title: Commission Decision (EU) 2016/397 of 16 March 2016 amending Decision 2014/312/EU establishing the ecological criteria for the award of the EU Ecolabel for indoor and outdoor paints and varnishes (notified under document C(2016) 1510) (Text with EEA relevance)

text:
                  18.3.2016

                  EN

                  Official Journal of the European Union

                  L 73/100

            COMMISSION DECISION (EU) 2016/397
      of 16 March 2016
      amending Decision 2014/312/EU establishing the ecological criteria for the award of the EU Ecolabel for indoor and outdoor paints and varnishes

            (notified under document C(2016) 1510)

      (Text with EEA relevance)
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (1), and in particular Article 8(2) thereof,
      After consulting the European Union Ecolabelling Board,
      Whereas:

                  (1)

                  Commission Decision 2014/312/EU (2) established ecological criteria for the award of the EU Ecolabel for indoor and outdoor paints and varnishes. After the adoption of Decision 2014/312/EU a registration was made as a joint submission to the European Chemicals Agency in accordance with Regulation (EC) No 1907/2006 of the European Parliament and of the Council (3) by DPx Fine Chemicals Austria GmbH, LSR Associates Ltd and Novasol S.A. That registration dossier containing revised self-classifications for an important adhesion promoter and cross linker, Adipic acid dihydrazide (ADH). That submission indicated that ADH had been self-classified as hazardous to the aquatic environment (Chronic Category 2) with the associated hazard statement H411 (Toxic to aquatic life with long lasting effects). ADH is contained in polymer dispersions used frequently in water based paint and varnish formulations, prolonging the product life span. Paints with a prolonged lifetime have lower overall environmental impacts along their product life cycle due to reduced repaints. According to available information equally efficient and effective alternatives are not yet available on the market. It is therefore necessary to grant a derogation from criterion 5 of Decision 2014/312/EU for the use of ADH in Ecolabel awarded paints and varnishes in situations where it is not technically feasible to use alternative materials because the paint product would not provide the required level of functionality to the consumer.

                  (2)

                  In addition, another substance Methanol has harmonised CLP classifications acute toxicity (Category 3) with the associated hazard statements H301 (Toxic if swallowed), H311 (Toxic in contact with skin) and H331 (Toxic if inhaled) and specific target organ toxicity after single exposure (Category 1) with the associated hazard statement H370 (Causes damage to organs) and is present as residual in polymer dispersions used in paints and varnishes. Methanol can originate as a reaction product or impurity from various raw materials within polymer dispersions and its content depends on the binder content in the paint. Therefore, in many cases it exceeds the current limit set for residuals in Decision 2014/312/EU. Those raw materials are used to achieve important paint properties, like for instance increased wet scrub performance, which is a requirement of the EU Ecolabel. Moreover, those properties contribute to increase the paint durability resulting in reduced overall environmental impacts along the paint life cycle due to less repaints. Those classifications of ADH and Methanol currently prevent a significant number of paints and varnishes that were awarded the EU Ecolabel pursuant to Commission Decision 2009/543/EC (4) and Commission Decision 2009/544/EC (5) from renewing their EU Ecolabel licence, according to market information submitted by EU Ecolabel license holders. It is therefore necessary to grant derogation from criterion 5 of Decision 2014/312/EU for the use of Methanol in Ecolabel awarded paints and varnishes in situations where it is not technically feasible to substitute functional raw materials which may give rise to the presence of methanol in the product.

                  (3)

                  After the adoption of Decision 2014/312/EU an important dry film preservative for outdoor paints and varnishes, 3-iodo-2-propynyl butylcarbamate (IPBC), was given a harmonised CLP classification of hazardous to the aquatic environment (Acute Category 1) with the associated hazard statement H400 (Very toxic to aquatic life) and hazardous to the aquatic environment (Chronic Category 1) with the associated hazard statement H410 (Very toxic to aquatic life with long lasting effects). That preservative is used in outdoor products, especially in humid climate, to prevent the product from microbial growth. Its essential function and the absence of substitutes were known at the moment of the adoption of that decision, and its presence in EU Ecolabel paints was therefore permitted under a derogation. However, the new harmonised classification resulted in the final product being classified as hazardous for the aquatic environment (Chronic Category 3) with a labelling requirement to carry the associated hazard statement H412 (Harmful to aquatic life with long lasting effect) when IPBC is present above the concentration of 0,25 % w/w. Final product classification as hazardous to the aquatic environment is currently prohibited under Decision 2014/312/EU even if the maximum concentration limit for the use of IPBC is 0,65 %. In order to allow the use of IPBC in paint products at the required concentration up to 0,65 % it is necessary to allow the labelling of the final product with H412.

