Avis juridique important

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41982D0015

82/15/ECSC: Decision of the representatives of the Governments of the Member States of the European Coal and Steel Community meeting within the Council of 21 December 1981 amending Decision 80/1261/ECSC opening tariff preferences for products within the province of that Community and originating in Zimbabwe

Official Journal L 009 , 14/01/1982 P. 0026 - 0026

*****DECISION  OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY MEETING WITHIN THE COUNCIL  of 21 December 1981  amending Decision 80/1261/ECSC opening tariff preferences for products within the province of that Community and originating in Zimbabwe  (82/15/ECSC)  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY,  Whereas the abovementioned Member States concluded amongst themselves the Treaty establishing the European Coal and Steel Community;  Whereas the Interim Agreement between the European Economic Community and the Republic of Zimbabwe, signed in Luxembourg on 4 November 1980, was approved by the Community by Council Regulation (EEC) No 3550/80 of 16 December 1980 (1); whereas the said Interim Agreement applies until the entry into force of the Agreement on the accession of the Republic of Zimbabwe to the second ACP-EEC Convention;  Whereas the Accession Agreement and the parallel Agreement between the Member States of the European Coal and Steel Community and the Republic of Zimbabwe has been submitted for the approval of each signatory State in accordance with its own constitutional rules; whereas the completion of procedures has been delayed, so that the Agreements cannot enter into force on the planned date, i.e. 1 January 1982;  Anxious to apply concomitantly the tariff provisions laid down in the said Agreement;  In Agreement with the Commission,  HAVE DECIDED AS FOLLOWS:  Article 1  The words 'but at the latest until 31 December 1981' shall be deleted from Article 1 of Decision 80/1261/ECSC (2).  Article 2  The Member States shall take the measures necessary to implement this Decision.  Done at Brussels, 21 December 1981.  The President  N. RIDLEY  (1) OJ No L 372, 31. 12. 1980, p. 1.  (2) OJ No L 372, 31. 12. 1980, p. 85.


title: Council Decision (EU) 2015/575 of 17 December 2014 on the signing, on behalf of the European Union, and provisional application of the Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, on a Framework Agreement between the European Union and the Republic of Tunisia on the general principles for the participation of the Republic of Tunisia in Union programmes

text:
               11.4.2015

               EN

               Official Journal of the European Union

               L 96/1

         COUNCIL DECISION (EU) 2015/575
   of 17 December 2014
   on the signing, on behalf of the European Union, and provisional application of the Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, on a Framework Agreement between the European Union and the Republic of Tunisia on the general principles for the participation of the Republic of Tunisia in Union programmes
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 212, in conjunction with Article 218(5) and (7) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 18 June 2007 the Council authorised the Commission to negotiate a Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part (1), on a Framework Agreement between the European Union and the Republic of Tunisia on the general principles for the participation of the Republic of Tunisia in Union programmes (‘the Protocol’).

               (2)

               The negotiations have been concluded.

               (3)

               The objective of the Protocol is to lay down the financial and technical rules enabling the Republic of Tunisia to participate in certain Union programmes. The horizontal framework established by the Protocol constitutes an economic, financial and technical cooperation measure which allows for access to assistance, in particular financial assistance, to be provided by the Union pursuant to those Union programmes. That framework applies only to those Union programmes for which the relevant constitutive legal acts provide for the possibility of the participation of the Republic of Tunisia. The signing and provisional application of the Protocol therefore does not entail the exercise of powers under the various sectoral policies pursued by the programmes, which are exercised when establishing the programmes.

               (4)

               The Protocol should be signed on behalf of the Union and should be applied on a provisional basis, pending the completion of the procedures for its conclusion,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing on behalf of the Union of the Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, on a Framework Agreement between the European Union and the Republic of Tunisia on the general principles for the participation of the Republic of Tunisia in Union programmes is hereby authorised, subject to the conclusion of the said Protocol.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union.
   Article 3
   The Protocol shall be applied on a provisional basis from its signature, pending the completion of the procedures for its conclusion.
   Article 4
   The Commission is authorised to determine, on behalf of the Union, the specific terms and conditions applicable to the participation of the Republic of Tunisia in any particular Union programme, including the financial contribution to be paid. The Commission shall keep the relevant Council working party informed.
   Article 5
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 17 December 2014.

            For the Council

            The President

         G. L. GALLETTI

      (1)  OJ L 97, 30.3.1998, p. 2.


Avis juridique important

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41980D1261

80/1261/ECSC: Council Decision of the Representatives of the Governments of the Member States of the European Coal and Steel Community meeting within the Council of 16 December 1980 opening tariff preferences for products within the province of that Community and originating in Zimbabwe

Official Journal L 372 , 31/12/1980 P. 0085 - 0085 Greek special edition: Chapter 11 Volume 28 P. 0193

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY MEETING WITHIN THE COUNCIL of 16 December 1980 opening tariff preferences for products within the province of that Community and originating in Zimbabwe (80/1261/ECSC)    THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY,  Whereas the abovementioned Member States concluded amongst themselves the Treaty establishing the European Coal and Steel Community;  Whereas the Interim Agreement between the European Economic Community and the Republic of Zimbabwe is to enter into force on 1 January 1981;  Whereas a parallel Agreement between the Member States of the European Coal and Steel Community and the Republic of Zimbabwe has been submitted for the approval of each signatory State in accordance with its own constitutional rules;  Anxious to apply concomitantly the tariff provisions laid down in the said Agreement;  In agreement with the Commission,  HAVE DECIDED AS FOLLOWS:     Article 1 As from the date of entry into force of the Interim Agreement between the European Economic Community and the Republic of Zimbabwe and until the entry into force of the Agreement on products within the province of the European Coal and Steel Community, signed on 4 November 1980 hut at the latest until 31 December 1981, the abovementioned products shall be admitted for import into the Community, when they originate in Zimbabwe, free of customs duties and charges having equivalent effect.    Article 2 The provisions laying down the rules of origin for the application of the Interim Agreement shall also apply to this Decision.    Article 3 The Member States shall decide by mutual agreement on any protective measures suggested by one or more Member States and/or the Commission.    Article 4 The Member States shall take the measures necessary to implement this Decision.     Done at Brussels, 16 December 1980.  The President  Colette FLESCH


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31982D0888

82/888/EEC: Council Decision of 17 December 1982 on the conclusion of the Agreement amending the Community-COST Concertation Agreement on a concerted action project in the field of physico-chemical behaviour of atmospheric pollutants (COST project 61a bis)

Official Journal L 378 , 31/12/1982 P. 0037

+++++( 1 ) OJ NO L 101 , 11 . 4 . 1981 , P . 1 .  ( 2 ) OJ NO L 39 , 15 . 2 . 1980 , P . 18 .  COUNCIL DECISION OF 17 DECEMBER 1982 ON THE CONCLUSION OF THE AGREEMENT AMENDING THE COMMUNITY-COST CONCERTATION AGREEMENT ON A CONCERTED ACTION PROJECT IN THE FIELD OF PHYSICO-CHEMICAL BEHAVIOUR OF ATMOSPHERIC POLLUTANTS ( COST PROJECT 61A BIS ) ( 82/888/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,  HAVING REGARD TO COUNCIL DECISION 81/213/EEC OF 3 MARCH 1981 ADOPTING A SECTORAL RESEARCH AND DEVELOPMENT PROGRAMME IN THE FIELD OF ENVIRONMENT ( ENVIRONMENTAL PROTECTION AND CLIMATOLOGY ) - INDIRECT AND CONCERTED ACTIONS - ( 1981 TO 1985 ) ( 1 ) , AND IN PARTICULAR ARTICLE 8 ( 1 ) THEREOF ,  HAVING REGARD TO COUNCIL DECISION 80/177/EEC OF 18 DECEMBER 1979 CONCERNING THE CONCLUSION OF THE AGREEMENT ON A CONCERTED ACTION PROJECT IN THE FIELD OF PHYSICO-CHEMICAL BEHAVIOUR OF ATMOSPHERIC POLLUTANTS ( COST PROJECT 61A BIS ) ( 2 ) ,  HAVING REGARD TO THE DRAFT DECISION SUBMITTED BY THE COMMISSION ,  WHEREAS , PURSUANT TO ARTICLE 8 ( 2 ) OF DECISION 81/213/EEC , THE COMMISSION HAS NEGOTIATED AN AGREEMENT WITH THE THIRD STATES PARTICIPATING IN THE ABOVEMENTIONED CONCERTATION AGREEMENT WITH A VIEW TO AMENDING THAT AGREEMENT ,  WHEREAS THIS AGREEMENT SHOULD BE APPROVED ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY , AUSTRIA , SWEDEN , SWITZERLAND AND YUGOSLAVIA AMENDING THE COMMUNITY-COST CONCERTATION AGREEMENT ON A CONCERTED ACTION PROJECT IN THE FIELD OF PHYSICO-CHEMICAL BEHAVIOUR OF ATMOSPHERIC POLLUTANTS ( COST PROJECT 61A BIS ) IS HEREBY APPROVED ON BEHALF OF THE COMMUNITY .  THE TEXT OF THE AGREEMENT IS ATTACHED HERETO .  ARTICLE 2  THE PRESIDENT OF THE COUNCIL IS HEREBY AUTHORIZED TO DESIGNATE THE PERSONS EMPOWERED TO SIGN THE AGREEMENT IN ORDER TO BIND THE COMMUNITY .  DONE AT BRUSSELS , 17 DECEMBER 1982 .  FOR THE COUNCIL  THE PRESIDENT  H . CHRISTOPHERSEN


