title: 2012/278/EU: Commission Decision of 23 May 2012 terminating the anti-subsidy proceeding concerning imports of certain stainless steel fasteners and parts thereof originating in India

text:
               24.5.2012

               EN

               Official Journal of the European Union

               L 134/31

         COMMISSION DECISION
   of 23 May 2012
   terminating the anti-subsidy proceeding concerning imports of certain stainless steel fasteners and parts thereof originating in India
   (2012/278/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (1) (‘the basic Regulation’), and in particular Article 14 thereof,
   After consulting the Advisory Committee,
   Whereas:
   1.   PROCEDURE

   1.1.   Provisional measures

               (1)

               The European Commission (‘the Commission’), by Regulation (EU) No 115/2012 (2) (‘the provisional Regulation’), imposed a provisional countervailing duty on imports of certain stainless steel fasteners and parts thereof originating in India (‘India’ or ‘the country concerned’).

               (2)

               The proceeding was initiated on 13 May 2011 (3), following a complaint lodged on 31 March 2011 by the European Industrial Fasteners Institute (EIFI) (‘the complainant’), on behalf of producers representing more than 25 % of total Union production of certain stainless steel fasteners and parts thereof.

               (3)

               As set out in recital 21 of the provisional Regulation, the investigation of subsidy and injury covered the period from 1 April 2010 to 31 March 2011 (‘the investigation period’ or ‘IP’). The examination of trends relevant for the assessment of injury covered the period from 1 January 2008 to the end of the IP (‘the period considered’).

         1.2.   Subsequent procedure

               (4)

               Subsequent to the disclosure of the essential facts and considerations on the basis of which it was decided to impose provisional countervailing measures (‘provisional disclosure’), several interested parties made written submissions making known their views on the provisional findings. The parties who so requested were granted an opportunity to be heard.

               (5)

               The Commission continued to seek and verify all information it deemed necessary for its definitive findings. The oral and written comments submitted by the interested parties were considered and, where appropriate, the provisional findings were modified accordingly.

               (6)

               Subsequently, all parties were informed of the essential facts and considerations on the basis of which it was intended to terminate the anti-subsidy proceeding concerning imports of certain stainless steel fasteners and parts thereof originating in India and to release the amounts secured by way of the provisional duty (‘final disclosure’). All parties were granted a period within which they could make comments on this final disclosure.

         2.   PRODUCT CONCERNED AND LIKE PRODUCT

               (7)

               After final disclosure, one party reiterated its comments regarding the definition of the product concerned and the like product provided in recitals 22 and 23 of the provisional Regulation claiming that certain product types should be excluded from the product scope of this investigation.

               (8)

               However, the investigation has confirmed that the different product types are covered by the description of the product concerned and like product and share the same basic physical, chemical and technical characteristics and end uses and therefore belong to the same product category. Therefore, this claim was rejected.

               (9)

               In the absence of other comments concerning the product concerned and the like product, recitals 22 and 23 of the provisional Regulation are hereby confirmed.

         3.   SUBSIDISATION

   3.1.   Introduction

               (10)

               In recital 24 of the provisional Regulation, reference was made to the following schemes, which allegedly involve the granting of subsidies:

                           (a)

                           Duty Entitlement Passbook Scheme (DEPBS);

                           (b)

                           Advance Authorisation Scheme (AAS);

                           (c)

                           Export Promotion Capital Goods Scheme (EPCGS);

                           (d)

                           Export Oriented Units Scheme (EOUS);

                           (e)

                           Focus Product Scheme (FPS);

                           (f)

                           Export Credit Scheme (ECS);

                           (g)

                           Electricity Duty Exemption.

               (11)

               The Union industry questioned whether the Commission failed to take into account a number of subsidy schemes, and as a result believed that the subsidies found to be received by Indian producers were underestimated.

               (12)

               In reply to this, it should be noted that the complaint contained a great number of national and local subsidy schemes, which were included in the questionnaire to exporting producers in India and investigated by the Commission. However, only for the schemes listed in recital 10 above, it was found that the investigated exporting producers in the sample had received subsidies.

               (13)

               In the absence of any other comments, recitals 24 to 27 of the provisional Regulation are hereby confirmed.

               (14)

               No comments were received on the findings regarding FPS and on the Electricity Duty Exemption. As regards DEPBS, AAS, EPCGS and ECS, the cooperating exporting producers provided detailed comments. Most of these comments related to the calculation of the subsidy amounts and certain comments resulted in slight adjustments to those calculations. However, the overall conclusions on these schemes were not affected by such comments and are herewith confirmed. Comments were also received on the EOUS. Taking account of the impact of such comments on the EOUS, as summarised below in recitals 13 to 19, there is no need to reproduce in detail the other comments received on the abovementioned four schemes.

         3.2.   Export oriented units scheme (EOUS)

   3.2.1.   General

               (15)

               It should be recalled that, as also mentioned under Section 3.5 of the provisional Regulation, a crucial obligation of an Export Oriented Unit (EOU) as set out in the Foreign Trade (FT)-policy 2009-2014 is to achieve net foreign exchange (NFE) earnings, which means that in a reference period (five years) the total value of exports has to be higher than the total value of imported goods. In principle, all enterprises that undertake to export their entire production of goods or services may be set up under the EOUS. In return, companies enjoying this EOU status are entitled to a number of concessions listed under recital 71 of the provisional Regulation. These concessions are financial contributions of the Government of India (GOI) within the meaning of Article 3(1)(a)(ii) of the basic Regulation and they confer a benefit upon the EOUs. They are contingent in law upon export performance, and therefore deemed to be specific and countervailable under Article 4(4), first paragraph, point (a) of the basic Regulation.

               (16)

               In the provisional Regulation it was stated that the EOUS could not be considered as a permissible duty drawback system or substitution drawback system within the meaning of Article 3(1)(a)(ii) of the basic Regulation as it did conform to the strict rules laid down in Annex I (items (h) and (i)), Annex II (definition and rules for drawback) and Annex III (definition and rules for substitution drawback) to the basic Regulation. Indeed, it could not be established that the GOI has a verification system or procedure in place to confirm whether and in what amounts duty and/or sales tax-free procured inputs were consumed in the production of the exported product (see Annex II(II)(4) to the basic Regulation and, in the case of substitution drawback schemes, Annex III(II)(2) to the basic Regulation). The verification system in place aims at monitoring the NFE earning obligation and not the consumption of imports in relation to the production of exported goods.

               (17)

               Subsequent to the provisional disclosure, no substantive arguments were raised against the nature of the EOUS, as described above, in particular the absence of an effective verification system and its countervailability. Therefore, the conclusions on the EOUS, as summarised in recitals 78-81 of the provisional Regulation, are herewith confirmed.

         3.2.2.   Submission of Viraj Profiles Limited

               (18)

               The sole sampled party with an EOU status was Viraj Profiles Limited (‘Viraj’). The EOU subsidy rate established for this producer at the provisional stage was 2,73 % out of a total subsidy rate of 3,2 %. Viraj represented, in volume, 87 % of Indian exports to the Union.

               (19)

               As already mentioned in recital 77 of the provisional Regulation, Viraj submitted detailed comments on the scheme. The exporting producer concerned claimed that the subsidy calculated under the scheme would not be compliant with Article 15(1) of the basic Regulation, according to which the amount of the countervailable duty shall not exceed the amount of countervailable subsidies actually received by the company. It claimed that, therefore, the overall subsidy rate for the company would be below 2 %, i.e. de minimis. The company submitted detailed accounting data to support its claim.

               (20)

               The claim was duly analysed. The detailed accounting data provided by Viraj in its submissions could be linked to the accounting data verified during the verification visit and these data suggested that indeed the countervailable benefit received by the company during the investigation period had been overestimated. Therefore, the countervailing duty for Viraj has been recalculated accordingly.

               (21)

               Consequently, the EOUS subsidy rate of Viraj was recalculated and is definitely set at 0,44 %. Including the subsidy rates established for EPCGS (recalculated at 0,05 %), ECS (recalculated at 0,12 %) and Electricity duty exemption (0,09 %), Viraj’s total subsidy rate was definitively established at 0,7 %, i.e. below the de minimis threshold.

