title: 2004/753/EC, Euratom: Council Decision, taken by common accord with the nominee for Presidentof the Commission, of 5 November 2004 adoptingthe list of other persons whom the Council intends to appoint as Members ofthe Commission of the European Communities, repealing and replacing Decision2004/642/EC, Euratom

text:
               9.11.2004

               EN

               Official Journal of the European Union

               L 333/12

      COUNCIL DECISION,
   taken by common accord with the nominee for President of the Commission,
   of 5 November 2004
   adopting the list of other persons whom the Council intends to appoint as Members of the Commission of the European Communities, repealing and replacing Decision 2004/642/EC, Euratom
   (2004/753/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 213(1) and the second subparagraph of Article 214(2) thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 126(1) and the second subparagraph of Article 127(2) thereof,
   Whereas:

               (1)

               A new Commission, consisting of one national of each Member State, must be appointed for the period from the date of its appointment to 31 October 2009.

               (2)

               On 29 June 2004 the Council, meeting in the composition of the Heads of State or Government, nominated Mr José Manuel DURÃO BARROSO as the person it intends to appoint as President of the Commission (1).

               (3)

               The European Parliament approved that nomination by its resolution of 22 July 2004.

               (4)

               By Decision 2004/642/EC, Euratom (2), the Council adopted by common accord with the nominee for President of the Commission the list of other persons whom it intends to appoint as Members of the Commission.

               (5)

               By common accord with the nominee for President of the Commission, Decision 2004/642/EC, Euratom should be repealed before the list that it contains is submitted for a vote of approval by the European Parliament, and replaced by the present Decision.

               (6)

               The entry into force of the Treaty establishing a Constitution for Europe will entail the expiry of the term of the Member of the Commission who has the same nationality as the future European Union Minister for Foreign Affairs, who will be a Vice-President of the Commission,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following are hereby nominated by common accord with Mr José Manuel DURÃO BARROSO, nominee for President of the Commission, as the persons whom the Council intends to appoint as Members of the Commission of the European Communities for the period from the date of appointment of the new Commission to 31 October 2009:

               Mr Joaquín ALMUNIA AMANN

               Mr Jacques BARROT

               Mr Joe BORG

               Mr Stavros DIMAS

               Ms Benita FERRERO-WALDNER

               Mr Ján FIGEĽ

               Ms Mariann FISCHER BOEL

               Mr Franco FRATTINI

               Ms Dalia GRYBAUSKAITĖ

               Ms Danuta HÜBNER

               Mr Siim KALLAS

               Mr László KOVÁCS

               Ms Neelie KROES

               Mr Markos KYPRIANOU

               Mr Peter MANDELSON

               Mr Charlie McCREEVY

               Mr Louis MICHEL

               Mr Andris PIEBALGS

               Mr Janez POTOČNIK

               Ms Viviane REDING

               Mr Olli REHN

               Mr Vladimír ŠPIDLA

               Mr Günter VERHEUGEN

               Ms Margot WALLSTRÖM.

         Article 2
   Decision 2004/642/EC, Euratom is hereby repealed.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 5 November 2004.

            For the Council

            The President

         B. R. BOT

      (1)  OJ L 236, 7.7.2004, p. 15.

      (2)  OJ L 294, 17.9.2004, p. 30.


Avis juridique important

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32001D0131

2001/131/EC: Council Decision of 29 January 2001 concluding the consultation procedure with Haiti under Article 96 of the ACP-EC Partnership Agreement

Official Journal L 048 , 17/02/2001 P. 0031 - 0032

Council Decisionof 29 January 2001concluding the consultation procedure with Haiti under Article 96 of the ACP-EC Partnership Agreement(2001/131/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000, hereinafter referred to as "the ACP-EC Agreement", implemented in advance by Decision No 1/2000(1) of the ACP-EC Council of Ministers of 27 July 2000, and in particular Article 96 thereof,Having regard to the internal agreement on measures to be taken and procedures to be followed for the implementation of the ACP-EC Agreement, as provisionally applied by Decision 2000/771/EC(2) of the representatives of the Governments of the Member States of 18 September 2000, and in particular Article 3 thereof,Having regard to the proposal from the Commission,Whereas:(1) The essential elements referred to in Article 9 of the ACP-EC Agreement have been breached by non-compliance with the Electoral Law of Haiti.(2) In accordance with Article 96 of the ACP-EC Agreement, consultations took place with the ACP States and Haiti on 26 September 2000, on which occasion the Haitian authorities explained their position.(3) Democratic principles are still not upheld in Haiti.(4) Measures should therefore be taken as "appropriate measures" referred to under Article 96(2)(c) of the ACP-EC Agreement,HAS DECIDED AS FOLLOWS:Article 1The consultations opened with Haiti under Article 96 of the ACP-EC Agreement are hereby terminated.Article 2The measures described in the letter appearing in the Annex shall be adopted as "appropriate measures" referred to in Article 96(2)(c) of the ACP-EC Agreement.Article 3This Decision shall enter into force on the day of its adoption.It shall expire on 31 December 2001.It shall be reviewed before 31 December 2001 at the latest.Article 4This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 29 January 2001.For the CouncilThe PresidentM. Winberg(1) OJ L 195, 1.8.2000, p. 46.(2) OJ L 317, 15.12.2000, p. 375.ANNEXLetter to be addressed to the Government of HaitiDear Sir,The European Union attaches great importance to Article 9 of the ACP-EC Agreement. Democratic principles and the rule of law, on which the ACP-EU partnership is founded, are essential elements of the Agreement and thus form the cornerstone of our relations.In this spirit, the Union has closely followed the electoral process in Haiti and is concerned about the irregularities mentioned in the report of the Organisation of American States observer mission, in particular the non-compliance with the Electoral Law in the election of senators after the first round.This is why the Union expressed disquiet about the electoral process in its declaration of 12 July 2000 and signalled that failure to take account of its concerns might have repercussions on cooperation with Haiti.The Council of the European Union therefore decided on 2 August 2000 to invite the Haitian authorities and the ACP States to enter into consultations with a view to a thorough examination of the situation and finding ways of remedying it.These consultations were held in Brussels on 26 September and a number of crucial issues were discussed. The Haitian authorities, represented by His Excellency Mr Fritz Longchamp, Foreign Minister, explained their position and gave their analysis of the situation.This exchange of views did not, however, lead to progress in finding a satisfactory solution to the issues raised by the Union, which then drafted provisional conclusions expressing regret that its concerns had not been taken into account and envisaging the possibility of appropriate measures as defined in the ACP-EC Agreement. In its conclusions the Union also signalled its awareness of the serious social and economic situation in the country and the importance of not penalising the Haitian people.Now, the Council of the European Union has decided, in accordance with its provisional conclusions of 26 September, to terminate the consultations opened under Article 96 of the ACP-EC Agreement. The Council of the European Union has thus decided to take the following appropriate measures under Article 96(2)(c):(a) not making available the second PIN tranche of the eighth EDF of EUR 44,4 million,(b) suspension of direct budget aid. This mainly affects structural adjustment programmes and food security,(c) redirection of the remaining funds of the first PIN tranche of the eighth EDF to projects that are of direct benefit to the Haitian people, to strengthen civil society and the private sector, and are liable to support democratisation and underpin the rule of law,(d) preparations for ninth EDF programming by the Commission delegation in Haiti, which will consult the Haitian Government if necessary. Unless otherwise decided by the Council of the European Union, no allocation of resources shall be notified while this Decision is valid.The objective of the Union remains not to penalise the Haitian people while signalling its disapproval of the failure to comply with basic democratic principles. It will monitor closely developments with regard to respect of fundamental democratic freedoms and human rights. It reiterates its readiness to engage in an enhanced political dialogue and contribute to the process of democratisation. To this end, it is ready to review this Decision before 31 December 2001 if there are encouraging developments but reserves the right to take further measures if there is no improvement.For the CommissionFor the Council


Avis juridique important

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31995D0463

95/463/EC: Council Decision of 30 October 1995 appointing a member and an alternate member of the Committee of the Regions

Official Journal L 267 , 09/11/1995 P. 0041 - 0041

COUNCIL DECISION of 30 October 1995  appointing a member and an alternate member of the Committee of the Regions (95/463/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 198a  thereof, Having regard to the Council Decision of 26 January 1994 appointing members and alternate members  of the Committee of the Regions for the period 26 January 1994 to 25 January 1998  (1), Whereas a seat as a member on the Committee has become vacant following the resignation of Mr Juan  Cruz Alli Aranguren, notified to the Council on 12 October 1995; Whereas a seat as an alternate member on the Committee has become vacant following the resignation  of Mr Miguel Sanz Sesma, notified to the Council on 12 October 1995; Having regard to the proposal from the Spanish Government, HAS DECIDED AS FOLLOWS: Sole Article Mr Javier Otano Cid is hereby appointed a member of the Committee  of the Regions in place of Mr Juan Cruz Alli Aranguren for the remainder of the latter's term of  office, which runs until 25 January 1998. Mr Juan Cruz Alli Aranguren is hereby appointed an alternate member of the Committee of the Regions  in place of Mr Miguel Sanz Sesma for the remainder of the latter's term office, which runs until 25  January 1998. Done at Luxembourg, 30 October 1995. For the Council The President J. SAAVEDRA ACEVEDO


title: Council Decision (CFSP) 2016/2384 of 22 December 2016 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and amending Decision (CFSP) 2016/1136

text:
               23.12.2016

               EN

               Official Journal of the European Union

               L 352/92

         COUNCIL DECISION (CFSP) 2016/2384
   of 22 December 2016
   updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and amending Decision (CFSP) 2016/1136
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 27 December 2001, the Council adopted Common Position 2001/931/CFSP (1).

