSR's mandate expired on 31 October 2015.

               (2)

               A new EUSR for the Sahel should be appointed for the period from 1 November 2015 to 28 February 2017.

               (3)

               The EUSR will implement the EUSR's mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   European Union Special Representative
   1.   Mr Ángel LOSADA FERNÁNDEZ is hereby appointed as the European Union Special Representative for the Sahel until 28 February 2017. The mandate of the EUSR may be terminated earlier, if the Council so decides, on a proposal of the High Representative of the Union for Foreign Affairs and Security Policy (HR).
   2.   For the purposes of the EUSR's mandate, the Sahel is defined as comprising the primary focus of the EU Strategy for Security and Development in the Sahel (the ‘Strategy’) and its Regional Action Plan (the ‘RAP’), namely Burkina Faso, Chad, Mali, Mauritania and Niger. For issues with broader regional implications, the EUSR shall engage with the countries of the Lake Chad Basin and other countries and regional or international entities beyond the Sahel, and also West Africa and the Gulf of Guinea, as appropriate.
   Article 2
   Policy objectives
   1.   The mandate of the EUSR shall be based on the policy objective of the Union in relation to the Sahel to contribute actively to regional and international efforts to achieve lasting peace, security and development in the region. The EUSR shall furthermore aim to enhance the quality, intensity and impact of the Union's comprehensive engagement in the Sahel.
   2.   The EUSR shall contribute to developing and implementing all the Union's efforts in the region, in particular in the political, security and development areas, including the Strategy and its RAP, and to coordinating all relevant instruments for Union actions.
   3.   Priority shall be given to Mali and to its long-term stabilisation and to the regional dimensions of the conflict, in coordination with the EU delegation.
   4.   The Union's policy objectives should aim, through the coordinated and effective use of all its instruments, to promote a return for Mali and its people to a path of peace, reconciliation, security and development.
   5.   Due attention should be paid to the other countries in the region, such as Mauritania, Burkina Faso, Niger and Chad, including the upcoming elections in the last three countries.
   Article 3
   Mandate
   1.   In order to achieve the Union's policy objectives in relation to the Sahel, the mandate of the EUSR shall be to:

               (a)

               actively contribute to the implementation of the Strategy and its RAP and to coordinate and further develop the Union's comprehensive approach to the regional crisis, with a view to enhancing the overall coherence and effectiveness of Union activities in the Sahel;

               (b)

               engage with all relevant stakeholders of the region, governments, regional organisations, in particular G5 Sahel, international organisations, civil society and diasporas, including with the countries of the Maghreb and Lake Chad Basin, with a view to furthering the Union's objectives and contribute to a better understanding of the role of the Union in the Sahel;

               (c)

               represent and promote the interests of the Union in relevant regional and international fora, including participation in the Comité de Suivi of the Mali Peace Agreement, and ensure visibility for Union support to crisis management and conflict prevention, including EUTM Mali, EUCAP Sahel Mali and EUCAP Sahel Niger;

               (d)

               maintain close cooperation with the United Nations (UN), in particular the Special Representative of the Secretary-General for West Africa, the Special Representative of the Secretary-General for Mali, and the Special Envoy of the Secretary General for the Sahel, the African Union (AU), in particular the AU High Representative for Mali and the Sahel, the Economic Community of West African States (ECOWAS), the G5 Sahel, the Lake Chad Basin Commission and other leading national, regional and international stakeholders including other Special Envoys for the Sahel, as well as with the relevant bodies in the Maghreb area;

               (e)

               closely follow the regional and trans-boundary dimensions of the challenges in the Sahel, including terrorism, organised crime, arms smuggling, human trafficking, and smuggling, drug trafficking, refugee and migration flows and related financial flows; in close cooperation with the EU Counter-Terrorism Coordinator, contribute to the further implementation of the EU Counter-Terrorism Strategy;

               (f)

               closely follow the humanitarian, political, security and development consequences of large scale refugee and migration flows and related illicit financial flows across the region; upon request, engage in dialogues on migration with relevant stakeholders and contribute more generally to Union policy on migration and refugees with respect to the region, in line with the Union's political priorities, in order to increase cooperation including on return and readmission; work with countries of the Sahel to follow up action agreed at the Valletta Summit in November 2015;

               (g)

               maintain regular high level political contacts with the countries in the region affected by terrorism and international crime in order to ensure a coherent and comprehensive approach and to ensure the Union's key role in the international efforts to fight terrorism and international crime. This includes the Union's active support to regional capacity-building in the security sector, and ensuring that the root causes of terrorism and international crime in the Sahel are adequately addressed;

               (h)

               closely follow the political, security and development consequences of humanitarian crises in the region;

               (i)

               with regard to Mali, contribute to the stabilisation of the country, in particular a full return to constitutional normalcy and governance throughout the territory and a credible national inclusive dialogue in the overall framework of the Mali peace Agreement. This also includes promoting institution building, security sector reform and long-term peace building and reconciliation and fighting against corruption and impunity in Mali;

               (j)

               contribute to the implementation of the Union's human rights policy in the region in cooperation with the EUSR for Human Rights, including the EU Guidelines on human rights, in particular the EU Guidelines on Children and Armed Conflict, as well as on violence against women and girls and combating all forms of discrimination against them, and the Union's policy on Women, Peace and Security, and promote inclusiveness and gender equality in the state building process, in line with the UN Security Council Resolution 1325 (2000) and subsequent resolutions on Women, Peace and Security, including Resolution 2242 (2015). The contribution will include monitoring and reporting on developments, as well as formulating recommendations in this regard and maintain regular contacts with the relevant authorities in Mali and in the region, the Office of the Prosecutor of the International Criminal Court, the Office of the High Commissioner for Human Rights and the human rights defenders and observers in the region.