         3.2.3.   Comments of the Union industry on the final disclosure

               (22)

               After final disclosure, Union industry submitted comments arguing that the recalculations made in relation to EUOS benefits received by Viraj were unjustified and incorrect. It argued that the Commission’s analysis was incomplete, inconsistent with the way the Institutions usually countervail this scheme and that it failed to take into account other possible scenarios where Viraj could have unduly disposed of the duty-exempted imports. Furthermore, the Union industry alleged that Viraj’s late submission of the non-confidential comments on the provisional disclosure seriously prejudiced the Union industry’s right of defence.

               (23)

               With respect to the recalculation of Viraj’s subsidy margin, it should be clarified that this exporting producer had demonstrated that the established provisional countervailable duty was exceeding the amount of countervailable subsidies actually received. Indeed, the company demonstrated that the potential duty foregone had provisionally been overestimated and, therefore, this had to be corrected in the final calculation. It would have been against the provisions of Article 3 of the basic Regulation to countervail certain financial contributions which, clearly and beyond doubt, cannot be considered to confer any benefit to Viraj. However, it is still considered that, with regard to certain transactions, the scheme has conferred specific subsidies to the company concerned which should be countervailed. This approach, therefore, is fully consistent with the way the Institutions have countervailed the scheme in the past. Accordingly, the revision of the EOUS subsidy margin is in full compliance with Article 15(1) of the basic Regulation.

               (24)

               As to the alleged violation of the Union industry’s right of defence, it should be noted that Viraj’s comments on the EOUS subsidy calculation were also included in two open submissions filed prior to the imposition of provisional measures, as well as in two later open submissions. The first and key submission in this regard, which led the Commission to analyse the issue in-depth and, eventually to reconsider its position, had been submitted in December 2011 and was already referred to in recital 77 of the provisional Regulation. All aforementioned documents had been included in the file for inspection by interested parties without delay. Viraj’s comments to the provisional disclosure merely summarised the position already taken in its previous submissions. While the open version of Viraj’s comments to the provisional disclosure was indeed filed by Viraj at a late stage, it was promptly made available by the Commission to the Union industry, which was granted an additional time period to submit comments thereon.

               (25)

               In view of the above considerations, the claims of the Union industry had to be rejected.

         3.2.4.   Other subsidy issues

               (26)

               Comments were also received on the calculation of the subsidy margin for the cooperating non-sampled exporting producers and the residual subsidy margin calculation. Moreover, the sole exporting producer which had claimed individual examination insisted that its request should be addressed. However, in view of the conclusions under causation below, it is not necessary to take a final position on these matters.

         4.   UNION INDUSTRY

               (27)

               In the absence of comments concerning the Union production and the Union industry recitals 120 to 123 of the provisional Regulation are hereby confirmed.

         5.   INJURY

   5.1.   Preliminary remarks and Union consumption

               (28)

               In the absence of comments concerning the preliminary remarks and Union consumption, recitals 124 to 130 of the provisional Regulation are hereby confirmed.

         5.2.   Imports from the country concerned

               (29)

               One party claimed that the provisional analysis of the development of import prices from India and price undercutting, based on average prices, was misleading, since allegedly it does not take into account the variation of the product mix from one year to the other during the period considered.

               (30)

               In this respect, it is worth noting that data on prices per product type are only available for the IP, for which exporting producers and Union producers are asked to provide a detailed transaction listing as part of their questionnaire replies. Therefore, in the absence of data per product type for the other years within the period considered, a meaningful analysis of the development of import prices can only be made based on average prices. It should also be noted that the party in question did not provide any evidence to demonstrate why the analysis regarding the development of import prices would be misleading. Therefore, this claim was rejected.

               (31)

               As regards undercutting, it is recalled that as mentioned in recital 134 of the provisional Regulation, in order to determine price undercutting during the IP, the weighted average sales prices per product type of the sampled Union producers charged to unrelated customers on the Union market, adjusted to an ex-works level, were compared to the corresponding weighted average prices of the imports from India to the first independent customer on the Union market, established on a CIF basis, with appropriate adjustments for the existing customs duties and post-importation costs.

               (32)

               Furthermore, as mentioned in recital 135 of the provisional Regulation, the price comparison was made on a type-by-type basis for transactions at the same level of trade. Therefore, the claim of this party as regards undercutting was rejected.

               (33)

               In the absence of any other comments concerning imports from the country concerned, recitals 131 to 135 of the provisional Regulation are hereby confirmed.

         5.3.   Economic situation of the Union industry

   5.3.1.   Production, production capacity and capacity utilisation

               (34)

               One party claimed that the analysis made in the provisional Regulation concerning the decrease in the production of the Union industry was misleading and claimed that the decrease in production volumes should be seen in the light of unutilised capacity of the Union industry, which also showed a decreasing trend during the period considered.

               (35)

               The investigation showed that the decline in production coincided with the decrease in sales and the increase of stocks. This situation led some Union producers to close some of their production lines, which explains the decrease in capacity utilisation. The claim of the party was therefore rejected.

               (36)

               In the absence of any other comments concerning production, production capacity and capacity utilisation, recitals 137 and 138 of the provisional Regulation are hereby confirmed.

         5.3.2.   Sales volume and market share

               (37)

               In the absence of comments concerning the development of sales volume and market share of the Union industry, recital 139 of the provisional Regulation is hereby confirmed.

         5.3.3.   Growth

               (38)

               In the absence of comments concerning growth, recital 140 of the provisional Regulation is hereby confirmed.

         5.3.4.   Employment

               (39)

               In the absence of comments concerning employment, recitals 141 and 142 of the provisional Regulation are hereby confirmed.

         5.3.5.   Average unit prices in the Union

               (40)

               In the absence of comments concerning average unit prices in the Union, recitals 143 and 144 of the provisional Regulation are hereby confirmed.

         5.3.6.   Profitability, cash flow, investments, return on investments and ability to raise capital

               (41)

               In the absence of comments concerning profitability, cash flow, investments, return on investments and ability to raise capital, recitals 145 to 148 of the provisional Regulation are hereby confirmed.

         5.3.7.   Stocks

               (42)

               One party requested the Commission to provide actual figures with regard to the development of stock levels over the period considered instead of indexed figures, claiming that indexation did not allow it to make effective comments or to assess the level of stocks as a percentage of sales of the Union industry.

               (43)

               For reasons of confidentiality, as explained in recital 127 of the provisional Regulation, certain micro indicators, including stocks, had to be indexed. In any event, the indexation of closing stocks of the Union industry in table 10 of the provisional Regulation provides a reasonable understanding of the development of stocks during the period considered. Therefore this claim was rejected.

               (44)

               In the absence of other comments concerning stocks, recital 149 of the provisional Regulation is hereby confirmed.

         5.3.8.   Magnitude of the subsidy margin

               (45)

               It is recalled that the largest Indian exporting producer representing 87 % of the Indian exports to the Union in the IP was found not to be subsidised. Consequently subsidised imports accounted for 13 % of the total volume of the product concerned exported from India to the Union. Given the volume, market share and prices of the subsidised imports from India, the impact on the Union industry of the actual subsidy margins may be considered to be negligible.

         5.3.9.   Conclusion on injury

               (46)

               The investigation confirmed that most of the injury indicators showed a declining trend during the period considered. Therefore the conclusion reached in recitals 151 to 153 of the provisional Regulation that the Union industry suffered material injury within the meaning of Article 8(5) of the basic Regulation is confirmed.

         6.   CAUSATION

   6.1.   Introduction

               (47)

               In accordance with Articles 8(5) and Article 8(6) of the basic Regulation, it was examined whether the subsidised imports originating in India have caused injury to the Union industry to a degree that enables it to be classified as material. Known factors other than the subsidised imports, which could at the same time be injuring the Union industry, were also examined to ensure that possible injury caused by these other factors was not attributed to the subsidised imports.

               (48)

               As explained in recitals 18 to 21 above, the subsidy margin of the largest Indian exporting producer, accounting for 87 % of all Indian exports to the Union in the IP, was found to be de minimis for this individual exporting producer in the meaning of Article 14(5) of the Basic Regulation, consequently considered as non-subsidised for the purpose of this investigation. Therefore, only a mere 13 % of the Indian exports of the product concerned to the Union during the IP were subsidised. These subsidised imports had a market share of 2 % in the IP.