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31986D0488

86/488/EEC: Commission Decision of 29 September 1986 closing the anti-dumping proceedings concerning imports of Portland cement into the former Community of Ten from Spain

Official Journal L 282 , 03/10/1986 P. 0036

*****COMMISSION  DECISION  of 29 September 1986  closing the anti-dumping proceedings concerning imports of Portland cement into the former Community of Ten from Spain  (86/488/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the Act of Accession of Spain and Portugal, and in particular Article 380 thereof,  Having regard to Council Regulation (EEC) No 812/86 of 14 March 1986 on protection against imports which are the subject of dumping between the Community of Ten and the new Member States, or between the new Member States, during the period throughout which the transitional measures laid down by the Act of Accession of Spain and Portugal apply (1),  Whereas, on 2 April 1985, the Commission opened anti-dumping proceedings concerning imports of Portland cement into the former Community of Ten from Spain and other countries, following a complaint from the Liaison Committee of the Cement Industries in the European Economic Community (2), whereas the dumping allegations concerned Portland cement, other than white Portland cement, used in the construction industry, in bulk or in bags, falling under heading No ex 25.23 of the Common Customs Tariff and NIMEXE code 25.23-30;  Whereas, by letter dated 12 May 1986, the Liaison Committee of the Cement Industries in the European Economic Community withdrew the complaint with regard to imports of Portland cement from Spain, in the light of the changed situation resulting from Spain's accession to the European Community;  Whereas, in the light of this development, the Commission, by letter dated 12 June 1986, informed the interested Member States of its intention to close the proceedings if no objections were received by 15 July 1986;  Whereas no objections have been received, the proceedings concerning imports of Portland cement from Spain should be closed in accordance with Article 7 of Regulation No 812/86,  HAS ADOPTED THIS DECISION:  Sole Article  The anti-dumping proceedings concerning imports of Portland cement from Spain are hereby closed.  Done at Brussels, 29 September 1986.  For the Commission  Peter SUTHERLAND  Member of the Commission  (1) OJ No L 78, 24. 3. 1986, p. 1.  (2) OJ No C 84, 2. 4. 1985, p. 5.


title: Council Decision 2014/21/CFSP of 20 January 2014 amending Council Decision 2010/413/CFSP concerning restrictive measures against Iran

text:
               20.1.2014

               EN

               Official Journal of the European Union

               L 15/22

         COUNCIL DECISION 2014/21/CFSP
   of 20 January 2014
   amending Council Decision 2010/413/CFSP concerning restrictive measures against Iran
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 26 July 2010, the Council adopted Decision 2010/413/CFSP (1) concerning restrictive measures against Iran.

               (2)

               On 24 November 2013, China, France, Germany, the Russian Federation, the United Kingdom and the United States, supported by the High Representative of the Union for Foreign Affairs and Security Policy, reached an agreement with Iran on a Joint Plan of Action which sets out an approach towards reaching a long-term comprehensive solution to the Iranian nuclear issue. It was agreed that the process leading to this comprehensive solution would include, as a first step, initial mutually-agreed measures to be taken by both sides for a duration of six months and renewable by mutual consent.

               (3)

               As part of this first step, Iran would undertake a number of voluntary measures as specified in the Joint Plan of Action. In return, a number of voluntary measures would be undertaken which would include, for the Union, the suspension of restrictive measures concerning the prohibition on the provision of insurance and reinsurance and transport for Iranian crude oil, the prohibition on the import, purchase or transport of Iranian petrochemical products and on the provision of related services, and the prohibition on trade in gold and precious metals with the Government of Iran, its public bodies and the Central Bank of Iran, or persons and entities acting on their behalf. The suspension of those restrictive measures is to last for a duration of six months during which the relevant contracts would have to be executed.

               (4)

               Furthermore, the Joint Plan of Action also foresees a tenfold increase of the authorisation thresholds in relation to the transfers of funds to and from Iran.

               (5)

               Further action by the Union is needed in order to implement certain measures provided for in this Decision.

               (6)

               Decision 2010/413/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   In Decision 2010/413/CFSP the following Article is added:

      "Article 26a
      1.   The prohibition set out in Article 3a(1) shall be suspended until 20 July 2014 insofar as it concerns the transport of Iranian crude oil.
      2.   The prohibition set out in Article 3a(2) shall be suspended until 20 July 2014 insofar as it concerns the provision of insurance and reinsurance, related to the import, purchase, or transport of Iranian crude oil.
      3.   The prohibition set out in Article 3b shall be suspended until 20 July 2014.
      4.   The prohibition set out in Article 4c shall be suspended until 20 July 2014 insofar as it concerns gold and precious metals.
      5.   Article 10(3)(a), (b) and (c) are replaced by the following points until 20 July 2014:

                  "(a)

                  transfers due on transactions regarding foodstuffs, healthcare, medical equipment, or for agricultural or humanitarian purposes below EUR 1 000 000, as well as transfers regarding personal remittances, below EUR 400 000, shall be carried out without any prior authorisation. The transfer shall be notified to the competent authority of the Member State concerned if above EUR 10 000;

                  (b)

                  transfers due on transactions regarding foodstuffs, healthcare, medical equipment, or for agricultural or humanitarian purposes above EUR 1 000 000, as well as transfers regarding personal remittances, above EUR 400 000, shall require the prior authorisation from the competent authority of the Member State concerned. The relevant Member State shall inform the other Member States of any authorisation granted;

                  (c)

                  any other transfer above EUR 100 000 shall require the prior authorisation from the competent authority of the Member State concerned. The relevant Member State shall inform the other Member States of any authorisation granted.".

            6.   Article 10(4)(b) and (c) are replaced by the following points until 20 July 2014:

                  "(b)

                  any other transfer below EUR 400 000 shall be carried out without any prior authorisation. The transfer shall be notified to the competent authority of the Member State concerned if above EUR 10 000;

                  (c)

                  any other transfer above EUR 400 000 shall require the prior authorisation from the competent authority of the Member State concerned. The authorisation shall be deemed granted within four weeks unless the competent authority of the Member State concerned has objected within that time-limit. The relevant Member State shall inform the other Member States of any authorisation rejected.".

            7.   The prohibitions set out in Article 18b shall be suspended until 20 July 2014.
      8.   The prohibitions set out in Article 20(1)(b) and (c) and in Article 20(2) to the Ministry of Petroleum, listed in Annex II, shall be suspended until 20 July 2014, insofar as necessary for the execution, until 20 July 2014, of contracts for the import or purchase of Iranian petrochemical products.".

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

      Done at Brussels, 20 January 2014.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 195, 27.7.2010, p. 39.


title: Council Decision 2009/293/CFSP of 26 February 2009 concerning the Exchange of Letters between the European Union and the Government of Kenya on the conditions and modalities for the transfer of persons suspected of having committed acts of piracy and detained by the European Union-led naval force (EUNAVFOR), and seized property in the possession of EUNAVFOR, from EUNAVFOR to Kenya and for their treatment after such transferr

text:
               25.3.2009

               EN

               Official Journal of the European Union

               L 79/47

         COUNCIL DECISION 2009/293/CFSP
   of 26 February 2009
   concerning the Exchange of Letters between the European Union and the Government of Kenya on the conditions and modalities for the transfer of persons suspected of having committed acts of piracy and detained by the European Union-led naval force (EUNAVFOR), and seized property in the possession of EUNAVFOR, from EUNAVFOR to Kenya and for their treatment after such transfer
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 24 thereof,
   Having regard to the recommendation from the Presidency,
   Whereas:

               (1)

               On 2 June 2008, the United Nations Security Council (UNSC) adopted Resolution 1816 (2008) calling upon all States to cooperate in determining jurisdiction, and in the investigation and prosecution of persons responsible for acts of piracy and armed robbery off the coast of Somalia. Those provisions were reaffirmed by UNSC Resolution 1846 (2008), adopted on 2 December 2008.

               (2)

               On 10 November 2008, the Council adopted Joint Action 2008/851/CFSP on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (1) (operation ‘Atalanta’).

               (3)

               Joint Action 2008/851/CFSP provides that persons having committed, or suspected of having committed acts of piracy or armed robbery in Somali territorial waters, who are arrested and detained, with a view to their prosecution, and property used to carry out such acts, may be transferred to a third State which wishes to exercise its jurisdiction over the aforementioned persons and property, provided that the conditions for the transfer have been agreed with that third State in a manner consistent with relevant international law, notably international law on human rights, in order to guarantee in particular that no one shall be subjected to the death penalty, to torture or to any cruel, inhuman or degrading treatment.