               (2)

               On 12 July 2016, the Council adopted Decision (CFSP) 2016/1136 (2), updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP.

               (3)

               The Council has determined that an additional three persons have been involved in terrorist acts within the meaning of Article 1(2) and (3) of Common Position 2001/931/CFSP, that a decision has been taken with respect to them by a competent authority within the meaning of Article 1(4) of that Common Position, and that those persons should be added to the list of persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply.

               (4)

               The list of persons, groups and entities to which Common Position 2001/931/CFSP applies should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Annex to Decision (CFSP) 2016/1136 is amended as set out in the Annex to this Decision.
   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, 22 December 2016.

            For the Council

            The President

         M. LAJČÁK

      (1)  Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (OJ L 344, 28.12.2001, p. 93).

      (2)  Council Decision (CFSP) 2016/1136 of 12 July 2016 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2015/2430 (OJ L 188, 13.7.2016, p. 21).

      ANNEX
      The persons listed below are added to the list of persons set out in Section I (Persons) of the Annex to Decision (CFSP) 2016/1136:

                  —

                  EL HAJJ, Hassan Hassan, born 22 March 1988 in Zaghdraiya, Sidon (Lebanon), Canadian citizen. Passport number: JX446643 (Canada),

                  —

                  MELIAD, Farah (a.k.a. HUSSEIN HUSSEIN, a.k.a. JAY DEE), born 5 November 1980 in Sydney (Australia), Australian citizen. Passport number: M2719127 (Australia),

                  —

                  ȘANLI, Dalokay (a.k.a Sinan), born 13 October 1976 in Pülümür (Turkey).


title: 2010/9/EU: Commission Decision of 6 January 2010 on the safety requirements to be met by European standards for bath rings, bathing aids and bath tubs and stands for infants and young children pursuant to Directive 2001/95/EC of the European Parliament and of the Council (notified under document C(2009) 10290) Text with EEA relevance

text:
               7.1.2010

               EN

               Official Journal of the European Union

               L 3/23

         COMMISSION DECISION
   of 6 January 2010
   on the safety requirements to be met by European standards for bath rings, bathing aids and bath tubs and stands for infants and young children pursuant to Directive 2001/95/EC of the European Parliament and of the Council
   (notified under document C(2009) 10290)
   (Text with EEA relevance)
   (2010/9/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (1), and in particular Article 4(1)(a) thereof,
   Whereas:

               (1)

               Directive 2001/95/EC provides for European standards to be established by European standardisation bodies. These standards should ensure that products satisfy the general safety requirement of the Directive.

               (2)

               Under Directive 2001/95/EC a product is presumed safe, as far as the risks and risk categories covered by national standards are concerned, when it conforms to voluntary national standards transposing European standards.

               (3)

               In 2006 the Commission commissioned a study (2) to assess the safety of several child-care articles which are commonly used for the care of infants and young children from 0 until 5 years of age, in cooperation with national authorities, national standardisation bodies, consumer associations, product safety organisations, economic operators and testing laboratories.

               (4)

               For these products, the study collected relevant statistics on accidents and injuries in the EU and worldwide and carried out a complete risk assessment, based on identification of the main hazards and assessment of exposure scenarios.

               (5)

               Bath rings, bathing aids and bath tubs, whether or not combined with stands, are amongst the products assessed by the study. These products are used to bath babies and young children and have been identified as posing serious risks, mainly of drowning accidents which have often resulted in fatalities, due to the young age of the users.

               (6)

               Evidence and statistics gathered from accidents consistently show that the risk of drowning is due to insufficient, inconclusive and inconspicuous warnings and instructions on the safe use of products and to their poor structural integrity and resistance. Accidents and statistics have also revealed risks of falling, injury and ingestion of small parts associated with the use of these products and inadequate supervision on the part of the carer.

               (7)

               Although there is extensive information worldwide on bath-drowning accidents and injuries in early childhood, a direct correlation between the use of bath-assisting devices and fatalities or accidents in the bath is unconfirmed. Researchers and scientific literature worldwide concur that there is no decisive evidence demonstrating a link between the increase in the number of accidents and the use of bath-assisting devices (3). Some researchers, observing latest trends of the increase in the sales of bath rings and the decrease in bath-related accidents and drowning, have even claimed a ‘small protective effect’ due the use of bath rings (4).

               (8)

               No European standards exist for these three types of products. It is therefore necessary to determine specific requirements under Article 4(1)(a) of Directive 2001/95/EC, with the view to requesting the standardisation bodies to develop standards to reduce the risks associated with the use of bath rings, bath aids and bath tubs (whether or not combined with stands) while bathing babies or young children. These standards should be developed according to the procedure laid down in Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (5). The reference of the standard adopted should be published in the Official Journal of the European Union, in accordance with Article 4(2) of Directive 2001/95/EC.

               (9)

               Once the relevant standards are available, and provided that the Commission decides to publish their reference in the Official Journal, according to the procedure laid down in Article 4(2) of Directive 2001/95/EC, bath rings, bathing aids and bath tubs (whether or not combined with stands) manufactured in compliance with such standards should be presumed to conform to the general safety requirement of Directive 2001/95/EC, as far as the safety requirements covered by the standards are concerned.

               (10)

               To improve the current safety levels while using these products, it is necessary to both take action on standards and provide parents and adult caregivers with information on the purpose and safe use of these products.

               (11)

               The measures provided for in this Decision are in accordance with the opinion of the Committee set up under Article 15 of Directive 2001/95/EC,

         HAS ADOPTED THIS DECISION:
   Article 1
   Definitions
   For the purposes of this Decision:

               —

               ‘bath rings for babies’ (‘bath seat’) means products allowing to keep a child in a seated position during bathing. These products are intended for use only with a child who is able to sit upright unassisted and should not be used when the child begins pulling up to a standing position.

               —

               ‘bathing aids for babies’ means products allowing to keep a child in a reclined or lying position during bathing. These products are intended for use from birth and until the child is able to sit upright unassisted.

               —

               ‘bath tubs for babies and young children’ means products designed for bathing children from birth up to 12 months. These products can be used as stand-alone products, placed in or on the rim of a regular bathtub or on the floor, or combined with stands.

         Article 2
   Requirements
   The specific safety requirements for the products referred to in Article 1 to be met by European standards pursuant to Article 4 of Directive 2001/95/EC shall be set out in the Annex to this Decision.
   Article 3
   Publication
   This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

      Done at Brussels, 6 January 2010.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 11, 15.1.2002, p. 4.

      (2)  http://ec.europa.eu/consumers/safety/projects/ongoing-projects_en.htm#project_results

      (3)  ‘Drowning of babies in bath seats: do they provide false reassurance?’ in Royal Society for the Prevention of Accidents (UK). February 2005.
   http://www.rospa.com/productsafety/info/bathseats_drowning.pdf

      (4)  Comments to CPSC on Advance Notice of Proposed Rulemaking on baths seats and rings by Harvard School of Public Health — Department of Health Policy and Management. May 2001. http://www.cpsc.gov/LIBRARY/FOIA/foia01/pubcom/commenta.pdf

      (5)  OJ L 204, 21.7.1998, p. 37.

      ANNEX

         Specific safety requirements for bath rings

      RISKS: The main risk associated with the product is drowning.
      1.   SAFETY REQUIREMENTS
      (1)   General safety requirements

      Articles shall not jeopardise the safety or health of children and carers when they are used as intended or in a foreseeable way, bearing in mind the behaviour of children. The ability of the child and their carers shall be taken into account, in particular, for articles which, by virtue of their functions, dimensions and characteristics, are intended for use by children of under 10 months. Labels on articles or on their packaging and accompanying instructions for use shall draw the attention of users or carers to the hazards and risks of harms inherent in using the articles and to the way of avoiding them.
      (2)   Specific safety requirements

         Chemical requirements

      Bath rings shall comply with relevant EU legislation.

