title: Council Decision (EU) 2017/189 of 16 January 2017 on the positions to be adopted on behalf of the European Union within the Sanitary and Phytosanitary Management Sub-Committee, the Trade and Sustainable Development Sub-Committee, the Customs Sub-Committee and the Sub-Committee on Geographical Indications established pursuant to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards the adoption of the Rules of Procedure of those Sub-Committees

text:
               3.2.2017

               EN

               Official Journal of the European Union

               L 29/40

         COUNCIL DECISION (EU) 2017/189
   of 16 January 2017
   on the positions to be adopted on behalf of the European Union within the Sanitary and Phytosanitary Management Sub-Committee, the Trade and Sustainable Development Sub-Committee, the Customs Sub-Committee and the Sub-Committee on Geographical Indications established pursuant to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards the adoption of the Rules of Procedure of those Sub-Committees
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(4) in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Article 486 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (‘the Agreement’) (1) provides for the provisional application of the Agreement in part.

               (2)

               Article 4 of Council Decision 2014/668/EU (2) specifies the provisions of the Agreement to be applied provisionally. Those include the provisions on the establishment and functioning of the Sanitary and Phytosanitary Management Sub-Committee (‘the SPS Sub-Committee’), the Trade and Sustainable Development Sub-Committee (‘the TSD Sub-Committee’), the Customs Sub-Committee and the Sub-Committee on Geographical Indications (‘the GI Sub-Committee’).

               (3)

               Article 74 of the Agreement provides that the SPS Sub-Committee is to establish its working procedures at the first meeting.

               (4)

               Article 300 of the Agreement provides that the TSD Sub-Committee is to establish its rules of procedure.

               (5)

               Article 83 of the Agreement provides that the Customs Sub-Committee is to establish its rules of procedure.

               (6)

               Article 211 of the Agreement provides that the GI Sub-Committee is to establish its rules of procedure.

               (7)

               It is appropriate to establish the positions to be adopted on the Union's behalf within the SPS Sub-Committee, the TSD Sub-Committee, the Customs Sub-Committee and the GI Sub-Committee with regard to the adoption of the Rules of Procedure of those Sub-Committees,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The position to be adopted on the Union's behalf within the SPS Sub-Committee established pursuant to Article 74 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (‘the Agreement’), shall be based on the draft Decision of the SPS Sub-Committee attached to this Decision.
   2.   Minor technical corrections to the draft Decision may be agreed to by the representatives of the Union in the SPS Sub-Committee without a further decision of the Council.
   Article 2
   1.   The position to be adopted on the Union's behalf within the TSD Sub-Committee established pursuant to Article 300 of the Agreement shall be based on the draft Decision of the TSD Sub-Committee attached to this Decision.
   2.   Minor technical corrections to the draft Decision may be agreed to by the representatives of the Union in the TSD Sub-Committee without a further decision of the Council.
   Article 3
   1.   The position to be adopted on the Union's behalf within the Customs Sub-Committee established pursuant to Article 83 of the Agreement shall be based on the draft Decision of the Customs Sub-Committee attached to this Decision.
   2.   Minor technical corrections to the draft Decision may be agreed to by the representatives of the Union in the Customs Sub-Committee without a further decision of the Council.
   Article 4
   1.   The position to be adopted on the Union's behalf within the GI Sub-Committee established pursuant to Article 211 of the Agreement shall be based on the draft Decision of the GI Sub-Committee attached to this Decision.
   2.   Minor technical corrections to the draft Decision may be agreed to by the representatives of the Union in the GI Sub-Committee without a further decision of the Council.
   Article 5
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 16 January 2017.

            For the Council

            The President

         F. MOGHERINI

      (1)  OJ L 161, 29.5.2014, p. 3.

      (2)  Council Decision 2014/668/EU of 23 June 2014 on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards Title III (with the exception of the provisions relating to the treatment of third-country nationals legally employed as workers in the territory of the other Party) and Titles IV, V, VI and VII thereof, as well as the related Annexes and Protocols (OJ L 278, 20.9.2014, p. 1).

      DRAFT
      DECISION No … OF THE EU-UKRAINE SANITARY AND PHYTOSANITARY MANAGEMENT SUB-COMMITTEE
      of …
      adopting its Rules of Procedure
      THE EU-UKRAINE SANITARY AND PHYTOSANITARY MANAGEMENT SUB-COMMITTEE,
      Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (1), and in particular Article 74 thereof,
      Whereas:

                  (1)

                  In accordance with Article 486 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (‘the Agreement’), parts of the Agreement, including Chapter 4 (Sanitary and phytosanitary measures) of Title IV (Trade and trade-related matters), are applied provisionally as of 1 January 2016.

                  (2)

                  Article 74 of the Agreement provides that the Sanitary and Phytosanitary Management Sub-Committee (‘SPS Sub-Committee’) is to consider any matter relating to the implementation of Chapter 4 of Title IV of the Agreement.

                  (3)

                  Article 74(5) of the Agreement provides that the SPS Sub-Committee is to adopt its working procedures,

            HAS ADOPTED THIS DECISION:
      Article 1
      The Rules of Procedure of the SPS Sub-Committee, as set out in the Annex to this Decision, are hereby adopted.
      Article 2
      This Decision shall enter into force on the date of its adoption.

         Done at …,

               For the EU-Ukraine Sanitary and Phytosanitary Management Sub-Committee

               The Chair

         (1)  OJ L 161, 29.5.2014, p. 3.

         ANNEX
         RULES OF PROCEDURE OF THE EU-UKRAINE SANITARY AND PHYTOSANITARY MANAGEMENT SUB-COMMITTEE
         Article 1
         General provisions
         1.   The Sanitary and Phytosanitary Management Sub-Committee (‘SPS Sub-Committee’), established pursuant to Article 74(1) of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (1) (‘the Agreement’), shall assist the Association Committee in its Trade configuration, as referred to in Article 465(4) of the Agreement, in the performance of its duties.
         2.   The SPS Sub-Committee shall perform the tasks set out in Article 74(2) of the Agreement in the light of the objective set out in Article 59 of the Agreement.
         3.   The SPS Sub-Committee shall be composed of representatives of the competent authorities of the Parties, responsible for sanitary and phytosanitary matters.
         4.   A representative of the European Commission or of Ukraine responsible for sanitary and phytosanitary matters shall act as Chair in accordance with Article 2.
         5.   For the purposes of these Rules of Procedure, the definition of the term ‘Parties’ set out in Article 482 of the Agreement applies.
         Article 2
         Chairmanship
         The chairmanship of the SPS Sub-Committee shall alternate between the Parties every 12 months. The first period of 12 months shall begin on the date of the first Association Council meeting and end on 31 December of the same year.
         Article 3
         Meetings
         1.   Save as otherwise agreed by the Parties, the SPS Sub-Committee shall meet within three months of the entry into force of the Agreement and, thereafter, upon the request of either Party or at least once a year.
         2.   Each meeting of the SPS Sub-Committee shall be convened by the Chair on a date and in a place agreed by the Parties. The notice regarding the convening of the meeting shall be issued by the Chair no later than 28 calendar days prior to the start of the meeting, unless the Parties agree otherwise.
         3.   Whenever possible, regular meetings of the SPS Sub-Committee shall be convened in due time in advance of the regular meeting of the Association Committee in its Trade configuration.
         4.   The meetings of the SPS Sub-Committee may be held by any agreed technological means, such as video- or audio-conference.
         5.   When out of session, the SPS Sub-Committee may address any issue by correspondence.
         Article 4
         Delegations
         Before each meeting, each Party shall inform the other, through the Secretariat of the SPS Sub-Committee provided for in Article 5, of the intended composition of its delegation.
         Article 5
         Secretariat
         An official of the European Commission and an official of Ukraine shall act jointly as Secretaries of the SPS Sub-Committee and shall execute secretarial tasks in a joint manner and in a spirit of mutual trust and cooperation.
         Article 6
         Correspondence
         1.   Correspondence addressed to the SPS Sub-Committee shall be directed to the Secretary of either of the Parties, who in turn shall inform the other Secretary.
         2.   The Secretariat shall ensure that correspondence addressed to the SPS Sub-Committee is forwarded to the Chair and circulated, where appropriate, in accordance with Article 7.
         3.   Correspondence from the Chair shall be sent to the Parties by the Secretariat of the SPS Sub-Committee on behalf of the Chair. Such correspondence shall be circulated, where appropriate, in accordance with Article 7.
         Article 7
         Documents
         1.   Documents shall be circulated through the Secretariat of the SPS Sub-Committee.
         2.   A Party shall transmit its documents to its Secretary. That Secretary shall transmit those documents to the Secretary of the other Party.
         3.   The Secretary of the Union shall circulate the documents to the relevant representatives of the Union and shall systematically copy the Secretary of Ukraine and the Secretaries of the Association Committee in its Trade configuration into such correspondence.
         4.   The Secretary of Ukraine shall circulate the documents to the relevant representatives of Ukraine and shall systematically copy the Secretary of the Union and the Secretaries of the Association Committee in its Trade configuration into such correspondence.
         5.   The Secretaries of the SPS Sub-Committee shall serve as contact points for exchanges provided for in Article 67 of the Agreement.
         Article 8
         Confidentiality
         Unless otherwise decided by the Parties, the meetings of the SPS Sub-Committee shall not be public.
         When a Party submits to the SPS Sub-Committee information designated as confidential, the other Party shall treat that information as such.
         Article 9
         Agendas for the meetings
         1.   A provisional agenda for each meeting, as well as draft operational conclusions as provided for in Article 10, shall be drawn up by the Secretariat of the SPS Sub-Committee on the basis of proposals made by the Parties. The provisional agenda shall include items in respect of which the Secretariat has received a request for inclusion in the agenda by a Party, supported by relevant documents, no later than 21 calendar days before the meeting date.
         2.   The provisional agenda, together with the relevant documents, shall be circulated in accordance with Article 7 no later than 15 calendar days before the beginning of the meeting.
         3.   The agenda shall be adopted by the SPS Sub-Committee at the beginning of each meeting. Items other than those appearing on the provisional agenda may be placed on the agenda if the Parties so agree.
         4.   The Chair may, on an ad-hoc basis and with the agreement of the other Party, invite representatives of other bodies of the Parties or independent experts to attend meetings of the SPS Sub-Committee as observers in order to provide information on specific subjects. The Parties shall ensure that those observers respect any confidentiality requirements.
         5.   The Chair may, in consultation with the Parties, reduce the time periods specified in paragraphs 1 and 2 in order to take account of special circumstances.
         Article 10
         Minutes and operational conclusions
         1.   Draft minutes of each meeting shall be drawn up jointly by the two Secretaries.
         2.   The minutes shall, as a general rule, include in respect of each item on the agenda:

                     (a)

                     the participants in the meeting, the officials accompanying them and any observer who attended the meeting;

                     (b)

                     the documents submitted to the SPS Sub-Committee;

                     (c)

                     the statements that the SPS Sub-Committee has requested be entered; and

                     (d)

                     the operational conclusions of the meeting, as referred to in paragraph 4.