               (4)

               In accordance with Article 24 of the Treaty, the Presidency, assisted by the Secretary-General/High Representative (SG/HR), negotiated an Exchange of Letters between the European Union and the Government of Kenya on the conditions and modalities for the transfer of persons suspected of having committed acts of piracy and detained by the European Union-led naval force (EUNAVFOR), and seized property in the possession of EUNAVFOR, from EUNAVFOR to Kenya and for their treatment after such transfer.

               (5)

               The Exchange of Letters should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Exchange of Letters between the European Union and the Government of Kenya on the conditions and modalities for the transfer of persons suspected of having committed acts of piracy and detained by EUNAVFOR, and seized property in the possession of EUNAVFOR, from EUNAVFOR to Kenya and for their treatment after such transfer, is hereby approved on behalf of the European Union.
   The text of the Exchange of Letters is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the respective letter in order to bind the European Union.
   Article 3
   This Decision shall take effect on the day of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 26 February 2009.

            For the Council

            The President

         I. LANGER

      (1)  OJ L 301, 12.11.2008, p. 33.
    ---documentbreak---

               25.3.2009

               EN

               Official Journal of the European Union

               L 79/49

         Exchange of Letters between the European Union and the Government of Kenya on the conditions and modalities for the transfer of persons suspected of having committed acts of piracy and detained by the European Union-led naval force (EUNAVFOR), and seized property in the possession of EUNAVFOR, from EUNAVFOR to Kenya and for their treatment after such transfer
   Nairobi,
   Sir,
   With reference to my letter dated 14 November 2008 and your letter dated 5 December 2008, I have the honour to confirm the intention of the European Union to conclude with the Government of Kenya an Exchange of Letters with a view to defining the conditions and modalities for the transfer of persons suspected of having committed acts of piracy on the high seas and detained by the European Union-led naval force (EUNAVFOR), and seized property in the possession of EUNAVFOR, from EUNAVFOR to Kenya, and for their treatment after such transfer.
   This exchange of letters is concluded in the framework of the EU Council Joint Action 2008/851/CFSP of 10 November 2008 on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the coast of Somalia (operation ‘Atalanta’).
   Furthermore, this exchange of letters does not affect the participant’s rights and obligations under international agreements and other instruments establishing international courts and tribunals, and relevant domestic laws and is concluded in full respect of:

               —

               United Nations Security Council Resolutions (UNSCR) 1814 (2008), 1838 (2008), 1846 (2008), 1851 (2008) and successor UNSCRs,

               —

               the 1982 United Nations Convention on the Law of the Sea (UNCLOS), in particular Articles 100 to 107,

               —

               International Human Rights Law, including the 1966 International Covenant on Civil and political Rights, and the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

         Accordingly, I have the honour to propose, as set out in the Annex to this letter, such provisions defining the conditions and modalities for the transfer of persons suspected of having committed acts of piracy and detained by EUNAVFOR, and seized property in the possession of EUNAVFOR, from EUNAVFOR to Kenya, and for their treatment after such transfer.
   I would be grateful if you could confirm, on behalf of the Government of Kenya, your acceptance of those provisions.
   This Instrument will be applied provisionally from the date on which it is signed and will enter into force when each of the participants has completed its own internal procedures. This Instrument will continue to have effect until six months after either participant has given the other signatory written notification of a decision to terminate the instrument. This Instrument may be varied by mutual arrangement between the signatories. Termination of this instrument will not affect any benefits or obligations arising out of the application of this Instrument before such termination, including the benefits to any transferred persons as long as they are held in custody or are prosecuted by Kenya.
   After the termination of the Operation, as defined in the Annex to this letter, all benefits of EUNAVFOR, as defined in that Annex, under this Instrument may be exercised by any person or entity designated by the State exercising the Presidency of the Council of the EU. A designated person or entity may, inter alia, be a diplomatic agent or consular official of that State accredited to Kenya. After the termination of the Operation, all notifications that were to be made to EUNAVFOR under this Instrument will be made to the State exercising the Presidency of the Council of the EU.
   Please accept, Sir, the assurance of my highest consideration.

         For the European Union

      ANNEX
      PROVISIONS ON THE CONDITIONS OF TRANSFER OF SUSPECTED PIRATES AND SEIZED PROPERTY FROM THE EU-LED NAVAL FORCE TO THE REPUBLIC OF KENYA
      1.   Definitions
      For the purposes of this Exchange of Letters:

                  (a)

                  ‘European Union-led naval force (EUNAVFOR)’ means EU military headquarters and national contingents contributing to the EU operation ‘Atalanta’, their ships, aircrafts and assets;

                  (b)

                  ‘operation’ means the preparation, establishment, execution and support of the military mission established by EU Council Joint Action 2008/851/CFSP and/or its successors;

                  (c)

                  ‘EU Operation Commander’ means the commander of the operation;

                  (d)

                  ‘EU Force Commander’ means the EU commander in the area of operations as defined within Article 1(2) of EU Council Joint Action 2008/851/CFSP;

                  (e)

                  ‘national contingents’ means units and ships belonging to the Member States of the European Union and to other States participating in the operation;

                  (f)

                  ‘sending State’ means a State providing a national contingent for EUNAVFOR.

                  (g)

                  ‘piracy’ means piracy as defined in Article 101 of UNCLOS;

                  (h)

                  ‘transferred person’ means any person suspected of intending to commit, committing, or having committed, acts of piracy transferred by EUNAVFOR to Kenya under this Exchange of Letters.

            2.   General principles

                  (a)

                  Kenya will accept, upon the request of EUNAVFOR, the transfer of persons detained by EUNAVFOR in connection with piracy and associated seized property by EUNAVFOR and will submit such persons and property to its competent authorities for the purpose of investigation and prosecution.

                  (b)

                  EUNAVFOR will, when acting under this Exchange of Letters, transfer persons or property only to competent Kenyan law enforcement authorities.

                  (c)

                  The signatories confirm that they will treat persons transferred under this Exchange of Letters, both prior to and following transfer, humanely and in accordance with international human rights obligations, including the prohibition against torture and cruel, inhumane and degrading treatment or punishment, the prohibition of arbitrary detention and in accordance with the requirement to have a fair trial.

            3.   Treatment, prosecution and trial of transferred persons

                  (a)

                  Any transferred person will be treated humanely and will not be subjected to torture or cruel, inhuman or degrading treatment or punishment, will receive adequate accommodation and nourishment, access to medical treatment and will be able to carry out religious observance.

                  (b)

                  Any transferred person will be brought promptly before a judge or other officer authorised by law to exercise judicial power, who will decide without delay on the lawfulness of his detention and will order his release if the detention is not lawful.

                  (c)

                  Any transferred person will be entitled to trial within a reasonable time or to release.

                  (d)

                  In the determination of any criminal charge against him, any transferred person will be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.

                  (e)

                  Any transferred person charged with a criminal offence will be presumed innocent until proved guilty according to law.

                  (f)

                  In the determination of any criminal charge against him, every transferred person will be entitled to the following minimum guarantees, in full equality:

                              (1)

                              to be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;

                              (2)

                              to have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choice;

                              (3)

                              to be tried without undue delay;

                              (4)

                              to be tried in his presence, and to defend himself in person or through legal assistance of his own choice; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;

                              (5)

                              to examine, or have examined, all evidence against him, including affidavits of witnesses who conducted the arrest, and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

                              (6)

                              to have the free assistance of an interpreter if he cannot understand or speak the language used in court;

                              (7)

                              not to be compelled to testify against himself or to confess guilt.

                  (g)

                  Any transferred person convicted of a crime will be permitted to have the right to his conviction and sentence reviewed by or appealed to a higher tribunal in accordance with the law of Kenya.

                  (h)

                  Kenya will not transfer any transferred person to any other State for the purposes of investigation or prosecution without prior written consent from EUNAVFOR.

            4.   Death penalty
      No transferred person will be liable to suffer the death sentence. Kenya will, in accordance with the applicable laws, take steps to ensure that any death sentence is commuted to a sentence of imprisonment.
      5.   Records and notifications

                  (a)

                  Any transfer will be the subject of an appropriate document signed by a representative of EUNAVFOR and a representative of the competent Kenyan law enforcement authorities.

                  (b)

                  EUNAVFOR will provide detention records to Kenya with regard to any transferred person. These records will include, so far as possible, the physical condition of the transferred person while in detention, the time of transfer to Kenyan authorities, the reason for his detention, the time and place of the commencement of his detention, and any decisions taken with regard to his detention.

                  (c)

                  Kenya will be responsible for keeping an accurate account of all transferred persons, including, but not limited to, keeping records of any seized property, the person's physical condition, the location of their places of detention, any charges against him and any significant decisions taken in the course of his prosecution and trial.