         Fire and thermal properties

      To prevent the risk of scalding from hot water pouring from the tap, instructions shall be given to carers to pay attention to the temperature of the water and to prevent the child from gaining access to the tap.

         Physical and mechanical properties

      Entrapment hazards from gaps and openings
      Articles shall be designed and manufactured in order to prevent:

                  —

                  Entrapment of fingers as far as possible.

                  —

                  Entrapment of legs maintaining the child submerged in an opening through which the child was able to slip.

            Hazards from moving parts
      Articles designed to fold shall have a folding mechanism that cannot be activated by a child or by inadvertent action on the part of the carers. It shall not be possible to erect the product without activating the locking mechanism. Changes in the spacing due to the movement of the child, in particular when his/her weight shifts (between the seat base and the bath tub) shall be prevented and shall not cause severe crushing. Rotating seat bases shall be designed as far as possible in order to prevent lacerations and crushing of the child when they are operated.
      Falling hazards
      To reduce the risk of falling that could result in drowning; the article and its attachment to the bath tub shall be able to withstand internal and external forces applied by the child that could cause it to tip over. In particular, the article shall not tip over when a child leans in any direction, tries to stand up or pushes the seat over.
      Choking hazards
      To reduce the risk of choking, the article shall not comprise small parts which are detachable by the force a child can apply and which can fit completely into a child’s mouth. To reduce the risk of choking, filling materials that constitute choking hazards shall not become accessible when submitted to the force a child can apply, in particular by biting.
      Suffocation hazards
      The article shall not comprise plastic decals which are detachable by the force a child can apply or any other impermeable sheeting of the bath ring which can cover both the mouth and the nose and constitute a suffocation hazard. The packaging in which the articles are contained must not constitute a risk of suffocation by obstructing the mouth and nose airways.
      Ingestion hazards
      To reduce the risk of ingestion, the article shall not comprise separate or small parts which are detachable by the force a child can apply and which can pass into the oesophagus.
      Hazardous edges
      Accessible edges shall be designed to prevent lacerations and wounds, especially edges in direct contact with the skin of the child.
      Structural integrity
      Securing devices (suction cups or other means) that are essential to attach the product shall maintain performance during the lifetime of the product.
      To prevent breaking of components likely to cause physical injury, articles shall be able to withstand mechanical stress to which they are subjected during use.
      Protective function
      To prevent suffocation by drowning, articles shall be designed to accommodate the child in a sitting position only. The design shall take into account relevant anthropometric data relevant to the age range. The protective function must enable the child to be removed easily in an emergency situation
      Hazards resulting from action of the child on the securing device of the articles
      To prevent drowning hazards, the securing device shall not be able to be activated by a child or by inadvertent action on the part of the carers.
      Specific warnings for the article
      Warnings and instructions for use shall clearly state that

                  —

                  the carer shall at all times be in contact with the child

                  —

                  drowning can occur in a very short time and in very shallow water (± 2 cm)

                  —

                  the article does not provide any additional safety related to water hazards and drowning has occurred with bath rings.

            Warnings and information should be conspicuously displayed on the packaging, on the product and at the point of sale and should be complemented with pictograms.
      The warning label shall be durable and should remain visible when the child is in the bath ring.
      Information on the vulnerable age range of children (5 to 10 months) shall be provided to carers.
      Hygiene
      Bath rings shall be designed to be washable and capable of being dried.

         Specific safety requirements for bathing aids

      RISKS: The main risk associated with the product is drowning.
      2.   SAFETY REQUIREMENTS
      (1)   General safety requirements

      Articles shall not jeopardise the safety or health of children and carers when they are used as intended or in a foreseeable way, bearing in mind the behaviour of children. The ability of the child and their carers shall be taken into account, in particular for articles which, by virtue of their functions, dimensions and characteristics, are intended for use by children under 9 months. Labels on articles or on their packaging and accompanying instructions for use shall draw the attention of users or carers to the hazards and risks of harm inherent in using the articles and to the way of avoiding them.
      (2)   Specific safety requirements

         Chemical requirements

      Bathing aids for babies shall comply with relevant EU legislation.

         Fire and thermal properties

      To prevent the risk of scalding from hot water running from the tap, instructions shall be given to the carers to pay attention to the temperature of the water and to prevent the child from gaining access to the tap.

         Physical and mechanical properties

      Entrapment hazards from gaps and openings
      Articles shall be designed and manufactured in order to prevent entrapment of fingers as far as possible.
      Strangulation
      Articles shall be designed and manufactured to prevent strangulation.
      Falling hazards
      To reduce the risk of falling that could result in drowning, the article and its attachment to the bath tub shall be able to withstand internal and external forces applied by the child that could cause it to tip over. In particular the article shall not tip over when a child leans in any direction, tries to stand up or pushes the seat over.
      Choking hazards
      To reduce the risk of choking, the article shall not comprise small parts which are detachable by the force a child can apply and which can fit completely into a child’s mouth. To reduce the risk of choking, filling materials that constitute a choking hazard shall not become accessible when submitted to the force a child can apply, in particular by biting.
      Suffocation hazards
      The article shall not comprise plastic decals which are detachable by the force a child can apply, or other impermeable sheeting of the bathing aid which can cover both the mouth and the nose and constitute a suffocation hazard. The packaging in which the articles are contained must not constitute a risk of suffocation by obstructing the mouth and nose airways.
      Ingestion hazards
      To reduce the risk of ingestion, the article shall not comprise separate or small parts which are detachable by the force a child can apply and which can pass into the oesophagus.
      Hazardous edges
      Accessible edges shall be designed to prevent lacerations and wounds, especially edges in direct contact with the skin of the child.
      Structural integrity
      To prevent breaking of components likely to cause physical injury, articles shall be able to withstand mechanical stresses to which they are subjected to during use.
      Specific warnings for the article
      Warnings and instructions for use shall clearly state that:

                  —

                  the carer shall at all times be in contact with the child,

                  —

                  drowning can occur in a very short time and in very shallow water (± 2 cm),

                  —

                  the maximum level of water to prevent water entering into the child’s mouth,

                  —

                  the article does not provide any additional safety related to water hazards and drowning has occurred with bathing aids.

            Warnings and information should be conspicuously displayed on the packaging, on the product and at the point of sale and should be complemented with pictograms.
      The warning label shall be durable and should remain visible when the child is in the bathing aid.
      Information on the vulnerable age range of children (from birth up to 9 months) shall be provided to carers
      Hygiene
      The articles shall be designed to be easily cleanable and dried.

         Specific safety requirements for bath tubs for babies and bath stands

      RISKS: The main risks associated with the product are drowning and falling when the baby bath tub falls from its stand or support.
      3.   SAFETY REQUIREMENTS
      (1)   General safety requirements

      Articles shall not jeopardise the safety or health of children and carers when they are used as intended or in a foreseeable way, bearing in mind the behaviour of children. The ability of the child and their carers shall be taken into account, in particular, for articles which, by virtue of their functions, dimensions and characteristics, are intended for use by children of under 12 months. Labels on articles or on their packaging and accompanying instructions for use shall draw the attention of users or carers to the hazards and risks of harm inherent in using the articles and to the way of avoiding them.
      (2)   Specific safety requirements

         Chemical requirements

      Baby bath tubs and stands for baths shall comply with relevant EU legislation.

         Fire and thermal properties

      To prevent the risk of scalding from hot water pouring from the tap, instructions shall be given to the carers to pay attention to the temperature of the water and to prevent the child from gaining access to the tap.

         Physical and mechanical properties

      Entrapment hazards from gaps and openings
      Articles shall be designed and manufactured in order to prevent entrapment of fingers as far as possible.
      Strangulation
      Articles shall be designed and manufactured to prevent strangulation.
      Hazards from moving parts
      Articles designed to fold shall have a folding mechanism that cannot be activated by a child or by inadvertent action on the part of the carer. It shall not be possible to erect the product without activating the locking mechanism. Changes to the spacing due to movement of the child, in particular when his/her weight shifts shall be forbidden to prevent crushing.
      Falling hazards
      To prevent inadequate stability, the bath and its stand shall be designed and manufactured to withstand both the weight of the child and the bath water. The bath and its stand shall not tip over under stress due to movement of the child or inadvertent movement of the carer. In particular, the article shall not tip over when a child leans in any direction or tries to stand up.
      Choking hazards
      To reduce the risk of choking, the article shall not comprise small parts which are detachable by the force that a child can apply and which can fit completely into a child’s mouth. To reduce the risk of choking, filling materials that constitute choking hazards shall not become accessible when submitted to the force a child can apply, in particular by biting.
      Suffocation hazards
      The article shall not comprise plastic decals which are detachable by the force a child can apply or other impermeable sheeting of the bath tub which can cover both the mouth and the nose and constitute a suffocation hazard. The packaging in which the articles are contained must not constitute a risk of suffocation by obstructing the mouth and nose airways.
      Ingestion hazards
      To reduce the risk of ingestion, the article shall not comprise separate or small parts which are detachable by the force a child can apply and which can pass into the oesophagus.
      Hazardous edges
      Accessible edges shall be designed to prevent lacerations and wounds, especially edges in direct contact with the skin of the child.
      Structural integrity
      To prevent collapsing or breaking of components likely to cause physical injury, the article shall be able to withstand mechanical stress to which they are subjected during use. To prevent degradation of components likely to cause injury, material used to manufacture bath tubs and stands shall have characteristics that maintain performance during the lifetime of the product, in particular taking into account thermal changes.
      Hazards due to the combination of two separate items
      Device attaching the tub to the stand shall be able to withstand mechanical stress to with they are subjected during use. For stands and bath tubs sold separately, warnings and instructions for use shall indicate the references of products that can be safely used together.
      Specific warnings for the article
      Warnings and instructions for use shall clearly state that:

                  —

                  the carer shall at all times be in contact with the child,

                  —

                  drowning can occur in a very short time and in very shallow water (± 2 cm), the articles do not provide any additional safety related to water hazards and that drowning has occurred with bath tubs.