                  (4)

                  For reasons of consistency and based on the definition specified in point (20) of Article 2 of Decision 2014/312/EU in which ‘transparent’ and ‘semi-transparent’ are synonyms, the text of criterion 3(a) and the associated reference in table 2 should be amended.

                  (5)

                  Criterion 5 and Appendix entries 1(a), (b) and (c) of Decision 2014/312/EU placed restrictions on and laid down rules for the use of preservatives with reference to their status according to Regulation (EU) No 528/2012 of the European Parliament and of the Council (6), which establishes the Union's system of approval for active substances in specific types of biocide products. In order to ensure that these restrictions and rules are consistent and harmonised with Regulation (EU) No 528/2012 clarifications should be made in Decision 2014/312/EU to the following aspects: (a) The definitions of ‘in-can preservatives’ and ‘dry-film preservatives’ should be with reference to Article 3(1)(c) of Regulation (EU) No 528/2012; (b) It should be clarified that in point 1 of the Appendix the rules and conditions relating to in-can and dry film preservatives should apply to active substances which are under examination for approval or have been approved for use in specific biocide product-types, and to which approval conditions may apply; (c) Reference to Directive 98/8/EC of the European Parliament and of the Council (7) within point 1 of the Appendix should be deleted as this Directive has now been repealed; (d) In the verification requirements laid down in Appendix 1(a), (b) and (c) the reference to Article 58(3) in Regulation (EU) No 528/2012 should be deleted because this refers to specific cases only.

                  (6)

                  Decision 2014/312/EU should therefore be amended accordingly.

                  (7)

                  The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 16 of Regulation (EC) No 66/2010,

            HAS ADOPTED THIS DECISION:
      Article 1
      Decision 2014/312/EU is amended as follows:

                  (1)

                  in Article 2, the definitions of ‘in-can preservatives’ and ‘dry-film preservatives’ in points (10) and (11) are replaced as follows:

                              ‘(10)

                              “In-can preservatives” are active substances within the meaning of Article 3(1)(c) of Regulation (EU) No 528/2012 of the European Parliament and of the Council (*) that are for use in product-type 6 as described in Annex V to that Regulation. They are in particular used for the preservation of manufactured products during storage by the control of microbial deterioration to ensure their shelf life and used for the preservation of tints that will be dispensed from machines

                              (11)

                              “Dry-film preservatives” are active substances within the meaning of Article 3(1)(c) of Regulation (EU) No 528/2012 that are for use in product-type 7 as described in Annex V to that Regulation, in particular for the preservation of films or coatings by the control of microbial deterioration or algal growth in order to protect the initial properties of the surface of materials or objects;

                     (*)  Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, p. 1).’;"

                  (2)

                  the Annex is amended as set out in the Annex to this Decision.

            Article 2
      This Decision is addressed to the Member States.

         Done at Brussels, 16 March 2016.

               For the Commission

            Karmenu VELLA

               Member of the Commission

         (1)  OJ L 27, 30.1.2010, p. 1.

         (2)  Commission Decision 2014/312/EU of 28 May 2014 establishing the ecological criteria for the award of the EU Ecolabel for indoor and outdoor paints and varnishes (OJ L 164, 3.6.2014, p. 45).

         (3)  Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396 30.12.2006, p. 1).

         (4)  Commission Decision 2009/543/EC of 13 August 2008 establishing the ecological criteria for the award of the Community eco-label to outdoor paints and varnishes (OJ L 181, 14.7.2009, p. 27).

         (5)  Commission Decision 2009/544/EC of 13 August 2008 establishing the ecological criteria for the award of the Community eco-label to indoor paints and varnishes (OJ L 181, 14.7.2009, p. 39).

