title: 2004/692/EC: Council Decision of 24 September 2004 concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Moldova establishing a double-checking system without quantitative limits in respect of the export of certain steel products from the Republic of Moldova to the European Community

text:
               14.10.2004

               EN

               Official Journal of the European Union

               L 315/32

         COUNCIL DECISION
   of 24 September 2004
   concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Moldova establishing a double-checking system without quantitative limits in respect of the export of certain steel products from the Republic of Moldova to the European Community
   (2004/692/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of one part, and the Republic of Moldova, of the other part (1), entered into force on 1 July 1998.

               (2)

               The Commission has finalised the negotiations for an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Moldova establishing a double-checking system without quantitative limits in respect of the export of certain steel products from the Republic of Moldova to the European Community,

         HAS DECIDED AS FOLLOWS:
   Article 1
   1.   The Agreement in the form of an Exchange of Letters between the European Community and the Republic of Moldova establishing a double-checking system without quantitative limits in respect of the export of certain steel products from the Republic of Moldova to the European Community is hereby approved on behalf of the Community.
   2.   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person empowered to sign the Agreement in order to bind the European Community.

      Done at Brussels, 24 September 2004.

            For the Council

            The President

         L. J. BRINKHORST

      (1)  OJ L 181, 24.6.1998, p. 3.
   IN THE FORM OF AN EXCHANGE OF LETTERS
   between the European Community and the Republic of Moldova establishing a double-checking system without quantitative limits in respect of certain steel products from the Republic of Moldova to the European Community
   Sir,

               1.

               I have the honour to refer to the consultations between the European Community and the Government of the Republic of Moldova on trade in certain steel products.

               2.

               Following these consultations the Parties hereby agree to establish a double-checking system, without quantitative limits, in respect of certain steel products in order to improve transparency and to avoid possible diversions of trade. The details of the double-checking system are annexed to this letter.

               3.

               This Exchange of Letters is without prejudice to the application of the relevant provisions of the bilateral agreements on trade and trade-related matters, in particular those relating to anti-dumping and safeguard measures.

               4.

               Either Party may at any time propose amendments to the Annex or the Appendices thereto, which shall require the mutual consent of the Parties and shall take effect as agreed by them. Should anti-dumping or safeguard investigations be initiated or measures introduced in the European Community concerning a product under the double-checking system, Moldova will decide whether to exclude the product in question from the double-checking system. Such a decision shall not affect the entry into free circulation of the product in question into the European Community.

               5.

               In conclusion, I have the honour to propose that if this letter, the Annex and the Appendices thereto are acceptable to your Government, this letter and your confirmation shall together constitute an agreement between the European Community and the Republic of Moldova, which shall enter into force on the date of your reply.

         Please accept, Sir, the assurance of my highest consideration,

      Hecho en Bruselas, el
      V Bruselu dne
      Udfærdiget i Bruxelles, den
      Geschehen zu Brüssel am
      Brüssel,
      Έγινε στις Βρυξέλλες, στις
      Done at Brussels,
      Fait à Bruxelles, le
      Fatto a Bruxelles, addì
      Briselē,
      Priimta Briuselyje,
      Kelt Brüsszelben,
      Magÿmula fi Brussel,
      Gedaan te Brussel,
      Sporządzono w Brukseli, dnia
      Feito em Bruxelas,
      V Bruseli
      V Bruslju,
      Tehty Brysselissä
      Utfärdat i Bryssel den
      Întocmit la Bruxelles

      Por la Comunidad Europea
      Za Evropské společenství
      For Det Europæiske Fællesskab
      Für die Europäische Gemeinschaft
      Euroopa Ühenduse nimel
      Για την Ευρωπαϊκή Κοινότητα
      For the European Community
      Pour la Communauté européenne
      Per la Comunità europea
      Eiropas Kopienas vārdā
      Europos bendrijos vardu
      az Európai Közösség részéről
      Ghall-Komonità Ewropea
      Voor de Europese Gemeenschap
      W imieniu Wspólnoty Europejskiej
      Pela Comunidade Europeia
      Za Európske spoločenstvo
      za Evropsko skupnost
      Euroopan yhteisön puolesta
      På Europeiska gemenskapens vägnar
      din partea Comunitătii Europene

   Sir,
   I have the honour to acknowledge receipt of your letter of 29 September 2004 which reads as follows:

                  ‘1.