         6.2.   Effect of the subsidised imports

               (49)

               The investigation showed that the Union consumption increased by 9 % over the period considered, while sales volume of the Union industry decreased by 14 % and market share dropped by 21 %.

               (50)

               With regard to prices, the average import prices of the subsidised imports were found to undercut the average sales prices of the Union industry on the Union market. However, they were around 12 % higher than the prices of the Indian company not found to be subsidised.

               (51)

               Based on the above, it is considered that the limited import volume of the subsidised imports from India, which had higher prices than the non-subsidised imports, may only have played a very limited role, if any, in the deterioration of the injurious situation of the Union industry.

         6.3.   Effect of other factors

   6.3.1.   Non-subsidised imports from India

               (52)

               The total volume of imports from India increased dramatically by 65 % over the period considered, increasing their market share from 12,1 % to 18,3 %. However, as explained above, non-subsidised imports represented 87 % of the total Indian export volume in the IP, corresponding to a market share of 15 % in the IP, as opposed to the market share of 2 % of the subsidised imports from India in the same period.

               (53)

               Prices of imports from India decreased overall by 9 % in the period considered, remaining always lower than import prices from the rest of the world and sales prices of the Union industry. However, it is noteworthy that, as explained in recital (50), the average prices of the non-subsidised imports were found to undercut the prices of the Union industry much more than those of the subsidised imports.

         6.3.2.   Imports from other third countries

               (54)

               In the absence of any comments concerning imports from other third countries recitals 161 to 165 of the provisional Regulation are hereby confirmed.

         6.3.3.   Economic crisis

               (55)

               In the absence of any comments concerning the impact of the economic crisis on the injury suffered by the Union industry, recitals 166 to 169 of the provisional Regulation are hereby confirmed.

         6.3.4.   Export performance of the sampled Union industry

               (56)

               In the absence of any comments concerning the export performance of the sampled Union industry, recital 170 of the provisional Regulation is hereby confirmed.

         6.4.   Conclusion on causation

               (57)

               The above analysis demonstrated that over the period considered there was a substantial increase in the volume and market share of the low-priced imports originating in India. It was also found that these imports were constantly undercutting the prices charged by the Union industry on the Union market.

               (58)

               However, in view of the finding that exports by the largest Indian exporting producer, which represented 87 % of the Indian exports to the Union in the IP, were not subsidised, it is considered that a causal link between the subsidised imports, accounting for a mere 13 % of the total quantity exported from India, and the injury suffered by the Union industry cannot be sufficiently established. Indeed, it cannot be argued that the subsidised Indian exports, in view of their limited volume and very limited market share (2 %) and the fact that their prices were on average 12 % higher than those of the non-subsidised imports, would be causing the injury suffered by the Union industry.

               (59)

               The analysis of the other known factors, which could have caused injury to the Union industry, including the non-subsidised imports, imports from other third countries, the economic crisis and the export performance of the sampled Union industry showed that the injury suffered by the Union industry is due to the impact of the non-subsidised imports from India which represented 87 % of all Indian exports to the Union in the IP and which were made at significantly lower prices than the subsidised imports.

         7.   TERMINATION OF THE ANTI-SUBSIDY PROCEEDING

               (60)

               In the absence of a material causal link between the subsidised imports and the injury suffered by the Union industry, it is considered that countervailing measures are unnecessary and therefore the present anti-subsidy proceeding should be terminated in accordance with Article 14(2) of the basic Regulation.

               (61)

               The complainant and all other interested parties were informed accordingly and were given the opportunity to comment. The comments received did not alter the conclusion that the present anti-subsidy proceeding should be terminated,

         HAS ADOPTED THIS DECISION:
   Article 1
   The anti-subsidy proceeding concerning imports of certain stainless steel fasteners and parts thereof, currently falling within CN codes 7318 12 10, 7318 14 10, 7318 15 30, 7318 15 51, 7318 15 61 and 7318 15 70, originating in India, is hereby terminated.
   Article 2
   Amounts secured by way of provisional countervailing duties pursuant to Regulation (EU) No 115/2012 on imports of certain stainless steel fasteners and parts thereof originating in India shall be released.
   Article 3
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Brussels, 23 May 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 188, 18.7.2009, p. 93.

      (2)  OJ L 38, 11.2.2012, p. 6.

      (3)  OJ C 142, 13.5.2011, p. 36.


title: Council Decision of 31 March 1976 on the interim measures applicable to the overseas countries and territories associated with the European Economic Community in matters of establishment, services, payments and capital movements

text:
31 . 3 . lb                        Official Journal of the European Communities                            No L 85 / 15
                                                          II
                                      (Acts whose publication is not obligatory)
                                                 COUNCIL
                                                COUNCIL DECISION
                                                  of 31 March 1976
              on the interim measures applicable to the overseas countries and territories associated
                   with the European Economic Community in matters of establishment, services,
                                           payments and capital movements
                                                     (76/343 /EEC)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                     as the proposed Decision on the association of the
                                                               overseas countries and territories enters into force,
 Having regard to the Treaty establishing the Euro            HAS DECIDED AS FOLLOWS :
 pean Economic Community, and in particular
 Article 136 thereof,
                                                                                Article 1
 Whereas the ACP-EEC Convention of Lome between
 the African, Caribbean and Pacific States and the             As regards the arrangements that may be applied in
 European Economic Community enters into force on              matters of establishment and provision of services,
                                                               the relevant authorities of the countries and territories
 1 April 1976 and will incorporate provisions relating
                                                               listed in the Annex shall treat nationals and
 to establishment, services, payments and capital
 movements ;                                                   companies or firms of Member States on a non
                                                               discriminatory basis.
 Whereas a Council Decision on the association of the          However, if, for a given activity, a Member State is
 overseas countries and territories to the European            unable to provide similar benefits to nationals or
 Economic Community is envisaged and will include              companies or firms of the French Republic, the
 provisions relating to the same areas ;                       Kingdom of the Netherlands or the United Kingdom
                                                               of Great Britain and Northern Ireland, established
 Whereas interim arrangements in matters of                    in a country or territory, or to companies or firms
 establishment, services, payments and capital move           subject to the laws of the country or territory
 ments applicable in relations with the overseas               concerned and established therein, the relevant
 countries and territories associated with the European        authorities of that country or territory shall not be
 Economic Community, hereinafter called 'the                   bound to respect the obligation contained in the
  countries and territories', should be laid down, due         first paragraph .
 regard being paid to those laid down for the relations
 with the ACP States ;                                                                 Article 2
 Whereas a provision should be laid down to the                For the purposes of this Decision, 'companies or
 effect that this Decision will cease to apply as soon         firms' means companies or firms constituted under
 ---pagebreak--- No L 85/ 16                        Official! Journal of the European Communities                             31.3.76
civil or commercial law, including cooperative                 (EEC) No 1957/75 relating to trade in goods, and
societies and other legal persons governed by public           of the provisions of this Decision relating to services
or private law, save for those which are non-profit           and establishment.
making.
                                                               These obligations shall not however prevent imple
For the purposes of the first paragraph of Article 1 ,         mentation of the necessary protective measures, in
'companies or firms of Member States' means                    conformity with Article 4, should this be justified by
companies or firms formed in accordance with the               reasons relating to serious economic difficulties or
law of a Member State and whose registered office,             severe balance of payments problems.
central administration or principal place of business
is in a Member State; however, a company or firm
having only its registered office in a Member State                                    Article 4
must, in order to set up agencies, branches or
subsidiaries therein, be engaged in an activity which          In respect of foreign exchange transactions linked
has' an effective and continuous        link with the          with investments and current payments, the relevant
economy of that Member State.                                  authorities of the countries and territories on the
                                                               one hand and the Member States on the other shall
For the purposes of the second paragraph of Article 1 ,        avoid, as far as possible, taking discriminatory
'companies or firms of the French Republic, the                measures vis-a-vis each other or according more
Kingdom of the Netherlands or the United Kingdom               favourable treatment to third States, taking full
of Great Britain and Northern Ireland, established in          account of the evolving nature of the international
a country or territory' means companies or firms               monetary system, the existence of specific monetary
formed in accordance with French, Dutch or United               arrangements and balance of payments problems.
Kingdom law, as the case may be, and whose
registered office, central administration or principal         To the extent that such measures or treatment are
place of business is in that country or territory ;             unavoidable they will be maintained or introduced
however, a company or firm having only its registered          in accordance with international monetary rules and
office in a country or territory must, in order to set         every effort will be made to minimize any adverse
up agencies, branches or subsidiaries therein, be              effects on the parties concerned.
engaged in an activity which has an effective and
continuous link with the economy of that country
or territory.                                                                          Article 5
For the purposes of the second paragraph of Article 1 ,        This Decision shall enter into force on 1 April 1976.
'companies or firms subject to the laws of the
country or territory concerned and established
therein' means companies or firms formed under                                         Article 6
the law of a given country or territory and whose
registered office, central administration or principal         This Decision shall apply until the proposed Deci
place of business is in that country or territory;             sion on the association of the overseas countries and
however, a company or firm having only its registered          territories enters into force and until 31 July 1976
office in that country or territory must, in order to           at the latest.
set up agencies, branches or subsidiaries therein, be
engaged in an activity which has an effective and
continuous link with the economy of that country                                       Article 7
or territory.
                                                                This Decision shall be published in the Official
                        Article 3                               Journal of the European Communities.
With regard to capital movements linked with invest
ments and to current payments, the relevant authori           Done at Brussels, 31 March 1976.
ties of the countries and territories and the Member
States shall refrain from taking action in the field of                                            For the Council
foreign exchange transactions which would be in
                                                                                The President
compatible with their obligations resulting from the
application of the provisions of Council Regulation                                                   G. THORN
 ---pagebreak--- 31. 3. 76                        Official Journal of the European Communities                               No L 85/ 17
                                                       ANNEX
                           List of the countries and territories referred to in Article 1
          (This list does not prejudice the status of these countries and territories now or in the future)
          1 . Overseas countries of the Kingdom of the Netherlands :
              — the Netherlands Antilles (Aruba, Bonaire, Curaçao, St Martin, Saba, St Eustatius).
          2. Overseas territories of the French Republic :
              — Saint Pierre and Miquelon,
              — Mayotte,
              — Territory of the Afars and Issas ,
              — New Caledonia and Dependencies,
              — Wallis and Futuna Islands ,
              — French Polynesia,
              — French Southern and Antarctic Territories .
          3 . Overseas countries and territories of the United Kingdom of Great Britain and Northern
              Ireland :
              — Belize,
              — Brunei ,
              — Associated States in the Caribbean (Antigua, Dominica, St Lucia, St Vincent, St Kitts,
                  Nevis and Anguilla),
              — Cayman Islands,
              — Falkland Islands and Dependencies,
              — Gilbert Islands ,
              — Solomon Islands,
              — Turks and Caicos Islands ,
              — British Virgin Islands,
              — Montserrat,
              — Pitcairn ,
              — St Helena and Dependencies,
              — Seychelles,
              — British Antarctic Territory,
              — British Indian Ocean Territory ,
              — Tuvalu .
          4. Anglo-French Condominium of the New Hebrides.
          5. Countries provisionally covered by this Decision :
              — The Comoros ,
              — Surinam .