         (6)  Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, p. 1).

         (7)  Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (OJ L 123, 24.4.1998, p. 1).

         ANNEX
         The Annex to Decision 2014/312/EU is amended as follows:

                     (1)

                     in criterion 3(a) ‘Spreading rate’, the fifth paragraph is replaced by the following: ‘“Opaque primers and undercoats shall have a spreading rate of at least 8 m2 per litre of product. Opaque primers with specific blocking/sealing, penetrating/binding properties and primers with special adhesion properties shall have a spreading rate of at least 6 m2 per litre of product.”’;

                     (2)

                     in criterion 3 (Efficiency in use), Table 2, in the eighth and ninth columns referring to ‘Primer (g)’ and ‘Undercoat and primer (h)’, the text ‘6 m2/L (without opacity)’ is replaced in both columns by the following: ‘6 m2/L (without having specific properties)’;

                     (3)

                     the Appendix is amended as follows:

                                 (a)

                                 in the Hazardous Substance Restriction and Derogation List the entry ‘1. Preservatives added to colourants, binders and the final product’ the section ‘(i) Rules relating to biocide authorisation status’ is replaced by the following:
                                 ‘(i)   Rules relating to the approval status of preservatives
                                 The paint formulation shall only contain active substances (within the meaning of Article 3(1)(c) of Regulation (EU) No 528/2012) that meet the requirements of 1a, 1b and 1c (as applicable) and are approved in accordance with Article 9(2) of Regulation (EU) No 528/2012 for use in product-type 6 in the case of 1a and 1b or product–type 7 in the case of 1c, or are included in Annex I to that Regulation. Furthermore, a risk assessment for professional and consumer (non-professional) use shall have been provided in the Assessment Report. Applicants should consult the most current approved active substance list of the EU (*) and Annex I to that Regulation.
                                 Paint formulations may contain preservatives for which a dossier has been submitted and which are under examination pending a decision on approval in the interim period up until the adoption of a positive decision to approve the active substance or to include it in Annex I to that Regulation.

                                    (*)  ECHA, Biocidal active substances — list of approved active substances, http://www.echa.europa.eu/web/guest/information-on-chemicals/biocidal-active-substances’;"

                                 (b)

                                 in the Hazardous Substance Restriction and Derogation List the entries ‘1(a) In-can preservatives’ and ‘1(b) Tinting (colourant) machine preservatives’ are replaced by the following:

                                                         ‘(a)

                                                         In-can preservatives

                                                Applicability:

                                             All products unless specified otherwise

                                             In-can preservatives classified with the following derogated hazard classifications may be used in ecolabelled products:

                                                Derogated classifications: H331 (R23), H400 (R50), H410 (R50/53), H411 (R51/53), H412 (R52/53), H317 (R43)
                                             In-can preservatives classified with these derogated classifications shall also meet the following derogation conditions:

                                                         —

                                                         The sum total concentration shall not exceed 0,060 % w/w

                                                         —

                                                         Substances classified with H400 (R50) and/or H410 (R50/53) shall be non-bioaccumulative. Non-bioaccumulative substances shall have a Log Kow ≤ 3,2 or a Bioconcentration Factor (BCF) ≤ 100.

                                                         —

                                                         For those substances that are approved for use or are included in Annex I to Regulation (EU) No 528/2012 evidence shall be provided that the approval conditions are respected for the paint product.

                                                         —

                                                         Where preservatives that are formaldehyde donors are used then formaldehyde content and emissions from the final product must meet the requirements in substance restriction 7(a)

                                                In-can preservatives

                                                Sum total in the final product: 0,060 % w/w

                                                Verification:

                                             Declaration by the applicant and their binder supplier supported by CAS numbers and classifications for the active substance in the final product and its binder.
                                             This shall include calculation by the applicant of the concentration of the active substance in the final product.
                                             All manufactured active substances for which 50 % or more of the particles in the number size distribution have one or more external dimensions in the size range 1 nm-100 nm shall be identified.

