Avis juridique important

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41983D0645

83/645/ECSC: Decision of the representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council, of 16 December 1983 applying for 1984 the generalized tariff preferences for certain steel products originating in developing countries

Official Journal L 362 , 24/12/1983 P. 0211 - 0224

+++++( 1 ) OJ NO L 148 , 28 . 6 . 1968 , P . 1 .  ( 2 ) OJ NO L 41 , 14 . 2 . 1983 , P . 113 AND OJ NO L 237 , 27 . 8 . 1983 , P . 1 .  ( 3 ) OJ NO L 183 , 14 . 7 . 1975 , P . 3 .  DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY , MEETING WITHIN THE COUNCIL , OF 16 DECEMBER 1983 APPLYING FOR 1984 THE GENERALIZED TARIFF PREFERENCES FOR CERTAIN STEEL PRODUCTS ORIGINATING IN DEVELOPING COUNTRIES ( 83/645/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 . FROM 1 JANUARY TO 31 DECEMBER 1984 , THE CUSTOMS DUTIES APPLICABLE TO THE PRODUCTS LISTED IN ANNEXES A AND B SHALL BE TOTALLY SUSPENDED WITHIN THE FRAMEWORK OF TARIFF QUOTAS AND CEILINGS .  IMPORTS INTO GREECE OF THE PRODUCTS REFERRED TO ABOVE SHALL BE SUBJECT TO THE CUSTOMS DUTIES ESTABLISHED IN ACCORDANCE WITH ARTICLE 117 OF THE ACT OF ACCESSION OF 1979 .  2 . THE ARRANGEMENTS PROVIDED FOR IN PARAGRAPH 1 SHALL APPLY SOLELY :  - IN ALL CUSTOMS AREAS OF THE COMMUNITY , TO EACH OF THE COUNTRIES OR TERRITORIES LISTED IN COLUMN 4 OF ANNEX A AGAINST EACH CATEGORY OF PRODUCTS LISTED IN COLUMNS 2 AND 3 ,  - IN THE COMMUNITY , TO EACH OF THE OTHER COUNTRIES OR TERRITORIES LISTED IN ANNEX C , WITH THE EXCEPTION OF YUGOSLAVIA , FOR THE SAME CATEGORIES OF PRODUCTS ,  - IN THE COMMUNITY , TO EACH OF THE COUNTRIES OR TERRITORIES LISTED IN ANNEX C FOR THE OTHER CATEGORIES OF PRODUCTS IN ANNEX B ,  SUBJECT TO OBSERVANCE OF THE CONCEPT OF ORIGINATING PRODUCTS .  3 . IMPORTS EXEMPT FROM CUSTOMS DUTIES UNDER OTHER PREFERENTIAL TARIFF ARRANGEMENTS GRANTED BY THE COMMUNITY MAY NOT BE CHARGED AGAINST THESE TARIFF QUOTAS OR CEILINGS . PREFERENTIAL ENTRY AS PROVIDED FOR IN THIS DECISION SHALL BE SUBJECT TO CONFORMITY WITH THE CONCEPT OF " ORIGINATING PRODUCTS " AS DETERMINED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 14 OF REGULATION ( EEC ) NO 802/68 ( 1 ) . HOWEVER , THE COMMUNITY PREFERENCE ARRANGEMENTS APPLICABLE TO YUGOSLAVIA SHALL RESULT EXCLUSIVELY FROM THE PROVISIONS CONTAINED IN THE AGREEMENT WITH THAT COUNTRY CONCERNING ECSC PRODUCTS ( 2 ) ; CONSEQUENTLY , FOR PRODUCTS SUBMITTED UNDER THE SAID AGREEMENT TO COMMUNITY TARIFF CEILINGS OR LISTED IN ANNEX A TO THIS DECISION , THE MOVEMENT CERTIFICATE EUR.1 SHALL BE DEEMED THE ONLY DOCUMENTARY EVIDENCE FOR THE GRANTING OF TARIFF PREFERENCES .  4 . THE COMMUNITY TARIFF QUOTAS AND CEILINGS SHALL BE ADMINISTERED IN ACCORDANCE WITH THE PROVISIONS SET OUT BELOW .  