title: 2013/629/EU: Council Decision of 22 October 2013 on the conclusion of the Agreement between the European Union and the Republic of Armenia on the readmission of persons residing without authorisation

text:
               31.10.2013

               EN

               Official Journal of the European Union

               L 289/12

         COUNCIL DECISION
   of 22 October 2013
   on the conclusion of the Agreement between the European Union and the Republic of Armenia on the readmission of persons residing without authorisation
   (2013/629/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(3), in conjunction with point (a) of the second subparagraph of Article 218(6), thereof
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               In accordance with Council Decision 2013/156/EU (1), the Agreement between the European Union and the Republic of Armenia on readmission of persons residing without authorisation (‘the Agreement’) was signed on 19 April 2013, subject to its conclusion at a later date.

               (2)

               The Agreement should be approved.

               (3)

               The Agreement establishes a Joint Readmission Committee which may adopt its rules of procedure. It is appropriate to provide for a simplified procedure for the establishment of the Union position in this case.

               (4)

               In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, those Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application.

               (5)

               In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and the Republic of Armenia on readmission of persons residing without authorisation is hereby approved on behalf of the Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council shall, on behalf of the Union, give the notification provided for in Article 23(2) of the Agreement (2).
   Article 3
   The Commission, assisted by experts from Member States, shall represent the Union in the Joint Readmission Committee established by Article 19 of the Agreement.
   Article 4
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 22 October 2013.

            For the Council

            The President

         L. LINKEVIČIUS

      (1)  OJ L 87, 27.3.2013, p. 1.

      (2)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


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31998D0623

98/623/CFSP: Council Decision of 3 November 1998 on the implementation of Joint Action 97/288/CFSP on the European Union's contribution to the promotion of transparency in nuclear-related export controls with a view to the financing of the second NSG seminar on nuclear-related export controls

Official Journal L 297 , 06/11/1998 P. 0001 - 0001

COUNCIL DECISION of 3 November 1998 on the implementation of Joint Action 97/288/CFSP on the European Union's contribution to the promotion of transparency in nuclear-related export controls with a view to the financing of the second NSG seminar on nuclear-related export controls (98/623/CFSP)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Articles J.3 and J.11 thereof,Whereas on 29 April 1997 the Council adopted Joint Action 97/288/CFSP on the European Union's contribution to the promotion of transparency in nuclear-related export controls (1);Whereas, as part of the further measures to be undertaken by the European Union, in order to support the objectives set out in Article 1 and as provided in Article 3 of that Joint Action, a contribution should be made to the funding of the second NSG seminar on nuclear-related export controls,HAS DECIDED AS FOLLOWS:Article 1 1. An amount of up to ECU 75 000 shall be charged to the general budget of the European Communities for 1998 in order to finance the second NSG seminar on nuclear-related export controls, which is scheduled to take place in New York on 8 and 9 April 1999.2. The expenditure financed by the amount stipulated in paragraph 1 shall be managed in accordance with the Community procedures and rules applicable to the said budget.Article 2 This Decision shall enter into force on the date of its adoption.It shall be published in the Official Journal.Done at Brussels, 3 November 1998.For the CouncilThe PresidentB. PRAMMER(1) OJ L 120, 12. 5. 1997, p. 1.


title: Council Decision 2014/130/CFSP of 10 March 2014 extending the mandate of the European Union Special Representative for the Sahel

text:
               12.3.2014

               EN

               Official Journal of the European Union

               L 71/14

      COUNCIL DECISION 2014/130/CFSP
   of 10 March 2014
   extending the mandate of the European Union Special Representative for the Sahel
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and, in particular Article 31(2) and Article 33 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 18 March 2013, the Council adopted Decision 2013/133/CFSP (1) appointing Mr Michel Dominique REVEYRAND – DE MENTHON as the European Union Special Representative (EUSR) for the Sahel. The EUSR's mandate is due to expire on 28 February 2014.

               (2)

               The mandate of the EUSR should be extended for a further period of 12 months.