                                             Specific concentration limits applies to the following preservatives:

                                                Concentration limit

                                                         (i)

                                                         Zinc pyrithione

                                             0,050 %

                                                         (ii)

                                                         N-(3-aminopropyl)-N-dodecylpropane-1, 3-diamine

                                             0,050 %

                                                         (b)

                                                         Tinting (colourant) machine preservatives

                                             The derogated hazard classifications and the derogation conditions listed under 1(a) shall apply also to preservatives used to protect colour tints whilst stored in machines prior to mixing with base paints.
                                             Preservatives added to protect tints that will be dispensed from machines shall not exceed a sum total of 0,20 % w/w.
                                             The following preservatives are subject to specific maximum concentration limits contributing to the sum total of preservatives in the colourant:

                                                Sum total preservatives in the colourant:

                                             0,20 % w/w

                                                Verification:

                                             Declaration by the applicant and/or their tint supplier supported by CAS numbers and classifications for the active substance in the final product and its binder.
                                             This shall include calculation of the concentration of the active substance in the final tint product.
                                             All manufactured active substances for which 50 % or more of the particles in the number size distribution have one or more external dimensions in the size range 1 nm-100 nm shall be identified.’

                                                         (i)

                                                         3-iodo-2-propynyl butylcarbamate (IPBC)

                                             0,10 %

                                                         (ii)

                                                         Zinc pyrithione

                                             0,050 %

                                                         (iii)

                                                         N-(3-aminopropyl)-N-dodecylpropane-1, 3-diamine

                                             0,050 %

                                 (c)

                                 in the Hazardous Substance Restriction and Derogation List the entry ‘1(c) Dry film preservatives’ is replaced by the following:

                                                         ‘(c)

                                                         Dry film preservatives

                                                Applicability:

                                             Outdoor paints, indoor paints for specific applications

                                             Dry film preservatives and their stabilisers classified with the following derogated hazard classifications may be used in all outdoor products and only specific indoor products:

                                                Derogated classifications: H400 (R50), H410 (R50/53), H411 (R51/53), H412 (R52/53), H317 (R43)
                                             Dry film preservatives classified with these derogated classifications must also meet the following derogation conditions:

                                                         —

                                                         The sum total concentration shall not exceed 0,10 % w/w or 0,30 % w/w (as relevant).

                                                         —

                                                         Substances classified with H400 (R50) and/or H410 (R50/53) shall be non-bioaccumulative. Non-bioaccumulative substances shall have a Log Kow ≤ 3,2 or a Bioconcentration Factor (BCF) ≤ 100.

                                                         —

                                                         For those substances that are approved for use or are included in Annex I to Regulation (EU) No 528/2012 evidence shall be provided that the approval conditions are respected for the paint product.

                                                   A higher sum total and a derogation from the requirements in criterion 5a which shall allow for the final product to become classified as hazardous for the aquatic environment (Chronic Category 3) and to carry the hazard statement H412 applies to the use of the following dry film preservative for the specified applications only:

                                                Dry film preservatives

                                                Sum total in the final product:

                                                         Indoor paints intended for use in areas with high humidity, including kitchens and bathrooms
                                                         0,10 % w/w

                                                         All outdoor paint applications
                                                         0,30 % w/w

                                                Verification:

                                             Declaration by the applicant and their binder supplier supported by CAS numbers and classifications for the active substances in the final product and its binder.
                                             This shall include calculation by the applicant of the concentration of the active substances in the final product.
                                             All manufactured active substances for which 50 % or more of the particles in the number size distribution have one or more external dimensions in the size range 1 nm-100 nm shall be identified.’

                                             3-iodo-2-propynyl butylcarbamate (IPBC) combinations
                                             Outdoor paints and varnishes

                                                Outdoor paints sum total

                                                for IPBC combinations:

                                             0,650 %

                                             Specific concentration limits applies to the following preservative:

                                             Zinc pyrithione

                                             0,050 %

                                 (d)

                                 in the Hazardous Substance Restriction and Derogation List an entry ‘8. Substances in binders and polymer dispersions’ is added as follows:

                                                         ‘8.