               3.   The draft minutes shall be submitted to the SPS Sub-Committee for approval. They shall be approved within 28 calendar days of each SPS Sub-Committee meeting. A copy of the approved minutes shall be sent to each of the addressees referred to in Article 7.
         4.   Draft operational conclusions of each meeting shall be drawn up by the Secretary of the Party holding the chairmanship and circulated to the Parties together with the agenda, as a rule no later than 15 calendar days before the beginning of the meeting. The draft operational conclusions shall be updated as the meeting proceeds, so that at the end of the meeting, unless agreed otherwise, the SPS Sub-Committee adopts the operational conclusions, reflecting the follow-up actions agreed by the Parties. Once agreed, the operational conclusions shall be attached to the minutes, and their implementation shall be reviewed during subsequent meetings of the SPS Sub-Committee. To that end, the SPS Sub-Committee shall adopt a template, allowing for each action point to be tracked against a specific deadline.
         Article 11
         Decisions and recommendations
         1.   The SPS Sub-Committee adopts decisions, opinions, recommendations, reports and joint actions as provided for in Article 74 of the Agreement. Those decisions, opinions, recommendations, reports and joint actions shall be adopted by consensus between the Parties after the completion of the respective internal procedures for their adoption. The decisions shall be binding upon the Parties, which shall take appropriate measures to implement them.
         2.   Each decision, opinion, recommendation or report shall be signed by the Chair and authenticated by the two Secretaries. Without prejudice to paragraph 3, the Chair shall sign those documents during the meeting in which the relevant decision, opinion, recommendation or report is adopted.
         3.   If the Parties so agree, the SPS Sub-Committee may adopt decisions, recommendations, opinions or reports by written procedure, after the completion of the respective internal procedures. The written procedure shall consist of an exchange of notes between the two Secretaries, acting in agreement with the Parties. For that purpose, the text of the proposal shall be circulated in accordance with Article 7, with a time limit of at least 21 calendar days within which any reservations or amendments must be made known. The Chair may, in consultation with the Parties, reduce the time periods specified in this paragraph in order to take account of special circumstances. Once the text is agreed, the decision, opinion, recommendation or report shall be signed by the Chair and authenticated by the two Secretaries.
         4.   The acts of the SPS Sub-Committee shall be entitled ‘Decision’, ‘Opinion’, ‘Recommendation’ or ‘Report’. Each decision shall enter into force on the date of its adoption unless the decision provides otherwise.
         5.   The decisions, opinions, recommendations and reports shall be circulated to both Parties.
         6.   The Secretariat of the Association Committee in its Trade configuration shall be informed of any decisions, opinions, recommendations, reports or other agreed actions of the SPS Sub-Committee.
         7.   Each Party may decide whether to publish the decisions, opinions and recommendations of the SPS Sub-Committee in its respective official journal.
         Article 12
         Reports
         The SPS Sub-Committee shall submit to the Association Committee in its Trade configuration a report on its activities and those of the technical working groups or the ad-hoc groups set up by the SPS Sub-Committee. The report shall be submitted 25 days before the regular annual meeting of the Association Committee in its Trade configuration.
         Article 13
         Languages
         1.   The working languages of the SPS Sub-Committee shall be English and Ukrainian.
         2.   Unless otherwise decided, the SPS Sub-Committee shall base its deliberations on documentation prepared in those languages.
         Article 14
         Expenses
         1.   Each Party shall meet any expenses it incurs as a result of participating in the meetings of the SPS Sub-Committee, both with regard to staff, travel and subsistence expenditure and with regard to postal and telecommunications expenditure.
         2.   Expenditure in connection with the organisation of meetings and the reproduction of documents shall be borne by the Party hosting the meeting.
         3.   Expenditure in connection with interpreting at meetings and the translation of documents into or from English and Ukrainian to comply with Article 13(1) shall be borne by the Party hosting the meeting.
         Expenditure in connection with interpreting and translation into or from other languages shall be borne directly by the requesting Party.
         Article 15
         Technical working groups and ad-hoc groups
         1.   The SPS Sub-Committee may by a decision pursuant to Article 74(3) of the Agreement create or abolish, where appropriate, technical working groups or ad-hoc working groups, including scientific groups.
         2.   The membership of the ad-hoc working groups shall not be restricted to representatives of the Parties. The Parties shall ensure that the members of any groups created by the SPS Sub-Committee respect any appropriate confidentiality requirements.
         3.   Unless otherwise decided, the groups created by the SPS Sub-Committee shall work under the authority of the SPS Sub-Committee, to which they shall report.
         4.   The meetings of the working groups may be held when required, in person or by video- or audio-conference.
         5.   The Secretariat of the SPS Sub-Committee shall be in copy of all relevant correspondence, documents and communications pertaining to the activities of the working groups.
         6.   The working groups shall have the power to make recommendations in writing to the SPS Sub-Committee. The recommendations shall be adopted by consensus and communicated to the Chair, who shall circulate the recommendations as provided for in Article 7.
         7.   These Rules of Procedure shall be applied mutatis mutandis to any technical working group or an ad-hoc working group created by the SPS Sub-Committee, unless otherwise specified in this Article. The references to the Association Committee in its Trade configuration shall be understood as references to the SPS Sub-Committee.
         Article 16
         Amendment
         These Rules of Procedure may be amended by a decision of the SPS Sub-Committee in accordance with Article 74(5) of the Agreement.

            (1)  OJ L 161, 29.5.2014, p. 3.

      DRAFT
      DECISION No … OF THE EU-UKRAINE TRADE AND SUSTAINABLE DEVELOPMENT SUB-COMMITTEE
      of …
      adopting its Rules of Procedure
      THE EU-UKRAINE TRADE AND SUSTAINABLE DEVELOPMENT SUB-COMMITTEE,
      Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (1), and in particular Article 300 thereof,
      Whereas:

                  (1)

                  In accordance with Article 486 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (‘the Agreement’), parts of the Agreement, including Chapter 13 (Trade and sustainable development) of Title IV (Trade and trade-related matters), are applied provisionally as of 1 January 2016.

                  (2)

                  Article 300 of the Agreement provides that the Trade and Sustainable Development Sub-Committee (‘the TSD Sub-Committee’) is to oversee the implementation of Chapter 13 of Title IV of the Agreement.

                  (3)

                  Article 300(1) of the Agreement provides that the TSD Sub-Committee is to establish its own rules of procedure,

            HAS ADOPTED THIS DECISION:
      Article 1
      The Rules of Procedure of the Trade and Sustainable Development Sub-Committee, as set out in the Annex to this Decision, are hereby adopted.
      Article 2
      This Decision shall enter into force on the date of its adoption.

         Done at …,

               For the EU-Ukraine Trade and Sustainable Development Sub-Committee

               The Chair

         (1)  OJ L 161, 29.5.2014, p. 3.

         ANNEX
         RULES OF PROCEDURE OF THE EU-UKRAINE TRADE AND SUSTAINABLE DEVELOPMENT SUB-COMMITTEE
         Article 1
         General provisions
         1.   The Trade and Sustainable Development Sub-Committee (‘the TSD Sub-Committee’), established pursuant to Article 300 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (1) (‘the Agreement’), shall assist the Association Committee in its Trade configuration, as referred to in Article 465(4) of the Agreement, in the performance of its duties.
         2.   The TSD Sub-Committee shall perform the functions set out in Chapter 13 (Trade and sustainable development) of Title IV (Trade and trade-related matters) of the Agreement.
         3.   The TSD Sub-Committee shall be composed of representatives from within the administration of each Party, responsible for trade and sustainable development matters.
         4.   A representative of the European Commission or of Ukraine responsible for trade and sustainable development matters shall act as Chair of the TSD Sub-Committee.
         5.   For the purposes of these Rules of Procedure, the definition of the term ‘Parties’ set out in Article 482 of the Agreement applies.
         Article 2
         Specific provisions
         1.   Articles 2 to 14 of the Rules of Procedure of the EU-Ukraine Association Committee shall apply mutatis mutandis, unless otherwise provided for in these Rules of Procedure.
         2.   The references to the Association Council shall be read as references to the Association Committee in its Trade configuration. The references to the Association Committee or the Association Committee in its Trade configuration shall be read as references to the TSD Sub-Committee.
         Article 3
         Meetings
         The TSD Sub-Committee shall meet as necessary. The Parties shall aim to meet once per year.
         Article 4
         Amendment
         These Rules of Procedure may be amended by a decision of the TSD Sub-Committee in accordance with Article 300(1) of the Agreement.

            (1)  OJ L 161, 29.5.2014, p. 3.