SECTION I  PROVISIONS CONCERNING THE ADMINISTRATION OF THE COMMUNITY TARIFF QUOTAS RELATING TO PRODUCTS LISTED IN ANNEX A  ARTICLE 2  THE TOTAL SUSPENSION OF CUSTOMS DUTIES WITHIN THE LIMITS OF THE COMMUNITY TARIFF QUOTAS REFERRED TO IN ARTICLE 1 ( 1 ) SHALL BE ACCORDED TO EACH COUNTRY OR TERRITORY LISTED IN COLUMN 4 OF ANNEX A IN RESPECT OF THE PRODUCTS INDICATED AGAINST ITS NAME IN COLUMNS 2 AND 3 TOGETHER WITH DETAILS IN COLUMN 5 OF THE AMOUNT OF THE INDIVIDUAL QUOTAS .  ARTICLE 3  1 . THE MEMBER STATES SHALL ADMINISTER THEIR TARIFF QUOTAS IN ACCORDANCE WITH THEIR OWN PROVISIONS .  2 . THE EXTENT TO WHICH A MEMBER STATE HAS USED UP ITS SHARE SHALL BE DETERMINED ON THE BASIS OF IMPORTS OF THE GOODS IN QUESTION WHICH HAVE BEEN ENTERED FOR FREE CIRCULATION , ON THE BASIS OF THE CUSTOMS VALUE OF THE SAID GOODS , AND WHICH ARE ACCOMPANIED BY A CERTIFICATE OF ORIGIN IN ACCORDANCE WITH THE RULES REFERRED TO IN ARTICLE 1 ( 2 ) .  ARTICLE 4  EACH MEMBER STATE SHALL REINTRODUCE THE LEVYING OF DUTIES WHICH HAVE BEEN SUSPENDED IN RESPECT OF A COUNTRY OR TERRITORY LISTED IN COLUMN 4 OF ANNEX A AS SOON AS IT FINDS THAT THE CHARGES AGAINST ITS NATIONAL QUOTA OF THE PRODUCTS CONCERNED ORIGINATING IN THAT COUNTRY OR TERRITORY HAVE REACHED THE AMOUNT LAID DOWN IN COLUMN 6 OF ANNEX A .  SECTION II  PROVISIONS CONCERNING THE ADMINISTRATION OF THE COMMUNITY TARIFF CEILINGS RELATING TO THE PRODUCTS LISTED IN ANNEXES A AND B  ARTICLE 5  SUBJECT TO ARTICLES 6 AND 7 , THE PREFERENTIAL TARIFF CEILING ARRANGEMENTS SHALL BE ACCORDED :  - FOR PRODUCTS IN ANNEX A , TO EACH OF THE COUNTRIES OR TERRITORIES LISTED IN ANNEX C , OTHER THAN THOSE WHICH MAY BE LISTED IN COLUMN 4 OF ANNEX A , WITHIN THE LIMITS OF THE AMOUNTS SPECIFIED IN COLUMN 7 OF ANNEX A , AGAINST EACH CATEGORY OF PRODUCTS ,  - FOR PRODUCTS IN ANNEX B , TO THE COUNTRIES OR TERRITORIES LISTED IN ANNEX C , CONSIDERED INDIVIDUALLY , WITHIN THE LIMITS OF A COMMUNITY CEILING EQUAL TO THE HIGHEST MAXIMUM AMOUNT VALID FOR 1980 UNDER EACH OF THE PREFERENTIAL CEILINGS OPENED FOR THAT YEAR . THE INDIVIDUAL CEILING THUS ESTABLISHED SHALL BE INCREASED BY 2 % TO TAKE ACCOUNT OF THE APPLICATION BY GREECE OF COMMUNITY TARIFF PREFERENCES .  ARTICLE 6  1 . AS SOON AS THE INDIVIDUAL CEILINGS FIXED OR CALCULATED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 5 , WHICH ARE LAID DOWN FOR IMPORTS INTO THE COMMUNITY , UNDER THE CONDITIONS WHICH IT SHALL DETERMINE , OF PRODUCTS ORIGINATING IN ANY OF THE COUNTRIES OR TERRITORIES REFERRED TO IN ARTICLE 1 ( 2 ) , ARE REACHED AT COMMUNITY LEVEL , THE 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 CORRESPONDING DUTIES ON IMPORTS OF THE PRODUCTS IN QUESTION FROM EACH OF THE COUNTRIES OR TERRITORIES CONCERNED UNTIL THE END OF THE PERIOD REFERRED TO IN ARTICLE 1 ( 1 ) .  