                                                         Substances in binders and polymer dispersions

                                                         (a)

                                                         Binders and cross linking agents

                                                Applicability:

                                                         —

                                                         Interior/exterior trim

                                                         —

                                                         Decoration, protection and coating of wood

                                                         —

                                                         Metal coatings

                                                         —

                                                         Floor coating

                                                         —

                                                         High gloss coating

                                                         —

                                                         Architectural and decorative coating

                                             Adipic acid dihydrazide (ADH) used as adhesion promoter or as a cross linking agent

                                             1,0 % w/w

                                                Verification:

                                             A declaration shall be provided by the applicant and their raw material suppliers supported by calculations or by an analytical test report.

                                                         (b)

                                                         Reaction products and residues

                                                Applicability:

                                             Products with polymer binder systems

                                             The presence of residual methanol is restricted depending on the content of binder in the final product.

                                                Verification:

                                             A declaration shall be provided by the applicant and their raw material suppliers supported by calculations or by an analytical test report.’

                                                         —

                                                         more than 10 % and up to 20 % binder content in the final product

                                             0,02 % w/w

                                                         —

                                                         more than 20 % and up to 40 % binder content in the final product

                                             0,03 % w/w

                                                         —

                                                         more than 40 % binder content in the final product

                                             0,05 % w/w


title: 2007/96/EC: Council Decision of 12 February 2007 appointing a Spanish member of the Committee of the Regions

text:
               14.2.2007

               EN

               Official Journal of the European Union

               L 42/23

      COUNCIL DECISION

   of 12 February 2007
   appointing a Spanish member of the Committee of the Regions
   (2007/96/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal from the Spanish Government,
   Whereas:

               (1)

               On 24 January 2006 the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

               (2)

               A seat as a member of the Committee of the Regions has become vacant following the end of the mandate of Mr Pasqual MARAGALL i MIRA,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Mr José MONTILLA AGUILERA, Presidente de la Generalitat de Cataluña, is hereby appointed a member of the Committee of the Regions in place of Mr Pasqual MARAGALL i MIRA for the remainder of his term of office, which runs until 25 January 2010.
   Article 2
   This Decision shall take effect on the date of its adoption.

      Done at Brussels, 12 February 2007.

            For the Council

            The President

         F.-W. STEINMEIER

      (1)  OJ L 56, 25.2.2006, p. 75.


title: Council Decision of 27 June 1974 concluding the Agreement between the European Economic Community and the Republic of Peru on the supply of common wheat as food aid

text:
9 . 8 . 74                        Official Journal of the European Communities                        No L 219 / 19
                                              COUNCIL DECISION
                                                 of 27 June 1974
            concluding the Agreement between the European Economic Community and the Republic
                            of Peru on the supply of common wheat as food aid
                                                   (74/405/EEC)
            THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
           Having regard to the Treaty establishing the European Economic Community, and in
           particular Articles 113 , 114 and 228 thereof;
                                                                                t
                                                                                Li
            Having regard to the recommendation from the Commission ;
           Whereas the European Economic Community has deposited a Declaration of provisional
           application of the 1971 Food Aid Convention ; whereas that Convention has been
           applicable since 1 July 1971 ;
           Whereas by its letter of 13 October 1972, the Republic of Peru has requested food aid ;
           Whereas in view of the cereal supply situation in Peru that country should be accorded,
           by way of gift, 15 000 metric tons of common wheat under the Community Food Aid
           Programme for 1972/73 ,
           HAS DECIDED AS FOLLOWS :
                                                     Article 1
           The Agreement between the European Economic Community and the Republic of Peru
           on the supply of common wheat as food aid, the text of which is annexed to this
           Decision, is hereby concluded on behalf of the Community.
                                                     Article 2
           The President of the Council is hereby authorized to designate the persons empowered
           to sign the Agreement and to confer on them the necessary powers to bind the Com
           munity.
           Done at Luxembourg, 27 June 1974.
                                                                                For the Council
                                                                                The President
                                                                                K. GSCHEIDLE


title: 86/346/EEC: Council Decision of 25 June 1986 accepting on behalf of the Community the European Agreement on the Exchange of Therapeutic Substances of Human Origin