               (k)

               follow up and report on compliance with relevant resolutions of the UN Security Council (UNSCRs), in particular UNSCRs 2056 (2012), 2071 (2012), 2085 (2012), 2100 (2013) and 2227 (2015).

         2.   For the purpose of the fulfilment of the mandate, the EUSR shall, inter alia:

               (a)

               advise and report on the formulation of Union positions in regional and international fora, as appropriate, in order to proactively promote and strengthen the Union's comprehensive approach towards the crisis in the Sahel;

               (b)

               maintain an overview of all activities of the Union and cooperate closely with relevant Union delegations.

         Article 4
   Implementation of the mandate
   1.   The EUSR shall be responsible for the implementation of the mandate acting under the authority of the HR.
   2.   The Political and Security Committee (PSC) shall maintain a privileged link with the EUSR and shall be the EUSR's primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the responsibilities of the HR.
   3.   The EUSR shall work in close coordination with the European External Action Service (EEAS) and the relevant departments thereof, in particular with the Sahel Coordinator.
   Article 5
   Financing
   1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 November 2015 to 28 February 2017 shall be EUR 1 770 000.
   2.   The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
   3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.
   Article 6
   Constitution and composition of the team
   1.   Within the limits of the EUSR's mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting the EUSR's team. The team shall include the expertise on specific policy and security issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly informed of the composition of the team.
   2.   Member States, institutions of the Union, and the EEAS may propose the secondment of staff to work with the EUSR. The salary of personnel who are seconded to the EUSR shall be covered by the Member State concerned, the institution of the Union concerned or the EEAS. Experts seconded by Member States to the institutions of the Union or the EEAS may also be posted to the EUSR. International contracted staff shall have the nationality of a Member State.
   3.   All seconded personnel shall remain under the administrative authority of the sending Member State, institution of the Union or the EEAS and shall carry out their duties and act in the interest of the mandate of the EUSR.
   4.   The EUSR staff shall be co-located with the relevant EEAS departments or Union delegations in order to ensure coherence and consistency of their respective activities.
   Article 7
   Privileges and immunities of the EUSR and of the EUSR's staff
   The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of the EUSR's staff shall be agreed with the host countries, as appropriate. Member States and the EEAS shall grant all necessary support to such effect.
   Article 8
   Security of EU classified information
   The EUSR and the members of the EUSR's team shall respect the security principles and minimum standards established by Council Decision 2013/488/EU (2).
   Article 9
   Access to information and logistical support
   1.   Member States, the Commission, the EEAS and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
   2.   The Union delegations and/or Member States, as appropriate, shall provide logistical support in the region.
   Article 10
   Security
   In accordance with the Union's policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in accordance with the EUSR's mandate and the security situation in the area of responsibility, for the security of all personnel under the direct authority of the EUSR, in particular by:

               (a)

               establishing a specific security plan based on guidance from the EEAS, including specific physical, organisational and procedural security measures, governing the management of the secure movement of personnel to, and within, the area of responsibility, as well as the management of security incidents and including a contingency and evacuation plan;

               (b)

               ensuring that all personnel deployed outside the Union are covered by high-risk insurance as required by the conditions in the area of responsibility;

               (c)

               ensuring that all members of the EUSR's team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the area of responsibility, based on the risk ratings assigned to that area by the EEAS;

               (d)

               ensuring that all agreed recommendations made following regular security assessments are implemented and providing the Council, the HR and the Commission with written reports on their implementation and on other security issues within the framework of the progress report and with the mandate implementation report.

         Article 11
   Reporting
   1.   The EUSR shall regularly provide the HR and the PSC with reports. The EUSR shall also report as necessary to Council working parties. Regular reports shall be circulated through the COREU network. The EUSR may provide the Foreign Affairs Council with reports. In accordance with Article 36 of the Treaty, the EUSR may be involved in briefing the European Parliament.
   2.   The EUSR shall report on the best way of pursuing Union initiatives, such as the contribution of the Union to reforms, and including the political aspects of relevant Union development projects, in coordination with Union delegations in the region.
   Article 12
   Coordination with other Union actors
   1.   In the framework of the Strategy, the EUSR shall contribute to the unity, consistency and effectiveness of the Union's political and diplomatic action and shall help ensure that all Union instruments and Member States' actions are engaged consistently, to attain the Union's policy objectives.
   2.   The activities of the EUSR shall be coordinated with those of Union delegations and of the Commission, the EEAS and other services of the Union as well as those of other EUSRs active in the region. The EUSR shall provide Member States' missions and Union delegations in the region with regular briefings.
   3.   In the field, close liaison shall be maintained with the Heads of Union delegations and Member States' Heads of Mission. The EUSR, in close cooperation with relevant Union delegations shall provide local political guidance to the Heads of Mission of EUCAP Sahel Niger and EUCAP Sahel Mali and the Mission Commander of EUTM Mali. The EUSR, the Mission Commander of EUTM Mali and the Civilian Operations Commander of EUCAP Sahel Niger and EUCAP Sahel Mali shall consult each other as required.
   Article 13
   Review
   The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the HR, the Council and the Commission with a progress report by the end of June 2016 and a comprehensive mandate implementation report by the end of November 2016.
   Article 14
   Entry into force
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 1 November 2015.

      Done at Brussels, 7 December 2015.

            For the Council

            The President

         C. CAHEN

      (1)  Council Decision 2013/133/CFSP of 18 March 2013 appointing the European Union Special Representative for the Sahel (OJ L 75, 19.3.2013, p. 29).