      DRAFT
      DECISION No … OF THE EU-UKRAINE CUSTOMS SUB-COMMITTEE
      of …
      adopting its Rules of Procedure
      THE EU-UKRAINE CUSTOMS SUB-COMMITTEE,
      Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (1), and in particular Article 83 thereof,
      Whereas:

                  (1)

                  In accordance with Article 486 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (‘the Agreement’), parts of the Agreement, including Chapter 5 (Customs and trade facilitation) of Title IV (Trade and trade-related matters), are applied provisionally as of 1 January 2016.

                  (2)

                  Article 83 of the Agreement provides that the Customs Sub-Committee is to monitor the implementation and administration of Chapter 5 of Title IV of the Agreement.

                  (3)

                  Article 83(e) of the Agreement provides that the Customs Sub-Committee is to adopt its rules of procedure,

            HAS ADOPTED THIS DECISION:
      Article 1
      The Rules of Procedure of the Customs Sub-Committee, as set out in the Annex to this Decision, are hereby adopted.
      Article 2
      This Decision shall enter into force on the date of its adoption.

         Done at …,

               For the EU-Ukraine Customs Sub-Committee

               The Chair

         (1)  OJ L 161, 29.5.2014, p. 3.

         ANNEX
         RULES OF PROCEDURE OF THE EU-UKRAINE CUSTOMS SUB-COMMITTEE
         Article 1
         General provisions
         1.   The Customs Sub-Committee, established pursuant to Article 83 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (1) (‘the Agreement’), shall perform its duties as provided for in that Article.
         2.   The Customs Sub-Committee shall be composed of representatives of the European Commission and of Ukraine responsible for customs and customs-related matters.
         3.   A representative of the European Commission or of Ukraine responsible for customs and customs-related matters shall act as Chair in accordance with Article 2.
         4.   For the purposes of these Rules of Procedure, the definition of the term ‘Parties’ set out in Article 482 of the Agreement applies.
         Article 2
         Chairmanship
         The chairmanship of the Customs Sub-Committee shall alternate between the Parties every 12 months. The first period of 12 months shall begin on the date of the first Association Council meeting and end on 31 December of the same year.
         Article 3
         Meetings
         1.   Save as otherwise agreed by the Parties, the Customs Sub-Committee shall meet once a year or upon the request of either Party.
         2.   Each meeting of the Customs Sub-Committee shall be convened by the Chair on a date and in a place agreed by the Parties. The notice regarding the convening of the meeting shall be issued by the Chair no later than 28 calendar days prior to the start of the meeting, unless the Parties agree otherwise.
         3.   The meetings of the Customs Sub-Committee may be held by any agreed technological means, such as video- or audio-conference.
         4.   When out of session, the Customs Sub-Committee may address any issue by correspondence.
         Article 4
         Delegations
         Before each meeting, each Party shall inform the other, through the Secretariat of the Customs Sub-Committee provided for in Article 5, of the intended composition of its delegation.
         Article 5
         Secretariat
         An official of the European Commission and an official of Ukraine responsible for customs and customs-related matters shall act jointly as Secretaries of the Customs Sub-Committee and shall execute secretarial tasks in a joint manner and in a spirit of mutual trust and cooperation.
         Article 6
         Correspondence
         1.   Correspondence addressed to the Customs Sub-Committee shall be directed to the Secretary of either of the Parties, who in turn shall inform the other Secretary.
         2.   The Secretariat shall ensure that correspondence addressed to the Customs Sub-Committee is forwarded to the Chair and circulated, where appropriate, in accordance with Article 7.
         3.   Correspondence from the Chair shall be sent to the Parties by the Secretariat of the Customs Sub-Committee on behalf of the Chair. Such correspondence shall be circulated, where appropriate, in accordance with Article 7.
         Article 7
         Documents
         1.   Documents shall be circulated through the Secretariat of the Customs Sub-Committee.
         2.   A Party shall transmit its documents to its Secretary. That Secretary shall transmit those documents to the Secretary of the other Party.
         3.   The Secretary of the Union shall circulate the documents to the relevant representatives of the Union and shall systematically copy the Secretary of Ukraine into such correspondence. The Secretary of the Union shall send a copy of the final documents to the Secretaries of the Association Committee in its Trade configuration.
         4.   The Secretary of Ukraine shall circulate the documents to the relevant representatives of Ukraine and shall systematically copy the Secretary of the Union into such correspondence. The Secretary of Ukraine shall send a copy of the final documents to the Secretaries of the Association Committee in its Trade configuration.
         Article 8
         Confidentiality
         Unless otherwise decided by the Parties, the meetings of the Customs Sub-Committee shall not be public.
         When a Party submits to the Customs Sub-Committee information designated as confidential, the other Party shall treat that information as such.
         Article 9
         Agendas for the meetings
         1.   A provisional agenda for each meeting shall be drawn up by the Secretariat of the Customs Sub-Committee on the basis of proposals made by the Parties. The provisional agenda shall include items in respect of which the Secretariat has received a request for inclusion in the agenda by a Party, supported by relevant documents, no later than 21 calendar days before the meeting date.
         2.   The provisional agenda, together with the relevant documents, shall be circulated in accordance with Article 7 no later than 15 calendar days before the beginning of the meeting.
         3.   The agenda shall be adopted by the Customs Sub-Committee at the beginning of each meeting. Items other than those appearing on the provisional agenda may be placed on the agenda if the Parties so agree.
         4.   The Chair may, on an ad-hoc basis and with the agreement of the other Party, invite representatives of other bodies of the Parties or independent experts to attend meetings of the Customs Sub-Committee as observers in order to provide information on specific subjects. The Parties shall ensure that those observers respect any confidentiality requirements.
         5.   The Chair may, in consultation with the Parties, reduce the time periods specified in paragraphs 1 and 2 in order to take account of special circumstances.
         Article 10
         Minutes and operational conclusions
         1.   Draft minutes, including operational conclusions, of each meeting shall be drawn up by the Secretary of the Party holding the chairmanship.
         2.   The draft minutes, including the operational conclusions, shall be submitted to the Customs Sub-Committee for approval. They shall be approved within 28 calendar days of each Customs Sub-Committee meeting. A copy of the approved minutes shall be sent to each of the addressees referred to in Article 7.
         Article 11
         Decisions and recommendations
         1.   The Customs Sub-Committee shall adopt practical arrangements, measures, decisions and recommendations as provided for in Article 83 of the Agreement. They shall be adopted by consensus between the Parties after the completion of the respective internal procedures for their adoption. The decisions shall be binding upon the Parties, which shall take appropriate measures to implement them.
         2.   Each decision or recommendation shall be signed by a representative of each Party. Without prejudice to paragraph 3, the representatives shall sign those documents during the meeting in which the relevant decision or recommendation is adopted.
         3.   If the Parties so agree, the Customs Sub-Committee may adopt decisions or recommendations by written procedure, after the completion of the respective internal procedures. The written procedure shall consist of an exchange of notes between the two Secretaries, acting in agreement with the Parties. For that purpose, the text of the proposal shall be circulated in accordance with Article 7, with a time limit of at least 21 calendar days within which any reservations or amendments must be made known. The Chair may, in consultation with the Parties, reduce the time periods specified in this paragraph in order to take account of special circumstances. Once the text is agreed, the decision or recommendation shall be signed by a representative of each Party.
         4.   The acts of the Customs Sub-Committee shall be entitled ‘Decision’ or ‘Recommendation’. Each decision shall enter into force on the date of its adoption unless the decision provides otherwise.
         5.   The decisions and recommendations of the Customs Sub-Committee shall be authenticated by the two Secretaries.
         6.   The decisions and recommendations shall be circulated to both Parties.
         7.   The Secretariat of the Association Committee in its Trade configuration shall be informed of any decisions, opinions, recommendations, reports or other agreed actions of the Customs Sub-Committee.
         8.   Each Party may decide whether to publish the decisions and recommendations of the Customs Sub-Committee in its respective official journal.
         Article 12
         Reports
         The Customs Sub-Committee shall report to the Association Committee in its Trade configuration at each regular annual meeting of the Association Committee in its Trade configuration.
         Article 13
         Languages
         1.   The working languages of the Customs Sub-Committee shall be English and Ukrainian.
         2.   Unless otherwise decided, the Customs Sub-Committee shall base its deliberations on documentation prepared in those languages.
         Article 14
         Expenses
         1.   Each Party shall meet any expenses it incurs as a result of participating in the meetings of the Customs Sub-Committee, both with regard to staff, travel and subsistence expenditure and with regard to postal and telecommunications expenditure.
         2.   Expenditure in connection with the organisation of meetings and the reproduction of documents shall be borne by the Party hosting the meeting.
         3.   Expenditure in connection with interpreting at meetings and the translation of documents into or from English and Ukrainian to comply with Article 13(1) shall be borne by the Party hosting the meeting.
         Expenditure in connection with interpreting and translation into or from other languages shall be borne directly by the requesting Party.
         Article 15
         Amendment
         These Rules of Procedure may be amended by a decision of the Customs Sub-Committee in accordance with Article 83(e) of the Agreement.

            (1)  OJ L 161, 29.5.2014, p. 3.

      DRAFT
      DECISION No … OF THE EU-UKRAINE SUB-COMMITTEE ON GEOGRAPHICAL INDICATIONS
      of …
      adopting its Rules of Procedure
      THE EU-UKRAINE SUB-COMMITTEE ON GEOGRAPHICAL INDICATIONS,
      Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (1), and in particular Article 211 thereof,
      Whereas:

                  (1)

                  In accordance with Article 486 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (‘the Agreement’), parts of the Agreement, including subsection 3 (Geographical indications) of Section 2 of Chapter 9 (Intellectual property) of Title IV (Trade and trade-related matters), are applied provisionally as of 1 January 2016.