text:
 30. 7 . 86                           Official Journal of the European Communities                           No L 207 / 1
                                                             II
                                          (Acts whose publication is not obligatory)
                                                    COUNCIL
                                                  COUNCIL DECISION
                                                      of 25 June 1986
                  accepting on behalf of the Community the European Agreement on the Exchange of
                                        Therapeutic Substances of Human Origin
                                                      (86/346/ EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         Whereas the Community ought therefore to become a
                                                                 Contracting Party to the Agreement,
Having regard to the Treaty establishing the European
Community,                                                       HAS DECIDED AS FOLLOWS :
Having regard to the proposal from the Commission,
                                                                                Article 1
Whereas Article 5 ( 1 ) of the European Agreement on
the Exchange of Therapeutic Substances of Human                  The European Agreement on the Exchange of Thera
Origin provides that the Contracting Parties shall take          peutic Substances of Human Origin is hereby accepted
all necessary measures to exempt from all import duties          on behalf of the European Economic Community.
the therapeutic substances of human origin placed at             The text of the Agreement is attached to this Decision.
their disposal by the other Parties ;
Whereas any derogation from the Common Customs                                          Article 2
Tariff, whether autonomous or conventional, falls
within the sole competence of the Community ;                    The President of the Council is hereby authorized to
                                                                 designate the persons empowered to sign the Agree
Whereas the entry into force of an additional Protocol           ment in order to bind the Community.
to the Agreement enabling the European Economic
Community to become a Contracting Party to that                  Done at Luxembourg, 25 June 1986.
Agreement allows the Community to exercise its
competence in this matter ; whereas the derogations                                                 For the Council
provided for in the Agreement are already granted by                                                 The President
Community rules of relief from customs duty ;                                                         G. BRAKS


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41983D0558

83/558/ECSC: Decision of the representatives of the Governments of the Member States of the European Coal and Steel Community meeting within the Council of 4 November 1983 establishing ceilings and Community supervision for imports of certain goods originating in Yugoslavia (1984)