      (2)  Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).


title: 2004/566/JHA: Council Decision 2004/566/JHA of 26 July 2004 amending Decision 2000/820/JHA establishing a European Police College (CEPOL)

text:
               27.7.2004

               EN

               Official Journal of the European Union

               L 251/19

      COUNCIL DECISION 2004/566/JHA
   of 26 July 2004
   amending Decision 2000/820/JHA establishing a European Police College (CEPOL)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 30(1)(c) and Article 34(2)(c) thereof,
   Having regard to the initiative of Ireland (1),
   Having regard to the opinion of the European Parliament (2),
   Whereas:

               (1)

               The European Police College (CEPOL) established by Decision 2000/820/JHA (3) presently does not have legal personality.

               (2)

               In the review of activities in the first three-year period the lack of legal personality has been identified as one of the major obstacles to the proper functioning of CEPOL.

               (3)

               It is appropriate that CEPOL be given the legal and contractual capacity available to legal persons.

               (4)

               This amendment is without prejudice to any other future amendments, in particular those that might be considered necessary following the review of activities in the first three-year period,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Decision 2000/820/JHA is hereby amended as follows:

               1.

               the following Article shall be inserted:
               ‘Article 4a
               1.   CEPOL shall have legal personality.
               2.   CEPOL shall enjoy in each Member State the most extensive legal and contractual capacity available to legal persons under that State's law. CEPOL may in particular acquire and dispose of movable or immovable property and be a party to legal proceedings.
               3.   The administrative director referred to in Article 4(2) shall be CEPOL’s legal representative.’;

               2.

               in Article 5(4):

                           (a)

                           point (d) shall be replaced by the following:

                                       ‘(d)

                                       general operating costs of the secretariat, without prejudice to point (f);’

                           (b)

                           point (f) shall be replaced by the following:

                                       ‘(f)

                                       remuneration of members of the secretariat and/or reimbursement, in proportion to Member States' contributions, of the costs incurred by the Member State(s) paying the remuneration of members of the secretariat.’

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

      Done at Brussels, 26 July 2004.

            For the Council

            The President

         B. BOT

      (1)  OJ C 1, 6.1.2004, p. 8.

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

      (3)  OJ L 336, 30.12.2000, p. 1.


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31991D0161

91/161/EEC: Council Decision of 21 March 1991 on the conclusion of the Agreement in the form of an exchange of letters between the European Economic Community and the People's Democratic Republic of Algeria fixing the additional amount to be deducted from the levy on imports into the Community of untreated olive oil, originating in Algeria, for the period 1 November 1987 to 31 December 1991

Official Journal L 080 , 27/03/1991 P. 0040

COUNCIL DECISION  of 21 March 1991  on the conclusion of the Agreement in the form of an Exchange of Letters between the European Economic Community and the People's Democratic Republic of Algeria fixing the additional amount to be deducted from  the levy on imports into the Community of untreated olive oil, originating in Algeria, for the period 1 November 1987 to 31 December 1991  (91/161/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the Cooperation Agreement between the European Economic Community and the People's Democratic Republic of Algeria (1), which entered into force on 1 November 1978, and in particular to Annex B thereof,  Having regard to the recommendation from the Commission,  Whereas it is necessary to approve the Agreement in the form of an Exchange of Letters between the European Economic Community and the People's Democratic Republic of Algeria fixing the additional amount to be deducted from the levy on imports into the  Community of untreated olive oil, falling within CN codes 1509 10 10, 1509 10 90 and 1510 00 10 and originating in Algeria, for the period 1 November 1987 to 31 December 1991,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement in the form of an Exchange of Letters between the European Economic Community and the People's Democratic Republic of Algeria fixing the additional amount to be deducted from the levy on imports into the Community of untreated  olive oil falling within CN codes 1509 10 10, 1509 10 90 and 1510 00 10 and originating in Algeria, for the period 1 November 1987 to 31 December 1991, is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Regulation.  Article 2  The President of the Council is hereby authorized to designate the person empowered to sign the Agreement for the purpose of binding the Community.  Article 3  This Decision shall take effect on the day following its publication in the Official Journal of the European Communities.  Done at Brussels, 21 March 1991.  For the Council  The President  G. WOHLFART  (1) OJ No L 263, 27. 9. 1978, p. 2.


title: DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL of 3 December 1991 extending into 1992 the application of Decisions 90/672/ECSC and 90/673/ECSC applying generalized tariff preferences for 1991 in respect of certain steel products originating in developing countries (91/634/ECSC) #

text:
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41991D0634

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL of 3 December 1991 extending into 1992 the application of Decisions 90/672/ECSC and 90/673/ECSC applying generalized tariff preferences for 1991 in respect of certain steel products originating in developing countries (91/634/ECSC)  -

Official Journal L 341 , 12/12/1991 P. 0030 - 0031

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL  of 3 December 1991  extending into 1992 the application of Decisions 90/672/ECSC and 90/673/ECSC applying  generalized tariff preferences for 1991 in respect of certain steel products originating in developing countries  (91/634/ECSC)THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN  THE COUNCIL,  In agreement with the Commission,  HAVE DECIDED AS FOLLOWS:  Article 1  Decisions 90/672/ECSC (1) and 90/673/ECSC (2) applying generalized tariff preferences for 1991 in respect of certain steel products originating in developing countries shall apply mutatis mutandis from 1 January 1992 until 31 December 1992.  References to specific dates in 1990 or 1991 in the Decisions referred to in the first subparagraph are to be read as referring respectively to 1991 or 1992 as appropriate.  Article 2  The amendments to the Annex to the Decision 90/672/ECSC which are purely of a technical nature, are listed in the Annex to this Decision.  Article 3  This Decision shall enter into force on 1 January 1992. Done at Brussels, 3 December 1991. The President  B. de VRIES   (1) OJ No L 370, 31. 12. 1990, p. 133. (2) OJ No L 370, 31. 12. 1990, p. 151.    ANNEX  Amendments to Annex I to Decision 90/672/ECSC  In Annex I, in column (2) against order No 60.0050:   for:  '7210 70 21  7210 70 29',  read:  '7210 70 31  7210 70 39'.