2 . WITHIN THE FRAMEWORK OF THE FOREGOING PROVISIONS , THE COMMISSION SHALL COORDINATE THE PROCEDURES FOR REINTRODUCING NORMAL CUSTOMS DUTIES , 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 .  3 . HOWEVER , PARAGRAPHS 1 AND 2 SHALL NOT APPLY TO THE COUNTRIES LISTED IN ANNEX D .  ARTICLE 7  THE EXTENT TO WHICH CEILINGS HAVE BEEN USED UP SHALL BE DETERMINED AT COMMUNITY LEVEL ON THE BASIS OF IMPORTS CHARGED IN THE MANNER LAID DOWN IN ARTICLE 8 ( 1 ) AND ( 2 ) .  SECTION III  GENERAL PROVISIONS  ARTICLE 8  1 . IMPORTS OF THE PRODUCTS IN QUESTION SHALL BE CHARGED AGAINST THE QUOTA SHARES AND COMMUNITY CEILINGS AS AND WHEN THE PRODUCTS ARE ENTERED FOR FREE CIRCULATION , ON THE BASIS OF THE CUSTOMS VALUE OF THE SAID PRODUCTS , AND ARE ACCOMPANIED BY A CERTIFICATE OF ORIGIN IN ACCORDANCE WITH THE RULES LAID DOWN IN ARTICLE 1 ( 2 ) .  2 . GOODS MAY BE CHARGED AGAINST A CEILING OR ADMITTED UNDER A TARIFF QUOTA ONLY IF THE CERTIFICATE OF ORIGIN REFERRED TO IN PARAGRAPH 1 IS PRESENTED BEFORE THE DATE ON WHICH THE LEVYING OF DUTIES IS REINTRODUCED .  3 . FOR THE PURPOSES OF THE APPLICATION OF THIS DECISION , THE VALUE OF THE ECU , IN WHICH THE PREFERENTIAL AMOUNTS ARE EXPRESSED , AND THE RATE OF CONVERSION INTO NATIONAL CURRENCIES SHALL BE THAT PROVIDED FOR IN THE COMMON CUSTOMS TARIFF .  HOWEVER , FOR PRODUCTS LISTED IN ANNEX A UNDER ORDER NOS 2 , 3 AND 5 , CONVERSION INTO NATIONAL CURRENCIES OF THE PREFERENTIAL AMOUNTS EXPRESSED IN ECU SHALL BE CARRIED OUT IN ACCORDANCE WITH THE FOLLOWING RATES :  1 ECU = DM 2,538808  1 ECU = BFRS/LFRS 46,66648  1 ECU = FL 2,744856  1 ECU = FF 6,603582  1 ECU = LIT 1 220,04  1 ECU = DKR 8,027176  1 ECU = POUND IRL 0,6630486  1 ECU = POUND 0,545891  1 ECU = DR 69,67736  4 . AN AMENDMENT TO THE LIST OF BENEFICIARIES , IN PARTICULAR BY THE ADDITION OF NEW COUNTRIES OR TERRITORIES , MAY ENTAIL A CORRESPONDING ADJUSTMENT TO COMMUNITY TARIFF QUOTAS OR CEILINGS .  ARTICLE 9  1 . THE MEMBER STATES SHALL , WITHIN SIX WEEKS OF THE END OF EACH QUARTER AT THE LATEST , FORWARD TO THE STATISTICAL OFFICE OF THE EUROPEAN COMMUNITIES THE RELEVANT STATISTICAL DATA FOR THE PRODUCTS ENTERED FOR FREE CIRCULATION IN THE QUARTER CONCERNED UNDER GENERALIZED PREFERENTIAL TREATMENT IN ACCORDANCE WITH THE PROVISIONS OF THE PRESENT DECISION . THIS DATA , TRANSMITTED ACCORDING TO THE HEADINGS OF THE NOMENCLATURE OF GOODS FOR EXTERNAL TRADE STATISTICS OF THE COMMUNITY AND STATISTICS OF TRADE BETWEEN MEMBER STATES ( NIMEXE ) , SHALL SHOW THE COUNTRY OF ORIGIN , VALUE , QUANTITY AND ANY SUPPLEMENTARY UNITS AS DEFINED BY COUNCIL REGULATION ( EEC ) NO 1736/75 ( 3 ) .  