                  (d)

                  These records will be available to representatives of the EU and EUNAVFOR upon request in writing to the Kenyan Ministry of Foreign Affairs.

                  (e)

                  In addition, Kenya will notify EUNAVFOR of the place of detention of any person transferred under this Exchange of Letters, any deterioration of his physical condition and of any allegations of alleged improper treatment. Representatives of the EU and EUNAVFOR will have access to any persons transferred under this Exchange of Letters as long as such persons are in custody and will be entitled to question them.

                  (f)

                  National and international humanitarian agencies will, at their request, be allowed to visit persons transferred under this Exchange of Letters.

                  (g)

                  For the purposes of ensuring that EUNAVFOR is able to provide timely assistance to Kenya with attendance of witnesses from EUNAVFOR and the provision of relevant evidence, Kenya will notify EUNAVFOR of its intention to initiate criminal trial proceedings against any transferred person and the timetable for provision of evidence, and the hearing of evidence.

            6.   EUNAVFOR Assistance

                  (a)

                  EUNAVFOR, within its means and capabilities, will provide all assistance to Kenya with a view to the investigation and prosecution of transferred persons.

                  (b)

                  In particular, EUNAVFOR will:

                              (1)

                              hand over detention records drawn up pursuant to paragraph 5(b) of this Exchange of Letters;

                              (2)

                              process any evidence in accordance with the requirements of the Kenyan competent authorities as agreed in the implementing arrangements described in paragraph 9;

                              (3)

                              endeavour to produce statements of witness or affidavits by EUNAVFOR personnel involved in any incident in relation to which persons have been transferred under this Exchange of Letters;

                              (4)

                              hand over all relevant seized property in the possession of EUNAVFOR.

            7.   Relationship to other rights of transferred persons.
      Nothing in this Exchange of Letters is intended to derogate, or may be construed as derogating, from any rights that a transferred person may have under applicable domestic or international law.
      8.   Liaison and disputes

                  (a)

                  All issues arising in connection with the application of these provisions will be examined jointly by Kenyan and EU competent authorities.

                  (b)

                  Failing any prior settlement, disputes concerning the interpretation or application of these provisions will be settled exclusively by diplomatic means between Kenyan and EU representatives.

            9.   Implementing arrangements

                  (a)

                  For the purposes of the application of these provisions, operational, administrative and technical matters may be the subject of implementing arrangements to be approved between competent Kenyan authorities on the one hand and the competent EU authorities, as well as the competent authorities of the sending States, on the other hand.

                  (b)

                  Implementing arrangements may cover, inter alia:

                              (1)

                              the identification of competent law enforcement authorities of Kenya to whom EUNAVFOR may transfer persons;

                              (2)

                              the detention facilities where transferred persons will be held;

                              (3)

                              the handling of documents, including those related to the gathering of evidence, which will be handed over to the competent law enforcement authorities of Kenya upon transfer of a person;

                              (4)

                              points of contact for notifications;

                              (5)

                              forms to be used for transfers;

                              (6)

                              provision of technical support, expertise, training and other assistance upon request of Kenya in order to achieve the objectives of this Exchange of Letters.

   Nairobi,
   Sir,
   I have the honour to acknowledge receipt of your letter dated 2009 and its Annex regarding the conditions and modalities for the transfer of persons suspected of having committed acts of piracy on the high seas and detained by the European Union-led naval force (EUNAVFOR), and seized property in the possession of EUNAVFOR, from EUNAVFOR to Kenya, and for their treatment after such transfer, which reads as follows:
   ‘With reference to my letter dated 14 November 2008 and your letter dated 5 December 2008, I have the honour to confirm the intention of the European Union to conclude with the Government of Kenya an Exchange of Letters with a view to defining the conditions and modalities for the transfer of persons suspected of having committed acts of piracy on the high seas and detained by the European Union-led naval force (EUNAVFOR), and seized property in the possession of EUNAVFOR, from EUNAVFOR to Kenya, and for their treatment after such transfer.
   This exchange of letters is concluded in the framework of the EU Council Joint Action 2008/851/CFSP of 10 November 2008 on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the coast of Somalia (operation “Atalanta”).
   Furthermore, this exchange of letters does not affect the participant’s rights and obligations under international agreements and other instruments establishing international courts and tribunals, and relevant domestic laws and is concluded in full respect of:

               —

               United Nations Security Council Resolutions (UNSCR) 1814 (2008), 1838 (2008), 1846 (2008), 1851 (2008) and successor UNSCRs,

               —

               the 1982 United Nations Convention on the Law of the Sea (UNCLOS), in particular Articles 100 to 107,

               —

               International Human Rights Law, including the 1966 International Covenant on Civil and political Rights, and the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

         Accordingly, I have the honour to propose, as set out in the Annex to this letter, such provisions defining the conditions and modalities for the transfer of persons suspected of having committed acts of piracy and detained by EUNAVFOR, and seized property in the possession of EUNAVFOR, from EUNAVFOR to Kenya, and for their treatment after such transfer.
   I would be grateful if you could confirm, on behalf of the Government of Kenya, your acceptance of those provisions.
   This Instrument will be applied provisionally from the date on which it is signed and will enter into force when each of the participants has completed its own internal procedures. This Instrument will continue to have effect until six months after either participant has given the other signatory written notification of a decision to terminate the instrument. This Instrument may be varied by mutual arrangement between the signatories. Termination of this instrument will not affect any benefits or obligations arising out of the application of this Instrument before such termination, including the benefits to any transferred persons as long as they are held in custody or are prosecuted by Kenya.
   After the termination of the Operation, as defined in the Annex to this letter, all benefits of EUNAVFOR, as defined in that Annex, under this Instrument may be exercised by any person or entity designated by the State exercising the Presidency of the Council of the EU. A designated person or entity may, inter alia, be a diplomatic agent or consular official of that State accredited to Kenya. After the termination of the Operation, all notifications that were to be made to EUNAVFOR under this Instrument will be made to the State exercising the Presidency of the Council of the EU.

      ANNEX
      PROVISIONS ON THE CONDITIONS OF TRANSFER OF SUSPECTED PIRATES AND SEIZED PROPERTY FROM THE EU-LED NAVAL FORCE TO THE REPUBLIC OF KENYA
      1.   Definitions
      For the purposes of this Exchange of Letters:

                  (a)

                  “European Union-led naval force (EUNAVFOR)” means EU military headquarters and national contingents contributing to the EU operation “Atalanta”, their ships, aircrafts and assets;

                  (b)

                  “Operation” means the preparation, establishment, execution and support of the military mission established by EU Council Joint Action 2008/851/CFSP and/or its successors;

                  (c)

                  “EU Operation Commander” means the commander of the operation;

                  (d)

                  “EU Force Commander” means the EU commander in the area of operations as defined within Article 1(2) of EU Council Joint Action 2008/851/CFSP;

                  (e)

                  “national contingents” means units and ships belonging to the Member States of the European Union and to other States participating in the operation;

                  (f)

                  “sending State” means a State providing a national contingent for EUNAVFOR.

                  (g)

                  “Piracy” means piracy as defined in Article 101 of UNCLOS;

                  (h)

                  “Transferred person” means any person suspected of intending to commit, committing, or having committed, acts of piracy transferred by EUNAVFOR to Kenya under this Exchange of Letters.

            2.   General principles

                  (a)

                  Kenya will accept, upon the request of EUNAVFOR, the transfer of persons detained by EUNAVFOR in connection with piracy and associated seized property by EUNAVFOR and will submit such persons and property to its competent authorities for the purpose of investigation and prosecution.

                  (b)

                  EUNAVFOR will, when acting under this Exchange of Letters, transfer persons or property only to competent Kenyan law enforcement authorities.

                  (c)

                  The signatories confirm that they will treat persons transferred under this Exchange of Letters, both prior to and following transfer, humanely and in accordance with international human rights obligations, including the prohibition against torture and cruel, inhumane and degrading treatment or punishment, the prohibition of arbitrary detention and in accordance with the requirement to have a fair trial.

            3.   Treatment, prosecution and trial of transferred persons

                  (a)

                  Any transferred person will be treated humanely and will not be subjected to torture or cruel, inhuman or degrading treatment or punishment, will receive adequate accommodation and nourishment, access to medical treatment and will be able to carry out religious observance.

                  (b)

                  Any transferred person will be brought promptly before a judge or other officer authorised by law to exercise judicial power, who will decide without delay on the lawfulness of his detention and will order his release if the detention is not lawful.

                  (c)

                  Any transferred person will be entitled to trial within a reasonable time or to release.

                  (d)

                  In the determination of any criminal charge against him, any transferred person will be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.

                  (e)

                  Any transferred person charged with a criminal offence will be presumed innocent until proved guilty according to law.