                  (2)

                  Article 211 of the Agreement provides that the Sub-Committee on Geographical Indications (‘GI Sub-Committee’) is to monitor the development of the Agreement in the field of geographical indications and to serve as a forum for cooperation and dialogue on geographical indications.

                  (3)

                  Article 211(2) of the Agreement provides that the GI Sub-Committee is to adopt its rules of procedure,

            HAS ADOPTED THIS DECISION:
      Article 1
      The Rules of Procedure of the GI Sub-Committee, as set out in the Annex to this Decision, are hereby adopted.
      Article 2
      This Decision shall enter into force on the date of its adoption.

         Done at …,

               For the EU-Ukraine Sub-Committee on Geographical Indications

               The Chair

         (1)  OJ L 161, 29.5.2014, p. 3.

         ANNEX
         RULES OF PROCEDURE OF THE EU-UKRAINE SUB-COMMITTEE ON GEOGRAPHICAL INDICATIONS
         Article 1
         General provisions
         1.   The Sub-Committee on Geographical Indications (‘GI Sub-Committee’), established pursuant to Article 211 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (1) (‘the Agreement’), shall assist the Association Committee in its Trade configuration, as referred to in Article 465(4) of the Agreement, in the performance of its functions.
         2.   The GI Sub-Committee shall perform the functions set out in Article 211 of the Agreement.
         3.   The GI Sub-Committee shall be composed of officials of the European Commission and of Ukraine responsible for matters relating to geographical indications.
         4.   Each Party shall appoint a Head of Delegation who shall be the contact person for all matters relating to the Sub-Committee.
         5.   The Heads of Delegation shall act as Chair in accordance with Article 2.
         6.   Each Head of Delegation may delegate any or all of his functions to a nominated deputy, in which case all references hereafter to the Head of Delegation apply equally to the nominated deputy.
         7.   For the purposes of these Rules of Procedure, the definition of the term ‘Parties’ set out in Article 482 of the Agreement applies.
         Article 2
         Chairmanship
         The chairmanship of the GI Sub-Committee shall alternate between the Parties every 12 months. The first period of 12 months shall begin on the date of the first Association Council meeting and end on 31 December of the same year.
         Article 3
         Meetings
         1.   Save as otherwise agreed by the Parties, the GI Sub-Committee shall meet alternately in the Union and in Ukraine upon the request of either Party, no later than 90 days from the request.
         2.   Each meeting of the GI Sub-Committee shall be convened by the Chair on a date and in a place agreed by the Parties. The notice regarding the convening of the meeting shall be issued by the Chair no later than 28 calendar days prior to the start of the meeting, unless the Parties agree otherwise.
         3.   Whenever possible, regular meetings of the GI Sub-Committee shall be convened in due time in advance of the regular meeting of the Association Committee in its Trade configuration.
         4.   By way of exception, the meetings of the GI Sub-Committee may be held by any technological means agreed by the Parties, including video-conference.
         Article 4
         Delegations
         Before each meeting, each Party shall inform the other, through the Secretariat of the GI Sub-Committee, provided for in Article 5, of the intended composition of its delegation.
         Article 5
         Secretariat
         A representative of the European Commission and a representative of Ukraine shall be appointed by the respective Head of Delegation to act jointly as Secretaries of the GI Sub-Committee and shall execute secretarial tasks in a joint manner and in a spirit of mutual trust and cooperation.
         Article 6
         Correspondence
         1.   Correspondence addressed to the GI Sub-Committee shall be directed to the Secretary of either of the Parties, who in turn shall inform the other Secretary.
         2.   The Secretariat shall ensure that correspondence addressed to the GI Sub-Committee is forwarded to the Chair and circulated, where appropriate, in accordance with Article 7.
         3.   Correspondence from the Chair shall be sent to the Parties by the Secretariat of the GI Sub-Committee on behalf of the Chair. Such correspondence shall be circulated, where appropriate, in accordance with Article 7.
         Article 7
         Documents
         1.   Documents shall be circulated through the Secretariat of the GI Sub-Committee.
         2.   A Party shall transmit its documents to its Secretary. The Secretary shall transmit those documents to the Secretary of the other Party.
         3.   The Secretary of the Union shall circulate the documents to the relevant representatives of the Union and shall systematically copy the Secretary of Ukraine and the Secretaries of the Association Committee in its Trade configuration into such correspondence.
         4.   The Secretary of Ukraine shall circulate the documents to the relevant representatives of Ukraine and shall systematically copy the Secretary of the Union and the Secretaries of the Association Committee in its Trade configuration into such correspondence.
         Article 8
         Confidentiality
         Unless otherwise decided by the Parties, the meetings of the GI Sub-Committee shall not be public.
         When a Party submits to the GI Sub-Committee information designated as confidential, the other Party shall treat that information as such.
         Article 9
         Agendas for the meetings
         1.   A provisional agenda for each meeting, as well as draft operational conclusions as provided for in Article 10, shall be drawn up by the Secretariat of the GI Sub-Committee on the basis of proposals made by the Parties. The provisional agenda shall include items in respect of which the Secretariat of the GI Sub-Committee has received a request for inclusion in the agenda by a Party, supported by relevant documents, no later than 21 calendar days before the meeting date.
         2.   The provisional agenda, together with the relevant documents, shall be circulated in accordance with Article 7 no later than 15 calendar days before the beginning of the meeting.
         3.   The agenda shall be adopted by the Chair and the other Head of Delegation at the beginning of each meeting. Items other than those appearing on the provisional agenda may be placed on the agenda if the Parties so agree.
         4.   The Chair may, on an ad-hoc basis and with the agreement of the other Party, invite representatives of other bodies of the Parties or independent experts to attend meetings of the GI Sub-Committee as observers in order to provide information on specific subjects. The Parties shall ensure that those observers respect any confidentiality requirements.
         5.   The Chair may, in consultation with the Parties, reduce the time periods specified in paragraphs 1 and 2 in order to take account of special circumstances.
         Article 10
         Minutes and operational conclusions
         1.   Draft minutes of each meeting shall be drawn up jointly by the two Secretaries.
         2.   The minutes shall, as a general rule, include in respect of each item on the agenda:

                     (a)

                     the participants in the meeting, the officials accompanying them and any observer who attended the meeting;

                     (b)

                     the documents submitted to the GI Sub-Committee;

                     (c)

                     the statements that the GI Sub-Committee has requested be entered; and

                     (d)

                     if necessary, the operational conclusions of the meeting, as referred to in paragraph 4.

               3.   The draft minutes shall be submitted to the GI Sub-Committee for approval. They shall be approved within 28 calendar days after each GI Sub-Committee meeting. A copy of the approved minutes shall be sent to each of the addressees referred to in Article 7.
         4.   Draft operational conclusions of each meeting shall be drawn up by the Secretary of the GI Sub-Committee of the Party holding the chairmanship and circulated to the Parties together with the agenda, as a rule no later than 15 calendar days before the beginning of the meeting. The draft operational conclusions shall be updated as the meeting proceeds, so that at the end of the meeting, unless otherwise agreed, the GI Sub-Committee adopts the operational conclusions, reflecting the follow-up actions agreed by the Parties. Once agreed, the operational conclusions shall be attached to the minutes, and their implementation shall be reviewed during subsequent meetings of the GI Sub-Committee. To that end, the GI Sub-Committee shall adopt a template, allowing for each action point to be tracked against a specific deadline.
         Article 11
         Decisions
         1.   The GI Sub-Committee shall have the power to adopt decisions in the cases provided for in Article 211(3) of the Agreement. Those decisions shall be adopted by consensus between the Parties after the completion of the respective internal procedures for their adoption. They shall be binding upon the Parties, which shall take appropriate measures to implement them.
         2.   Each decision shall be signed by a representative of each Party. Without prejudice to paragraph 3, the representatives shall sign those documents during the meeting in which the relevant decision is adopted.
         3.   If the Parties so agree, the GI Sub-Committee may adopt decisions by written procedure, after the completion of the respective internal procedures. The written procedure shall consist of an exchange of notes between the two Secretaries, acting in agreement with the Parties. For that purpose, the text of the proposal shall be circulated in accordance with Article 7, with a time limit of at least 21 calendar days within which any reservations or amendments must be made known. The Chair may, in consultation with the Parties, reduce the time periods specified in this paragraph in order to take account of special circumstances. Once the text is agreed, the decision shall be signed by a representative of each Party.
         4.   The acts of the GI Sub-Committee shall be entitled ‘Decision’. Each decision shall enter into force on the date of its adoption unless the decision provides otherwise.
         5.   The decisions of the GI Sub-Committee shall be authenticated by the two Secretaries.
         6.   The decisions shall be circulated to both Parties.
         7.   The Secretariat of the Association Committee in its Trade configuration shall be informed of any decisions, reports or other agreed actions of the GI Sub-Committee.
         8.   Each Party may decide whether to publish the decisions of the GI Sub-Committee in its respective official journal.
         Article 12
         Reports
         1.   The GI Sub-Committee shall report to the Association Committee in its Trade configuration on its activities at each regular meeting of the latter.
         2.   The reports shall be adopted by consensus between the Parties and shall be entitled ‘Report’. The reports shall be circulated to both Parties.
         3.   The procedure for adoption of decisions set out in Article 11(2) and (3) shall apply mutatis mutandis to reports.
         Article 13
         Languages
         1.   The working languages of the GI Sub-Committee shall be English and Ukrainian.
         2.   Unless otherwise decided, the GI Sub-Committee shall base its deliberations on documentation prepared in those languages.
         Article 14
         Expenses
         1.   Each Party shall meet any expenses it incurs as a result of participating in the meetings of the GI Sub-Committee, both with regard to staff, travel and subsistence expenditure and with regard to postal and telecommunications expenditure.
         2.   Expenditure in connection with the organisation of meetings and the reproduction of documents shall be borne by the Party hosting the meeting.
         3.   Expenditure in connection with interpreting at meetings and the translation of documents into or from English and Ukrainian to comply with Article 13(1) shall be borne by the Party hosting the meeting.
         Expenditure in connection with interpreting and translation into or from other languages shall be borne directly by the requesting Party.
         Article 15
         Amendment
         These Rules of Procedure may be amended by a decision of the GI Sub-Committee in accordance with Article 211(2) of the Agreement.