2 . HOWEVER , IN THE CASE OF PRODUCTS IN ANNEX A SUBJECT TO QUOTAS , THE MEMBER STATES SHALL , BY THE 11TH DAY OF EACH MONTH AT THE LATEST , FORWARD THE LIST OF CHARGES EFFECTED DURING THE PREVIOUS MONTH . IN THE CASE OF PRODUCTS OF ANNEX A SUBJECT TO CEILINGS , THE MEMBER STATES SHALL FORWARD TO THE COMMISSION , AT ITS REQUEST AND UNDER THE SAME CONDITIONS , THE LIST OF CHARGES EFFECTED DURING THE PREVIOUS MONTH .  AT THE COMMISSION'S REQUEST , WHEN THE LEVEL OF 75 % OF THE CEILING IS REACHED , THE MEMBER STATES SHALL FORWARD THE LISTS OF CHARGES TO THE COMMISSION EVERY 10 DAYS ; THESE LISTS SHALL BE FORWARDED WITHIN FIVE DAYS OF THE END OF EACH 10-DAY PERIOD .  ARTICLE 10  THE MEMBER STATES SHALL , IN CLOSE COOPERATION WITH THE COMMISSION , TAKE ALL NECESSARY MEASURES TO ENSURE THAT THIS DECISION IS APPLIED .  ARTICLE 11  THE MEMBER STATES SHALL TAKE ALL MEASURES NECESSARY FOR THE IMPLEMENTATION OF THIS DECISION .  ARTICLE 12  THIS DECISION SHALL ENTER INTO FORCE ON 1 JANUARY 1984 .  DONE AT BRUSSELS , 16 DECEMBER 1983 .  THE PRESIDENT  A . TRITSIS  ANNEX A : SEE OJ NO L 362 OF 24 . 12 . 1983 .  ANNEX B  LIST OF PRODUCTS IN RESPECT OF WHICH THE COMMON CUSTOMS TARIFF DUTIES ARE COMPLETELY SUSPENDED UNDER THE GENERALIZED TARIFF PREFERENCES GRANTED TO DEVELOPING COUNTRIES AND TERRITORIES  ORDER NO * CCT HEADING NO AND NIMEXE CODE * DESCRIPTION  1 * 73.09 ( 73.09-00 ) * UNIVERSAL PLATES OF IRON OR STEEL  2 * 73.12 ( 73.12-11 , 19 , 21 , 51 , 71 ) * HOOP AND STRIP , OF IRON OR STEEL , HOT-ROLLED OR COLD-ROLLED :  * * A . NOT FURTHER WORKED THAN HOT-ROLLED  * * B . NOT FURTHER WORKED THAN COLD-ROLLED :  * * I . IN COILS FOR THE MANUFACTURE OF TINPLATE  * * C . CLAD , COATED OR OTHERWISE SURFACE-TREATED :  * * III . TINNED :  * * A ) TINPLATE  * * V . OTHER ( FOR EXAMPLE , COPPER-PLATED , ARTIFICIALLY OXIDIZED , LACQUERED , NICKEL-PLATED , VARNISHED , CLAD , PARKERIZED , PRINTED ) :  * * A ) NOT FURTHER WORKED THAN CLAD :  * * 1 . HOT-ROLLED  3 * 73.13 ( 73.13-41 ) ( 1 ) * SHEETS AND PLATES , OF IRON OR STEEL , HOT-ROLLED OR COLD-ROLLED :  * * B . OTHER SHEETS AND PLATES :  * * II . NOT FURTHER WORKED THAN COLD-ROLLED , OF A THICKNESS OF :  * * A ) 3 MM OR MORE  4 * 73.15 ( 73.65-53 ) ( 1 ) * ALLOY STEEL AND HIGH CARBON STEEL IN THE FORMS MENTIONED IN HEADING NOS 73.06 TO 73.14 :  * * A . HIGH CARBON STEEL :  * * VII . SHEETS AND PLATES :  * * B ) NOT FURTHER WORKED THAN COLD-ROLLED , OF A THICKNESS OF :  * * 1 . 3 MM OR MORE  * * B . ALLOY STEEL :  * * VII . SHEETS AND PLATES :  * * B ) OTHER SHEETS AND PLATES :  * * 2 . NOT FURTHER WORKED THAN COLD-ROLLED , OF A THICKNESS OF :  * ( 73.75-53 , 54 , 59 ) ( 1 ) * AA ) 3 MM OR MORE  5 * 73.16 ( 73.16-14 , 16 , 17 , 20 , 40 , 51 ) * RAILWAY AND TRAMWAY TRACK CONSTRUCTION MATERIAL OF IRON OR STEEL , THE FOLLOWING : RAILS , CHECK-RAILS , SWITCH BLADES , CROSSINGS ( OR FROGS ) , CROSSING PIECES , POINT RODS , RACK RAILS , SLEEPERS , FISH-PLATES , CHAIRS , CHAIRWEDGES , SOLE PLATES ( BASE PLATES ) , RAIL CLIPS , BEDPLATES , TIES , AND OTHER MATERIAL SPECIALIZED FOR JOINING OR FIXING RAILS :  * * A . RAILS :  * * II . OTHER  * * B . CHECK-RAILS  * * C . SLEEPERS  * * D . FISH-PLATES AND SOLE PLATES :  * * I . ROLLED  ( 1 ) PREFERENCES ARE ALSO GRANTED IN RESPECT OF PRODUCTS FALLING WITHIN THIS SUBHEADING , ORIGINATING IN ROMANIA .  