            Warnings and information should be conspicuously displayed on the packaging, on the product and at the point of sale and should be complemented with pictograms.
      The warning label shall be durable and should remain visible when the child is in the bath tub.
      Information on the vulnerable age range of children (less than 12 months) shall be provided to carers.
      Bath tubs shall have a warning to prevent carers from installing tubs on an elevated position in combination with articles such as tables.
      Hygiene
      The articles shall be designed to be easily washable and dried.


title: 90/608/EEC: Council Decision of 27 July 1990 concerning the conclusion of the Agreement between the European Economic Community and the Kingdom of Thailand on trade in textile products

text:
No L 325 / 40                                 Official Journal of the European Communities                                  23 . 11 . 90
                                                          COUNCIL DECISION
                                                              of 27 July 1990
                   concerning the conclusion of the Agreement between the European Economic Community and
                                          the Kingdom of Thailand on trade in textile products
                                                              (90 / 608 / EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                  textile products is hereby approved on behalf of the
                                                                           Community.
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113
thereof,                                                                   The text of the Agreement is attached to this Decision .
Having regard to the proposal from the Commission,
Whereas the Agreement negotiated between the European                                                Article 2
Economic Community and the Kingdom of Thailand on
trade in textile products initialled in Brussels on 28 June
 1986 and applied on a provisional basis by Decision                       The President of the Council is hereby authorized to
 87 / 460 / EEC (*), as from 1 January 1987, should be                     designate the person empowered to sign the above
approved ,                                                                 Agreement in order to bind the Community.
HAS DECIDED AS FOLLOWS :
                                                                           Done at Brussels , 27 July 1990 .
                             Article, 1                                                                        For the Council
                                                                                The President
The Agreement between the European Economic
Community and the Kingdom of Thailand on trade in                                                                 E. RUBBI
(») OJ No L 255 , 5 . 9 . 1987 , p. 126 .
                                                                                /


Important legal notice

|

52007BP0114(01)

1. European Parliament decision of 24 April 2007 on the discharge for implementation of the budget of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2005 (C6-0387/2006 - 2006/2154(DEC))

Official Journal 074 E , 20/03/2008 P. 0190 - 0191

		1.European Parliament decision of 24 April 2007 on the discharge for implementation of the budget of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2005 (C6-0387/2006 — 2006/2154(DEC))The European Parliament,- having regard to the final annual accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2005 [1],- having regard to the Court of Auditors' report on the final annual accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2005, together with the Foundation's replies [2],- having regard to the Council's recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),- having regard to the EC Treaty, and in particular Article 276 thereof,- having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities [3], and in particular Article 185 thereof,- 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 [4], and in particular Article 16 thereof,- having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 [5], and in particular Article 94 thereof,- having regard to Rule 71 of and Annex V to its Rules of Procedure,- having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A6-0098/2007),1. Grants the executive director of the European Foundation for the Improvement of Living and Working Conditions discharge for the implementation of the Foundation's budget for the financial year 2005;2. Sets out its observations in the resolution below;3. Instructs its President to forward this decision and the resolution that forms an integral part of it to the executive director of the European Foundation for the Improvement of Living and Working Conditions, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).[1] OJ C 266, 31.10.2006, p. 37.[2] OJ C 312, 19.12.2006, p. 80.[3] OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).[4] OJ L 139, 30.5.1975, p. 1. Regulation as last amended by Regulation (EC) No 1111/2005 (OJ L 184, 15.7.2005, p. 1).[5] OJ L 357, 31.12.2002, p. 72.--------------------------------------------------


Avis juridique important

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31984D0132

84/132/EEC: Council Decision of 1 March 1984 on the conclusion of the Protocol concerning Mediterranean specially protected areas

Official Journal L 068 , 10/03/1984 P. 0036 - 0045 Spanish special edition: Chapter 15 Volume 5 P. 0004  Portuguese special edition Chapter 15 Volume 5 P. 0004