                  I have the honour to refer to the consultations between the European Community and the Government of the Republic of Moldova on trade in certain steel products.

                  2.

                  Following these consultations the Parties hereby agree to establish a double-checking system, without quantitative limits, in respect of certain steel products in order to improve transparency and to avoid possible diversions of trade. The details of the double-checking system are annexed to this letter.

                  3.

                  This Exchange of Letters is without prejudice to the application of the relevant provisions of the bilateral agreements on trade and trade-related matters, in particular those relating to anti-dumping and safeguard measures.

                  4.

                  Either Party may at any time propose amendments to the Annex or the Appendices thereto, which shall require the mutual consent of the Parties and shall take effect as agreed by them. Should anti-dumping or safeguard investigations be initiated or measures introduced in the European Community concerning a product under the double-checking system, Moldova will decide whether to exclude the product in question from the double-checking system. Such a decision shall not affect the entry into free circulation of the product in question into the European Community.

                  5.

                  In conclusion, I have the honour to propose that if this letter, the Annex and the Appendices thereto are acceptable to your Government, this letter and your confirmation shall together constitute an agreement between the European Community and the Republic of Moldova, which shall enter into force on the date of your reply.’

   I have the honour to confirm that the above is acceptable to my Government and that your letter, this reply and the attached Annex and Appendices together constitute an agreement, in accordance with your proposal.
   Please accept, Sir, the assurance of my highest consideration,

      Hecho en Bruselas, el
      V Bruselu dne
      Udfærdiget i Bruxelles, den
      Geschehen zu Brüssel am
      Brüssel,
      Έγινε στις Βρυξέλλες, στις
      Done at Brussels,
      Fait à Bruxelles, le
      Fatto a Bruxelles, addì
      Briselē,
      Priimta Briuselyje,
      Kelt Brüsszelben,
      Magÿmula fi Brussel,
      Gedaan te Brussel,
      Sporządzono w Brukseli, dnia
      Feito em Bruxelas,
      V Bruseli
      V Bruslju,
      Tehty Brysselissä
      Utfärdat i Bryssel den
      Întocmit la Bruxelles

      din partea Guvernului Republicii Moldova
      Por el Gobierno de la República de Moldava
      Za vládu Moldavské republiky
      For regeringen for Republikken Moldova
      Für die Regierung der Republik Moldau
      Moldova Vabariigi valitsuse nimel
      Για την κυβέρνηση της Δημοκρατίας της Μολδαβίας
      For the Government of the Republic of Moldova
      Pour le gouvernement de la République de Moldova
      Per il governo della Repubblica moldova
      Moldovas Republikas valdības vārdā
      Moldovos Respublikos Vyriausybės vardu
      a Moldovai Köztársaság kormánya nevében
      Ghall-Gvern tar-Repubblika tal-Moldova
      Voor de regering van de Republiek Moldavië
      W imieniu Rządu Republiki Mołdowy
      Pelo Governo da República da Moldova
      za vládu Moldavskej republiky
      Za Vlado Republike Moldavije
      Moldovan tasavallan hallituksen puolesta
      För Republiken Moldaviens regering

   ANNEX
   to the Agreement in the form of an exchange of letters between the European Community and the Republic of Moldova establishing a double-checking system without quantitative limits in respect of the export of certain steel products from the Republic of Moldova to the European Community

               1.1.

               For the period 29 October 2004 to 31 December 2006, unless both Parties agree to terminate the system earlier, imports into the European Community of the products listed in Appendix I originating in Moldova shall be subject to the presentation of a surveillance document conforming to the model shown in Appendix II issued by the authorities in the European Community.

               1.2.

               For the period referred to in paragraph 1.1, unless both Parties agree to terminate the system earlier, imports into the European Community of the products listed in Appendix I and which originate in Moldova shall, in addition, be subject to the issue of an export document by the competent Moldovan authorities.

               1.3.

               In order to obtain the surveillance document, the importer must present the original of the export document fully completed. In any case, the importer must present the original of the export document not later than 31 March of the year following that in which the goods covered by the document were shipped.

               1.4.

               The surveillance document and the export document are issued for every transaction.

               1.5.

               Shipment is considered to have taken place on the date of loading on to the exporting means of transport.