                  (f)

                  In the determination of any criminal charge against him, every transferred person will be entitled to the following minimum guarantees, in full equality:

                              (1)

                              to be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;

                              (2)

                              to have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choice;

                              (3)

                              to be tried without undue delay;

                              (4)

                              to be tried in his presence, and to defend himself in person or through legal assistance of his own choice; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;

                              (5)

                              to examine, or have examined, all evidence against him, including affidavits of witnesses who conducted the arrest, and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

                              (6)

                              to have the free assistance of an interpreter if he cannot understand or speak the language used in court;

                              (7)

                              not to be compelled to testify against himself or to confess guilt.

                  (g)

                  Any transferred person convicted of a crime will be permitted to have the right to his conviction and sentence reviewed by or appealed to a higher tribunal in accordance with the law of Kenya.

                  (h)

                  Kenya will not transfer any transferred person to any other State for the purposes of investigation or prosecution without prior written consent from EUNAVFOR.

            4.   Death penalty
      No transferred person will be liable to suffer the death sentence. Kenya will, in accordance with the applicable laws, take steps to ensure that any death sentence is commuted to a sentence of imprisonment.
      5.   Records and notifications

                  (a)

                  Any transfer will be the subject of an appropriate document signed by a representative of EUNAVFOR and a representative of the competent Kenyan law enforcement authorities.

                  (b)

                  EUNAVFOR will provide detention records to Kenya with regard to any transferred person. These records will include, so far as possible, the physical condition of the transferred person while in detention, the time of transfer to Kenyan authorities, the reason for his detention, the time and place of the commencement of his detention, and any decisions taken with regard to his detention.

                  (c)

                  Kenya will be responsible for keeping an accurate account of all transferred persons, including, but not limited to, keeping records of any seized property, the persons physical condition, the location of their places of detention, any charges against him and any significant decisions taken in the course of his prosecution and trial.

                  (d)

                  These records will be available to representatives of the EU and EUNAVFOR upon request in writing to the Kenyan Ministry of Foreign Affairs.

                  (e)

                  In addition, Kenya will notify EUNAVFOR of the place of detention of any person transferred under this Exchange of Letters, any deterioration of his physical condition and of any allegations of alleged improper treatment. Representatives of the EU and EUNAVFOR will have access to any persons transferred under this Exchange of Letters as long as such persons are in custody and will be entitled to question them.

                  (f)

                  National and international humanitarian agencies will, at their request, be allowed to visit persons transferred under this Exchange of Letters.

                  (g)

                  For the purposes of ensuring that EUNAVFOR is able to provide timely assistance to Kenya with attendance of witnesses from EUNAVFOR and the provision of relevant evidence, Kenya will notify EUNAVFOR of its intention to initiate criminal trial proceedings against any transferred person and the timetable for provision of evidence, and the hearing of evidence.

            6.   EUNAVFOR Assistance

                  (a)

                  EUNAVFOR, within its means and capabilities, will provide all assistance to Kenya with a view to the investigation and prosecution of transferred persons.

                  (b)

                  In particular, EUNAVFOR will:

                              (1)

                              hand over detention records drawn up pursuant to paragraph 5(b) of this Exchange of Letters;

                              (2)

                              process any evidence in accordance with the requirements of the Kenyan competent authorities as agreed in the implementing arrangements described in paragraph 9;

                              (3)

                              endeavour to produce statements of witness or affidavits by EUNAVFOR personnel involved in any incident in relation to which persons have been transferred under this Exchange of Letters;

                              (4)

                              hand over all relevant seized property in the possession of EUNAVFOR.

            7.   Relationship to other rights of transferred persons.
      Nothing in this Exchange of Letters is intended to derogate, or may be construed as derogating, from any rights that a transferred person may have under applicable domestic or international law.
      8.   Liaison and disputes

                  (a)

                  All issues arising in connection with the application of these provisions will be examined jointly by Kenyan and EU competent authorities.

                  (b)

                  Failing any prior settlement, disputes concerning the interpretation or application of these provisions will be settled exclusively by diplomatic means between Kenyan and EU representatives.

            9.   Implementing arrangements

                  (a)

                  For the purposes of the application of these provisions, operational, administrative and technical matters may be the subject of implementing arrangements to be approved between competent Kenyan authorities on the one hand and the competent EU authorities, as well as the competent authorities of the sending States on the other hand.

                  (b)

                  Implementing arrangements may cover, inter alia:

                              (1)

                              the identification of competent law enforcement authorities of Kenya to whom EUNAVFOR may transfer persons;

                              (2)

                              the detention facilities where transferred persons will be held;

                              (3)

                              the handling of documents, including those related to the gathering of evidence, which will be handed over to the competent law enforcement authorities of Kenya upon transfer of a person;

                              (4)

                              points of contact for notifications;

                              (5)

                              forms to be used for transfers;

                              (6)

                              provision of technical support, expertise, training and other assistance upon request of Kenya in order to achieve the objectives of this Exchange of Letters.

            ’I have the honour to confirm, on behalf of the Government of the Republic of Kenya, that the content of your letter and of its Annex are acceptable to the Government of the Republic of Kenya. As set out in your letter, this instrument will enter into force provisionally from the date of signature of this letter and will enter into force when each of the signatories has completed its own internal procedures.
   Please accept, Sir, the assurance of my highest consideration.

         For the Government of the Republic of Kenya


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31984D0650

84/650/EEC: Commission Decision of 21 December 1984 accepting undertakings and repealing the provisional duty in connection with the anti-dumping investigation concerning imports of artificial corundum originating in the People' s Republic of China and Czechoslovakia and terminating the investigation with regard to these countries

Official Journal L 340 , 28/12/1984 P. 0082 - 0083

*****COMMISSION  DECISION  of 21 December 1984  accepting undertakings and repealing the provisional duty in connection with the anti-dumping investigation concerning imports of artificial corundum originating in the People's Republic of China and Czechoslovakia and terminating the investigation with regard to these countries  (84/650/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2176/84 of 23 July 1984 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 10 thereof,  After consultation within the Advisory Committee as provided for under the above Regulation,  Whereas:  A. Provisional action  (1) The Commission, by Regulation (EEC) No 2690/84 (2), imposed provisional anti-dumping duties on imports of artificial corundum originating in the People's Republic of China and Czechoslovakia and terminated the proceeding in respect of imports of artificial corundum originating in Spain and Yugoslavia.  B. Subsequent procedure  (2) Following the imposition of the provisional anti-dumping duty, the Czech exporter and the representative of the Chinese exporter in the Federal Republic of Germany of the product concerned requested an opportunity to be heard by the Commission, which was granted. At these hearings the exporters were given additional explanations concerning the basis on which the provisional duty was imposed.  C. Dumping  (3) No new evidence on dumping has been received since the imposition of the provisional duty but Community producers did propose, immediately prior to the adoption of the provisional measures, that Austrian domestic prices should be used in preference to those of Yugoslavia as the basis for normal value in the calculation of dumping.  (4) This proposal was carefully examined by the Commission, which after consultations with the producers came to the conclusion that the suggested change would not have satisfied the normal criteria used in selecting an analogue country for use in determining normal value, and in particular would have obliged the Commission to introduce large adjustments - of an arbitrary nature - for quality into its calculations. For these reasons it was decided to maintain the Yugoslav domestic prices as the basis for determining normal value. Therefore the Commission considers its findings on dumping as set out in the Regulation (EEC) No 2690/84 to be definitive.  D. Injury  (5) No fresh evidence regarding injury to the Community industry has been submitted. The Commission therefore confirms the conclusions on injury reached in Regulation (EEC) No 2690/84.  E. Community interest  (6) In view of the serious difficulties facing the Community industry, the Commission has come to the conclusion that it is in the Community's interests that action be taken.  F. Undertakings  (7) Undertakings were offered by the Czech and Chinese exporters concerning their exports of artificial corundum to the Community. The effects of the said undertakings will be to increase export prices of the different qualities of artificial corundum exported to the Community to a level which eliminates the dumping.  (8) In the circumstances, the undertakings offered are considered acceptable and the investigation may, therefore, be terminated without the imposition of a definitive anti-dumping duty,  HAS DECIDED AS FOLLOWS:  Article 1  The undertakings given by Czechoslovak Ceramics, Prague, Czechoslovakia and by the China National Machinery and Equipment Import and Export Corporation, Beijing, People's Republic of China, in connection with the anti-dumping investigation concerning imports of artificial corundum originating in Czechoslovakia and in the People's Republic of China and falling within subheading 28.20 B of the Common Customs Tariff, corresponding to NIMEXE code 28.20-30, are hereby accepted.  Article 2  The provisional duties imposed by Commission Regulation (EEC) No 2690/84 are hereby repealed and the anti-dumping investigation referred to in Article 1 is terminated.  Done at Brussels, 21 December 1984.  For the Commission  Wilhelm HAFERKAMP  Vice-President  (1) OJ No L 201, 30. 7. 1984, p. 1.  (2) OJ No L 255, 25. 9. 1984, p. 9.


title: Council Decision of 16 April 2007 replacing an alternate member of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions

text:
               3.5.2007

               EN

               Official Journal of the European Union

               C 99/8

      COUNCIL DECISION

   of 16 April 2007
   replacing an alternate member of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions
   (2007/C 99/11)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EEC) No 1365/75 of 26 May 1975 on the creation of a European Foundation for the Improvement of Living and Working Conditions (1), and in particular Article 6 thereof,
   Whereas:

               (1)

               In its Decision of 13 December 2004 (2)the Council appointed the members and alternate members of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for the period ending 18 October 2007.