*****COUNCIL  DECISION  of 1 March 1984  on the conclusion of the Protocol concerning Mediterranean specially protected areas  (84/132/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas the action programmes of the European Communities on the environment (2) stress the need to protect and to purify the sea, in order for it to continue to play its part in the preservation and development of species, and to maintain the vital ecological balance;  Whereas the second action programme of the European Communities on the environment underlines the urgent need for international solutions to the problem of the development and ecological management of coastal regions;  Whereas the third action programme of the European Communities on the environment (3), of which the Council and the representatives of the Governments of the Member States approved the main principles on 7 February 1983, makes particular reference to the need for a rational policy for the protection and management of natural resources;  Whereas cooperation with the developing countries, and in particular with the Community's Mediterranean partners, for the purposes of protecting the environment is one of the objectives of the second action programme of the European Communities on the environment;  Whereas Article 4 of the Convention on the protection of the Mediterranean Sea against pollution, approved by the Community by Decision 77/585/ EEC (4), empowers the contracting parties to adopt Additional Protocols prescribing measures, procedures and standards for the implementation of the said Convention; whereas, pursuant to this Article, the Mediterranean States represented at a conference of plenipotentiaries held in Geneva on 2 and 3 April 1982 signed a Protocol concerning Mediterranean specially protected areas;  Whereas the Community has also approved, by Decision 75/585/EEC, the Protocol for the prevention of pollution of the Mediterranean Sea by dumping from ships and aircraft, and, by Decision 81/420/EEC (5), the Protocol concerning cooperation in combating pollution of the Mediterranean Sea by oil and other harmful substances in cases of emergency and, by Decision 83/101/EEC (6), the Protocol concerning the protection of the Mediterranean Sea from land-based sources of pollution;  Whereas the Protocol concerning Mediterranean specially protected areas provides for the possible adoption of measures concerning trade, imports and exports of the fauna and flora protected by it and could, therefore, affect the common commercial policy and the free movement of goods between Member States;  Whereas some provisions of the said Protocol could affect Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (1), Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (2), Council Directive 79/923/EEC of 30 October 1979 on the quality required of shellfish waters (3) and Council Regulation (EEC) No 348/81 of 20 January 1981 on common rules for imports of cetacean products (4);  Whereas the said Protocol sets out to safeguard the common natural resources of the region, to preserve the diversity of the indigenous species and to protect certain natural habitats by setting up a number of specially protected areas;  Whereas most of the signatories to the Convention on the protection of the Mediterranean Sea against pollution and to the annexed Protocols enjoy, within the framework of the Community's overall approach to the Mediterranean, a special relationship with the Community, particularly as regards cooperation; whereas the Protocol concerning Mediterranean specially protected areas lays down detailed rules for such cooperation in the sectors which it covers;  Whereas the Community signed the said Protocol on 30 March 1983;  Whereas the Community will participate in the implementation of the said Protocol by exercising its competence as resulting from the existing common rules as well as those acquired as a result of future acts adopted by the Council, and by using the results of Community actions (research - exchange of information) in the fields concerned;  Whereas it appears necessary that the Community should approve the said Protocol in order to attain, in the course of the operation of the common market, one of the objectives set by the Community in the field of the protection of the environment and of the quality of life; whereas, since the Treaty does not provide the specific powers of action required for adopting this Decision, recourse should be had to Article 235 thereof,  HAS DECIDED AS FOLLOWS:  Article 1  The Protocol concerning Mediterranean specially protected areas is hereby approved on behalf of the European Economic Community.  The text of the Protocol is attached to this Decision.  Article 2  The President of the Council shall deposit the acts as provided for in Article 18 of the Protocol referred to in Article 1.  Done at Brussels, 1 March 1984.  For the Council  The President  H. BOUCHARDEAU  (1) OJ No C 322, 28. 11. 1983, p. 278.  (2) OJ No C 112, 20. 12. 1973, p. 1 and OJ No C 139, 13. 6. 1977, p. 1.  (3) OJ No C 46, 17. 2. 1983, p. 1.  (4) OJ No L 240, 19. 9. 1977, p. 1.  (5) OJ No L 162, 19. 6. 1981, p. 4.  (6) OJ No L 67, 12. 3. 1983, p. 1.  (1) OJ No L 129, 18. 5. 1973, p. 23.  (2) OJ No L 103, 25. 4. 1979, p. 1.  (3) OJ No L 281, 10. 11. 1979, p. 47.  (4) OJ No L 39, 12. 2. 1981, p. 1.  PROTOCOL  concerning Mediterranean specially protected areas  THE CONTRACTING PARTIES TO THIS PROTOCOL,  BEING PARTIES TO THE CONVENTION for the protection of the Mediterranean Sea against pollution, adopted at Barcelona on 16 February 1976,  CONSCIOUS of the danger threatening the environment of the Mediterranean Sea area as a whole, in view of the increasing human activities in the region,  TAKING INTO ACCOUNT the special hydrographic and ecological characteristics of the Mediterranean Sea area,  STRESSING the importance of protecting and, as appropriate, improving the state of the natural resources and natural sites of the Mediterranean Sea, as well as of their cultural heritage in the region, among other means by the establishment of specially protected areas including marine areas and their environment,  DESIROUS of establishing close cooperation among themselves in order to achieve that objective,  HAVE AGREED AS FOLLOWS:  Article 1  1. The Contracting Parties to this Protocol (hereinafter referred to as 'the Parties') shall take all appropriate measures with a view to protecting those marine areas which are important for the safeguard of the natural resources and natural sites of the Mediterranean Sea area, as well as for the safeguard of their cultural heritage in the region.  2. Nothing in this Protocol shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to resolution 2750 C (XXV) of the General Assembly of the United Nations, nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction.  Article 2  For the purposes of the designation of specially protected areas (hereinafter referred to as 'protected areas'), the area to which this Protocol applies shall be the Mediterranean Sea area as defined in Article 1 of the Convention for the protection of the Mediterranean Sea against pollution (hereinafter referred to as 'the Convention'); it being understood that, for the purposes of the present Protocol, it shall be limited to the territorial waters of the Parties and may include waters on the landward side of the baseline from which the breadth of the territorial sea is measured and extending, in the case of watercourses, up to the freshwater limit. It may also include wetlands or coastal areas designated by each of the Parties  Article 3  1. The Parties shall, to the extent possible, establish protected areas and shall endeavour to undertake the action necessary in order to protect those areas and, as appropriate, restore them, as rapidly as possible.  2. Such areas shall be established in order to safeguard in particular:  (a) - sites of biological and ecological value,  - the genetic diversity, as well as satisfactory population levels, of species, and their breeding grounds and habitats,  - representative types of ecosystems, as well as ecological processes;  (b) sites of particular importance because of their scientific, aesthetic, historical, archaeological, cultural or educational interest.  Article 4  The Parties to this Protocol shall, at their first meeting, formulate and adopt, if necessary in cooperation with the competent international organizations, common guidelines and, if needed, standards or criteria dealing in particular with:  (a) the selection of protected areas;  (b) the establishment of protected areas;  (c) the management of protected areas;  (d) the notification of information on protected areas. Article 5  The Parties may strengthen the protection of a protected area by establishing, within the area to which this Protocol applies, one or more buffer areas in which activities are less severely restricted while remaining compatible with the purposes of the protected area.  Article 6  1. If a Party intends to establish a protected area contiguous to the frontier or to the limits of the zone of national jurisdiction of another Party, the competent authorities of the two Parties shall endeavour to consult each other with a view to reaching agreement on the measures to be taken and shall, among other things, examine the possibility of the establishment by the other Party of a corresponding protected area or the adoption by it of any other appropriate measure.  2. If a Party intends to establish a protected area contiguous to the frontier or to the limits of the zone of national jurisdiction of a State which is not a party to this Protocol, the Party shall endeavour to work together with the competent authorities of that State with a view to holding the consultations referred to in paragraph 1.  3. If contiguous protected areas are established by two Parties, or by one Party and by a State which is not a party to this Protocol, special agreements may provide for the means whereby the consultation or the collaboration contemplated in paragraphs 1 and 2 respectively may take place.  4. If a State which is not a party to this Protocol intends to establish a protected area continguous to the frontier or to the limits of the zone of national jurisdiction of a Party to this Protocol, the latter shall endeavour to work together with that State with a view to holding consultations, and possibly concluding a special agreement as referred to in paragraph 3.  Article 7  The Parties, having regard to the objectives pursued and taking into account the characteristics of each protected area, shall, in conformity with the rules of international law, progressively take the measures required, which may include:  (a) the organization of a planning and management system;  (b) the prohibition of the dumping or discharge of wastes or other matter which may impair the protected area;  (c) the regulation of the passage of ships and any stopping or anchoring;  (d) the regulation of fishing and hunting and of the capture of animals and harvesting of plants;  (e) the prohibition of the destruction of plant life or animals and of the introduction of exotic species;  (f) the regulation of any act likely to harm or disturb the fauna or flora, including the introduction of indigenous zoological or botanical species;  (g) the regulation of any activity involving the exploration or exploitation of the sea-bed or its subsoil or a modification of the sea-bed profile;  (h) the regulation of any activity involving a modification of the profile of the soil or the exploitation of the subsoil of the land part of a marine protected area;  (i) the regulation of any archaeological activity and of the removal of any object which may be considered as an archaeological object;  (j) the regulation of trade in and import and export of animals, parts of animals, plants, parts of plants and archaeological objects which originate in protected areas and are subject to measures of protection;  (k) any other measure aimed at safeguarding ecological and biological processes in protected areas.  Article 8  1. The Parties shall give appropriate publicity to the establishment of protected areas, as well as of the areas provided for in Article 5, and to their markings and the regulations applying thereto.  2. The information referred to in paragraph 1 shall be notified to the Organization designated in Article 13 of the Convention (hereinafter referred to as 'the Organization') which shall compile and keep up to date a directory of protected areas in the area to which this Protocol applies. The Parties shall supply the Organization with all the information necessary for that purpose.  Article 9  1. The Parties shall, in promulgating protective measures, take into account the traditional activities of their local populations. To the fullest extent possible, no exemption which is allowed for this reason shall be such as:  (a) to endanger either the maintenance of ecosystems protected under the terms of the present Protocol or the biological processes contributing to the maintenance of those ecosystems;  (b) to cause either the extinction of or any substantial reduction in, the number of individuals making up the species or animal and plant populations within the protected ecosystems, or any ecologically connected species or populations, particularly migratory species and rare, endangered or endemic species.  2. Parties which allow exemptions with regard to protective measures or do not apply such measures strictly shall inform the Organization accordingly.  Article 10  The Parties shall encourage and develop scientific and technical research on their protected areas and on the ecosystems and archaeological heritage of those areas. Article 11  The Parties shall endeavour to inform the public as widely as possible of the significance and interest of the protected areas and of the scientific knowledge which may be gained from them from the point of view of both nature conservation and archaeology. Such information should have an appropriate place in education programmes concerning the environment and history. The Parties should also endeavour to promote the participation of their public and their nature conservation organizations in appropriate measures which are necessary for the protection of the areas concerned.  Article 12  The Parties shall, to the extent possible, establish a cooperation programme to coordinate the establishment, planning, management and conservation of protected areas, with a view to creating a network of protected areas in the Mediterranean region, taking fully into account existing networks, especially that of biosphere reserves of Unesco. There shall be regular exchanges of information concerning the characteristics of the protected areas, the experiences acquired and the problems encountered.  Article 13  The Parties shall, in accordance with the procedures set forth in Article 14, exchange scientific and technical information concerning current or planned research and the results expected. They shall, to the fullest extent possible, coordinate their research. They shall, moreover, endeavour to define jointly or to standardize the scientific methods to be applied in the selection, management and monitoring of protected areas.  Article 14  1. In applying the principles of cooperation set forth in Articles 12 and 13, the Parties shall forward to the Organization:  (a) comparable information for monitoring the biological development of the Mediterranean environment;  (b) reports, publications and information of a scientific, administrative and legal nature, in particular:  - on the measures taken by the Parties in pursuance of this Protocol for the protection of the protected areas,  - on the species present in the protected areas,  - on any threats to those areas, especially those which may come from sources of pollution outside their control.  2. The Parties shall designate persons responsible for protected areas. Those persons shall meet at least once every two years to discuss matters of joint interest and especially to propose recommendations concerning scientific, administrative and legal information as well as the standardization and processing of data.  Article 15  1. The Parties shall, directly or with the assistance of competent regional or other international organizations or bilaterally, cooperate, on the entry into force of this Protocol, in formulating and implementing programmes of mutual assistance and of assistance to those developing countries which express a need for it in the selection, establishment and management of protected areas.  2. The programmes contemplated in paragraph 1 should relate, in particular, to the training of scientific and technical personnel, scientific research, and the acquisition, utilization and production by those countries of appropriate equipment on advantageous terms to be agreed among the Parties concerned.  Article 16  Changes in the delimitation or legal status of a protected area or the suppression of all or part of such an area may not take place except under a similar procedure to that followed for its establishment.  Article 17  1. The ordinary meetings of the Parties to this Protocol shall be held in conjunction with the ordinary meetings of the Contracting Parties to the Convention held pursuant to Article 14 of the Convention. The Parties may also hold extraordinary meetings in conformity with that Article.  2. It shall be the function of the meetings of the Parties to this Protocol, in particular:  (a) to keep under review the implementation of this Protocol;  (b) to consider the efficacy of the measures adopted, having regard in particular to the area to which the Protocol applies, and to examine the need for other measures, in particular in the form of annexes, or for envisaging, if necessary, an alteration to that area, in conformity with the provisions of Article 16 of the Convention;  (c) to adopt, review and amend as required any Annex to this Protocol;  (d) to monitor the establishment and development of the network of protected areas provided by Article 12, and to adopt guidelines to facilitate the establishment and development of that system and to increase cooperation among the Parties;  (e) to consider the recommendations made by the meetings of the persons responsible for the protected areas, as provided by Article 14 (2);  (f) to consider reports transmitted by the Parties to the Organization under Article 20 of the Convention and any other information which the Parties may transmit to the Organization or to the meeting of the Parties. Article 18  1. The provisions of the Convention relating to any protocol shall apply with respect to this Protocol.  2. The rules of procedure and the financial rules adopted pursuant to Article 18 (2) of the Convention shall apply with respect to this Protocol, unless the Parties to this Protocol agree otherwise.  3. This Protocol shall be open for signature, at Geneva on 3 and 4 April 1982, and at Madrid from 5 April 1982 to 2 April 1983 by any Contracting Party to the Convention and any State invited to the Conference of plenipotentiaries on the Protocol concerning Mediterranean specially protected areas, held at Geneva on 2 and 3 April 1982. It shall also be open for signature from 5 April 1982 to 2 April 1983 by any regional economic grouping of which at least one member is a coastal State of the Mediterranean Sea area and which exercises competence in fields covered by this Protocol.  4. This Protocol shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Government of Spain, which will assume the functions of depositary.  5. As from 3 April 1983, this Protocol shall be open for accession by the Contracting Parties to the Convention and by any State or grouping referred to in paragraph 3.  6. This Protocol shall enter into force on the 30th day following the deposit of at least six instruments of ratification, acceptance or approval of, or accession to, the Protocol.  In witness whereof, the undersigned, being duly authorized, have signed this Protocol.  Done at Geneva on this third day of April one thousand nine hundred and eighty two in a single copy in the Arabic, English, French and Spanish languages, the four texts being equally authoritative.