Official Journal L 324 , 21/11/1983 P. 0023 - 0027

+++++( 1 ) OJ NO L 41 , 14 . 2 . 1983 , P . 113 .  ( 2 ) OJ NO L 41 , 14 . 2 . 1983 , P . 2 .  DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY MEETING WITHIN THE COUNCIL OF 4 NOVEMBER 1983 ESTABLISHING CEILINGS AND COMMUNITY SUPERVISION FOR IMPORTS OF CERTAIN GOODS ORIGINATING IN YUGOSLAVIA ( 1984 ) ( 83/558/ECSC )  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY MEETING WITHIN THE COUNCIL  IN AGREEMENT WITH THE COMMISSION ,  HAVE DECIDED AS FOLLOWS :  ARTICLE 1  1 . IMPORTS OF CERTAIN PRODUCTS ORIGINATING IN YUGOSLAVIA AND INDICATED IN ARTICLE 3 OF THE AGREEMENT BETWEEN THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY AND THE EUROPEAN COAL AND STEEL COMMUNITY , OF THE ONE PART , AND THE SOCIALIST FEDERAL REPUBLIC OF YUGOSLAVIA , OF THE OTHER PART ( 1 ) , SHALL BE SUBJECT TO ANNUAL CEILINGS AND TO COMMUNITY SUPERVISION FROM 1 JANUARY TO 31 DECEMBER 1984 .  THE DESCRIPTION OF THE GOODS REFERRED TO IN THE PRECEDING SUBPARAGRAPH , THEIR TARIFF HEADINGS AND STATISTICAL NUMBERS AND THE LEVELS OF THE INDICATIVE CEILINGS ARE GIVEN IN THE ANNEX HERETO .  2 . AMOUNTS SHALL BE SET OFF AGAINST THE CEILINGS AS AND WHEN THE GOODS ARE ENTERED WITH CUSTOMS AUTHORITIES FOR FREE CIRCULATION AND ACCOMPANIED BY A MOVEMENT CERTIFICATE CONFORMING TO THE RULES CONTAINED IN PROTOCOL 3 TO THE COOPERATION AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE SOCIALIST FEDERAL REPUBLIC OF YUGOSLAVIA ( 2 ) .  GOODS SHALL BE SET OFF AGAINST CEILING ONLY IF THE MOVEMENT CERTIFICATE HAS BEEN SUBMITTED BEFORE THE DATE ON WHICH CUSTOMS DUTIES ARE REIMPOSED .  THE REACHING OF A CEILING SHALL BE DETERMINED AT COMMUNITY LEVEL ON THE BASIS OF IMPORTS SET OFF AGAINST IT IN THE MANNER DEFINED IN THE PRECEDING SUBPARAGRAPHS .  THE MEMBER STATES SHALL PERIODICALLY INFORM THE COMMISSION OF IMPORTS EFFECTED IN ACCORDANCE WITH THE ABOVE RULES ; SUCH INFORMATION SHALL BE SUPPLIED UNDER THE CONDITIONS LAID DOWN IN PARAGRAPH 4 .  3 . AS SOON AS THE CEILINGS ARE REACHED AT COMMUNITY LEVEL , MEMBER STATES MAY AT ANY TIME , AT THE REQUEST OF ANY ONE OF THEM OR OF THE COMMISSION , AND IN RESPECT OF THE WHOLE OF THE COMMUNITY , REINTRODUCE THE LEVYING OF THE CUSTOMS DUTIES APPLICABLE TO THIRD COUNTRIES .  IN THE CASE OF SUCH A REIMPOSITION , GREECE SHALL REINTRODUCE THE LEVYING OF THE CUSTOMS DUTIES WHICH IT APPLIES TO THIRD COUNTRIES AT THE DATE IN QUESTION .  WITHIN THE FRAMEWORK OF THE FOREGOING PROVISIONS , THE COMMISSION SHALL COORDINATE THE PROCEDURES FOR REINTRODUCING THE CUSTOMS DUTIES APPLICABLE TO THIRD COUNTRIES , IN PARTICULAR BY NOTIFYING THE DATE COMMON TO THE WHOLE OF THE COMMUNITY AND DIRECTLY APPLICABLE IN EACH MEMBER STATE . THIS NOTIFICATION SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  4 . MEMBER STATES SHALL FORWARD TO THE COMMISSION , NOT LATER THAN THE 15TH DAY OF EACH MONTH , STATEMENTS OF THE AMOUNTS SET OFF DURING THE PRECEDING MONTH . THEY SHALL , IF THE COMMISSION SO REQUESTS , MAKE UP SUCH STATEMENTS FOR PERIODS OF 10 DAYS AND FORWARD THEM WITHIN FIVE CLEAR DAYS OF EXPIRY OF THE PRECEDING 10-DAY PERIOD .  ARTICLE 2  MEMBER STATES AND THE COMMISSION SHALL COOPERATE CLOSELY TO ENSURE THAT THIS DECISION IS COMPLIED WITH .  ARTICLE 3  MEMBER STATES SHALL TAKE ALL MEASURES NECESSARY TO IMPLEMENT THIS DECISION .  DONE AT BRUSSELS , 4 NOVEMBER 1983 .  THE PRESIDENT  C . VAITSOS  ANNEX : SEE OJ NO L 324 OF 21 . 11 . 1983 .


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41998D0002

The Schengen acquis - Decision of the Executive Committee of 21 April 1998 on the activities of the Task Force (SCH/Com-ex (98) 1, rev. 2)