               1.6.

               The export document shall conform to the model shown in Appendix III. It shall be valid for exports throughout the customs territory of the European Community.

               1.7.

               The Republic of Moldova shall notify the Commission of the European Communities of the names and addresses of the appropriate Moldova governmental authorities which are authorised to issue and verify export documents together with specimens of the stamps and signatures they use. The Republic of Moldova shall also notify the Commission of any change in these particulars.

               1.8.

               The classification of the products covered by this Agreement is based on the tariff and statistical nomenclature of the European Community (hereinafter referred to as the CN). The origin of the products covered by this Agreement shall be determined in accordance with the rules of non-preferential origin in force in the European Community.

               1.9.

               The competent authorities of the European Community undertake to inform the Republic of Moldova of any changes in the CN in respect of products covered by this Agreement before their date of entry into force in the European Community.

               1.10.

               Certain technical provisions on the implementation of the double-checking system are set out in Appendix IV.

               2.1.

               The Republic of Moldova undertakes to supply the European Community with precise statistical information on the export documents issued by the Moldova authorities pursuant to paragraph 1.2. Such information shall be transmitted to the European Community by the 28th of the month following the month to which the statistics relate.

               2.2.

               The European Community undertakes to supply the Moldova authorities with precise statistical information on surveillance documents issued by Member States in respect of the export documents issued by the Moldova authorities pursuant to paragraph 1.1. Such information shall be transmitted to the Moldova authorities by the 28th of the month following the month to which the statistics relate.

               3.

               If necessary, at the request of either of the Parties, consultations shall be held on any problems arising from the operation of this Agreement. Such consultations shall be held promptly. Any consultations held under this paragraph shall be approached by both Parties in a spirit of cooperation and with a desire to reconcile the difference between them.

               3.1.

               Without prejudice to paragraph 2.2, and with a view to ensuring the effective functioning of this Agreement, the Community and the Republic of Moldova agree to take all necessary steps to prevent and/or investigate, or to take any necessary legal and/or administration action against circumvention, notably by transhipment, re-routing, false declaration concerning the country of origin, falsification of export documents and/or other documents, false declaration concerning quantities, description or classification of merchandise. Accordingly, the Community and the Republic of Moldova agree to establish the necessary legal provisions and administrative procedures, in accordance with their internal legislation, permitting effective action to be taken against such circumvention, which shall include the adoption of legally binding corrective measures against exporters and/or importers involved.

               3.2.

               Should the Parties believe on the basis of information available that this Agreement is being circumvented, the Parties shall request consultations, which shall be held immediately.

               3.3.

               Pending the results of the consultations referred to in paragraph 3.2, each Party shall, as a precautionary measure, and/or if so requested by the other Party, take all necessary measures, provided by internal legislation, to suspend or refuse the issuing of the export document and surveillance document. The Republic of Moldova may also consider to withdraw the issued export documents.

               3.4.

               Should the Parties fail, in the course of the consultations referred to in paragraph 3.2, to reach a mutually satisfactory solution, the Community shall have a right to refuse to import the product in question where sufficient evidence shows false declaration concerning quantities description or classification or country of origin has occurred.

               4.

               Any notices to be given hereunder shall be given:

                           —

                           in respect of the European Community, to the Commission of the European Communities,

                           —

                           in respect of Moldova, to the Mission of the Republic of Moldova to the European Communities.

         Appendix I

               7202

               7203

               7206

               7207

               7208

               7209

               7210

               7211

               7212

               7213

               7214

               7215

               7216

               7217

               7218

               7219

               7220

               7221

               7222

               7223

               7224

               7225

               7226

               7227

               7228

               7229

               7301

               7303

               7304

               7305

               7306

               7307

               7312

         Appendix II

   Appendix III

   Appendix IV
   MOLDOVA
   Technical provisions on the implementation of the double-checking system

               1.

               The export documents shall measure 210 × 297 mm. The paper used shall be white writing paper, sized, not containing mechanical pulp, and weighing not less than 25 g/m2. They shall be made out in English. If they are completed by hand, entries must be in ink and in printed script. These documents may comprise additional copies duly indicated as such. If the documents have several copies only the top copy is the original. This copy shall be clearly marked as ‘original’ and other copies as ‘copies’. Only the original shall be accepted by the competent authorities of the European Community as being valid for the control of export to the European Community in accordance with the provisions of the double-checking system.