title: 2011/82/EU: Council Decision of 31 January 2011 on the conclusion of the Agreement between the European Union and the Swiss Confederation establishing the terms and conditions for the participation of the Swiss Confederation in the ‘Youth in Action’ programme and in the action programme in the field of lifelong learning (2007 to 2013)

text:
               8.2.2011

               EN

               Official Journal of the European Union

               L 32/1

         COUNCIL DECISION
   of 31 January 2011
   on the conclusion of the Agreement between the European Union and the Swiss Confederation establishing the terms and conditions for the participation of the Swiss Confederation in the ‘Youth in Action’ programme and in the action programme in the field of lifelong learning (2007 to 2013)
   (2011/82/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 165(4) and 166(4), in conjunction with Article 218(6)(a) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               The Commission has negotiated, on behalf of the European Union, the Agreement between the European Union and the Swiss Confederation establishing the terms and conditions for the participation of the Swiss Confederation in the ‘Youth in Action’ programme and in the action programme in the field of lifelong learning (2007 to 2013) (hereinafter ‘the Agreement’), established respectively by Decisions No 1719/2006/EC (1) and No 1720/2006/EC (2) of the European Parliament and of the Council of 15 November 2006.

               (2)

               The Agreement was signed, on behalf of the Union, on 15 February 2010, subject to its conclusion at a later date, in accordance with Council Decision 2010/195/EU (3).

               (3)

               The Agreement should be concluded,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and the Swiss Confederation establishing the terms and conditions for the participation of the Swiss Confederation in the ‘Youth in Action’ programme and in the action programme in the field of lifelong learning (2007 to 2013) (hereinafter ‘the Agreement’) is hereby approved on behalf of the Union (4).
   Article 2
   The President of the Council shall, on behalf of the Union, give the notifications provided for in Articles 3 and 5 of the Agreement.
   Article 3
   The Agreement is linked to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons (5) (hereinafter ‘the Agreement on the Free Movement of Persons’), concluded by Decision 2002/309/EC, Euratom (6) of the Council and of the Commission as provided for in Article 3 of the Agreement.
   Article 4
   In the event of denunciation of the Agreement, the Commission shall be authorised to settle the consequences of such denunciation with Switzerland in accordance with Article 3 of the Agreement.
   Article 5
   The Union’s position as regards the decisions of the Joint Committee of the Agreement on the Free Movement of Persons referred to in Article 4 of the Agreement (hereinafter ‘the Joint Committee’) shall be decided by the Commission when amendments are to be made to the Annexes to the Agreement in order to adapt them to the amendments of the acts of the Union referred to in the Agreement. For all other decisions of the Joint Committee regarding amendments to the Annexes to the Agreement, the Union’s position shall be decided by the Commission after having consulted the committee of the ‘Youth in Action’ programme and/or the committee of the action programme in the field of lifelong learning as applicable in accordance with the procedure referred to in Article 9(2) of Decision No 1719/2006/EC and Article 10(2) of Decision No 1720/2006/EC.
   Article 6
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 31 January 2011.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 327, 24.11.2006, p. 30.

      (2)  OJ L 327, 24.11.2006, p. 45.

      (3)  OJ L 87, 7.4.2010, p. 7.

      (4)  The Agreement was published in OJ L 87, 7.4.2010, p. 9 together with the Decision on the signing and provisional application.

      (5)  OJ L 114, 30.4.2002, p. 6.

      (6)  OJ L 114, 30.4.2002, p. 1.


title: 2010/733/EU: Council Decision of 29 November 2010 appointing a Finnish alternate member of the Committee of the Regions

text:
               2.12.2010

               EN

               Official Journal of the European Union

               L 316/9

         COUNCIL DECISION
   of 29 November 2010
   appointing a Finnish alternate member of the Committee of the Regions
   (2010/733/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Finnish Government,
   Whereas:

               (1)

               On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU and 2010/29/EU appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015 (1).

               (2)

               An alternate member’s seat on the Committee of the Regions has become vacant following the end of the mandate of Mr Miikka SEPPÄLÄ,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed to the Committee of the Regions as alternate member for the remainder of the current term of office, which runs until 25 January 2015:
   Mr Antero SAKSALA

      Pirkkalan kunnanvaltuuston jäsen

   Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Brussels, 29 November 2010.

            For the Council

            The President

         K. PEETERS

      (1)  OJ L 348, 29.12.2009, p. 22, and OJ L 12, 19.1.2010, p. 11.