title: 2014/650/EU: Council Decision of 8 September 2014 appointing a Maltese member of the European Economic and Social Committee

text:
               9.9.2014

               EN

               Official Journal of the European Union

               L 268/8

         COUNCIL DECISION
   of 8 September 2014
   appointing a Maltese member of the European Economic and Social Committee

      (2014/650/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,
   Having regard to the proposal of the Maltese Government,
   Having regard to the opinion of the European Commission,
   Whereas:

               (1)

               On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).

               (2)

               A member's seaton the European Economic and Social Committee has become vacant following the end of the term of office of Mr Michael PARNIS,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mr Charles VELLA is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 8 September 2014.

            For the Council

            The President

         S. GOZI

      (1)  OJ L 251, 25.9.2010, p. 8.


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41982D0867

82/867/ECSC, EEC, Euratom: Decision of the representatives of the Governments of the Member States of the European Communities of 13 December 1982 appointing the President and Vice-Presidents of the Commission of the European Communities

Official Journal L 368 , 28/12/1982 P. 0038 - 0038

*****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 13 December 1982  appointing the President and Vice-Presidents of the Commission of the European Communities  (82/867/ECSC, EEC, Euratom)  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities, and in particular Article 14 thereof,  Having regard to the Decision of the representatives of the Governments of the Member States of the European Communities of 1 January 1981 appointing the members of the Commission of the European Communities (1),  Having consulted the Commission,  HAVE DECIDED AS FOLLOWS:  Sole Article  1. Mr Gaston Thorn is hereby appointed President of the Commission of the European Communities for the period 6 January 1983 to 5 January 1985 inclusive.  2. The following are hereby appointed Vice-Presidents of the Commission of the European Communities for the period 6 January 1983 to 5 January 1985 inclusive:  Vicomte Étienne Davignon, Mr Wilhelm Haferkamp, Mr Lorenzo Natali, Mr François-Xavier Ortoli, Mr Christopher Samuel Tugendhat.  Done at Brussels, 13 December 1982.  The President  U. ELLEMANN-JENSEN  (1) OJ No L 9, 9. 1. 1981, p. 41.


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31983D0316

83/316/EEC, Euratom, ECSC: Decision of the European Parliament of 18 May 1983 granting a discharge to the Commission in respect of the implementation of the budget of the European Communities for the 1981 financial year concerning Sections I - Parliament; II - Council; III - Commission; IV - Court of Justice; V - Court of Auditors