               2.

               Each document shall bear a standardised serial number, whether or not printed, by which it can be identified. This number shall be composed of the following elements:

                           —

                           two letters identifying the exporting country as follows: MO = Moldova,

                           —

                           two letters identifying the intended Member State of customs clearance as follows:

                                       BE

                                       =

                                       Belgium

                                       DK

                                       =

                                       Denmark

                                       DE

                                       =

                                       Germany

                                       EL

                                       =

                                       Greece

                                       ES

                                       =

                                       Spain

                                       FR

                                       =

                                       France

                                       IE

                                       =

                                       Ireland

                                       IT

                                       =

                                       Italy

                                       LU

                                       =

                                       Luxembourg

                                       NL

                                       =

                                       Netherlands

                                       AT

                                       =

                                       Austria

                                       PT

                                       =

                                       Portugal

                                       FI

                                       =

                                       Finland

                                       SE

                                       =

                                       Sweden

                                       GB

                                       =

                                       United Kingdom

                                       CZ

                                       =

                                       Czech Republic

                                       EE

                                       =

                                       Estonia

                                       CY

                                       =

                                       Cyprus

                                       LV

                                       =

                                       Latvia

                                       LT

                                       =

                                       Lithuania

                                       HU

                                       =

                                       Hungary

                                       MT

                                       =

                                       Malta

                                       PL

                                       =

                                       Poland

                                       SI

                                       =

                                       Slovenia

                                       SK

                                       =

                                       Slovak Republic

                           —

                           a one-digit number identifying the year, corresponding to the last figure in the respective year, e.g. ‘4’ for 2004,

                           —

                           a two-digit number from 01 to 99, identifying the particular issuing office concerned in the exporting country,

                           —

                           a five-digit number running consecutively from 00001 to 99999 allocated to the intended Member State of customs clearance.

               3.

               The export documents shall be valid for the calendar year during which they are issued, as shown in Box No 3 of the export document.

               4.

               Moldova need not show price information on the export document, but that information is available to the Commission authorities on request.

               5.

               Export documents may be issued after the shipment of the products to which they relate. In such cases they must bear the endorsement ‘issued retrospectively’.

               6.

               In the event of a theft, loss or destruction of an export document, the exporter may apply to the competent governmental authority which issued the document for a duplicate to be made out on the basis of the export documents in his possession. The duplicate of any such document so issued shall bear the endorsement ‘duplicate’. The duplicate shall bear the date of the original export document.

               7.

               The competent authorities of the European Community shall be informed immediately of the withdrawal or modification of any export documents already issued and, where relevant, of the basis for such action.


title: 2010/745/EU: Decision of the European Parliament and of the Council of 24 November 2010 on the mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management

text:
               4.12.2010

               EN

               Official Journal of the European Union

               L 318/42

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 24 November 2010
   on the mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management
   (2010/745/EU)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 26 thereof,
   Having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (2),
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The European Union has created a European Union Solidarity Fund (‘the Fund’) to show solidarity with the population of regions struck by disasters.

               (2)

               The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the Fund within the annual ceiling of EUR 1 billion.

               (3)

               Regulation (EC) No 2012/2002 contains the provisions whereby the Fund may be mobilised.

               (4)

               Ireland submitted an application to mobilise the Fund, concerning a disaster caused by severe flooding,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2010, the European Union Solidarity Fund shall be mobilised to provide the sum of EUR 13 022 500 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 24 November 2010.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         O. CHASTEL

      (1)  OJ C 139, 14.6.2006, p. 1.

      (2)  OJ L 311, 14.11.2002, p. 3.