Avis juridique important

|

31999D0366

1999/366/EC: Commission Decision of 4 June 1999 terminating the anti-dumping proceeding concerning imports of ferro-silicon originating in Egypt and Poland (notified under document number C(1999) 1466)

Official Journal L 142 , 05/06/1999 P. 0036 - 0044

COMMISSION DECISIONof 4 June 1999terminating the anti-dumping proceeding concerning imports of ferro-silicon originating in Egypt and Poland(notified under document number C(1999) 1466)(1999/366/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1), as last amended by Regulation (EC) No 905/98(2), and in particular Articles 9 and 10 thereof,After Consulting the Advisory Committee,Whereas:A. PROCEDURE1. Measures in force(1) Anti-dumping duties of 32 % on imports of ferro-silicon originating in Egypt and Poland have been in force since 1992, when definitive anti-dumping duties were imposed by Council Regulation (EEC) No 3642/92(3). The duties did not apply to exports by one Egyptian and one Polish exporting producer from which price undertakings were accepted by the Commission by Decisions 92/331/EEC(4) and 92/572/EEC(5) respectively.(2) As regards other anti-dumping measures currently in force, definitive anti-dumping measures on ferro-silicon were imposed against Kazakhstan, Russia, Ukraine, Norway, Iceland, Brazil and Venezuela by Council Regulation (EC) No 3359/93(6) in December 1993. Measures on imports from Iceland and Norway were suspended with the application of Council Regulation (EC) No 5/94 of 22 December 1993 on the suspension of anti-dumping measures against EFTA countries from 1 January 1994(7). Measures on imports from Brazil were partially reviewed and, by Council Regulation (EC) No 351/98(8) the duty on two Brazilian exporting producers was reduced to 0 % because of a finding of no dumping.Definitive anti-dumping measures were also imposed against imports from China and South Africa by Council Regulation (EC) No 621/94(9) in March 1994.2. Request for Review(3) Following the publication of the notice of impending expiry(10) of the anti-dumping measures, the complainant in the original investigation, the Liaison Committee of the Ferro-Alloy Industry ("Euroalliages", hereinafter "the applicant"), requested an expiry review of the measures pursuant to Article 11(2) of Regulation (EC) No 384/96 (hereinafter the "basic Regulation").(4) Having determined, after consultation of the Advisory Committee, that sufficient evidence existed for the initiation of an expiry review, the Commission published a notice of initiation in the Official Journal of the European Communities(11) and commenced the investigation.3. Investigation(5) The investigation of dumping covered the period from l July 1996 to 30 June 1997 (hereinafter the "investigation period"). The examination of injury covered the period from 1993 up to the end of the investigation period.(6) At the time of the original investigation, the Community industry on behalf of which the complaint was lodged consisted of six producers; Pechiney Electrometallurgie, France; SKW Trostberg AG, Germany; Ferrolegierungswerk Lippendorf GmbH, Germany; Carburos Metalicos, Spain; Industria Elettrica Indel Spa, Italy; and Utilizzazzioni Elettro Industriali UEI, Italy.(7) After the imposition of the measures under review, the structure of the Community industry changed as a result, on the one hand, of the accession of the new Member States, and, on the other, of economic changes within the industry. This resulted in there being four Community producers of the product concerned producing for sale on the Community market. The present expiry review was requested on behalf of these four producers representing all of the Community's non-captive production of the product concerned.(8) Three of the four Community producers (Vargön Alloys AB in Sweden, Ferroatlantica in Spain, formerly Carburos Metalicos, and Pechiney Electrometallurgie in France), representing 96 % and thus a major proportion of Community production, cooperated actively in the investigation and responded to the Commission's questionnaire. The fourth producer, Industria Elettrica Indel Spa (Italy) was not able to cooperate since it was undergoing a restructuring process. Hereinafter the "Community industry" is defined as the three abovementioned cooperating Community producers.(9) The Commission officially advised the applicant Community producers, exporting producers and importers known to be concerned, representatives of the exporting countries concerned, as well as the applicant, of the initiation of the review investigation, and gave interested parties the opportunity to make their views known and to request a hearing within the time limit set in the notice of initiation.The Commission sent questionnaires to all parties known to be concerned and received replies from Community producers and importers, as well as from exporting producers in Egypt and Poland.Anumber of exporting producers in the countries concerned, as well as Community producers, Community users and importers made their views known in writing. All parties who so requested within the above time limit, and indicated that there were particular reasons why they should be heard, were granted hearings.(10) The Commission sought and verified all the information deemed necessary for its investigation, and carried out verifications at the premises of the following companies:(a) Community producers:- Vargön Alloys AB, Sweden,- Ferroatlantica, Spain,- Pechiney Electrometallurgie, France.(b) Importers:Deutsche Erz- and Metall-Union GmbH, Germany.(c) Exporting producers in Egypt:EFACO, KIMA.(d) Exporting producers in Poland:Huta Laziska.B. PRODUCT UNDER CONSIDERATION1. Product concerned(11) The product concerned by this investigation is the same as that concerned by the original investigation, i.e. ferro-silicon. Production of ferro-silicon takes place in electric arc furnaces by means of reducing quartz using carbon bearing products.The product is used as a deoxidiser and as an alloying component by the iron and steel industry.Ferro-silicon is sold in the form of lumps, grains or powder and exists in various qualities depending on the silicon content and the impurity content (i.e. aluminium, carbon, etc.).(12) It was found that all different forms and qualities of ferro-silicon exported from the countries concerned had the same basic physical and chemical characteristics and essentially the same end uses. They were therefore considered to form a single product. The product under consideration currently falls within CN codes 7202 21 10, 7202 21 90 and 7202 29 90.2. Like product(13) It was established that the ferro-silicon produced and sold in the Egyptian and Polish markets was alike within the meaning of Article 1(4) of the basic Regulation to the ferro-silicon exported, from Egypt and Poland to the Community as they were identical, or closely resembling, in terms of physical characteristics and end uses. Furthermore, ferro-silicon produced and sold in the Community market by the Community industry was found equally to be alike to that exported from Egypt and Poland within the meaning of Article 1(4) of the basic Regulation.C. DUMPING(14) The question of dumping was not pursued, given the findings on the situation of the Community industry and recurrence of injury below.D. SITUATION IN THE COMMUNITY MARKET OF FERRO-SILICION1. Community market for ferro-silicon(15) Taking into account the production of the complainant Community producers, and an estimate of the production of the non-cooperating producer, together with the total imports of the product concerned into the Community minus exports from the Community, the development of Community apparent consumption of the product concerned is shown below:>TABLE>2. Volumes and market shares of the imports concerned(16) The development of import volumes from the two exporting countries concerned based on the data reported by Eurostat was as follows:>TABLE>(17) The differences in the development of imports from Egypt and Poland are reflected in the market shares of the countries concerned. The share of the Community market for ferro-silicon accounted for by Poland was:>TABLE>It should be noted that at the time of the previous investigation the market share of Poland was around 5 %.The market share accounted for by Egypt, on the other hand, peaked in 1995, but by the investigation period had fallen back to the levels prevailing in 1993. The market share of Egypt was as follows:>TABLE>The market share of Egypt, at the time of the previous investigation, was about 4 %.3. Prices of the imports concerned(18) The investigation found that the prices of the exporting producers in both Egypt and Poland for exports to the Community were, during the investigation period, above the non-injurious levels which determined the price undertakings accepted with respect to both Egypt and Poland (Commission Decisions 92/331/EEC and 92/572/EEC respectively).(19) As to the development of the prices of the imports subject to investigation over the period examined as a whole, the Commission established trends using Eurostat figures. On this basis, import prices were as follows, with 1993 = 100 in both cases:>TABLE>(20) Price undercutting was established at the same level of trade on the basis of a comparison of the ex-works prices of the Community producers and the cif price, Community frontier duty paid, for the imports from the countries concerned.(21) The exporting producer in Poland claimed an adjustment for quality differences and for the cost of packaging for the purposes of calculating the margin of undercutting.As far as the adjustment for quality differences is concerned, it was claimed that the silicon content of the imports from Poland was often lower than that of Community-made ferro-silicon. Second, it was alleged that the types of ferro-silicon produced in Poland and exported to the Community were of a lower quality than the types typically produced by the Community industry, due to the high impurity content of the Polish ferro-silicon that made it unsuitable for certain uses.(22) These claims were confirmed by the investigation. The transactions listing submitted by the company showed that the ferro-silicon exported from Poland in the investigation period had, in around one third of the cases, a silicon content lower than 75 %, which is the standard of Community production. Moreover, it was found that the degree of impurity of aluminium and carbon in the ferro-silicon exported was higher than that sold by the Community producers in the Community.As to the differences in the packaging of the product, the exporting producer claimed that an adjustment should be made to take into account the different costs between the goods which were delivered in bulk and those delivered in drums or bags. This claim was also considered justified, and the adjustment agreed. Since these adjustments for differences in silicon content, impurities and packaging were already reflected in the existing price undertaking, it was decided to confirm the levels set out in the price undertaking.(23) The same adjustments were made for imports from Egypt, since the same differences were found with regard to the Egyptian exporting producer.