Official Journal L 174 , 30/06/1983 P. 0015 - 0018

+++++( 1 ) OJ NO C 344 , 31 . 12 . 1982 .  ( 2 ) OJ NO L 356 , 31 . 12 . 1977 , P . 1 .  ( 3 ) OJ NO L 336 , 27 . 12 . 1977 , P . 1 .  DECISION OF THE EUROPEAN PARLIAMENT OF 18 MAY 1983 GRANTING A DISCHARGE TO THE COMMISSION IN RESPECT OF THE IMPLEMENTATION OF THE BUDGET OF THE EUROPEAN COMMUNITIES FOR THE 1981 FINANCIAL YEAR CONCERNING SECTIONS I - PARLIAMENT ; II - COUNCIL ; III - COMMISSION ; IV - COURT OF JUSTICE ; V - COURT OF AUDITORS ( 83/316/EEC , EURATOM , ECSC )  THE EUROPEAN PARLIAMENT ,  - HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , AND IN PARTICULAR ARTICLE 78G THEREOF ,  - HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 206B THEREOF ,  - HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY , AND IN PARTICULAR ARTICLE 108B THEREOF ,  - HAVING REGARD TO THE REVENUE AND EXPENDITURE ACCOUNT AND BALANCE SHEET IN RESPECT OF THE BUDGET FOR THE 1981 FINANCIAL YEAR ,  - HAVING REGARD TO THE REPORT OF THE COURT OF AUDITORS ON THE ACCOUNTS FOR THE 1981 FINANCIAL YEAR AND THE REPLIES OF THE INSTITUTIONS TO THE REPORT ( DOC . 1-1098/82 ) ( 1 ) ,  - HAVING REGARD TO THE EXAMINATION OF ALL REVENUE AND EXPENDITURE OF THE COMMUNITY UNDERTAKEN BY THE COURT OF AUDITORS PURSUANT TO ARTICLE 206A ( 1 ) OF THE EEC TREATY ,  - HAVING REGARD TO THE COUNCIL RECOMMENDATION OF 15 MARCH 1983 ON THE GRANTING OF A DISCHARGE TO THE COMMISSION IN RESPECT OF THE IMPLEMENTATION OF THE BUDGET FOR THE 1981 FINANCIAL YEAR ,  - HAVING REGARD TO THE REPORT OF THE COMMITTEE ON BUDGETARY CONTROL , THE ANNEXED WORKING DOCUMENTS ON THE VARIOUS COMMUNITY POLICY SECTORS AND THE OPINIONS OF THE COMMITTEE ON AGRICULTURE , THE COMMITTEE ON ENERGY AND RESEARCH , THE COMMITTEE ON SOCIAL AFFAIRS AND EMPLOYMENT AND THE COMMITTEE ON DEVELOPMENT AND COOPERATION ( DOC . 1-275/83 ) ,  ( ECU ) ( ECU )  1 . NOTES THAT :  A . ESTIMATES OF REVENUE FOR THE 1981 FINANCIAL YEAR TOTALLED : 18 434 030 071  BROKEN DOWN AS FOLLOWS :  OWN RESOURCES : 17 329 851 202  SURPLUS AVAILABLE FROM THE PRECEDING FINANCIAL YEAR : 246 132 415  BALANCE OF VAT OWN RESOURCES AND FINANCIAL CONTRIBUTIONS FOR PRECEDING FINANCIAL YEARS : 546 116 190  OTHER : 311 930 264  B . ESTIMATES OF EXPENDITURE FOR THE 1981 FINANCIAL YEAR TOTALLED : 18 434 030 071  2 . GRANTS A DISCHARGE TO THE COMMISSION IN RESPECT OF THE FOLLOWING AMOUNTS :  A . REVENUE  ( A ) ENTITLEMENTS ESTABLISHED FOR THE 1981 FINANCIAL YEAR : 18 468 644 790,87  ( B ) ENTITLEMENTS COLLECTED AT 31 DECEMBER 1981 : 18 449 136 922,42  BROKEN DOWN AS FOLLOWS :  - AMOUNTS COLLECTED FROM ENTITLEMENTS FOR THE FINANCIAL YEAR : 18 446 989 687,90  MADE UP AS FOLLOWS :  - OWN RESOURCES : 17 327 613 160,69  - SURPLUS AVAILABLE FROM THE PRECEDING FINANCIAL YEAR : 246 132 414,26  - BALANCE OF VAT OWN RESOURCES AND FINANCIAL CONTRIBUTIONS FOR PRECEDING FINANCIAL YEARS : 544 950 534,13  - OTHER : 328 293 578,82  - AMOUNTS COLLECTED FROM ENTITLEMENTS CARRIED FORWARD FROM THE PRECEDING FINANCIAL YEAR : 2 147 234,52  B . APPROPRIATIONS CARRIED FORWARD FROM 1980 TO 1981 TRANSFERRED TO OTHER ITEMS : 2 696 000  C . EXPENDITURE ( PAYMENTS MADE IN RESPECT OF THE 1981 FINANCIAL YEAR ) : 16 712 031 449,41  3 . NOTES  THE SURPLUS FROM THE 1981 FINANCIAL YEAR TO BE CARRIED FORWARD TO THE NEXT FINANCIAL YEAR : 661 494 114,80  REVENUE COLLECTED IN RESPECT OF 1981 : 18 449 136 922,42  SPECIFICALLY ALLOCATED REPAYABLE REVENUE BROUGHT FORWARD FROM 1980 : - 580 448,02  REPAYABLE FINANCIAL CONTRIBUTIONS FOR ADDITIONAL PROGRAMMES IN THE RESEARCH AND INVESTMENT SECTOR : - 179 285,87  APPROPRIATIONS CARRIED FORWARD FROM 1980 TO 1981 TRANSFERRED TO OTHER ITEMS : + 2 696 000,00  18 451 073 188,53  PAYMENTS MADE AGAINST APPROPRIATIONS FOR 1981 : 16 712 031 449,41  APPROPRIATIONS