               (2)

               An alternate member's seat on the Governing Board of the aforementioned Foundation in the employers' organisations category has fallen vacant following the resignation of Ms Daiga ERMSONE;

               (3)

               The Commission has nominated a candidate for the vacant seat,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   Ms Kristīne DOLGIHA is hereby appointed an alternate member of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions in place of Ms Daiga ERMSONE for the remainder of the term of office, which ends on 18 October 2007.

      Done at Luxembourg, 16 April 2007.

            For the Council

            The President

         H. SEEHOFER

      (1)  OJ L 139, 30.5.1975, p. 1, as amended by Regulation (EC) No 1111/2005, OJ L 184, 15.7.2005, p. 1.

      (2)  OJ C 317, 22.12.2004, p. 4.


title: 87/496/EEC: Council Decision of 11 December 1986 concerning the provisional application of the Agreement between the European Economic Community and the People' s Republic of Bulgaria on trade in textile products

text:
9 . 10 . 87                             Official Journal of the European Communities                                          No L 287 / 1
                                                                  II
                                           (Acts whose publication is not obligatory)
                                                      COUNCIL
                                                    COUNCIL DECISION
                                                     of 11 December 1986
                 concerning the provisional application of the Agreement between the European Economic
                        Community and the People's Republic of Bulgaria on trade in textile products
                                                         ( 87 / 496 / EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              in textile products shall be applied provisionally as from
                                                                        1 January 1987 pending its formal conclusion provided that
Having regard to the Treaty establishing the European                  there is a reciprocal provisional application on the part of the
Economic Community , and in particular Article 113                     contracting country .
thereof,
Having regard to the proposal from the Commission ,                    The text of the Agreement is attached to this Decision ( 1 ).
Whereas the Commission has , on behalf of the European
Economic Community , negotiated an Agreement with
Bulgaria on trade in textile products ;                                                                Article 2
Whereas the said Agreement should be applied provisionally
as from 1 January 1987 pending the completion of the                   The Commission is invited to inform the contracting country
procedures necessary for its conclusion , provided that there          of this Decision and seek its agreement thereto , which will be
is a reciprocal provisional application on the part of the             duly communicated to the Council .
contracting country ,
HAS DECIDED AS FOLLOWS :
                                                                       Done at Brussels , 11 December 1986 .
                          Article 1                                                                                For the Council
                                                                                The President
The Agreement between the European Economic
Community and the People's Republic of Bulgaria on trade                                                               K. CLARKE
                                                                       ( 1 ) For technical reasons this Agreement is published in the Official
                                                                             Journal ofthe European Communities in the language in which it
                                                                             was negotiated .


Avis juridique important

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31995D0215

95/215/EC: Council Decision of 29 May 1995 concerning the conclusion of an Agreement in the form of exchange of letters between the European Community and the United States of America on government procurement

Official Journal L 134 , 20/06/1995 P. 0025 - 0025

COUNCIL DECISION of 29 May 1995 concerning the conclusion of an Agreement in the form of exchange of letters between the European Community and the United States of America on government procurement (95/215/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular the last sentence of Article 57 (2) and Articles 66, 100 a, 113 in conjunction with the first sentence of Article 228 (2) and Article 228 (3) thereof,Having regard to the proposal from the Commission (1),Having regard to the assent of the European Parliament (2),Whereas, for the Community, the powers to conclude international agreements are not merely attributed explicitly by the Treaty but may also result from other provisions of the Treaty and from acts taken pursuant to those provisions by Community institutions;Whereas, when Community rules were adopted in order to attain the goals of the Treaty, Member States may not, outside the framework of the common institutions, make commitments which might affect those rules or alter the scope thereof;Whereas part of the commitments in the Agreement negotiated by the European Community with the United States on government procurement fall within the exclusive jurisdiction of the Community under Article 113 of the Treaty;Whereas, moreover, some of the other commitments affect Community rules adopted on the basis of Articles 57 (2), 66 and 100 a of the Treaty;Whereas, finally, Article 37 of Directive 93/38/EEC (3) expressly confers upon the Community institutions powers to conduct negotiations with third countries concerning the legal arrangements applicable to government contracts awarded by entities in Member States in the electricity and port sectors inter alia;Whereas the Agreement negotiated by the European Community with the United States on government procurement should be concluded,HAS DECIDED AS FOLLOWS:Article 1 The Agreement in the form of an exchange of letters between the European Community and the United States of America on government procurement is hereby approved on behalf of the European Community.The text of the Agreement is attached to this Decision.Article 2 The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the European Community.Done at Brussels, 29 May 1995.For the CouncilThe PresidentH. de CHARETTE(1) OJ No C 291, 19. 10. 1994, p. 4.(2) Assent given on 19 May 1995 (not yet published in the Official Journal).(3) Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ No L 199, 9. 8. 1993, p. 84).


title: Council Decision 2013/233/CFSP of 22 May 2013 on the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya)

text:
               24.5.2013

               EN

               Official Journal of the European Union

               L 138/15

         COUNCIL DECISION 2013/233/CFSP
   of 22 May 2013
   on the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28, Article 42(4) and Article 43(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 23 July 2012, the Council, recognising the serious security challenges in Libya, reiterated the readiness of the Union to provide assistance, including through Common Security and Defence Policy (CSDP), in the areas of security and border management, in close partnership with Libyan authorities.

               (2)

               On 9 January 2013, the Minister for Foreign Affairs and International Cooperation of Libya addressed a letter to the High Representative of the Union for Foreign Affairs and Security Policy (HR), welcoming the Union’s CSDP proposal to support the Libyan authorities in developing the capacity to enhance the security of Libya’s borders in the short term, and to assist in developing a broader strategic Integrated Border Management (IBM) concept in the longer term.

               (3)

               On 31 January 2013, the Council approved the Crisis Management Concept for a possible CSDP civilian mission in Libya.

               (4)

               The Watch-Keeping Capability should be activated for the Mission established by this Decision.

               (5)

               The Mission will be conducted 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 on European Union (TEU),

         HAS ADOPTED THIS DECISION:
   Article 1
   Mission
   The Union hereby establishes a European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya).
   Article 2
   Objectives
   The objectives of EUBAM Libya are to support the Libyan authorities to develop capacity for enhancing the security of Libya’s land, sea and air borders in the short term and to develop a broader IBM strategy in the longer term.
   Article 3
   Tasks
   1.   In order to achieve the objectives set out in Article 2, the tasks of EUBAM Libya shall be:

               (a)

               through training and mentoring, to support Libyan authorities in strengthening the border services in accordance with international standards and best practices;

               (b)

               to advise the Libyan authorities on the development of a Libyan national IBM strategy;

               (c)

               to support the Libyan authorities in strengthening their institutional operational capabilities.

         2.   EUBAM Libya shall not carry out any executive function.
   Article 4
   Chain of command and structure
   1.   EUBAM Libya shall have a unified chain of command as a crisis management operation.
   2.   EUBAM Libya shall have its Headquarters in Tripoli.
   3.   EUBAM Libya shall be structured in accordance with its planning documents.
   4.   EUBAM Libya shall have a project capability to identify, plan and implement projects. Additionally, EUBAM Libya may, as appropriate and if invited to do so, coordinate, facilitate and provide advice on projects implemented by Member States and third States under their responsibility, in areas related to EUBAM Libya and in support of its objectives.
   Article 5
   Civilian Operation Commander
   1.   The Civilian Planning and Conduct Capability (CPCC) Director shall be the Civilian Operation Commander for EUBAM Libya.
   2.   The Civilian Operation Commander, under the political control and strategic direction of the Political and Security Committee (PSC) and overall authority of the HR, shall exercise command and control of EUBAM Libya at the strategic level.
   3.   The Civilian Operation Commander shall ensure, with regard to the conduct of operations, the proper and effective implementation of the Council’s decisions as well as the PSC’s decisions, including by issuing instructions at the strategic level as required to the Head of Mission and providing the Head of Mission with advice and technical support.
   4.   The Civilian Operation Commander shall report to the Council through the HR.
   5.   All seconded staff shall remain under the full command of the national authorities of the seconding State(s) in accordance with national rules, of the Union institution concerned or of the European External Action Service (EEAS). Those authorities shall transfer Operational Control (OPCON) of their personnel, teams and units to the Civilian Operation Commander.
   6.   The Civilian Operation Commander shall have overall responsibility for ensuring that the Union’s duty of care is properly discharged.
   7.   The Civilian Operation Commander, the European Union Special Representative (EUSR) for the Southern Mediterranean region, the Head of Union Delegation in Libya and the Head of Mission of EUBAM Libya shall consult each other as required.
   Article 6
   Head of Mission
   1.   The Head of Mission shall assume responsibility for, and exercise command and control of, EUBAM Libya at theatre level and shall be directly responsible to the Civilian Operation Commander.
   2.   The Head of Mission shall exercise command and control over personnel, teams and units from contributing States as assigned by the Civilian Operation Commander together with administrative and logistic responsibility including over assets, resources and information placed at the disposal of EUBAM Libya.
   3.   The Head of Mission shall issue instructions to all EUBAM Libya staff, including the Brussels Support Element and regional liaison officers, where applicable, for the effective conduct of EUBAM Libya in theatre, assuming its coordination and day-to-day management, and following the instructions at the strategic level of the Civilian Operation Commander.
   4.   The Head of Mission shall be responsible for the implementation of the budget of EUBAM Libya. For this purpose, the Head of Mission shall sign a contract with the Commission.
   5.   The Head of Mission shall be responsible for disciplinary control over the staff. For seconded staff, disciplinary powers shall be exercised by the national authority in accordance with national rules, by the Union institution concerned or by the EEAS.
   6.   The Head of Mission shall represent EUBAM Libya in the operations area and shall ensure appropriate visibility of EUBAM Libya.
   7.   The Head of Mission shall coordinate, as appropriate, with other Union actors on the ground. The Head of Mission shall, without prejudice to the chain of command, receive local political guidance from the EUSR for the Southern Mediterranean region in consultation with the Head of Union Delegation in Libya.
   8.   In the context of the project capability, the Head of Mission shall be authorised to seek recourse to financial contributions from the Member States or third States to implement projects identified as supplementing in a consistent manner the other actions of EUBAM Libya, if the project is:

               (a)

               provided for in the Budgetary Impact Statement relating to this Decision; or

               (b)

               included in the course of EUBAM Libya in the Budgetary Impact Statement at the request of the Head of Mission.

         In such a case the Head of Mission shall conclude an arrangement with the States concerned, covering in particular the specific procedures for dealing with any complaint from third parties concerning damage caused as a result of acts or omissions by the Head of Mission in the use of the funds provided by the contributing States.
   Under no circumstances shall the Union or the HR be held liable by contributing States as a result of acts or omissions by the Head of Mission in the use of funds provided by contributing States.
   Article 7
   Staff
   1.   EUBAM Libya shall consist primarily of staff seconded by Member States, Union institutions or the EEAS.
   2.   Each Member State, Union institution or the EEAS shall bear the costs related to any of the staff seconded by it, including travel expenses to and from the place of deployment, salaries, medical coverage and allowances other than applicable daily allowances.
   3.   Each Member State, Union institution and the EEAS shall be responsible for answering any claims linked to the secondment, either from or concerning the member of staff seconded by it, and for bringing any action against that person.
   4.   EUBAM Libya may also recruit international or local staff on a contractual basis if the functions required cannot be provided by personnel seconded by Member States, Union institutions or the EEAS. Exceptionally, in duly justified cases, where no qualified applicants from Member States are available, nationals from participating third States may be recruited on a contractual basis, as appropriate.
   5.   The conditions of employment and the rights and obligations of international and local staff shall be laid down in contracts between the Head of Mission and such staff members.
   Article 8
   Status of EUBAM Libya and of its staff
   The status of EUBAM Libya and its staff, including, where appropriate, the privileges, immunities and further guarantees necessary for the completion and smooth functioning of EUBAM Libya, shall be the subject of an agreement concluded pursuant to Article 37 TEU and in accordance with the procedure laid down in Article 218 of the Treaty on the Functioning of the European Union.
   Article 9
   Political control and strategic direction
   1.   The PSC shall exercise, under the responsibility of the Council and of the HR, political control and strategic direction of EUBAM Libya. The Council hereby authorises the PSC to take the relevant decisions for that purpose in accordance with the third paragraph of Article 38 TEU. This authorisation shall include the powers to appoint a Head of Mission, upon a proposal from the HR, and to amend the Concept of Operations Plus (CONOPS Plus) and the Operation Plan (OPLAN). The powers of decision with respect to the objectives and termination of the EUBAM Libya shall remain vested in the Council.
   2.   The PSC shall report to the Council at regular intervals.
   3.   The PSC shall receive, on a regular basis and as required, reports by the Civilian Operation Commander and the Head of Mission on issues within their respective areas of responsibility.
   Article 10
   Participation of third States
   1.   Without prejudice to the decision-making autonomy of the Union and its single institutional framework, third States may be invited to contribute to EUBAM Libya, provided that they bear the cost of the staff seconded by them, including salaries, all risk insurance cover, daily subsistence allowances and travel expenses to and from Libya, and that they contribute to the running costs of EUBAM Libya, as appropriate.
   2.   Third States contributing to EUBAM Libya shall have the same rights and obligations in terms of the day-to-day management of EUBAM Libya as Member States taking part in EUBAM Libya.
   3.   The Council hereby authorises the PSC to take the relevant decisions on acceptance of the proposed contributions and to establish a Committee of Contributors.
   4.   Detailed arrangements regarding the participation of third States shall be covered by agreements concluded in accordance with Article 37 TEU and additional technical arrangements as necessary. Where the Union and a third State conclude or have concluded an agreement establishing a framework for the participation of that third State in crisis management operations of the Union, the provisions of that agreement shall apply in the context of EUBAM Libya.
   Article 11
   Security
   1.   The Civilian Operation Commander shall, in accordance with Article 5, direct the Head of Mission in planning security measures, and shall ensure their proper and effective implementation by EUBAM Libya.
   2.   The Head of Mission shall be responsible for the security of EUBAM Libya and for ensuring compliance with minimum security requirements applicable to EUBAM Libya, in line with the policy of the Union on the security of personnel deployed outside the Union in an operational capacity under Title V TEU, and its supporting instruments.
   3.   The Head of Mission shall be assisted by a Senior Mission Security Officer, who shall report to the Head of Mission and also maintain a close working relationship with the EEAS.
   4.   The EUBAM Libya staff shall undergo mandatory security training before taking up their duties, in accordance with the OPLAN. They shall also receive regular in-theatre refresher training organised by the Mission Security Officer.
   5.   The Head of Mission shall ensure the protection of EU classified information in accordance with Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information (1).
   Article 12
   Watch-Keeping Capability
   The Watch-Keeping Capability shall be activated for EUBAM Libya.
   Article 13
   Financial arrangements
   1.   The financial reference amount intended to cover the expenditure related to EUBAM Libya for the first 12 months following the entry into force of this Decision shall be EUR 30 300 000. The financial reference amount for the subsequent periods shall be decided by the Council.
   2.   All expenditure shall be managed in accordance with the rules and procedures applicable to the general budget of the Union.
   3.   Nationals of participating third States and of host and neighbouring countries shall be allowed to tender for contracts. Subject to the Commission’s approval, the Head of Mission may conclude technical arrangements with Member States, participating third States and other international actors regarding the provision of equipment, services and premises to EUBAM Libya.
   4.   The financial arrangements shall respect the operational requirements of EUBAM Libya including the compatibility of equipment and the interoperability of its teams.
   5.   The Head of Mission shall report fully to, and be supervised by, the Commission regarding the activities undertaken in the framework of the Head of Mission’s contract.
   6.   The expenditure related to EUBAM Libya shall be eligible as of the date of entry into force of this Decision.
   Article 14
   Consistency of the Union’s response and coordination
   1.   The HR shall ensure the consistency of the implementation of this Decision with the Union’s external action as a whole, including the Union’s development programmes.
   2.   Without prejudice to the chain of command, the Head of Mission shall act in close coordination with the Union Delegation in Tripoli to ensure the consistency of Union action in Libya.
   3.   The Head of Mission shall coordinate closely with Member States’ Heads of Mission present in Libya.
   4.   The Head of Mission shall coordinate with relevant third parties in Libya.
   Article 15
   Release of information
   1.   The HR shall be authorised to release to the third States associated with this Decision, as appropriate and in accordance with the needs of EUBAM Libya, EU classified information up to ‘CONFIDENTIEL UE/EU CONFIDENTIAL’ level generated for the purposes of EUBAM Libya, in accordance with Decision 2011/292/EU.
   2.   In the event of a specific and immediate operational need, the HR shall also be authorised to release to the host State any EU classified information up to ‘RESTREINT UE/EU RESTRICTED’ level generated for the purposes of EUBAM Libya, in accordance with Decision 2011/292/EU. Arrangements between the HR and the competent authorities of the host State shall be drawn up for this purpose.
   3.   The HR shall be authorised to release to the third States associated with this Decision any EU non-classified documents connected with the deliberations of the Council relating to EUBAM Libya and covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council’s Rules of Procedure (2).
   4.   The HR may delegate the powers referred to in paragraphs 1 to 3, as well as the ability to conclude the arrangements referred to in paragraph 2 to persons placed under the HR’s authority, to the Civilian Operation Commander and/or to the Head of Mission.
   Article 16
   Entry into force and duration
   This Decision shall enter into force on the date of its adoption.
   It shall apply for a period of 24 months.