               (3)

               The EUSR will implement his mandate 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,

         HAS ADOPTED THIS DECISION:
   Article 1
   European Union Special Representative
   1.   The mandate of Mr Michel Dominique REVEYRAND – DE MENTHON as the EUSR for the Sahel is hereby extended for the period from 1 March 2014 to 28 February 2015. The mandate of the EUSR may be terminated earlier, if the Council so decides, on a proposal of the High Representative of the Union for Foreign Affairs and Security Policy (HR).
   2.   For the purposes of the EUSR's mandate, the Sahel is defined as comprising the primary focus of the EU Strategy for Security and Development in the Sahel (the ‘Strategy’), namely Mali, Mauritania and Niger. For issues with broader regional implications, the EUSR shall engage with other countries and regional or international entities beyond the Sahel, as appropriate.
   3.   In view of the need for a regional approach to the inter-related challenges facing the region, the EUSR for the Sahel shall work in close consultation with other relevant EUSRs, including the EUSR for the Southern Mediterranean region, the EUSR for Human Rights and the EUSR to the African Union.
   Article 2
   Policy objectives
   1.   The mandate of the EUSR shall be based on the policy objective of the Union in relation to the Sahel to contribute actively to regional and international efforts to achieve lasting peace, security and development in the region. The EUSR shall furthermore aim to enhance the quality, intensity and impact of the Union's multi-faceted engagement in the Sahel.
   2.   The EUSR shall contribute to developing and implementing the Union approach encompassing all aspects of Union action, in particular in the political, security and development areas, including the Strategy, and to coordinating all relevant instruments for Union actions.
   3.   Initial priority shall be given to Mali and to its long-term stabilisation and to the regional dimensions of the conflict there.
   4.   Regarding Mali, the Union's policy objectives aim, through the coordinated and effective use of all its instruments, to promote a return for Mali and its people to a path of peace, reconciliation, security and development. Due attention shall also be paid to Burkina Faso and Niger, particularly looking ahead to elections in those countries.
   Article 3
   Mandate
   1.   In order to achieve the Union's policy objectives in relation to the Sahel, the mandate of the EUSR shall be to:

               (a)

               actively contribute to the implementation, coordination and further development of the Union's comprehensive approach to the regional crisis, on the basis of its Strategy, with a view to enhancing the overall coherence and effectiveness of Union activities in the Sahel, in particular in Mali;

               (b)

               engage with all relevant stakeholders of the region, governments, regional authorities, regional and international organisations, civil society and diasporas, with a view to furthering the Union's objectives and contribute to a better understanding of the role of the Union in the Sahel;

               (c)

               represent the Union in relevant regional and international fora, including the Support and Follow-Up Group on the situation in Mali, and ensure visibility for Union support to crisis management and conflict prevention, including the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) and the European Union CSDP mission in Niger (EUCAP Sahel Niger);

               (d)

               maintain close cooperation with the United Nations (UN), in particular the Special Representative of the Secretary-General for West Africa and the Special Representative of the Secretary-General for Mali, the African Union (AU), in particular the AU High Representative for Mali and the Sahel, the Economic Community of West African States (ECOWAS) and other leading national, regional and international stakeholders including other Special Envoys for the Sahel, as well as with the relevant bodies in the Maghreb area;

               (e)

               closely follow the regional and trans-boundary dimensions of the crisis, including terrorism, organised crime, arms smuggling, human trafficking, drug trafficking, refugee and migration flows and related financial flows; in close cooperation with the EU Counter-Terrorism Coordinator, contribute to the further implementation of the EU Counter-Terrorism Strategy;

               (f)

               maintain regular high level political contacts with the countries in the region affected by terrorism and international crime in order to ensure a coherent and comprehensive approach and to ensure the Union's key role in the international efforts to fight terrorism and international crime. This includes the Union's active support to regional capacity-building in the security sector, and ensuring that the root causes of terrorism and international crime in the Sahel are adequately addressed;

               (g)

               closely follow the political and security consequences of humanitarian crises in the region;

               (h)

               with regard to Mali, contribute to regional and international efforts to facilitate the resolution of the crisis in Mali, in particular a full return to constitutional normality and governance throughout the territory and a credible national inclusive dialogue leading to a sustainable political settlement;

               (i)

               promote institution building, security sector reform and long-term peace building and reconciliation in Mali;

               (j)

               contribute to the implementation in the region of the Union's policies relating to human rights in cooperation with the EUSR for Human Rights, including the EU Guidelines on human rights, in particular the EU Guidelines on Children and Armed Conflict, as well as the EU Guidelines on violence against women and girls and combating all forms of discrimination against them, and the Union's policies relating to women, peace and security, including by monitoring and reporting on developments, as well as formulating recommendations in this regard, and maintain regular contacts with the relevant authorities in Mali and in the region, the Office of the Prosecutor of the International Criminal Court, the Office of the High Commissioner for Human Rights and the human rights defenders and observers in the region;

               (k)

               follow up and report on compliance with relevant resolutions of the UN Security Council (UNSCRs), in particular UNSCRs 2056 (2012), 2071 (2012), 2085 (2012) and 2100 (2013).

         2.   For the purpose of the fulfilment of his mandate, the EUSR shall, inter alia:

               (a)

               advise and report on the formulation of Union positions in regional and international fora, as appropriate, in order to proactively promote and strengthen the Union's comprehensive approach towards the crisis in the Sahel;

               (b)

               maintain an overview of all activities of the Union and cooperate closely with relevant Union delegations.

         Article 4
   Implementation of the mandate
   1.   The EUSR shall be responsible for the implementation of the mandate acting under the authority of the HR.
   2.   The Political and Security Committee (PSC) shall maintain a privileged link with the EUSR and shall be the EUSR's primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the responsibilities of the HR.
   3.   The EUSR shall work in close coordination with the European External Action Service (EEAS) and the relevant departments thereof, in particular with the West Africa Directorate.
   Article 5
   Financing
   1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 March 2014 to 28 February 2015 shall be EUR 1 350 000.
   2.   The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
   3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.
   Article 6
   Constitution and composition of the team
   1.   Within the limits of the EUSR's mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting his team. The team shall include the expertise on specific policy and security issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly informed of the composition of the team.
   2.   Member States, institutions of the Union, and the EEAS may propose the secondment of staff to work with the EUSR. The salary of personnel who are seconded to the EUSR shall be covered by the Member State concerned, the institution of the Union concerned or the EEAS. Experts seconded by Member States to the institutions of the Union or the EEAS may also be posted to the EUSR. International contracted staff shall have the nationality of a Member State.
   3.   All seconded personnel shall remain under the administrative authority of the sending Member State, institution of the Union or the EEAS and shall carry out their duties and act in the interest of the mandate of the EUSR.
   4.   The EUSR staff shall be co-located with the relevant EEAS departments or Union delegations in order to ensure coherence and consistency with regard to their respective activities.
   Article 7
   Privileges and immunities of the EUSR and the EUSR's staff
   The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of his staff shall be agreed with the host countries, as appropriate. Member States and the EEAS shall grant all necessary support to such effect.
   Article 8
   Security of EU classified information
   The EUSR and the members of the EUSR's team shall respect the security principles and minimum standards established by Council Decision 2013/488/EU (2).
   Article 9
   Access to information and logistical support
   1.   Member States, the Commission, the EEAS and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
   2.   The Union delegations and/or Member States, as appropriate, shall provide logistical support in the region.
   Article 10
   Security
   In accordance with the Union's policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in conformity with his mandate and on the basis of the security situation in the geographical area of responsibility, for the security of all personnel under his direct authority, in particular by:

               (a)

               establishing a specific security plan based on guidance from the EEAS, including specific physical, organisational and procedural security measures, governing the management of the secure movement of personnel to, and within, the geographic area, as well as management of security incidents and a contingency and evacuation plan;

               (b)

               ensuring that all personnel deployed outside the Union are covered by high-risk insurance as required by the conditions in the geographic area;

               (c)

               ensuring that all members of the team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the geographic area, based on the risk ratings assigned to that area;

               (d)

               ensuring that all agreed recommendations made following regular security assessments are implemented and providing the Council, the HR and the Commission with written reports on their implementation and on other security issues within the framework of the progress report and with the mandate implementation report.

         Article 11
   Reporting
   1.   The EUSR shall regularly provide the HR and the PSC with reports. The EUSR shall also report as necessary to Council working parties. Regular reports shall be circulated through the COREU network. The EUSR may provide the Foreign Affairs Council with reports. In accordance with Article 36 of the Treaty, the EUSR may be involved in briefing the European Parliament.
   2.   The EUSR shall report on the best way of pursuing Union initiatives, such as the contribution of the Union to reforms, and including the political aspects of relevant Union development projects, in coordination with Union delegations in the region.
   Article 12
   Coordination with other Union actors
   1.   In the framework of the Strategy, the EUSR shall contribute to the unity, consistency and effectiveness of the Union's political and diplomatic action and shall help ensure that all Union instruments and Member States' actions are engaged consistently, to attain the Union's policy objectives.
   2.   The activities of the EUSR shall be coordinated with those of Union delegations and of the Commission, as well as those of other EUSRs active in the region. The EUSR shall provide Member States' missions and Union delegations in the region with regular briefings.
   3.   In the field, close liaison shall be maintained with the Heads of Union delegations and Member States' Heads of Mission. The EUSR, in close cooperation with relevant Union delegations, shall provide local political guidance to the Head of Mission of EUCAP Sahel Niger and the Mission Commander of EUTM Mali. The EUSR, the Mission Commander of EUTM Mali and the Civilian Operation Commander of EUCAP Sahel Niger, shall consult each other as required.
   Article 13
   Review
   The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the Council, the HR and the Commission with a progress report by 30 June 2014 and a comprehensive mandate implementation report by 30 November 2014.
   Article 14
   Entry into force
   This Decision shall enter into force on the day of its adoption.
   It shall apply from 1 March 2014.