CARRIED FORWARD TO 1982 : + 1 172 800 012,19  APPROPRIATIONS CARRIED FORWARD FROM 1980 AND NOW CANCELLED : - 123 006 238,94  EXCHANGE LOSSES : + 27 753 851,07  EXPENDITURE TO BE FINANCED FROM THE REVENUE FOR THE 1981 FINANCIAL YEAR : 17 789 579 073,73  4 . DRAWS ATTENTION TO ITS RESOLUTION EMBODYING THE COMMENTS ACCOMPANYING THE DECISIONS GRANTING A DISCHARGE AND REQUESTS THE INSTITUTIONS TO REPORT ON THE MEASURES TAKEN FOLLOWING THOSE COMMENTS IN ACCORDANCE WITH ARTICLE 85 OF THE FINANCIAL REGULATION ( 2 ) ;  5 . NOTES THE POSITIVE REACTION OF THE COMMISSION TO SPECIFIC REQUESTS SUBMITTED TO IT IN CONNECTION WITH THE IMPLEMENTATION OF THE BUDGET OF THE EUROPEAN COMMUNITIES , IN PARTICULAR :  WITH RESPECT TO THE IMPLEMENTATION OF THE DECISIONS TAKEN BY PARLIAMENT DURING THE BUDGETARY PROCEDURE :  ( A ) THAT THE COMMISSION WOULD INFORM PARLIAMENT OF THE UTILIZATION OF THE APPROPRIATIONS IT APPROVED BY MEANS OF AMENDMENTS DURING THE COURSE OF THE FINANCIAL YEAR AND , IN PARTICULAR , OF ANY DIFFICULTIES ARISING ON THEIR UTILIZATION AND , WHERE THE COUNCIL FAILS TO ENACT THE APPROPRIATE REGULATIONS , THE APPROPRIATIONS ARE EITHER UTILIZED WITH CORRESPONDING SPECIFIC MEASURES OR IN BUDGET LINES WITH SIMILAR OBJECTIVES ;  WITH RESPECT TO THE ADMINISTRATION OF OWN RESOURCES :  ( B ) THAT THE COMMISSION ADOPT AS A GENERAL POLICY APPROACH THAT FUNDS SAVED DURING THE FINANCIAL YEAR NORMALLY REMAIN IN THE COMMUNITY BUDGET AND ARE CARRIED OVER TO THE NEXT FINANCIAL YEAR AS A SURPLUS AND THAT INTEREST BE LEVIED ON MEMBER STATES WHO ARE LATE IN MAKING PAYMENTS IN ACCORDANCE WITH ARTICLE 11 OF REGULATION ( EEC , EURATOM , ECSC ) NO 2891/77 ( 3 ) ;  WITH RESPECT TO IRREGULARITIES AND FRAUD :  ( C ) THAT THE COMMISSION HAD ACKNOWLEDGED THAT CERTAIN MEASURES HAD BEEN TAKEN AND PROMISED THAT FURTHER MEASURES WOULD BE TAKEN TO FOLLOW UP RAPIDLY AND EFFECTIVELY ANY IRREGULARITIES OR FRAUDS , AND THAT IT WAS ANTICIPATED THAT A SPECIAL MOBILE UNIT WOULD BE SET UP TO THIS END ALONG THE LINES OF THOSE OPERATING IN OTHER AREAS OF COMMUNITY ACTIVITY ;  ( D ) THAT IN ITS RECOMMENDATION OF 15 MARCH 1983 ON THE GRANTING OF THE DISCHARGE TO THE COMMISSION ( DOC . 1-108/83 ) , THE COUNCIL MADE THE FOLLOWING DEMAND :  " THE COUNCIL WAS CONCERNED AT THE INCONSISTENCY IN THE COMMUNICATION OF IRREGULARITIES IN THE VARIOUS MEMBER STATES . IT CONSIDERED THAT IT WAS ESSENTIAL FOR ACTIVITY IN THIS AREA TO BE STEPPED UP AND ASKED THE COMMISSION TO SUBMIT A WRITTEN REPORT DRAWN UP IN COOPERATION WITH THE COMMITTEE RESPONSIBLE FOR EXAMINING IRREGULARITIES . THIS REPORT SHOULD INDICATE THE OBSTACLES TO MORE EXTENSIVE AND SPEEDY DETECTION OF IRREGULARITIES . " ;  WITH RESPECT TO FOOD AID :  ( E ) THAT THE COMMISSION HAD ADOPTED A NEW APPROACH TO SIMPLIFY AND SPEED UP THE PROCEDURE ; PARLIAMENT RESERVED THE RIGHT TO INVESTIGATE THE PRACTICAL EFFECTIVENESS OF ITS ACTION ;  WITH RESPECT TO THE EUROPEAN DEVELOPMENT FUND :  ( F ) THAT THE COMMISSION WOULD SUBMIT A PROPOSAL FOR THE BUDGETIZATION OF THE SIXTH EUROPEAN DEVELOPMENT FUND BEFORE THE OPENING OF THE NEGOTIATIONS ;  WITH RESPECT TO RESEARCH POLICY :  ( G ) THAT THE COMMISSION WAS SIMILARLY CONVINCED THAT A GENUINE RESEARCH POLICY SHOULD BE IMPLEMENTED AND THAT THE COMMUNITY BUDGET WAS THE MOST APPROPRIATE INSTRUMENT FOR SO DOING ; PARLIAMENT CALLED ON THE COMMISSION TO ASSESS THE FINANCIAL IMPLICATIONS OF THE CLOSING DOWN OF THE SUPER-SARA PROJECT ;  6 . INSTRUCTS ITS PRESIDENT TO COMMUNICATE THIS DECISION AND THE ATTACHED COMMENTS TO THE COMMISSION OF THE EUROPEAN COMMUNITIES , TO FORWARD THEM TO THE OTHER INSTITUTIONS AND TO ARRANGE FOR THEIR PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES ( L SERIES ) .  THE SECRETARY GENERAL  H . - J . OPITZ  THE PRESIDENT  P . DANKERT