      Done at Brussels, 22 May 2013.

            For the Council

            The President

         E. GILMORE

      (1)  OJ L 141, 27.5.2011, p. 17.

      (2)  Council Decision 2009/937/EU of 1 December 2009 adopting the Council’s Rules of Procedure (OJ L 325, 11.12.2009, p. 35).


title: Decision No 124 of 12 December 1984 concerning the interpretation of Article 45 (1) to (3) of Council Regulation (EEC) No 1408/71 with regard to the taking into account of insurance periods completed under the legislations of other Member States for the acquisition, retention or recovery of the right to benefits

text:
18.7.85                                Official Journal of the European Communities                                No C 180/5
                                                     DECISION No 124
                                                    of 12 December 1984
              concerning the interpretation of Article 45 (1) to (3) of Council Regulation (EEC) No 1408/71
              with regard to the taking into account of insurance periods completed under the legislations of
                   other Member States for the acquisition, retention or recovery of the right to benefits
                                                        (85/C 180/05)
THE ADMINISTRATIVE COMMISSION OF THE                              Whereas the second subparagraph of Article 45 (3) of
EUROPEAN COMMUNITIES ON SOCIAL SECURITY                            Regulation (EEC) No 1408/71 provides that if, taking
FOR MIGRANT WORKERS,                                              into account the periods referred to in the first subpara-
                                                                  graph of Article 45 (3), the person concerned does not
Having regard to Article 81 (a) of Council Regulation              satisfy the conditions for receipt of those benefits
(EEC) No 1408/71 of 14 June 1971 under which it is                referred to in that first subparagraph, those periods shall
made responsible for dealing with all questions of inter-         be taken into account for the granting of the benefits
pretation arising from Regulation (EEC) N o 1408/71               under the general scheme or, failing this, under the
and subsequent Regulations,                                       scheme applicable to manual or clerical workers, as
                                                                  appropriate, in so far as they have been completed under
Whereas Article 45 of Regulation (EEC) No 1408/71                 a scheme other than the abovementioned corresponding
determines how, for the acquisition, retention or                 scheme and provided that the person concerned has also
recovery of the right to benefits, account should be taken        been insured under this general scheme or, failing this,
of periods completed in other Member States;                      under the scheme applicable to manual or clerical
                                                                  workers, as appropriate;
Whereas Article 45 (1) of Regulation (EEC) No 1408/71
provides that the competent institution of the Member             Whereas the words 'in so far as they have been
State whose legislation makes the acquisition, retention          completed       under    a    scheme     other    than   the
or recovery of the right to benefits conditional upon the         abovementioned corresponding scheme' occurring in the
completion of periods of insurance or residence shall             aforementioned provision should be interpreted as: in so
take into account, to the extent necessary, periods of            far as they have been completed under a corresponding
insurance or residence completed under the legislation of         scheme or under a scheme other than                      the
any Member State as if they were periods completed                abovementioned corresponding scheme;
under the legislation which it administers;
                                                                  Whereas periods of insurance completed under the
Whereas the abovementioned Article 45 (1), which                  legislation of one Member State which have already been
incorporates the general principle regarding the taking           taken into account under such a special scheme, as is
into account of periods, should be construed as meaning           referred to in the first subparagraph of Article 45 (3) of
that the institution of a Member State administering a            Regulation (EEC) N o 1408/71, of another Member
scheme which is not a special scheme within the meaning            State, should be prevented from being also taken into
of Article 45 (2) or (3) of Regulation (EEC) No 1408/71            account under the general scheme of the latter Member
should, for the acquisition, retention or recovery of the          State;
right to benefits, take account of all periods completed
under the legislation of any other Member State,                  Acting in accordance with Article 80 (3) of Regulation
whether under a general or a special scheme and                    (EEC) No 1408/71,
whether as an employed or self-employed person;
Whereas the first subparagraph of Article 45 (3) of Regu-          HAS DECIDED AS FOLLOWS:
lation (EEC) No 1408/71 provides that where the
legislation of a Member State makes the granting of                1. The institution of a Member State administering a
certain benefits conditional upon the periods of                       scheme that is not a special scheme within the
insurance having been completed only in an occupation                  meaning of Article 45 (2) or (3) of Regulation (EEC)
subject to a special scheme for self-employed persons,                 No 1408/71 shall, for the acquisition, retention or
periods completed under the legislations of other                      recovery of the right to benefits within the meaning of
Member States shall be taken into account for the                      Article 45 (1), take account of all periods completed
granting of such benefits only if completed under a                    under the legislation of any other Member State,
corresponding scheme or, failing this, in the same                     whether under a general or a special scheme and
occupation;                                                            whether as an employed or self-employed person.
Whereas      for    the    purposes   of    applying     the      2. A 'special scheme for self-employed persons' within
aforementioned provision it is necessary to determine                  the meaning of Article 45 (3) of Regulation (EEC)
which schemes are 'special' schemes for self-employed                  No 1408/71 shall be any scheme listed in the Annex
persons;                                                               to this Decision.
 ---pagebreak--- No C 180/6                                Official Journal of the European Communities                                      18.7.85
3. The words 'in so far as they have been completed                        as these periods have not already been taken into
   under a scheme other than the abovementioned                            account in the latter State under the special scheme
   corresponding scheme' occurring in the second                           referred to in the first subparagraph of Article 45 (3)
   subparagraph of Article 45 (3) of Regulation (EEC)                      of Regulation (EEC) No 1408/71 for the acquisition,
   No 1408/71 shall be construed as: in so far as they                     retention or recovery of the right to benefits.
   have been completed under a corresponding scheme
   or under a scheme other than the abovementioned                    5. This Decision shall be published in the Official Journal
   corresponding scheme.                                                   of the European Communities. It shall enter into force
                                                                           on the first day of the month following such pub-
4. Periods of insurance completed under the legislation                    lication. It shall be applicable from 1 July 1982.
   of a Member State shall be taken into account under
   the general scheme or, failing this, under the scheme                                                     J. DOWNEY
   applicable to manual or clerical workers, as appro-
   priate, of another Member State for the acquisition,                                                      The Chairman
   retention or recovery of the right to benefits in so far                                       of the Administrative Commission
                                                                ANNEX
             Special schemes for self-employed persons within the meaning of Article 45 (3) of Regulation (EEC) No
             1408/71.
             A. BELGIUM
                None
             B. DENMARK
                None
             C. GERMANY
                Old age insurance for farmera (Altershilfe fiir Landwirte)
             D. FRANCE
                None
             E. GREECE
                None
             F. IRELAND
                None
             G. ITALY
                Pension insurance for (Assicurazione pensioni per):
                — medical practitioners (medici),
                — pharmacists (farmacisti),
                — veterinarians (veterinari),
                — midwives (ostetriche),
                — engineers and architects (ingegneri ed architetti),
                — surveyors (geometri),
                — solicitors and barristers (awocati e procuratori),
                — economists (dottori commercialisti),
                — accountants (ragionieri e periti commerciali),
                — employment experts (consulenti del lavoro),
                — notaries (notai),
                — customs agents (spedizionieri doganali).
 ---pagebreak--- 18.7.85                             Official Journal of the European Communities                       No C 180/7
        H. LUXEMBOURG
            None
        I. NETHERLANDS
            None
        J. UNITED KINGDOM
            None
                                             'Scientific apparatus' Decision
                                         Refusal of relief from import duties
                     (Legal basis: Regulations (EEC) No 918/83 (') and (EEC) No 2290/83 (2))
                                                 File: SUD/B/3-002/85
                                                      (85/C 180/06)
        By virtue of a Commission Decision of 16 July 1985 the apparatus known as 'SLM —
        Spectrofluorometer, model SLM 4048' may not be imported free of import duties.
        This apparatus, the subject of an application made by the French Republic on 4 February 1985
        and ordered in July 1983 is intended for use for the study of the conformation of macro-
        molecules or their interactions by fluorescencepolarization.
        Reasoning:
        — scientific apparatus
        — existence of production of apparatus of equivalent scientific value in the Community at date
             of order, in particular:
             'SP80' manufactured by the firm Applied Photophysics Ltd, 20 Albemarle Street, London
             W1X 3HA, United Kingdom.
        O O J N o L 105,23.4. 1983, p. 1.
        (2) OJ No L 220, 11.8. 1983, p. 20.
                      Commission communication pursuant to Article 115 of the EEC Treaty
                                                      (85/C 180/07)
        By Decision dated 16 July 1985 the Commission has authorized the Italian Republic not to
        apply Community treatment to radio receivers, non portable, for fitting to motor vehicles,
        falling within subheading ex 85.15 A III of the Common Customs Tariff, originating in Japan
        and in free circulation in the other Member States.
        The said Decision is applicable from 2 July to 30 September 1985.