ANNEX C  LIST OF DEVELOPING COUNTRIES AND TERRITORIES ENJOYING GENERALIZED TARIFF PREFERENCES ( 1 )  I . INDEPENDENT COUNTRIES  660 AFGHANISTAN ( 2 )  208 ALGERIA  330 ANGOLA  459 ANTIGUA AND BARBUDA  528 ARGENTINA  453 BAHAMAS  640 BAHRAIN  666 BANGLADESH ( 2 )  469 BARBADOS  421 BELIZE  284 BENIN ( 2 )  675 BHUTAN ( 2 )  516 BOLIVIA  391 BOTSWANA ( 2 )  508 BRAZIL  676 BURMA  328 BURUNDI ( 2 )  302 CAMEROON  306 CENTRAL AFRICAN REPUBLIC ( 2 )  244 CHAD ( 2 )  512 CHILE  720 CHINA  480 COLOMBIA  375 COMOROS ( 2 )  318 CONGO  436 COSTA RICA  448 CUBA  600 CYPRUS  460 DOMINICA  456 DOMINICAN REPUBLIC  500 ECUADOR  220 EGYPT  428 EL SALVADOR  310 EQUATORIAL GUINEA ( 2 )  334 ETHIOPIA ( 2 )  815 FIJI  314 GABON  252 GAMBIA ( 2 )  276 GHANA  473 GRENADA  416 GUATEMALA  260 GUINEA ( 2 )  257 GUINEA BISSAU ( 2 )  488 GUYANA  452 HAITI ( 2 )  424 HONDURAS  664 INDIA  700 INDONESIA  616 IRAN  612 IRAQ  272 IVORY COAST  464 JAMAICA  338 JIBUTI ( 2 )  628 JORDAN  696 KAMPUCHEA ( CAMBODIA )  346 KENYA  812 KIRIBATI  636 KUWAIT  684 LAOS ( 2 )  604 LEBANON  395 LESOTHO ( 2 )  268 LIBERIA  216 LIBYA  370 MADAGASCAR  386 MALAWI ( 2 )  701 MALAYSIA  667 MALDIVES ( 2 )  232 MALI ( 2 )  228 MAURITANIA  373 MAURITIUS  412 MEXICO  204 MOROCCO  366 MOZAMBIQUE  803 NAURU  672 NEPAL ( 2 )  432 NICARAGUA  240 NIGER ( 2 )  288 NIGERIA  652 NORTH YEMEN ( 2 )  649 OMAN  662 PAKISTAN  442 PANAMA  801 PAPUA NEW GUINEA  520 PARAGUAY  504 PERU  708 PHILIPPINES  644 QATAR  247 REPUBLIC OF CAPE VERDE ( 2 )  324 RWANDA ( 2 )  819 WESTERN SAMOA ( 2 )  311 SAO TOME AND PRINCIPE ( 2 )  632 SAUDI ARABIA  248 SENEGAL  355 SEYCHELLES AND DEPENDENCIES ( 2 )  264 SIERRA LEONE ( 2 )  706 SINGAPORE  806 SOLOMON ISLANDS  342 SOMALIA ( 2 )  728 SOUTH KOREA  656 SOUTH YEMEN ( 2 )  669 SRI LANKA  450 ST CHRISTOPHER AND NEVIS  465 ST LUCIA  467 ST VINCENT  224 SUDAN ( 2 )  492 SURINAM  393 SWAZILAND  608 SYRIA  352 TANZANIA ( 2 )  680 THAILAND  280 TOGO ( 2 )  817 TONGA ( 2 )  472 TRINIDAD AND TOBAGO  212 TUNISIA  807 TUVALU  350 UGANDA ( 2 )  647 UNITED ARAB EMIRATES  236 UPPER VOLTA ( 2 )  524 URUGUAY  816 VANUATU  484 VENEZUELA  690 VIETNAM  048 YUGOSLAVIA  322 ZAIRE  378 ZAMBIA  382 ZIMBABWE  ( 1 ) THE CODE NUMBER PRECEDING THE NAME OF EACH BENEFICIARY COUNTRY OR TERRITORY IS THAT GIVEN IN " GEONOMENCLATURE 1984 " ( REGULATION ( EEC ) NO 3537/82 - OJ NO L 371 , 30 . 12 . 1982 , P . 7 ) .  ( 2 ) THIS COUNTRY IS ALSO INCLUDED IN ANNEX D .