Avis juridique important

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31997D0798

97/798/EC: Commission Decision of 10 November 1997 terminating the anti-dumping proceeding concerning imports of certain types of electronic microcircuits known as DRAMS (dynamic random access memories) originating in Japan

Official Journal L 324 , 27/11/1997 P. 0038 - 0040

COMMISSION DECISION of 10 November 1997 terminating the anti-dumping proceeding concerning imports of certain types of electronic microcircuits known as DRAMS (dynamic random access memories) originating in Japan (97/798/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1), as amended by Regulation (EC) No 2331/96 (2), and in particular Article 9 (2) thereof,After consulting the Advisory Committee,Whereas:A. PREVIOUS PROCEDURE (1) By Regulation (EEC) No 165/90 (3), the Commission accepted undertakings from all known Japanese DRAM producers which exported this product to the Community. The Council, by Regulation (EEC) No 2112/90 (4), imposed a residual duty on imports of DRAMs originating in Japan in order to bring non-cooperating parties within the scope of the measures against the dumping of DRAMs and to underpin the undertakings.(2) In June 1995, the Commission decided to suspend the above anti-dumping measures for a period of nine months (5). In March 1996 the suspension was extended by the Council for a further period of 12 months (6).B. REVIEW INVESTIGATION (3) In July 1995, the Commission initiated on its own initiative an interim review of the measures concerning imports of DRAMs originating in Japan, (together with a review of the similar measures relating to the Republic of Korea), pursuant to Article 11 (3) of Council Regulation (EC) No 384/96 (hereinafter referred to as the 'basic Regulation`). Since the review with regard to Japan was initiated at the end of the period of application of the measures, the review also covered the circumstances of an expiry review, in accordance with Article 11 (7) of the basic Regulation (7).C. PRODUCT UNDER CONSIDERATION (4) The product concerned by this investigation is dynamic random access memories (DRAMs), whether in processed wafer form or dice form, assembled or further processed onto modules, manufactured using variations of Metal Oxide Semiconductor (MOS) process technology, including CMOS and BiCMOS etc., and including, without limitation, product variations using DRAM technology such as VRAMs, Pseudo SRAMs, S-DRAMs (synchronous DRAMs), MDRAMs (multibank DRAMs), R-DRAMs (RAMBUS-DRAMs), of all densities (including future densities), irrespective of access speed, configuration, frame or package, etc.(5) The product is currently classifiable within the following CN codes: 8542 13 11, 8542 13 13, 8542 13 15, 8542 13 17, 8542 19 01, 8542 19 05 (for finished DRAMs), 8542 13 01 (for DRAM wafers), 8542 13 05 (for DRAM dice or chips), 8548 90 00, 8473 30 10 and 8473 50 10 (for DRAM modules, DRAM boards and DRAM cards).D. DEFINITION OF THE COMMUNITY INDUSTRY (6) The Community industry concerned by this review consists of Motorola Ltd (United Kingdom); Siemens (Germany) and Texas Instruments Italia (Italy). All of them cooperated in this investigation and are members of the European Electronic Component Manufacturers' Association (EECA), which lodged the original complaint.(7) The collective output of the abovementioned Community industry constitutes a major proportion of the total Community production of DRAMs in accordance with Article 4 (1) of the basic Regulation.E. WITHDRAWAL OF SUPPORT FOR THE PROCEEDING (8) In July 1997, the Community industry withdrew its support for the continuation of the existing anti-dumping measures, (both with respect to imports from Japan and from Korea). The complainant considered it appropriate to take this step in view of the envisaged negotiation of voluntary industry-to-industry agreements between the complainant Community industry and the Japanese and Korean associations of DRAM producers, the aim of which is to prevent the future occurrence of injurious dumping and to ensure that, should any anti-dumping investigation be initiated, it may be carried out expeditiously. The Community industry has committed itself to notify the agreements, if any, to the Commission under the competition rules.F. TERMINATION OF THE PROCEEDING (9) In accordance with Article 9 (1) of the basic Regulation, when the Community industry withdraws its support for the continuation of anti-dumping measures, the proceeding must be terminated, unless such termination would not be in the Community interest. The investigation has not brought to light any considerations of Community interest which would support the continuation of the proceeding in these circumstances.(10) In view of the above, the Commission informed the interested parties of its intention to terminate the proceeding following the withdrawal of support. No further arguments were raised concerning the Community interest aspects.(11) However, several Community users of DRAMs have requested that the proceeding be terminated retroactively as from 10 March 1997, i.e. the date on which the anti-dumping duty was reinstated after expiry of the suspension of the measures. As a consequence, anti-dumping duties paid after this date should be reimbursed.(12) The users have argued that, following the reinstatement of the anti-dumping duties in March 1997, they could not always avoid paying anti-dumping duty by purchasing DRAMs through sales channels covered by the undertakings. These parties have further claimed that, due to the reference price system of the price undertakings, (which were likewise reinstated in March 1997), they had to pay higher prices for DRAMs purchased in the Community than competitors in the rest of the world. The users concerned have claimed that these circumstances have had a negative impact on their competitiveness.(13) The users also referred to the disclosure of the preliminary findings of the Commission's services. They noted that it had been envisaged by the Commission's services that, as regards Japan, a lower residual duty should be imposed with retroactive effect from 10 March 1997, the date of the reinstatement of the anti-dumping measures. Had the investigation been concluded in this way, the difference between the initial and the final duty rate would have been refunded to importers which would have paid anti-dumping duty. The users have argued that, if retroactivity was considered justified on the hypothesis that the measures would be reimposed, then retroactivity would, a fortiori, be justified where the investigation was being concluded by the termination of the proceeding.(14) With regard to the abovementioned request, the Commission considers that, as the basic Regulation does not provide for the retroactive termination of proceedings, this request could only be accepted if justified by general principles of Community law. However, none of these principles apply in the current case.(15) In one anti-dumping proceeding, the review was terminated retroactively on the grounds that the anti-dumping measures had been prolonged by more than three years due to the long duration of the review investigation (8). However, the facts of this case are not comparable, since the anti-dumping measures in the current proceeding were suspended between June 1995 and March 1997, i.e. for all but a few months of the period by which the measures were prolonged by the review. The Community user industry, which had requested and has benefited from this suspension, thus cannot be considered to have been unduly burdened by this review investigation.(16) As regards the argument raised by the users in respect of imports through sales channels subject to the residual duties, such difficulties are inherent to the structure of the measures, and cannot be considered as justifying a retroactive termination.(17) Moreover, it cannot be accepted that the users were unduly burdened if, as claimed, they had to purchase Japanese and Korean DRAMs at prices above the prices outside the Community, due to the reference price system. The reference prices, which were continuously amended to reflect changes in normal value, ensured only that imports covered by the undertakings were not made at dumped prices, and sales in third markets at prices below the reference prices can therefore be assumed to have been dumped. The fact that dumping in third countries has enabled users in those countries to enjoy a competitive advantage over users in the Community is not considered a relevant argument for the retroactive repeal of the residual duties.(18) Furthermore, it is considered that the users' request cannot be based on the fact that the Commission had, in disclosing its provisional findings in the investigation, indicated that, in the event of a final determination that the likelihood of a recurrence of dumping and injury justified the reimposition of measures, the amended anti-dumping duty for Japan could be imposed retroactively. The provisional character of these indications was understood by all interested parties, so that legitimate expectations could not arise on these grounds.(19) In addition, retroactive termination, giving rise to the reimbursement of anti-dumping duties paid as from 10 March 1997, would discriminate against those exporters which adhered to the reference prices set under the undertakings, and against those importers who have purchased at these prices. This would be the case in particular, if, as the users have submitted, the prices in the Community had been higher than the world market prices, due to the reference price system.(20) Finally, it should be noted that any anti-dumping duty paid may always be reimbursed through a request for a refund, pursuant to Article 11 (8) of the basic Regulation.(21) In the light of the above, the request for the retroactive termination of the proceeding is rejected.(22) After having considered all the various interests involved taken as a whole, it was concluded that the proceeding should be terminated. The anti-dumping duties on DRAMs from Japan will consequently expire. The termination of the proceeding also releases the Japanese exporters from the undertakings accepted by Regulation (EEC) No 165/90 and Commission Decision 92/494/EEC (9).HAS ADOPTED THIS DECISION:Article 1 The anti-dumping proceeding concerning imports of dynamic random access memories (DRAMs), falling within CN codes- 8542 13 11, 8542 13 13, 8542 13 15, 8542 13 17, 8542 19 01, 8542 19 05 (for finished DRAMs), 8542 13 01 (for DRAM wafers),- 8542 13 05 (for DRAM dice or chips),- 8548 90 00, 8473 30 10 and 8473 50 10 (for DRAM modules, DRAM boards and DRAM cards),originating in Japan is hereby terminated.Article 2 This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.Done at Brussels, 10 November 1997.For the CommissionLeon BRITTANVice-President(1) OJ L 56, 6. 3. 1996, p. 1.(2) OJ L 317, 6. 12. 1996, p. 1.(3) OJ L 20, 25. 1. 1990, p. 5.(4) OJ L 193, 25. 7. 1990, p. 1.(5) Commission Decision 95/197/EC (OJ L 126, 9. 6. 1995, p. 58).(6) Council Regulation (EC) No 399/96 (OJ L 55, 6. 3. 1996, p. 2).(7) OJ C 181, 15. 7. 1995, p. 13.(8) Council Regulation (EEC) No 2655/93 (OJ L 244, 30. 9. 1993, p. 1).(9) OJ L 299, 15. 10. 1992, p. 43.