Avis juridique important

|

41985D0161

85/161/ECSC: Decision of the representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council of 26 February 1985 amending Decision 77/707/ECSC concerning Community surveillance of imports of hard coal originating in third countries

Official Journal L 063 , 02/03/1985 P. 0020 - 0020 Spanish special edition: Chapter 12 Volume 4 P. 0282  Portuguese special edition Chapter 12 Volume 4 P. 0282  Finnish special edition: Chapter 11 Volume 11 P. 0178  Swedish special edition: Chapter 11 Volume 11 P. 0178

*****DECISION  OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL  of 26 February 1985  amending Decision 77/707/ECSC concerning Community surveillance of imports of hard coal originating in third countries  (85/161/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  Decision 77/707/ECSC (1) is hereby amended as follows:  1. Article 3 (2) is replaced by the following:  '2. The information referred to in paragraph 1 shall be communicated to the Commission within 80 days of the end of each quarter, broken down by the country of origin and by length of supply contract (one year and longer or less than one year).'  2. Article 4 is replaced by the following:  'Article 4  The Commission shall ensure that the information supplied pursuant to Article 3 remains confidential and is handled by officials who are bound by professional secrecy.  This provision shall not, however, prevent the Commission from publishing general or summary information, but at the earliest on the expiry of 80 days following the end of each quarter, in a form which, in respect of statistical secrecy, meets the following requirements:  - no financial data shall be published if less than four companies undertake more than 75 % of the imports from the country of origin in each quarter,  - publication of information must be in such terms as to preclude the reconstruction of financial information about individual deliveries.'  Article 2  Member States shall take the measures necessary to implement this Decision.  Done at Brussels, 26 February 1985.  The President  F. PANDOLFI  (1) OJ No L 292, 16. 11. 1977, p. 11.


Avis juridique important

|

31986D0241

86/241/EEC: Commission Decision of 25 April 1986 amending Decision 74/234/EEC with respect to the number of members of the Scientific Committee for Food

Official Journal L 163 , 19/06/1986 P. 0040 - 0040 Finnish special edition: Chapter 15 Volume 7 P. 0126  Swedish special edition: Chapter 15 Volume 7 P. 0126

*****COMMISSION  DECISION  of 25 April 1986  amending Decision 74/234/EEC with respect to the number of members of the Scientific Committee for Food  (86/241/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Whereas Commission Decision 74/234/EEC of 16 April 1974 establishing a Scientific Committee for Food (1) provides that the said committee shall be composed of not more than 15 members; whereas, in view of the enlargement of the Community since the said committee was established and in view of the increase in its work load, the maximum number of members provided for in the abovementioned Decision should be increased;  Whereas the Decision in question should therefore be amended,  HAS DECIDED AS FOLLOWS:  Article 1  In Article 3 of Commission Decision 74/234/EEC, '15 members' is replaced by '18 members'.  Done at Brussels, 25 April 1986.  For the Commission  COCKFIELD  Vice-President  (1) OJ No L 136, 20. 5. 1974.


title: 81/407/EEC: Council Decision of 12 May 1981 on the signing of the Protocols, 1981, for the sixth extension of the Wheat Trade Convention, 1971, and for the first extension of the Food Aid Convention, 1980, constituting the International Wheat Agreement, 1971, and the deposit of a declaration of provisional application of the said Protocols

text:
No L 155 / 24                      Official Journal of the European Communities                         13 . 6 . 81
                                                           II
                                       (Acts whose publication is not obligatory)
                                                 COUNCIL
                                               COUNCIL DECISION
                                                   of 12 May 1981
             on the signing of the Protocols, 1981, for the sixth extension of the Wheat Trade
             Convention, 1971, and for the first extension of the Food Aid Convention, 1980,
             constituting the International Wheat Agreement, 1971 , and the deposit of a declaration of
                                     provisional application of the said Protocols
                                                    (81 /407/EEC)
             THE COUNCIL OF THE EUROPEAN COMMUNITIES,
             Having regard to the Treaty establishing the European Economic Community, and in
             particular Article 113 thereof,
             Having regard to the recommendation from the Commission,
             HAS DECIDED AS FOLLOWS :
                                                        Article 1
             The President of the Council is hereby authorized to designate the person empowered to
             sign, subject to their being concluded subsequently, the Protocols, 1981 , for the sixth
             extension of the Wheat Trade Convention, 1971 , and for the first extension of the Food
             Aid Convention, 1980, constituting the International Wheat Agreement, 1971 .
                                                        Article 2
             The President of the Council is hereby also authorized to designate the person
             empowered to sign the declaration of provisional application of the Protocols referred to
             in Article 1 and to deposit the said declaration with the Government of the United States
             of America .
             The texts of the Protocols and of the declaration of provisional application are attached
             to this Decision.
             Done at Brussels, 12 May 1981 .
                                                                                For the Council
                                                                                The President
                                                                                G. BRAKS