Avis juridique important

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31989D0693

89/693/EEC: Council Decision of 21 December 1989 concerning the conclusion of an Agreement between the European Economic Community and the Kingdom of Sweden on trade electronic data interchange systems

Official Journal L 400 , 30/12/1989 P. 0021 - 0021

COUNCIL DECISIONof 21 December 1989concerning the  conclusion of an Agreement between the European Economic Community and the Kingdom of Sweden on  trade electronic data interchange systems(89/693/EEC)THE COUNCIL OF THE EUROPEAN  COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  235 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas by Decision 87/499/EEC (4) the Council adopted a communications network Community programme  on trade electronic data interchange systems (Tedis); Whereas by Decision 89/241/EEC (5) the Council amended the said Decision in order to enable firms  in non-member countries with which the Community has concluded agreements associating those  countries with the Tedis programme to take part in that programme; Whereas, by that Decision 89/241/EEC, the Council also authorized the Commission to negotiate such  agreements with the members of the European Free Trade Association; Whereas the Agreement between the European Economic Community and the Kingdom of Sweden on trade  electronic data interchange systems should there be approved, HAS DECIDED AS FOLLOWS: Article 1The Agreement between the European Economic Community and the Kingdom  of Sweden on trade electronic data interchange systems is hereby approved on behalf of the  Community. The text of the Agreement is attached to this Decision. Article 2The President of the Council shall give, on behalf of the Community, the notification  provided for in Article 8 of the Agreement. Done at Brussels, 21 December 1989. For the CouncilThe PresidentE. CRESSON(1) OJ N° C 285, 11. 11. 1989, p.  6. (2) Opinion delivered on 15 December 1989 (not yet published in the Official Journal). (3) Opinion delivered on 19 December 1989 (not yet published in the Official Journal). (4) OJ N° L 285, 8. 10. 1987, p. 35. (5) OJ N° L 97, 11. 4. 1989, p. 46.


title: Council Decision 2014/685/CFSP of 29 September 2014 amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO

text:
               30.9.2014

               EN

               Official Journal of the European Union

               L 284/51

         COUNCIL DECISION 2014/685/CFSP
   of 29 September 2014
   amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo (1), EULEX KOSOVO
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28, Article 42(4) and Article 43(2), thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 4 February 2008, the Council adopted Joint Action 2008/124/CFSP (2).