Avis juridique important

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32001D0908

2001/908/EC,Euratom: Council Decision of 26 November 2001 appointing a Swedish member of the Economic and Social Committee

Official Journal L 337 , 20/12/2001 P. 0036 - 0036

Council Decisionof 26 November 2001appointing a Swedish member of the Economic and Social Committee(2001/908/EC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 258 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 166 thereof,Having regard to the Council Decision of 15 September 1998 appointing the members of the Economic and Social Committee for the period from 21 September 1998 to 20 September 2002(1),Whereas a member's seat on that Committee has fallen vacant following the resignation of Ms Aina Margareta REGNELL, of which the Council was informed on 30 May 2001;Having regard to the nominations submitted by the Swedish Government,Having obtained the opinion of the Commission of the European Communities,HAS DECIDED AS FOLLOWS:Sole ArticleMs Ingrid JERNECK is hereby appointed a member of the Economic and Social Committee in place of Ms Aina Margareta REGNELL for the remainder of the latter's term of office, which runs until 20 September 2002.Done at Brussels, 26 November 2001.For the CouncilThe PresidentR. Landuyt(1) OJ L 257, 19.9.1998, p. 37.


title: 2012/408/EU: Decision of the European Parliament and of the Council of 4 July 2012 on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (EGF/2012/000 TA 2012 — Technical assistance at the initiative of the Commission)

text:
               20.7.2012

               EN

               Official Journal of the European Union

               L 192/11

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 4 July 2012
   on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (EGF/2012/000 TA 2012 — Technical assistance at the initiative of the Commission)
   (2012/408/EU)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,
   Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund (2), and in particular Article 8(2) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

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

               (2)

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

               (3)

               Regulation (EC) No 1927/2006 provides that 0,35 % of the annual maximum amount can be made available each year for technical assistance at the initiative of the Commission. The budgetary authority proposes to mobilise an amount of EUR 730 000.

               (4)

               The EGF should, therefore, be mobilised in order to provide technical assistance at the initiative of the Commission,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2012, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 730 000 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 4 July 2012.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         A. D. MAVROYIANNIS

      (1)  OJ C 139, 14.6.2006, p. 1.

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


Important legal notice

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52006DP0479

European Parliament decision on the request for defence of the immunity and privileges of Gabriele Albertini (2006/2099(IMM))

Official Journal 314 E , 21/12/2006 P. 0082 - 0082

		P6_TA(2006)0479Request for defence of immunity of Gabriele AlbertiniEuropean Parliament decision on the request for defence of the immunity and privileges of Gabriele Albertini (2006/2099(IMM))The European Parliament,- having regard to the request by Gabriele Albertini for defence of his immunity in connection with the criminal proceedings brought against him before the District Court of Milan, made on 25 April 2006, announced in plenary sitting on 27 April 2006,- having heard Gabriele Albertini in accordance with Rule 7(3) of its Rules of Procedure,- having regard to Articles 9 and 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,- having regard to the judgments of 12 May 1964 and 10 July 1986 [1] of the Court of Justice of the European Communities,- having regard to Rules 6(3) and 7 of its Rules of Procedure,- having regard to the report of the Committee on Legal Affairs (A6-0378/2006),1. Decides to defend the immunity and privileges of Gabriele Albertini;2. Instructs its President to forward this decision, and the report of the committee responsible, immediately to the appropriate authorities of the Italian Republic.[1] Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195 and Case 149/85 Wybot v Faure and others [1986] ECR 2391.--------------------------------------------------