      Done at Brussels, 10 March 2014.

            For the Council

            The President

         G. VROUTSIS

      (1)  Council Decision 2013/133/CFSP of 18 March 2013 appointing the European Union Special Representative for the Sahel (OJ L 75, 19.3.2013, p. 29).

      (2)  Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).


title: 2011/737/,Euratom: Commission Decision of 9 November 2011 amending its Rules of Procedure

text:
               15.11.2011

               EN

               Official Journal of the European Union

               L 296/58

         COMMISSION DECISION
   of 9 November 2011
   amending its Rules of Procedure
   (2011/737/EU, Euratom)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on European Union,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 249 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
   Having regard to Commission Decision 2010/138/EU, Euratom, of 24 February 2010 amending its Rules of Procedure (1),
   Having regard to the Decision of the President of the Commission C(2011)8000 of 27 October 2011,
   HAS ADOPTED THIS DECISION:
   Article 1
   In Article 12 of the Rules of Procedure of the Commission, a new point 5 shall be added, worded as follows:

      “5.   Any Member of the Commission wishing to suspend a written procedure in the field of coordination and surveillance of the economic and budgetary policies of the Member States, in particular of the euro area, shall send a reasoned request to that effect to the President, explicitly indicating the aspects of the draft decision to which it relates, based on an impartial and objective assessment of the timing, structure, reasoning or result of the proposed decision.
      If the President considers that the reasons given are not well-founded, and if the request for suspension is maintained, he or she may refuse to allow the suspension and may decide that the written procedure shall continue; in that case, the Secretary-General shall ask the other Members of the Commission for their position to ensure that the quorum laid down in Article 250 of the Treaty on the Functioning of the European Union has been met. The President may also include the item on the agenda of the next Commission meeting with a view to its adoption.”

   Article 2
   In Article 23 of the Rules of Procedure of the Commission, a new point 5a shall be added, worded as follows:

      “5a.   The Directorate-General responsible for economic and financial affairs must be consulted on all initiatives relating to or having a potential impact on growth, competitiveness or economic stability in the European Union or in the euro area.”

   Article 3
   This Decision shall take effect on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 9 November 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 55, 5.3.2010, p. 60.


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31989D0690

89/690/EEC: Council Decision of 21 December 1989 concerning the conclusion of an Agreement between the European Economic Community and the Republic of Finland on trade electronic data interchange systems

Official Journal L 400 , 30/12/1989 P. 0006

COUNCIL DECISIONof 21 December 1989concerning the  conclusion of an Agreement between the European Economic Community and the Republic of Finland on  trade electronic data interchange systems(89/690/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 Republic of Finland on trade  electronic data interchange systems should there be approved, HAS DECIDED AS FOLLOWS: Article 1The Agreement between the European Economic Community and the Republic  of Finland 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.


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31991D0385

91/385/EEC: Council Decision of 22 July 1991 establishing the second phase of the Tedis programme (Trade electronic data interchange systems)

Official Journal L 208 , 30/07/1991 P. 0066 - 0071 Finnish special edition: Chapter 13 Volume 20 P. 0226  Swedish special edition: Chapter 13 Volume 20 P. 0226