(24) Therefore, the sales prices of all types of ferro-silicon sold on the Community market during the investigation period were, where necessary, adjusted to the price for a single reference type of ferro-silicon, for the sales of both the exporting producers concerned and those of the Community industry. Undercutting was then calculated by comparing the ex-works sales price of this standard, reference type of ferro-silicon sold by the Community industry, and the cif Community frontier price, duty paid, for the same product sold by the exporting producers concerned.On this basis, the weighted average level of price undercutting found was 4,6 % for Polish exports, and 4,5 % for the Egyptian exports.4. The situation of the Community industry(25) The sales volume of the Community industry was as follows:>TABLE>(26) The corresponding market share over the period was:>TABLE>(27) The trend in prices of the cooperating Community industry, in index form (1993 = 100) is shown below:>TABLE>(28) The turnover of the Community industry (in 000's ecus) was as follows:>TABLE>Thus, over the period considered, turnover increased by 53 %.(29) The investigation has established that, on a weighted average basis, the profitability of the Community industry, calculated as the return on sales, showed an improvement of almost 18 percentage points, as shown in the following table:>TABLE>(30) Production of the Community industry was as follows:>TABLE>The above table shows that production increased by 25 % over the period considered.(31) The development of production capacity is shown below:>TABLE>From this it can be seen that capacity grew by 5 % over the period considered.(32) Capacity utilisation, on a weighted average basis, was therefore:>TABLE>Capacity utilisation increased by 19 %, or 11 percentage points, over the period concerned.It should be noted that it is normal for part of the ferro-silicon industry to shut down its manufacturing plants during the winter months. The process of manufacturing ferro-silicon is extremely energy-intensive, and in order to reduce costs, production ceases during the time when the cost of electricity rises - i.e. during winter. This production organisation is not reflected in the production capacity table shown above which reflects a maximum production capacity over a full 12 month period. This also explains the relatively low levels of capacity utilisation.A certain amount of stock-piling occurs therefore before the onset of winter so that deliveries can continue.(33) The level of employment directly connected with ferro-silicon production was relatively stable, as can be seen in the following table:>TABLE>5. Conclusion(34) While some of the major economic indicators showed a clear positive development over the period, with a particular improvement throughout in financial performance, where the losses of more than 5 % on turnover in 1993 had become profits of over l2 % in the investigation period, other indicators, particularly market share, show a less positive development. It has also been established that imports from Egypt and Poland taken together remained significant, and in the case of Poland increased, although from a low basis, and were made at prices slightly undercutting those of the Community industry. It should be noted, however, that the relative strengthening of the position of Polish imports occurred after the imposition in the Community of definitive anti-dumping measures on other third countries as mentioned above at recital 2 and that the exports made by the exporting producers were covered by undertakings which were fully respected, i.e. export prices obtained were above the undertaking prices.Therefore, it was concluded that the Community industry has benefited from the anti-dumping measures in force which have served their purpose in removing injury caused by imports from the two exporting countries concerned.E. LIKELIHOOD OF CONTINUATION OR RECURRENCE OF INJURY1. Egypt(35) The development of imports from Egypt is described at recital 20. After rising to a peak in 1995, import levels and market share sharply declined to the levels prevailing in 1993. The market share in the investigation period (1,8 %), was well below the market share found at the time of the previous investigation.(36) As to prices for exports to the Community market, these still undercut those of the Community industry, although they constantly increased after the introduction of the anti-dumping measures and they were also higher than the undertaking price.In addition, prices at which exports were made to non-Community markets were higher than for exports to the Community market during the investigation period, indicating that a redirection of such exports to the Community market was not likely from an economic point of view.(37) In the Egyptian industry, capacity utilisation is currently very high; at 94 %, capacity is effectively fully used, and there were no plans to increase capacity in 1998.Further, while in 1995 exports to the Community represented 68 % of the total sales volume, this proportion had fallen to 45 % in the investigation period; this decline has been compensated by export sales to non-Community markets which almost doubled over the same period (from 15 to 35 % of the total sales volume), while domestic sales rose slightly in percentage terms (17 to 20 %).2. Poland(38) Community imports from Poland showed a large increase in volume terms between 1993 and the investigation period. However, it has been pointed out by the Polish exporting producer that, in 1993, the company suffered a major factory breakdown which resulted in virtually no ferro-silicon production that year. Production only resumed in 1994 but was significantly below the levels reached prior to 1993. Therefore, the Polish producer submitted that a 1993 benchmark is not appropriate and that comparisons should be made on the basis of 1995 figures where production was again at a normal level.(39) On the basis of the above, the Commission examined the development of volumes and export prices between 1995 and the investigation period and found a rising trend of these two parameters. It should be noted, however, that the market share of Poland at the end of the period examined was still below the market share found in the previous investigation. The increase in Polish exports to the Community also coincided with the imposition of definitive anti-dumping measures on imports from Russia, Ukraine and Kazakhstan and the consequent reduction of imports from these countries.(40) As to the capacity utilisation of the Polish exporting producer, this was 93 % in' the investigation period, thus making an increase in the volumes produced in the short term unlikely. As to the proportion of sales to the Community, this rose from 39 % of total sales in 1995 to 45 % in the investigation period.In the light of these developments, the Commission examined the possibility of a change in the distribution of the Polish exporting producer's sales, i.e. whether there would be a further rise in the proportion destined for export to the Community. In particular, it was examined whether the restructuring of the Polish steel industry prior to any accession to the European Union would lead to a collapse in domestic demand for ferro-silicon, and consequently to an increase in the supply available for exports to, inter alia, the Community. Given that domestic sales in the investigation period accounted for 37 % of the sales of the Polish exporting producer, the potential effect of a fall in domestic demand appeared to be substantial. Statistics relating to the steel market in Poland, however, show that the production of steel increased by 31 % over the period 1992 to 1996, and estimates for 1997 indicate a further increase.As to the possibility of reducing exports to non-Community third countries, it way found that average prices for standard 75 % ferro-silicon are higher on non-Community markets than on the Community market, with no substantial alteration in the pattern of exports from Poland to the Community and other countries expected.(41) In the light of the foregoing, Polish exports to the Community are not expected to further increase to any substantial degree, nor are their prices expected to fall should anti-dumping measures be removed. Even with measures in force, and with prices in excess of those in the undertaking, the Polish exporting producer recovered, after the factory breakdown in 1993/94, a consolidated position on the Community market, maintaining at the same time strong domestic sales; it has therefore shown itself able to compete in the Community with prices at a non-injurious level. Indeed, the level of the price-undertaking offered by the Polish producer was determined by the injury threshold in the investigation leading to the measures reviewed. It would not be economically rational behaviour, if the anti-dumping measures are allowed to expire, to try to gain further market share on the Community market by cutting export prices. Moreover, given that production capacity is fully utilised, an increase of exports to the Community could only be achieved at the expense of domestic sales or of exports to other third countries, which makes such a strategy even more unlikely.3. Conclusion(42) In the light of the above findings, notwithstanding the fact that the prices of the imports concerned, though having increased by around 30 % since 1993, still undercut slightly the prices of the Community industry, and on the basis of the substantially improved financial situation of this industry, the Commission concludes that the expiry of the measures on Egyptian and Polish imports is not likely to lead to a continuation or recurrence of injury.In reaching this conclusion, the Commission also took into account the arguments presented by the Community industry that, even in the absence of an expansion of exports to the Community, the exporting producers in the countries concerned could still cause material injury by concentrating sales and depressing prices on the spot market, with subsequent downwards pressure on the Community industry's prices.In the view of the Commission, this argument is not well-founded. The exporting producers' prices on the Community market were well above the undertaking prices, which were, at the time of acceptance, set at the levels required to remove the injury due to dumping. This, combined with their fully-utilised production capacities and improving or stable demand in their domestic and non-Community export markets, makes it unlikely that the Community spot market will be affected by exports from the countries concerned to the extent that injury would re-occur.In this respect, it is recalled that, should the situation of the Community industry deteriorate due to dumped imports from the countries concerned, the industry is free to lodge a new anti-dumping complaint as provided for in Article 5 of the basic Regulation.(43) The Commission informed interested parties, including the Community industry, of its conclusions. After being informed by the Commission of the above facts and conclusions, representatives of the Community industry made further representations, both in writing and orally, concerning the impact of the imports in question on the Community industry. However, no information or argument was provided which could, on examination, revise the above conclusions.F. TERMINATION OF THE PROCEEDING(44) It is concluded, therefore, that this proceeding should be terminated and that the anti-dumping measures adopted on 14 December 1992 by Regulation (EEC) No 3642/92 and by Decisions 92/33l/EEC and 92/572/EEC should be allowed to expire,HAS ADOPTED THIS DECISION:Sole ArticleThe anti-dumping proceeding concerning imports of ferro-silicon falling within CN codes 7202 21 10, 7202 21 90 and 7202 29 90 originating in Egypt and Poland is hereby terminated.Done at Brussels, 4 June 1999.For the CommissionLeon BRITTANVice-President(1) OJ L 56, 6.3.1996, p. 1.(2) OJ L 128, 30.4.1998, p. 18.(3) OJ L 369, 18.12.1992, p. 1.(4) OJ L 183, 3.7.1992, p. 40.(5) OJ L 369, 18.12.1992, p. 32.(6) OJ L 302, 9.12.1993, p. 1.(7) OJ L 3, 5.1.1994, p. 1.(8) OJ L 42, 14.2.1998, p. 1.(9) OJ L 77, 19.3.1994, p. 48.(10) OJ C 387, 21.12.1996, p. 3.(11) OJ C 204, 4.7.1997, p. 2.