            (1)  OJ L 161, 29.5.2014, p. 3.


Avis juridique important

|

31979D0309

79/309/EEC: Council Decision of 19 March 1979 adjusting the amounts made available to the European Development Fund (1975) for the ACP States and for the overseas countries and territories and the French overseas departments

Official Journal L 072 , 23/03/1979 P. 0031 - 0032

****( 1 ) OJ NO L 25 , 30 . 1 . 1976 , P . 168 .  ( 2 ) OJ NO L 287 , 13 . 10 . 1978 , P . 22 .  ( 3 ) OJ NO L 176 , 1 . 7 . 1976 , P . 8 .  ( 4 ) OJ NO L 147 , 3 . 6 . 1978 , P . 39 .        COUNCIL DECISION   OF 19 MARCH 1979   ADJUSTING THE AMOUNTS MADE AVAILABLE TO THE EUROPEAN DEVELOPMENT FUND ( 1975 ) FOR THE ACP STATES AND FOR THE OVERSEAS COUNTRIES AND TERRITORIES AND THE FRENCH OVERSEAS DEPARTMENTS  ( 79/309/EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO THE INTERNAL AGREEMENT ON THE FINANCING AND ADMINISTRATION OF COMMUNITY AID ( 1 ), SIGNED AT BRUSSELS ON 11 JULY 1975 , HEREINAFTER REFERRED TO AS THE ' INTERNAL AGREEMENT ' , AND IN PARTICULAR ARTICLE 1 ( 4 ) THEREOF , AMENDED BY THE AGREEMENT OF 28 MARCH 1977 ( 2 ),   HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,   WHEREAS THE SOLOMON ISLANDS , TUVALU AND DOMINICA , FORMER OVERSEAS COUNTRIES AND TERRITORIES ASSOCIATED WITH THE COMMUNITY UNDER DECISION 76/568/EEC ( 3 ), HAVE BECOME INDEPENDENT AND HAVE REQUESTED TO ACCEDE TO THE ACP-EEC CONVENTION OF LOME , HEREINAFTER REFERRED TO AS THE  ' CONVENTION ' , PURSUANT TO ARTICLE 89 THEREOF ; WHEREAS THE ACP-EEC COUNCIL OF MINISTERS HAS APPROVED THESE REQUESTS ; WHEREAS THESE STATES DEPOSITED THEIR INSTRUMENTS OF ACCESSION WITH THE GENERAL SECRETARIAT OF THE COUNCIL ON 27 SEPTEMBER 1978 , 17 JANUARY 1979 AND 26 FEBRUARY 1979 RESPECTIVELY , AND THUS ACCEDED TO THE CONVENTION ON THESE DATES ;   WHEREAS , THEREFORE , IN ACCORDANCE WITH ARTICLE 1 ( 4 ) OF THE INTERNAL AGREEMENT , THE AMOUNTS PROVIDED FOR THE OVERSEAS COUNTRIES AND TERRITORIES AND THE FRENCH OVERSEAS DEPARTMENTS IN ARTICLE 1 ( 3A ) ( B ) OF THE SAID INTERNAL AGREEMENT SHOULD BE REDUCED AND THOSE PROVIDED FOR THE ACP STATES IN ( A ) OF THAT PARAGRAPH CORRESPONDINGLY INCREASED ;   WHEREAS THIS ADJUSTMENT MUST BE MADE ON THE BASIS OF THE AMOUNTS SPECIFIED IN DECISION 78/465/EEC ( 4 ) WHICH LAST ADJUSTED THE AMOUNTS MADE AVAILABLE TO THE EUROPEAN DEVELOPMENT FUND FOLLOWING THE ACCESSION OF FORMER ASSOCIATED OVERSEAS COUNTRIES AND TERRITORIES TO THE COMMISSION ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   ARTICLE 1 ( 3A ) AND ( 3B ) OF THE INTERNAL AGREEMENT SHALL BE REPLACED BY THE FOLLOWING :   ' 3A .  FROM 26 FEBRUARY 1979 THE AMOUNT OF 3 159.50 MILLION EUROPEAN UNITS OF ACCOUNT REFERRED TO IN PARAGRAPH 2A SHALL BE ALLOCATED AS FOLLOWS :  ( A ) 3 067.767 MILLION EUROPEAN UNITS OF ACCOUNT FOR THE ACP STATES , CONSISTING OF :   -  3 000 MILLION EUROPEAN UNITS OF ACCOUNT FROM THE APPROPRIATION INITIALLY PROVIDED FOR IN PARAGRAPH 3 ( A ) FOR THE ORIGINAL ACP STATES ,   -  9.50 MILLION EUROPEAN UNITS OF ACCOUNT FROM THE AMOUNT PROVIDED FOR IN PARAGRAPH 2A ,   -  13 MILLION EUROPEAN UNITS OF ACCOUNT FROM THE AMOUNT APPEARING IN ARTICLE 30 ( 4 ) ( A ), FIRST INDENT , AS INTRODUCED BY THE COUNCIL DECISION 77/155/EEC OF 14 FEBRUARY 1977 ADJUSTING DECISION 76/568/EEC ON THE ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES WITH THE EUROPEAN ECONOMIC COMMUNITY ( 1 ),   -  45.267 MILLION EUROPEAN UNITS OF ACCOUNT FROM THE AMOUNT TRANSFERRED FROM THE APPROPRIATION FOR THE OCT TO THAT FOR THE ACP UNDER DECISIONS 77/156/EEC ( 2 ) AND 78/464/EEC ( 3 ), ADJUSTING THE AMOUNTS MADE AVAILABLE TO THE EUROPEAN DEVELOPMENT FUND ( 1975 ) FOR THE ACP STATES ON THE ONE HAND AND FOR THE OVERSEAS COUNTRIES AND TERRITORIES AND THE FRENCH OVERSEAS DEPARTMENTS ON THE OTHER , FOLLOWING THE ACCESSION OF THE REPUBLIC OF SURINAM , THE REPUBLIC OF SEYCHELLES , THE COMORO STATE , THE REPUBLIC OF JIBUTI , THE SOLOMON ISLANDS , TUVALU AND DOMINICA TO THE CONVENTION ;  ( B ) 91.733 MILLION EUROPEAN UNITS OF ACCOUNT FOR THE OVERSEAS COUNTRIES AND TERRITORIES AND THE FRENCH OVERSEAS DEPARTMENTS FROM THE AMOUNTS ORIGINALLY LAID DOWN IN PARAGRAPH 3 ( B ) AND ( C ), TAKING INTO ACCOUNT THE REDUCTION MADE UNDER THE DECISION REFERRED TO IN THE FOURTH INDENT OF  ( A ).   3B . ( A ) THE AMOUNT STATED IN PARAGRAPH 3A ( A ) FOR THE ACP STATES SHALL BE ALLOCATED AS FOLLOWS :   2 145.182 MILLION EUROPEAN UNITS OF ACCOUNT IN THE FORM OF GRANTS ,    445.585 MILLION EUROPEAN UNITS OF ACCOUNT IN THE FORM OF SPECIAL LOANS ,    97.00 MILLION EUROPEAN UNITS OF ACCOUNT IN THE FORM OF RISK CAPITAL ,    380.00 MILLION EUROPEAN UNITS OF ACCOUNT IN THE FORM OF TRANSFERS PURSUANT TO TITLE II OF THE CONVENTION .  ( B ) THE AMOUNT STATED IN PARAGRAPH 3A ( B ) FOR THE OVERSEAS COUNTRIES , TERRITORIES AND DEPARTMENTS SHALL BE ALLOCATED AS FOLLOWS :   31.692 MILLION EUROPEAN UNITS OF ACCOUNT IN THE FORM OF GRANTS ,   23.915 MILLION EUROPEAN UNITS OF ACCOUNT IN THE FORM OF SPECIAL LOANS ,   4.00 MILLION EUROPEAN UNITS OF ACCOUNT IN THE FORM OF RISK CAPITAL ,   12.126 MILLION EUROPEAN UNITS OF ACCOUNT IN THE FORM OF A RESERVE ,   20.00 MILLION EUROPEAN UNITS OF ACCOUNT IN THE FORM OF TRANSFERS FOR THE COUNTRIES AND TERRITORIES , PURSUANT TO THOSE PROVISIONS OF THE DECISION WHICH CONCERN THE SYSTEM FOR STABILIZING EXPORT EARNINGS .   ( 1 ) OJ NO L 46 , 18 . 2 . 1977 , P . 15 .  ( 2 ) OJ NO L 46 , 18 . 2 . 1977 , P . 17 .  ( 3 ) OJ NO L 147 , 3 . 6 . 1978 , P . 37 . '   ARTICLE 2   THIS DECISION SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .   DONE AT BRUSSELS , 19 MARCH 1979 .   FOR THE COUNCIL   THE PRESIDENT   R . MONORY


title: 2005/541/EC: Decision of the European Parliament of 12 April 2005 on the discharge to the Executive Director of the European Environment Agency in respect of the implementation of its budget for the financial year 2003

text:
               27.7.2005

               EN

               Official Journal of the European Union

               L 196/80

      DECISION OF THE EUROPEAN PARLIAMENT

   of 12 April 2005
   on the discharge to the Executive Director of the European Environment Agency in respect of the implementation of its budget for the financial year 2003
   (2005/541/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the Court of Auditors' report on the annual accounts of the European Environment Agency for the 2003 financial year together with the Agency's replies (1),
   having regard to the Council's Recommendation of 8 March 2005 (6852/2005 — C6-0073/2005),
   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 (2) and in particular Article 185 thereof, and to Regulation (EC) No 1641/2003 of the European Parliament and of the Council of 22 July 2003 amending Council Regulation (EEC) No 1210/90 on the establishment of the European Environment Agency and the European Environment Information and Observation Network (3) and in particular article 13 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 on the Financial Regulation applicable to the general budget of the European Communities (4) and, in particular, Article 94 thereof,
   having regard to Rules 70 and 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 the Environment, Public Health and Food Safety (A6-0074/2005),

               1.