Official Journal L 239 , 22/09/2000 P. 0191 - 0192

DECISION OF THE EXECUTIVE COMMITTEEof 21 April 1998on the activities of the Task Force(SCH/Com-ex (98)1 rev. 2)THE EXECUTIVE COMMITTEE,Having regard to Article 132 of the Convention implementing the Schengen Agreement,Having regard to Article 6 of the abovementioned Convention,HAS DECIDED AS FOLLOWS:Given the increase in the number of foreign nationals immigrating into the Schengen States, in particular nationals of Iraq and other States, it is necessary, in the context of recommendations either already made or still under discussion in the European Union, to step up external border checks and take practical steps to underpin the effectiveness of such checks in accordance with a joint plan.In accordance with the rule of specific powers, it is possible within the bounds of the Schengen remit to focus particular attention on the pull factors underlying this irregular immigration flow without losing sight of the fact that other bodies are to deal with the causes of this phenomenon in the regions of origin and transit.The Executive Committee proposes that the Schengen States immediately begin to implement the following measures for checks at the external borders, whilst taking into account the recommendations contemplated within the European Union in other areas and whilst stressing the need for appropriate steps also to be taken in implementation of the Dublin Convention:- the reinforcement of entry checks at the external borders by deploying extra personnel and modern technology,- securing the areas at airports not accessible to the public with regard to flights from outside the Schengen area and transfer passengers; parallel measures at ports serving international traffic,- the provision of mutual assistance in the initial and further training both of staff responsible for carrying out checks at airports and ports and of airline personnel, for instance by means of bilateral exchange programmes; greater use and the reciprocal provision of modern technology and an increase in the number of staff deployed,- the inspection of ferries both during loading and when putting out to sea,- implementing and fostering the harmonisation of sanctions on and arrangements with carriers transporting illegal immigrants to the Schengen area,- the performance of pre-boarding checks at high-risk points of departure still to be specified,- the exchange of information on routes and modus operandi used for smuggling illegal immigrants, stepping up practical cooperation between police authorities and border protection authorities, stepping up cooperation between these authorities and liaison officers from Schengen States working in third countries; the exchange of officials from the Contracting Parties by mutual agreement in order to monitor the effectiveness of measures to prevent illegal immigration,- in compliance with the relevant national law, the fingerprinting of every foreign national entering the Schengen area illegally whose identity cannot be established with certainty on the basis of valid documents; retention of fingerprints for the purpose of informing the authorities in other Schengen States; the principles of personal data protection law applicable in the European Union are to be observed,- in compliance with the relevant national law, preventing foreign nationals who have entered the Schengen area illegally and whose identity cannot be established with certainty from absconding, either until such time as their identity has been clearly established or until the measures required by the aliens police have been ordered and implemented,- the immediate expulsion of foreign nationals who have entered the territory of the Contracting States illegally in so far as they have no right to remain,- supporting negotiations on a readmission agreement between the Schengen States on the one hand and Turkey, the Czech Republic, the Slovak Republic, Hungary and Slovenia on the other,- improving practical cooperation between Schengen States in the application of the Dublin Convention.These measures shall be implemented:- whilst respecting the national sovereignty of each of the States,- in accordance with the law of the Contracting States, in other words, if national law so permits,- without prejudice to the provisions of existing bilateral agreements,- in accordance with the Schengen Implementing Convention, and in particular Articles 134 and 142 thereof, in particular regarding the Dublin Convention.In view of the need to steer the implementation of these measures and build on them, the Presidency is requested to set up a Task Force composed at least of representatives of the six most affected States. This Task Force should meet at short intervals and report to the next Executive Committee.This Decision is to be implemented as a complement to the EU action plan. The necessary coordination is to take place at the level of the K4 Committee and the Central Group.Brussels, 21 April 1998.The ChairmanJ. Vande Lanotte


title: Council Decision 2012/212/CFSP of 23 April 2012 amending Decision 2010/639/CFSP concerning restrictive measures against Belarus

text:
               25.4.2012

               EN

               Official Journal of the European Union

               L 113/11

         COUNCIL DECISION 2012/212/CFSP
   of 23 April 2012
   amending Decision 2010/639/CFSP concerning restrictive measures against Belarus
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 25 October 2010, the Council adopted Decision 2010/639/CFSP (1).

               (2)

               It is necessary to include a derogation to the asset freeze in Decision 2010/639/CFSP in order to ensure that funds or economic resources can be released or be made available for the official purposes of diplomatic missions or consular posts or international organisations enjoying immunities in accordance with international law.

               (3)

               Decision 2010/639/CFSP should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   In Article 3(1) of Decision 2010/639/CFSP, the following point is added:

               "(e)

               to be paid into or from an account of a diplomatic mission or consular post or an international organisation enjoying immunities in accordance with international law, in so far as such payments are intended to be used for official purposes of the diplomatic mission or consular post or international organisation.".

         Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 23 April 2012.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 280, 26.10.2010, p. 18.