               (2)

               On 8 June 2010, the Council adopted Decision 2010/322/CFSP (3), which amended Joint Action 2008/124/CFSP and extended it for a period of two years until 14 June 2012.

               (3)

               On 5 June 2012, the Council adopted Decision 2012/291/CFSP (4), which amended Joint Action 2008/124/CFSP and extended it for a period of two years until 14 June 2014.

               (4)

               On 12 June 2014, the Council adopted Decision 2014/349/CFSP (5) amending Joint Action 2008/124/CFSP and extending it for a period of two years until 14 June 2016, and providing for a financial reference amount for the period 15 June 2014 until 14 October 2014.

               (5)

               Joint Action 2008/124/CFSP should be amended to provide a new financial reference amount intended to cover the period from 15 October 2014 until 14 June 2015.

               (6)

               Within the framework of its mandate and in line with conclusions of the Political and Security Committee of 2 September 2014, EULEX KOSOVO should also provide support to relocated criminal judicial proceedings within a Member State, subject to the conclusion of all necessary legal arrangements to cover all stages of these proceedings.

               (7)

               EULEX KOSOVO will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty,

               (8)

               Joint Action 2008/124/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Joint Action 2008/124/CFSP is hereby amended as follows:

               (1)

               The following Article is inserted:
               ‘Article 3a
               Relocated judicial proceedings
               1.   For the purposes of fulfilling its mandate, including its executive responsibilities, as set out in Article 3(a) and (d), EULEX KOSOVO shall support re-located judicial proceedings within a Member State, in order to prosecute and adjudicate criminal charges arising from the investigation into the allegations raised in a report entitled “Inhuman treatment of people and illicit trafficking in human organs in Kosovo” released on 12 December 2010 by the Special Rapporteur for the Committee on Legal Affairs and Human Rights of the Council of Europe.
               2.   The judges and prosecutors responsible for the proceedings shall enjoy full independence and autonomy in the discharge of their duties.’.

               (2)

               In Article 8(2), the following sentence is added:
               ‘EULEX KOSOVO Judges and Prosecutors shall meet the highest professional qualification necessary for the level or complexity of the matter before them and shall be appointed following an independent selection process.’.

               (3)

               In Article 16(1), the final subparagraph is replaced by the following:
               ‘The financial reference amount intended to cover the expenditure of EULEX KOSOVO from 15 October 2014 until 14 June 2015 shall be EUR 55 820 000.
               The financial reference amount for the subsequent period for EULEX KOSOVO shall be decided by the Council.’.

               (4)

               In Article 18, the following paragraph is added:
               ‘5.   The authorisation given to the High Representative to release to third parties and competent local authorities EU classified information and documents generated for the purposes of EULEX KOSOVO under paragraphs 1 and 2 shall not extend to information gathered or documents generated for the purpose of the judicial proceedings carried out within the framework of EULEX KOSOVO's mandate. This does not prevent the release of non-sensitive information which relates to the administrative organisation or efficiency of the proceedings.’.

               (5)

               In Article 20, the second paragraph is replaced by the following:
               ‘It shall expire on 14 June 2016. The Council, acting on a proposal from the High Representative, and considering complementary sources of funding as well as contributions from other partners, shall take the necessary decisions in order to ensure that EULEX KOSOVO's mandate in support of the re-located judicial proceedings referred to in Article 3a and the related necessary financial means shall remain in effect until such time as these judicial proceedings have been concluded.’.
         Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 29 September 2014.

            For the Council

            The President

         S. GOZI

      (1)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244(1999) and the ICJ Opinion on the Kosovo declaration of independence.

      (2)  Council Joint Action 2008/124/CFSP of 4 February 2008 on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (OJ L 42, 16.2.2008, p. 92).

      (3)  Council Decision 2010/322/CFSP of 8 June 2010 amending and extending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (OJ L 145, 11.6.2010, p. 13).

      (4)  Council Decision 2012/291/CFSP of 5 June 2012 amending and extending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (OJ L 146, 6.6.2012, p. 46).

      (5)  Council Decision 2014/349/CFSP of 12 June 2014 amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (OJ L 174, 13.6.2014, p. 42).