               Gives discharge to the Executive Director of the European Environment Agency, in respect of the implementation of its budget for the financial year 2003;

               2.

               Records its comments in the accompanying resolution;

               3.

               Instructs its President to forward this decision and the accompanying resolution to the Executive Director of the European Environment Agency, the Council, the Commission and the Court of Auditors, and to have them published in the Official Journal of the European Union (L series).

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ C 324, 30.12.2004, p. 23.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 245, 29.9.2003, p. 1.

      (4)  OJ L 357, 31.12.2002, p. 72.

         RESOLUTION OF THE EUROPEAN PARLIAMENT

      containing the comments accompanying the decision on the discharge to the Executive Director of the European Environment Agency in respect of the implementation of its budget for the financial year 2003
      THE EUROPEAN PARLIAMENT,
      having regard to the Court of Auditors' report on the annual accounts of the European Environment Agency for the 2003 financial year together with the Agency's replies (1),
      having regard to the Council's recommendation of 8 March 2005 (6852/2005 — C6-0073/2005),
      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 (2) and in particular Article 185 thereof, and to Regulation (EC) No 1641/2003 of the European Parliament and of the Council of 22 July 2003 amending Council Regulation (EEC) No 1210/90 on the establishment of the European Environment Agency and the European Environment Information and Observation Network (3) and in particular article 13 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 on the Financial Regulation applicable to the general budget of the European Communities (4) and, in particular, Article 94 thereof,
      having regard to Rules 70 and 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 the Environment, Public Health and Food Safety (A6-0074/2005),

                  A.

                  Whereas the European Court of Auditors (ECA) stated, in its abovementioned specific report, that it obtained reasonable assurance that the annual accounts for the financial year ended 31 December 2003 were reliable and that the underlying transactions, taken as a whole, were legal and regular.

                  B.

                  Whereas on 21 April 2004 the European Parliament gave discharge (5) to the Director of the European Environment Agency (the Agency) in respect of the implementation of its budget for the 2002 financial year and in the resolution accompanying the discharge decision, the European Parliament, inter alia:

                              —

                              welcomed the establishment by the Agency of an internal audit capability,

                              —

                              invited the Agency to present its analysis on the possibility of using differentiated appropriations in the financing of agreements with the European Topic Centres as a means of reducing carry-overs,

                              —

                              invited the Agency to correct rapidly the situation with regard to its filing and archiving system and to remedy deficiencies that the ECA had repeatedly criticised as far as documents in support of payments were concerned,

            1.   Notes the following figures for the accounts of the European Environment Agency (EEA) for the financial years 2003 and 2002:
      Revenue and expenditure account for the financial years 2003 and 2002

                  (in EUR 1000)

                  2003

                  2002

                  Revenue

                  Community subsidies

                  21 380

                  18 749

                  Other subsidies

                  8 423

                  1 136

                  Other revenue

                  89

                  198

                  Total revenue (a)

                  29 891

                  20 083

                  Expenditure

                  Staff — Title I of the budget

                  Payments

                  11 123

                  9 714

                  Appropriations carried over

                  315

                  1 018

                  Administration — Title II of the budget

                  Payments

                  2 447

                  2 054

                  Appropriations carried over

                  395

                  247

                  Operating activities — Title III of the budget

                  Payments

                  5 997

                  6 493

                  Appropriations carried over

                  7 008

                  5 611

                  Total expenditure (b)

                  27 284

                  25 136

                  Outturn for the financial year (a – b)

                  2 607

                  – 5 053

                  Balance carried over from the previous financial year

                  – 7 427

                  – 3 275

                  Appropriations carried over and cancelled

                  617

                  889

                  Sums for re-use from the previous financial year not used

                  36

                  8

                  Exchange rate differences

                  – 4

                  4

                  Adjustments

                  – 18

                  0

                  Balance for the financial year

                  – 4 190

                  – 7 427

                     NB: The totals may include differences due to rounding.

                     Source: Information supplied by the Agency. These tables summarise the data provided by the Agency in its own accounts.

            2.   Notes the ECA's observation relating to the non-systematic issuing of recovery orders by the Agency when claims are established, and the Agency's reply to that observation, expects the Agency from now on to abide strictly by the rules provided for in the Financial Regulation in this respect;
      3.   Welcomes the measures taken by the Agency to strengthen its capability in the handling of financial operations including its preparation in view of applying accrual-based accounting; expects to be fully informed of the results obtained by the Agency on the occasion of the presentation of the Director's annual activity report for the financial year 2004;
      4.   Welcomes the Agency's equality policy and mainstreaming of activities and encourages it to follow up and evaluate such policies regularly to ensure their implementation;
      5.   Regrets that the Agency's breakdown of the staff by gender, category, nationality and grade did not permit the European Parliament to evaluate the balance between women and men within and between category and grade; demands that this be made available in the future as it is a vital tool for the evaluation of equality plans and gender balance within an organisation;
      6.   Considers the EEA as a source of important environmental information for all EU institutions and policy-making; notes with satisfaction that the Agency has been able to transform some complicated technical data into user-friendly information and communicate its conclusions to the public;
      7.   Welcomes the EEA's strategy for communication with citizens and encourages the Agency to develop and evaluate it continuously;
      8.   Underlines the fact that the impact of environment programmes is often hampered by the lack of assessment of environmental impacts of other Community legislation and programmes; believes that the EEA could provide support for policy-making by further developing its work in the field of environmental impact assessment;
      General points addressed to the Commission and the Agencies

                  9.

                  Recalls its position that while it supported the Commission's efforts to establish a limited number of models, at least for future ‘regulatory’ agencies, it took the view that the structure of current and future agencies merited in-depth consideration at interinstitutional level; also stresses that before the Commission defines the framework conditions for the use of regulatory agencies an Interinstitutional Agreement should spell out common guidelines; this should happen before setting up a harmonised framework for the structure of the agencies;

                  10.

                  Notes the Commission's position (6) with regard to delegating responsibility for the execution of tasks to bodies, including agencies, other than the Commission's core administration; takes the view that this does not answer Parliament's call for in-depth consideration at interinstitutional level of the structure of existing agencies; therefore invites the Commission to provide clarification on this point and on the future overall Interinstitutional Agreement related to the new arrangements to be set up within or in parallel with the Financial Perspective (7);

                  11.

                  Invites the Commission to organise and perform in the medium term, e.g. on a standard three-year cycle, a cross-cutting analysis of the evaluations carried out on individual Agencies in order to:

                              (a)

                              reach conclusions with regard to the coherence of Agency activity with EU policies in general and as regards the synergies existing or to be developed between the agencies and Commission departments and the avoidance of overlapping between them;

                              (b)

                              make an assessment of the broader European added value of the Agencies' outputs in their respective area of activity and of the relevance, efficiency and effectiveness of the Agency model in implementing or contributing to EU policies;

                              (c)

                              determine and enhance the impact of the Agencies' actions in terms of the proximity, accessibility and visibility of the EU to its citizens;

                  12.

                  Expects such an overall analysis to be available by the end of 2005 so as to cover the three-year period from the time of the introduction of the new Financial Regulation and the consequent new framework in the Agencies' system;

                  13.

                  Invites the Agencies to participate actively in such a process and to cooperate with the Commission, providing the necessary input on matters that they feel are of substance to their functioning, role, remit and needs, as well as on any matter which could help to improve the whole discharge procedure, with a view to contributing to the success of such a process and increasing the accountability and transparency of the Agencies; invites Agencies to present such input also to its competent committees;

                  14.

                  Calls on the Commission, in parallel with this exercise, to present by the end of 2005 at the latest, proposals for changes to be made in the existing Agencies' Constituent Acts with a view, inter alia, to optimising its relationship with the Agencies; such proposals should aim at:

                              (a)

                              increasing communication between the Commission and the Agencies;

                              (b)

                              establishing or expanding cooperation in defining needs to be covered and objectives, outputs to be produced and the strategy to achieve them, and in setting standards for monitoring and evaluation;

                              (c)

                              enhancing complementary action, better organising the necessary resources and their effective allocation to produce results, and devising a communication strategy for dissemination of those results;

                  15.

                  Emphasises that, before any decision is taken to propose the creation of a new agency, the Commission must undertake a strict evaluation of the need and added value of the function of this agency, bearing in mind existing structures, the principles of subsidiarity, budgetary austerity and the simplification of procedures;

                  16.

                  Expects the Commission to present swiftly the guidelines concerning staff policy of the Agencies that Parliament had requested the Commission to present before the end of the 2005 budgetary procedure;

            General points addressed to the Agencies

                  17.

                  Expects to receive from now on, from each of the Agencies, the report summarising information on the audits carried out by the Internal Auditor, the recommendations made and the action taken on these recommendations in accordance with Article 72(5) of Regulation (EC, Euratom) No 2343/2002;

                  18.

                  Invites the Agencies to make further efforts to apply correctly the staff regulations and rules applicable to other civil servants with regard to their staff (recruitment procedures and relevant decisions taken, personal files, calculation of remuneration and other entitlements, promotions policy, percentage of vacant posts, quotas for respecting gender equality, etc.);

                  19.

                  Notes that, in general, the respective percentage of male and female employees in the overall staff composition of the Agencies shows that an imbalance between men and women exists; regrets that men make up about one third of staff and are over-represented in high grade positions while women are generally over-represented in low grade positions; expects the Agencies to take immediate and effective measures to correct this situation;

                  20.