COUNCIL DECISION  of 22 July 1991  establishing the second phase of the Tedis programme (Trade electronic data interchange systems)  (91/385/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 one of the Community's tasks is, by establishing a common market and gradually reducing the gap between the economic policies of the Member States, to promote the harmonious development of economic activities throughout the Community and closer  relations between its constituent States;  Whereas the Commission White Paper on the completion of the internal market stresses the importance of the future development of new transfrontier services and the contribution made by telecommunications networks based on common standards towards the  creation of a market free of barriers at Community level;  Whereas the exchange of computerized data (EDI) can contribute increasingly towards the competitiveness of European undertakings in the production and services sectors;  Whereas there is rapid growth at present in public and private initiatives for putting into service within a company or group of companies or sector of activity, at national and international level, electronic data interchange systems which are not  compatible;  Whereas, as regards electronic data interchange, the diversity and fragmentation of initiatives taken at national level or more generally by a company, group of companies or sector of activity may lead to the creation of incompatible and  non-communicating systems and to preventing suppliers of equipment and services, and users, from deriving maximum benefit from the advantages created by the growth in electronic data interchange;  Whereas, in line with the Council Resolution of 22 January 1990 on trans-European networks (4) and the conclusions of the Strasbourg and Dublin European Councils, the smooth running of the internal market depends on undertakings and authorities involved  in it being able to exchange data as part of their activities by making use of compatible systems which enable genuine pan-European data interchange networks to be developed;  Whereas Tedis needs in particular to be dovetailed with the specific programme of research and technological development in communications technology (1990 to 1994), the specific programme of research and technological development in the field of  telematics systems of general interest (1990 to 1994) and the specific programme for information technology (1990 to 1994) which are part of the Community's third framework research programme;  Whereas the work already initiated in the field of electronic data interchange (EDI) during the first phase of the Tedis programme (1988 to 1989) established by Decision 87/499/EEC (5) makes it possible to envisage the establishment of such pan-European  networks, provided that this work is continued and expanded by instituting a second phase to the programme;  Whereas a programme lasting three years is called for;  Whereas an amount of ECU 25 million is estimated as necessary to implement this multi-annual programme; whereas, for the period 1991 to 1992, in the framework of the current financial perspective, the funds estimated as necessary are ECU 10 million;  Whereas the amounts to be committed for the financing of the programme for the period after the budget year 1992 will have to fall within the Community financial framework in force;  Whereas, by Decision 89/241/EEC (6), the Council amended the initial Decision on the Tedis programme to allow non-member countries, in particular Member States of the European Free Trade Association (EFTA), to be associated with the Tedis programme and,  in accordance with Article 228 of the Treaty, authorized the Commission to negotiate agreements with the EFTA Member States;  Whereas, by Decision 89/689/EEC (7), 89/690/EEC (8), 89/691/EEC (9), 89/692/EEC (10), 89/693/EEC (11) and 89/694/EEC (12), the Council approved the agreements on systems for the electronic transfer of data for commercial use concluded between the  European Economic Community and, respectively, Austria, Finland, Iceland, Norway, Sweden and Switzerland;  Whereas the Treaty does not provide, for the adoption of this Decision, powers of action other than those of Article 235,  HAS DECIDED AS FOLLOWS:  Article 1  1. A second phase of the Tedis (Trade electronic data interchange systems) Community programme concerning the exchange of electronic data (EDI) in trade, industry and administration, hereinafter called the 'programme', is hereby set up.  The programme shall last three years.  2. The Community financial resources estimated as necessary for its implementation amount to ECU 25 million, of which ECU 10 million is for the period 1991 to 1992 in the framework of the 1988 to 1992 financial perspective.  For the subsequent period of implementation of the programme, the amount shall fall within the Community financial framework in force.  3. The budget authority shall determine the appropriations available for each financial year, taking into account the principles of sound management referred to in Article 2 of the Financial Regulation applicable to the general budget of the European  Communities.  Article 2  The objectives of the programme are to ensure that electronic data interchange systems are established to the best effect, in view of the socio-economic importance of such systems, and to mobilize the necessary resources to achieve this end  at Community level.  Article 3  In order to achieve the objectives defined in Article 2, measures will be taken and continued in the following areas:  - standardization of EDI messages,  - specific EDI needs as regards telecommunications,  - legal aspects of EDI,  - security of EDI messages,  - multi-sector and Europe-wide projects,  - analysis of the impact of EDI on company management,  - information campaigns.  A list of the proposed measures is given in Annex I. These measures shall be implemented under the procedures provided for in Articles 6 and 7.  Article 4  The implementation of the programme shall be coordinated with existing or planned Community policies and activities concerning telecommunications particularly in respect, where necessary, of initiatives under the Open Network Provision  Framework Directive (90/387/EEC) (1), the information market (Impact programme), security of information systems and standardization, and in particular with the Caddia programme and the CD project, so as to ensure the necessary interaction with the  specific requirements of the exchange of electronic data.  Article 5  Contracts arising from the programme shall be concluded with undertakings, including small and medium-sized enterprises, research establishments, national administrations and other bodies established in the Community, in the member countries  of the European Free Trade Association or in a third country with which the Community has concluded an agreement associating that country with the programme.  Article 6  1. The Commission shall be responsible for implementing the programme. The Commission shall be assisted by a Committee of an advisory nature composed of the representatives of the Member States and chaired by the representative of the  Commission.  2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time limit which the Chairman may lay down according to the urgency of the matter,  if necessary by taking a vote.  3. The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.  4. The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which its opinion has been taken into account.  Article 7  1. Notwithstanding the provisions of Article 6, the following procedure shall apply in drawing up the work programme as set out in Annex I, the breakdown of the relevant budgetary expenditure and the assessment of projects and actions  provided for in that Annex of a total value of above ECU 200 000, and the estimated amount of the Community's contribution to them.  2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter.  The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the  Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.  3. The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith.  4. In that event, the Commission shall defer application of the measures which it has decided for a period of three months from the date of communication.  The Council, acting by a qualified majority, may take a different decision within the time limit referred to in the foregoing subparagraph.  Article 8  At the end of the Tedis programme, the Commission shall present to the European Parliament, the Council and the Economic and Social Committee a final report containing an assessment by independent experts of the progress made towards each of  the objectives set under the programme on the basis of the criteria and indicators as set out in Annex II to this Decision.  Article 9  This Decision shall take effect on 1 July 1991. Done at Brussels, 22 July 1991. For the Council  The President  P. DANKERT   (1) OJ No C 311, 12. 12. 1990, p. 6. (2) OJ No C 106, 22. 4. 1991, p. 167. (3) OJ No C 102, 18. 4. 1991, p. 13. (4) OJ No C 27, 6. 2. 1990, p. 8. (5) OJ No L 285, 8. 10. 1987, p. 35. (6) OJ No L 97, 11. 4. 1989, p. 46. (7) OJ No L 400, 30. 12.  1989, p. 1. (8) OJ No L 400, 30. 12. 1989, p. 6. (9) OJ No L 400, 30. 12. 1989, p. 11. (10) OJ No L 400, 30. 12. 1989, p. 16. (11) OJ No L 400, 30. 12. 1989, p. 21. (12) OJ No L 400, 30. 12. 1989, p. 26. (13) OJ No L 192, 24. 7. 1990, p. 1.    ANNEX I 1. Standardization of EDI messages:  - support the development work of the international Edifact standard and in particular the work of the Edifact Board for Western Europe; coordinate work regarding elaboration of Edifact messages and provide the necessary technical assistance,  - supply the appropriate means to ensure conformity to Edifact of, on the one hand, EDI messages and, on the other hand, of conversion software,  - adapt, if necessary, the Edifact standard to take account of the new developments in EDI, such as graphical EDI, technical EDI and interactive EDI,  - support 'migration' towards the use of international standards and particularly towards the use of Edifact,  - seek compatibility between the American standard ANSI X12 and the international Edifact standard.  2. Specific EDI needs as regards telecommunications:  - to make proposals for improving technical interconnectivity between EDI users in Europe, ensuring close liaison with existing Community activities in this area and in particular ONP, namely:  (a) encouraging the use of standardized communication protocols suitable for EDI in underlying services, especially P-edi, X.400 (1988) or X.500, coordinating where necessary with the ONP plans to harmonize for instance standards for packet switched  data services and leased lines;  (b) encouraging the existence of gateways between existing EDI services;  (c) helping to establish a system of registration authorities, to ensure the solution of the problem of identifying the names and addresses of EDI users in a multisectorial and trans-European context,  - to encourage the increased use of integrated services digital networks for EDI,  - to favour the gathering of the EDI interest groups dealing with telecommunications aspects,  - to encourage the practice of 'one-stop shopping/billing' concepts in EDI.  3. Legal aspects of EDI:  - finalize the draft European EDI agreement,  - set up and investigate thoroughly the constraints and needs of a legal nature in specific areas,  - undertake the thorough legal analysis of media and means of storage and of the electronic signatures for EDI messages,  - prepare a discussion document on the adaptation and harmonization of European legislations in order to integrate into the legal regimes the necessary provisions for the use of EDI; define the proposal of adaptation and harmonization required,  - ensure, from a legal aspect, that functions accomplished by EDI messages are also valid in order to carry out functions of a legal and reglementary nature,  - analyse the impact of EDI messages on the traditional functions of negotiability,  - follow the issues of data protection and confidential data in order to take account of the specific needs which could arise with the development of EDI,  - ensure the coordination between Member States on legal matters in connection with EDI and participate in the international coordination.  4. Security of EDI messages:  - create an informal expert group in this specific area,  - organize each year workshops which will treat different themes related to the security of EDI messages,  - increase the awareness of EDI users and of other appropriate groups to EDI message security,  - facilitate the development of procedures, methods, services and standards related to EDI security,  - examine the user environment; identify the constraints, quantify the risks and investigate, if possible, an appropriate model to ensure EDI security,  - examine the security requirements related to new forms of EDI and the impact of new technologies,  - evaluate the services and products available to ensure the security of EDI messages, and if necessary examine the question of certification,  - examine from the EDI security viewpoint open multi-service environments.  5. Multi-sector and Europe-wide projects:  - establish and keep up-to-date a permanent inventory of existing or potential EDI projects in Europe,  - ensure the coordination of sectoral projects to meet industry and user needs,  - support of development of an intersectoral forum for EDI measures,  - encourage the launch of intersectoral projects to meet industry and user needs,  - encourage the participation of national administrations and Community institutions in the intersectoral projects,  - support the promotion of EDI systems to ensure wider use of EDI in Europe,  - identify long-term actions liable to progressively stimulate and interface EDI systems in countries of the Mediterranean, in Central and Eastern Europe.  6. Analysis of the impact of EDI on company management:  - identify and analyse changes in the methods of management and organization brought about by the introduction of EDI; small and medium-sized enterprises (SMEs) should particularly be taken into account,  - examine the economic and social effects of EDI,  - measure up the cost benefit of introducing EDI in private or public sectors,  - elaboration of a general implantation model of EDI in administrations, private and public enterprises,  - study the opportuneness of setting up a mechanism of coordination on a European level with regard to intercompany relations based on EDI.  7. Information campaigns:  - conduct regular surveys on the development of EDI in Europe and of available EDI products and services,  - undertake detailed studies more particularly of certain countries, regions or industrial sectors,  - publish the studies, analyses and other results of actions undertaken within the framework of the programme,  - support the setting up of national and/or regional awareness centres. Ensure the coordination, the provision of material support and contribution to their awareness activities,  - encourage in particular actions designed to make SMEs more aware of EDI.     ANNEX II Guidelines for assessing progress made towards the objectives of the Tedis programme  In order to achieve the objectives defined in Article 2, several measures, referred to in Article 3, will be taken and continued. The progress thereby achieved will then be assessed.  1. Forstandardization, this will mean assessing the influence of the Tedis programme on:  (a) the development and use of the Edifact standard in Western Europe;  (b) the availability and use of conversion software and its conformity to the international Edifact standard.  2. Interconnection of EDI services: assessment of the Tedis programme's impact on the capacity of data networks to operate together and the availability of Europe-wide EDI services.  3. Legal aspects: examination of how the measures taken under the Tedis programme have helped ensure the legal validity of EDI data interchange in each Member State and how they have encouraged the introduction of 'paperless trading'.  4. Security of messages: examination of how the Tedis programme has helped protect the EDI message itself and the security of EDI messages in an interlinked business environment.  5. Multi-sector and Europe-wide projects: measuring how far support for the launching of multi-sectoral pilot projects has contributed towards the sectoral and geographical integration of EDI projects.  6. Management: assessment of the value of studies and analyses - in particular concerning SMEs - carried out under the Tedis programme to assess the impact of EDI on company management and its economic and social impact.  7. Information campaigns: assessment of the impact of measures - in particular concerning SMEs - taken under the Tedis programme on the use of EDI in Western Europe.