                  Calls on the Agencies to ensure that all the relevant provisions of Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (8) are introduced in their respective staff policies;

                  21.

                  Expects the Agencies, in response to the relevant observations of the ECA, to comply fully with the budgetary principles as set out in the Financial Regulation, in particular those of unity and budgetary accuracy; calls on the Agencies that have not yet done so to fulfil the Financial Regulation's requirements on accounting matters and to strengthen further their procedures as regards internal management and control with the aim of increasing accountability, transparency and European added value;

                  22.

                  Encourages the Agencies, especially those whose activities have points in common with the activities or missions of other Agencies, to strengthen their cooperation, thus opening up opportunities for developing synergies; invites them to formalise, where appropriate, such cooperation through specific agreements (joint declarations, memoranda of understanding, decisions on joint planning and actions/programmes presenting complementary characteristics) so as to ensure that there is no duplication of work, that each Agency's output is clearly identified and that the result of joint efforts maximises the added value and the impact of their work; expects to be informed regularly on this issue;

                  23.

                  Calls on the Agencies to pay special attention to procedures for the award and management of contracts; invites them to take all appropriate measures as regards their administrative structures in order to strengthen their internal control procedures, channels and management; takes the view that such measures may include, where necessary or feasible, the setting-up of specialised units entrusted with the task of advising, on the basis of risk analysis, on how best to prepare contract award procedures, to ensure monitoring and to carry out follow-up, as required; on this matter, calls on the Commission and the ECA to strengthen cooperation with the Agencies;

                  24.

                  Notes the difficulties to which some Directors, in particular of the ‘newly created’ Agencies, referred with regard to the Agencies' compliance with the calendar and deadlines for reporting as set in the Financial Regulation; invites the Agencies' Directors, in the perspective of the forthcoming review of the Financial Regulation to be held in 2005, to inform its Committees on Budgets and Budgetary Control of the difficulties encountered so far so that these may be considered in the framework of the review; expects the Directors to make specific proposals for alternative arrangements as to deadlines that may best suit their functioning requirements while respecting the reporting obligations of the Agencies as provided for in the Financial Regulation;

                  25.

                  Notes the positive response by the Agencies' Directors to the call by Parliament's committee responsible for preparing discharge for the establishment of a more precise system of communication, in particular as regards the transmission by the Agencies to that committee of documents relating to the Agencies' reporting obligations; takes the view that better organisation of such communication will strengthen its cooperation with the Agencies and enhance democratic control;

                  26.

                  Invites the Directors of the Agencies from now on to accompany their annual activity report, which is presented together with financial and management information, with a declaration of assurance concerning the legality and regularity of operations, similar to the declarations signed by the Directors-General of the Commission;

                  27.

                  Invites the Agencies to develop a comprehensive strategy of communication addressing the need to make available, in the appropriate form, the results of their work to the general public beyond the presentation of such results to the Institutions, Member States' competent services, specialists, partners or specific beneficiaries; calls on the Agencies, in view of the development of such a strategy, to intensify their cooperation and exchange information on best practice aimed at achieving this goal; expects its competent committees to be duly informed by the Agencies, before the next discharge exercise, on the progress made in devising such a strategy in order to ensure the effective and timely monitoring of their activities;

            General points addressed to the ECA and the Agencies

                  28.

                  Welcomes the ECA's initiative to add a table to its specific reports on the Agencies presenting summary information on the competences, governance, resources available and products/output of the particular agency; takes the view that this enhances the clarity and transparency of the work of these Community bodies, while providing a useful basis for comparison, where appropriate, with a view to helping set up the harmonised framework for the Agencies that Parliament has called for;

                  29.

                  Invites the ECA and the Agencies to strengthen their cooperation in order to enhance the procedures and technical tools to improve the sound management of all the budgetary and finance issues, with the view to establishing a methodology that prepares the ground for a positive budget discharge from the start of the process; expects to be informed regularly of the progress made and the implementation of best practices;

                  30.

                  Calls on the ECA and the Agencies to enhance transparency in the procédure contradictoire prior to the ECA's final report, so as to avoid any contradiction or ambiguity which could jeopardise the credibility of the whole exercise; in this respect, invites the ECA and the Commission to propose a feasible way of updating information on the improvements made and/or the problems found, from the time when the ECA's preparatory report is first discussed until the time of the decision as to whether to grant discharge, in order to offer the most accurate picture of the situation of the Agencies.

         (1)  OJ C 324, 30.12.2004, p. 23.

         (2)  OJ L 248, 16.9.2002, p. 1.

         (3)  OJ L 245, 29.9.2003, p. 1.

         (4)  OJ L 357, 31.12.2002, p. 72.

         (5)  OJ L 330, 4.11.2004, p. 14.

         (6)  As set out in Annex 1 to the Communication from the Commission to the Council and the European Parliament ‘Building our common future, policy challenges and budgetary means of the enlarged Union 2007-2013’, (COM(2004) 0101, p. 38).

         (7)  See Annex to the Commission's report on the follow-up to 2002 Discharges (COM(2004) 0648, p. 108).

         (8)  OJ L 269, 5.10.2002, p. 15.


title: Council Decision 2010/677/CFSP of 8 November 2010 repealing Common Position 98/409/CFSP concerning Sierra Leone

text:
               10.11.2010

               EN

               Official Journal of the European Union

               L 292/39

         COUNCIL DECISION 2010/677/CFSP
   of 8 November 2010
   repealing Common Position 98/409/CFSP concerning Sierra Leone
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 29 June 1998, the Council adopted Common Position 98/409/CFSP concerning Sierra Leone (1) in order to implement the measures imposed by United Nations Security Council Resolution (hereinafter ‘UNSCR’) 1171(1998).

               (2)

               On 28 January 2008, the Council adopted Common Position 2008/81/CFSP amending Common Position 98/409/CFSP (2) in order to implement the measures imposed by UNSCR 1793(2007) providing for an exemption to the measures imposed by paragraph 5 of UNSCR 1171(1998).

               (3)

               On 29 September 2010, the United Nations Security Council adopted UNSCR 1940(2010) repealing UNSCR 1171(1998).

               (4)

               Common Position 98/409/CFSP should therefore be repealed,

         HAS ADOPTED THIS DECISION:
   Article 1
   Common Position 98/409/CFSP is hereby repealed.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 8 November 2010.

            For the Council

            The President

         M. WATHELET

      (1)  OJ L 187, 1.7.1998, p. 1.

      (2)  OJ L 24, 29.1.2008, p. 54.


title: 2007/424/EC: Commission Decision of 18 June 2007 accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of certain prepared or preserved sweet corn in kernels originating in Thailand

text:
               20.6.2007

               EN

               Official Journal of the European Union

               L 159/42

      COMMISSION DECISION

   of 18 June 2007
   accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of certain prepared or preserved sweet corn in kernels originating in Thailand
   (2007/424/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the ‘basic Regulation’), and in particular Articles 8 and 9 thereof,
   After consulting the Advisory Committee,
   Whereas:
   A.   PROCEDURE

               (1)

               By Regulation (EC) No 1888/2006 (2), the Commission imposed provisional anti-dumping duties on imports into the Community of certain prepared or preserved sweet corn in kernels originating in Thailand.

               (2)

               Following the adoption of the provisional anti-dumping measures, the Commission continued the investigation of dumping, injury, causation and Community interest. The definitive findings and conclusions of the investigation are set out in Council Regulation (EC) No 682/2007 (3) imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain prepared or preserved sweet corn in kernels originating in Thailand.

               (3)

               The investigation confirmed the provisional findings of injurious dumping relating to imports of certain prepared or preserved sweet corn in kernels originating in Thailand.

         B.   UNDERTAKING

               (4)

               Subsequent to the adoption of provisional anti-dumping measures, two cooperating exporting producers in Thailand offered price undertakings in accordance with Article 8(1) of the basic Regulation.

               (5)

               In these undertakings the exporting producers have offered to sell the product concerned, as defined in Regulation (EC) No 682/2007, within a quantitative ceiling, at or above price levels which eliminate the injurious effect of dumping. The number of product types covered by the undertakings is limited to the ones which were exported by each exporting producer concerned in representative quantities during the investigation period. A different minimum import price for each product type covered by the undertaking was offered, given that there was a significant price variation among the different product types during the investigation period.

               (6)

               The exporting producers offered to limit exports to the Community under the undertakings to a certain quantitative ceiling as during the investigation period they not only sold the product concerned produced by them but also the product concerned produced by other producers. The quantitative ceiling for each exporting producer was established at a level corresponding to the quantity exported to the Community of the own produced product concerned during the investigation period. Imports of the product concerned beyond the quantitative ceiling or outside of the scope of the undertakings will be subject to the applicable anti-dumping duty.

               (7)

               Moreover, the exporting producers offered not to sell the product covered by the undertaking to the same customers in the European Community, to which they sell other products in order to reduce the risk of price violation by means of cross-compensation of the prices.

               (8)

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

               (9)

               Subsequent to the disclosure of the offered undertakings, the complainant Community industry objected to these undertakings offered. The Community industry argued that the prices of the product concerned are volatile and therefore the product concerned is not suitable for undertakings. Furthermore, the Community industry argued that because the exporting producers sold other products together with the product covered by the undertaking to the same customers in the European Community there is a high risk of cross-compensation, i.e. the products not covered by the undertaking may be sold at artificially low prices in order to compensate the minimum prices for the products covered by the undertaking. For these reasons, the Community industry concluded that undertakings would be an inappropriate measure in this case.

               (10)

               It should be noted that the information on price volatility submitted by the Community industry was not conclusive. Indeed, the average prices practiced in the Community by the Community industry producers remained relatively flat during the period considered of the present anti-dumping investigation. Although the Community industry submitted that prices in some Member States were more volatile than in others, it acknowledged that these figures were significantly influenced by the dumped prices of the Thai exporters. In this regard, it should be noted, as indicated in recital 5, that the offered minimum import prices and the anti-dumping duties applicable beyond the quantitative ceiling or outside of the scope of the undertakings eliminate the injurious effect of dumping and may actually introduce an element of stability in the market.