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32000D0209(03)

Council Decision of 31 January 2000 appointing a member of the Advisory Committee of the Euratom Supply Agency

Official Journal C 037 , 09/02/2000 P. 0003 - 0003

COUNCIL DECISIONof 31 January 2000appointing a member of the Advisory Committee of the Euratom Supply Agency(2000/C 37/03)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second and third paragraphs of Article 54 thereof,Having regard to Article X of the Statutes of the Euratom Supply Agency(1), as last amended by Decision 95/1/EC, Euratom, ECSC of 1 January 1995(2),Having regard to the Council Decision of 14 June 1999 appointing the members of the Advisory Committee of the Euratom Supply Agency(3),Having regard to the opinion of the Commission,Whereas a member's seat on the aforementioned Committee has become vacant following the resignation of Mr Pierre GOLDSCHMIDT on 1 July 1999, which was brought to the Council's attention on 16 March 1999;Wheras that vacancy should be filled;Having regard to the nomination submitted by the Belgian Government on 16 March 1999,HAS DECIDED AS FOLLOWS:Sole ArticleMr Gérard PAULUIS is hereby appointed a member of the Advisory Committee of the Euratom Supply Agency for the remainder of the Committee's term of office, that is until 28 March 2001.Done at Brussels, 31 January 2000.For the CouncilThe PresidentJ. PINA MOURA(1) OJ 27, 6.12.1958, p. 534/58.(2) OJ L 1, 1.1.1995, p. 1.(3) OJ C 186, 2.7.1999, p. 1.


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31981D0923

81/923/EEC: Council Decision of 19 October 1981 replacing a member of the Advisory Committee on Freedom of Movement for Workers

Official Journal L 337 , 24/11/1981 P. 0011

****( 1 ) OJ NO L 257 , 15 . 10 . 1968 , P . 9 .        COUNCIL DECISION   OF 19 OCTOBER 1981   REPLACING A MEMBER OF THE ADVISORY COMMITTEE ON FREEDOM OF MOVEMENT FOR WORKERS  ( 81/923/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1612/68 OF 15 OCTOBER 1968 ON FREEDOM OF MOVEMENT OF WORKERS WITHIN THE COMMUNITY ( 1 ), AND IN PARTICULAR ARTICLE 27 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 17 MARCH 1980 APPOINTING , FOR THE PERIOD ENDING ON 16 MARCH 1982 , MEMBERS AND ALTERNATE MEMBERS TO THE ADVISORY COMMITTEE ON FREEDOM OF MOVEMENT FOR WORKERS ,   WHEREAS , FOLLOWING THE RESIGNATION OF MR FABRETTI , OF WHICH THE COUNCIL WAS NOTIFIED ON 6 OCTOBER 1981 , A MEMBER ' S SEAT HAS FALLEN VACANT ON THE ABOVEMENTIONED COMMITTEE IN THE WORKERS '  REPRESENTATIVES CATEGORY ;   HAVING REGARD TO THE NOMINATION SUBMITTED ON 6 OCTOBER 1981 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR NESTORE DI MEOLA IS HEREBY APPOINTED MEMBER OF THE ADVISORY COMMITTEE ON FREEDOM OF MOVEMENT FOR WORKERS IN PLACE OF MR FABRETTI FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE , WHICH RUNS UNTIL 16 MARCH 1982 .   DONE AT LUXEMBOURG , 19 OCTOBER 1981 .   FOR THE COUNCIL   THE PRESIDENT   P . WALKER


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31994D0045

94/45/EC: Council Decision of 20 December 1993 on the conclusion of the Additional Protocol to the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community, of the one part, and the Republic of Hungary, of the other part, and to the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part

Official Journal L 025 , 29/01/1994 P. 0006 - 0006 Finnish special edition: Chapter 11 Volume 28 P. 0017  Swedish special edition: Chapter 11 Volume 28 P. 0017

COUNCIL DECISION of 20 December 1993 on the conclusion of the Additional Protocol to the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community, of the one part, and  the Republic of Hungary, of the other part, and to the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part (94/45/EC)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with Article 228 (2) thereof,  Having regard to the conclusions of the European Council which took place in Copenhagen on 21 and 22 June 1993,  Having regard to the proposal from the Commission,  Whereas the Commission has negotiated on behalf of the Communities an Additional Protocol to the Interim Agreement on trade and trade-related matters and to the Europe Agreement with the Republic of Hungary;  Whereas it is necessary to approve this Additional Protocol,  HAS DECIDED AS FOLLOWS:   Article 1  The Additional Protocol to the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community, of the one part, and the Republic of Hungary, of the other part, and to the Europe  Agreement between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part, is hereby approved on behalf of the European Community.  The text of the Additional Protocol is attached to this Decision.   Article 2  The President of the Council is hereby authorized to designate the person empowered to sign the Additional Protocol on behalf of the European Community.  The President of the Council shall give the notification provided for in Article 8 of the Additional Protocol on behalf of the European Community.  Done at Brussels, 20 December 1993.  For the Council The President W. CLAES


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31998D0442

98/442/EC: Decision No 167 of 2 December 1997 of the Administrative Commission of the European Communities on Social Security for Migrant Workers amending Decision No 146 of 10 October 1990 concerning the interpretation of Article 94(9) of Regulation (EEC) No 1408/71 (Text with EEA relevance)

Official Journal L 195 , 11/07/1998 P. 0035 - 0036

DECISION No 167 of 2 December 1997 amending Decision No 146 of 10 October 1990 concerning the interpretation of Article 94(9) of Regulation (EEC) No 1408/71 (Text with EEA relevance) (98/442/EC)THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,Having regard to Article 81(a) of Council Regulation No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, under which it is responsible for dealing with all administrative questions and questions of interpretation arising from the provisions of Regulation (EEC) No 1408/71 and subsequent Regulations,Having regard to Council Regulation (EEC) No 3427/89 of 30 October 1989 which introduces a uniform solution for all the Member States to the problem of the payment of family benefits to members of the family not residing in the territory of the competent State,Having regard to Article 94(9) of Regulation (EEC) No 1408/71, as amended by Regulation (EEC) No 3427/89, which provides that the family allowances received by employed persons employed in France in respect of the members of their families residing in another Member State on the date of 15 November 1989 shall continue to be paid at the rates, within the limits and according to the procedures applicable on that date, as long as their amount exceeds that of the benefits that would be due as from the date of 16 November 1989 and as long as the persons concerned are subject to French legislation, without taking account inter alia of interruptions during periods of receipt of unemployment benefits,Whereas the wording of the second subparagraph of paragraph 1(c) of Decision No 146 (1) adds to the conditions laid down in Article 94(9) of Regulation (EEC) No 1408/71 in respect of not taking account of periods of unemployment; whereas it refers to unemployment benefits under French legislation;Whereas this restriction, which is not consistent with the provisions of Regulation (EEC) No 1408/71, should be removed;Acting in accordance with the conditions laid down in Article 80(3) of Regulation (EEC) No 1408/71,HAS DECIDED AS FOLLOWS:1. The second subparagraph of paragraph 1(c) of Decision No 146 of 10 October 1990 concerning the interpretation of Article 94(9) of Regulation (EEC) No 1408/71 shall be replaced as follows:'With regard to the condition, laid down in Article 94(9), of the person concerned remaining subject to French legislation, no account shall be taken of interruptions of work of less than one month or of periods of temporary suspension of work due to illness, maternity, accident at work, occupational disease or unemployment, with the continued receipt of pay or receipt of corresponding benefits, except for pensions and annuities or because of paid leave, a strike or a lock out`.2. This Decision shall be applicable from 1 September 1991.Georges SCHROEDERThe Chairman of the Administrative Commission(1) OJ L 235, 23. 8. 1991, p. 9.