               (11)

               Regarding the risk of cross-compensation, as indicated in recital 7, the undertakings contain a provision according to which the exporting producers offered not to sell other products to the same customer in the European Community, to which the product covered by the undertaking is sold. Therefore, the offered undertakings sufficiently limit such risk.

               (12)

               In view of the above, the undertakings offered by the Thai exporting producers are acceptable.

               (13)

               In order to enable the Commission to monitor effectively the companies' compliance with the undertakings, when the request for release into free circulation is presented to the relevant customs authority, exemption from the anti-dumping duty will be conditional on (i) the presentation of an undertaking invoice containing at least the elements listed in Annex II to Regulation (EC) No 682/2007; (ii) the fact that imported goods are manufactured, shipped and invoiced directly by the said companies to the first independent customer in the Community; and (iii) the fact that the goods declared and presented to customs correspond precisely to the description on the undertaking invoice. Where no such invoice is presented, or when it does not correspond to the product presented to customs, the appropriate rate of anti-dumping duty shall instead be payable.

               (14)

               To further ensure the respect of the undertakings, importers have been made aware by the abovementioned Council Regulation that the non-fulfillment of the conditions provided for by that Regulation, or the withdrawal by the Commission of the acceptance of the undertakings, may lead to the customs debt being incurred for the relevant transactions.

               (15)

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

         HAS DECIDED AS FOLLOWS:
   Article 1
   The undertakings offered by the exporting producers mentioned below, in connection with the anti-dumping proceeding concerning imports of certain prepared or preserved sweet corn in kernels originating in Thailand are hereby accepted.

               Country

               Company

               Taric Additional Code

               Thailand

                           Malee Sampran Public Co., Ltd, Abico Bldg. 401/1 Phaholyothin Rd., Lumlookka,

                           Pathumthani 12130

               A790

                           Sun Sweet Co., Ltd, 9 M. 1, Sanpatong, Chiangmai,

                           Thailand 50120

               A792

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

      Done at Brussels, 18 June 2007.

            For the Commission

         Peter MANDELSON

            Member of the Commission

      (1)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

      (2)  OJ L 364, 20.12.2006, p. 68.

      (3)  See page 14 of this Official Journal.


Avis juridique important

|

41981D0977

81/977/ECSC: Decision of the representatives of the Governments of the Member States of the European Coal and Steel Community meeting within the Council of 3 December 1981 laying down the arrangements applicable to trade between Greece and Morocco in products covered by that Community

Official Journal L 358 , 14/12/1981 P. 0047 - 0048 Spanish special edition: Chapter 11 Volume 15 P. 0104  Portuguese special edition Chapter 11 Volume 15 P. 0104

+++++( 1 ) OJ NO L 264 , 27 . 9 . 1978 , P . 119 .  DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY MEETING WITHIN THE COUNCIL OF 3 DECEMBER 1981 LAYING DOWN THE ARRANGEMENTS APPLICABLE TO TRADE BETWEEN GREECE AND MOROCCO IN PRODUCTS COVERED BY THAT COMMUNITY ( 81/977/ECSC )  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY , MEETING WITHIN THE COUNCIL ,  WHEREAS THE MEMBER STATES HAVE CONCLUDED AMONG THEMSELVES THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY ;  WHEREAS THE PROTOCOL TO THE AGREEMENT BETWEEN THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY AND THE KINGDOM OF MOROCCO ( 1 ) , HEREINAFTER REFERRED TO RESPECTIVELY AS " THE PROTOCOL " AND " THE AGREEMENT " , TO TAKE ACCOUNT OF THE ACCESSION OF THE HELLENIC REPUBLIC , WAS INITIALLED ON 22 JULY 1981 ;  WHEREAS , PENDING THE ENTRY INTO FORCE OF THE PROTOCOL , THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY SHOULD , IN THE LIGHT OF THE PROVISIONS OF THE SAID PROTOCOL , LAY DOWN AUTONOMOUSLY THE ARRANGEMENTS APPLICABLE TO TRADE BETWEEN GREECE AND MOROCCO ;  IN AGREEMENT WITH THE COMMISSION ,  HAVE DECIDED AS FOLLOWS :  ARTICLE 1  UNTIL THE ENTRY INTO FORCE OF THE PROTOCOL , THE ARRANGEMENTS APPLICABLE TO TRADE BETWEEN GREECE AND MOROCCO SHALL BE THOSE RESULTING FROM THE ANNEX HERETO .  ARTICLE 2  MEMBER STATES SHALL TAKE THE MEASURES NECESSARY TO IMPLEMENT THIS DECISION .  DONE AT BRUSSELS , 3 DECEMBER 1981 .  THE PRESIDENT  T . KING  ANNEX  SPECIFIC CONDITIONS OF APPLICATION OF THE AGREEMENT BETWEEN THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY AND THE KINGDOM OF MOROCCO CONSEQUENT UPON THE ACCESSION OF THE HELLENIC REPUBLIC  ARTICLE 1  FOR THE PRODUCTS COVERED BY THE AGREEMENT , THE HELLENIC REPUBLIC SHALL PROGRESSIVELY ABOLISH CUSTOMS DUTIES APPLICABLE TO IMPORTS OF PRODUCTS ORIGINATING IN MOROCCO IN ACCORDANCE WITH THE FOLLOWING TIMETABLE :  - ON THE DATE OF ENTRY INTO FORCE OF THIS DECISION , EACH DUTY SHALL BE REDUCED TO 90 % OF THE BASIC DUTY ,  - ON 1 JANUARY 1982 , EACH DUTY SHALL BE REDUCED TO 80 % OF THE BASIC DUTY ,  - THE FOUR OTHER REDUCTIONS OF 20 % EACH SHALL BE MADE ON :  - 1 JANUARY 1983 ,  - 1 JANUARY 1984 ,  - 1 JANUARY 1985 ,  - 1 JANUARY 1986 .  ARTICLE 2  THE BASIC DUTY TO WHICH THE SUCCESSIVE REDUCTIONS PROVIDED FOR IN ARTICLE 1 ARE TO BE APPLIED SHALL , FOR EACH PRODUCT , BE THE DUTY ACTUALLY APPLIED ON 1 JULY 1980 BY THE HELLENIC REPUBLIC WITH REGARD TO MOROCCO .  ARTICLE 3  1 . THE HELLENIC REPUBLIC SHALL PROGRESSIVELY ABOLISH CHARGES HAVING EQUIVALENT EFFECT TO CUSTOMS DUTIES ON IMPORTS OF PRODUCTS ORIGINATING IN MOROCCO IN ACCORDANCE WITH THE FOLLOWING TIMETABLE :  - ON THE DATE OF ENTRY INTO FORCE OF THIS DECISION , EACH CHARGE SHALL BE REDUCED TO 90 % OF THE BASIC RATE ,  - ON 1 JANUARY 1982 , EACH CHARGE SHALL BE REDUCED TO 80 % OF THE BASIC RATE ,  - THE FOUR OTHER REDUCTIONS OF 20 % EACH SHALL BE MADE ON :  - 1 JANUARY 1983 ,  - 1 JANUARY 1984 ,  - 1 JANUARY 1985 ,  - 1 JANUARY 1986 .  2 . THE BASIC RATE TO WHICH THE SUCCESSIVE REDUCTIONS PROVIDED FOR IN PARAGRAPH 1 ARE TO BE APPLIED SHALL , FOR EACH PRODUCT , BE THE RATE APPLIED BY THE HELLENIC REPUBLIC ON 31 DECEMBER 1980 WITH REGARD TO THE COMMUNITY OF NINE .  3 . ANY CHARGE HAVING EQUIVALENT EFFECT TO A CUSTOMS DUTY ON IMPORTS , INTRODUCED AS FROM 1 JANUARY 1979 IN TRADE BETWEEN GREECE AND MOROCCO , SHALL BE ABOLISHED .  ARTICLE 4  IF THE HELLENIC REPUBLIC SUSPENDS OR REDUCES DUTIES OR CHARGES HAVING EQUIVALENT EFFECT ON PRODUCTS IMPORTED FROM THE COMMUNITY OF NINE MORE QUICKLY THAN UNDER THE ESTABLISHED TIMETABLE , THE HELLENIC REPUBLIC SHALL ALSO SUSPEND OR REDUCE , TO THE SAME LEVEL , THOSE DUTIES OR CHARGES HAVING EQUIVALENT EFFECT ON PRODUCTS ORIGINATING IN MOROCCO .  ARTICLE 5  1 . IMPORT DEPOSITS AND CASH PAYMENTS IN FORCE IN GREECE ON 31 DECEMBER 1980 WITH REGARD TO IMPORTS OF PRODUCTS ORIGINATING IN MOROCCO SHALL BE PROGRESSIVELY ELIMINATED IN ACCORDANCE WITH THE FOLLOWING TIMETABLE :  - ON THE DATE OF ENTRY INTO FORCE OF THIS DECISION : 25 % ,  - 1 JANUARY 1982 : 25 % ,  - 1 JANUARY 1983 : 25 % ,  - 1 JANUARY 1984 : 25 % .  2 . IF , IN RESPECT OF THE COMMUNITY OF NINE , THE HELLENIC REPUBLIC REDUCES THE RATE OF IMPORT DEPOSITS OR CASH PAYMENTS MORE QUICKLY THAN UNDER THE TIMETABLE SET OUT IN PARAGRAPH 1 , THE HELLENIC REPUBLIC SHALL MAKE THE SAME REDUCTION WITH REGARD TO IMPORTS OF PRODUCTS ORIGINATING IN MOROCCO .