Avis juridique important

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31989D0309

89/309/EEC: Commission Decision of 28 April 1989 accepting an undertaking relating to the anti-dumping proceeding concerning certain plain paper photocopiers assembled or produced in the Community by Sharp Manufacturing (UK) Ltd

Official Journal L 126 , 09/05/1989 P. 0038 - 0039

*****COMMISSION  DECISION  of 28 April 1989  accepting an undertaking relating to the anti-dumping proceeding concerning certain plain paper photocopiers assembled or produced in the Community by Sharp Manufacturing (UK) Ltd  (89/309/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Community (1), and in particular Article 13 (10) thereof,  After consultations within the Advisory Committee as provided for under Regulation (EEC) No 2423/88,  Whereas:  A. Procedure  (1) By Regulation (EEC) No 535/87 (2), the Council imposed definitive anti-dumping duties on imports of plain paper photocopiers (PPCs) originating in Japan. In January 1988, the Commission received a complaint lodged by Cecom, the Committee of European Copier Manufacturers, on behalf of producers of PPCs whose collective output constitutes a major proportion of Community production of the product in question. The complaint contained sufficient evidence that, following the opening of the investigation on PPCs originating in Japan (3), a number of companies where assembling PPCs in the Community under the conditions referred to in Article 13 (10) of Regulation (EEC) No 2423/88.  After consultation, the Commission accordingly announced, by notice published in the Official Journal of the European Communities (4), the initiation of an investigation under Article 13 (10) of Regulation (EEC) No 2423/88 concerning PPCs assembled in the Community by the following companies related to or associated with the Japanese manufacturers whose imports of PPCs into the Community are subject to a definitive anti-dumping duty:  - Canon Bretagne SA (France),  - Canon Glessen GmbH (Germany),  - Firma Develop Dr Eisbein GmbH (Germany),  - Konica Business Machines Manufacturing GmbH (Germany),  - Matsushita Business Machine (Europe) GmbH (Germany),  - Olivetti-Canon Industriale Spa (Italy),  - Ricoh (UK) Products Ltd (United Kingdom),  - Sharp Manufacturing (UK) Ltd (United Kingdom),  - Toshiba Systèmes (France) SA (France).  B. Results of the first investigation  (2) The investigation, which covered the period from April 1987 to January 1988, showed that Sharp Manufacturing (UK) Ltd had not assembled or produced PPCs in the Community during the investigation period and that Canon Glessen GmbH and Olivetti-Canon Spa had reached the required 40 % of non-Japanese parts during that period. Accordingly, the relevant anti-dumping duties were not extended to PPCs assembled or produced in the Community by these companies. In addition, Canon Bretagne SA, Firma Develop Dr Eisbein GmbH and Ricoh (UK) Products Ltd offered undertakings during the course of the proceeding which were accepted by the Commission by Decision 88/519/EEC (5).  (3) For all other companies investigated, and after taking into consideration the circumstances of each case, Council Regulation (EEC) No 3205/88 (6) extended the anti-dumping duty imposed by Regulation (EEC) No 535/87 to certain PPCs assembled in the Community by these companies.  (4) Matsushita Business Machine (Europe) GmbH and Toshiba Systèmes (France) SA (7) and subsequently Konica Business Machines Manufacturing GmbH (8) offered undertakings which were accepted by the Commission and Regulation (EEC) No 3205/88 was accordingly repealed (9).  C. Subsequent investigation  (5) During the first investigation, the Commission established that Sharp Corporation, at its wholly owned subsidiary in the United Kingdom, Sharp Manufacturing (UK) Ltd, had in fact commenced production or assembly of the product concerned subsequent to the reference period.  (6) The Commission, accordingly, considered it appropriate that the investigation concerning the production of assembly of PPCs in the Community should also cover assembly or production facilities of Sharp Manufacturing (UK) Ltd and published a notice (1) in the Official Journal of the European Communities to that effect and commenced an investigation.  (7) The investigation established that, during the period June to November 1988, the weighted average value of parts and materials of Japanese origin incorporated in all models assembled or produced by Sharp Manufacturing (UK) Ltd was more than 60 %.  D. Undertaking  (8) Subsequently, Sharp Manufacturing (UK) Ltd offered an undertaking and the Commission verified, at the premises of the company concerned, the contents thereof. This undertaking would remove the conditions justifying the extension to the abovementioned company of the anti-dumping duty imposed on PPCs by Regulation (EEC) No 535/87. In the light of the undertaking offered and of the results of the verification and after consultation, the Commission is satisfied that the changes in the sourcing of parts and materials, the assurances regarding future sourcing and of other aspects of this company's assembly or production operation in the Community are sufficient for the undertaking to be accepted,  HAS ADOPTED THIS REGULATION:  Sole Article  The undertaking offered by Sharp Manufacturing (UK) Ltd in connection with plain paper photocopiers incorporating an optical system (falling within CN codes ex 9009 11 00, ex 9009 12 00 and ex 9009 21 00) introduced into the commerce of the Community after having been assembled in the Community by Sharp Manufacturing (UK) Ltd is hereby accepted.  Done at Brussels, 28 April 1989.  For the Commission  Frans ANDRIESSEN  Vice-President  (1) OJ No L 209, 2. 8. 1988, p. 1.  (2) OJ No L 54, 24. 2. 1987, p. 12.  (3) OJ No C 194, 2. 8. 1985, p. 5.  (4) OJ No C 44, 17. 2. 1988, p. 3.  (5) OJ No L 284, 19. 10. 1988, p. 60.  (6) OJ No L 284, 19. 10. 1988, p. 36.  (7) OJ No L 355, 23. 12. 1988, p. 66.  (8) OJ No L 43, 15. 2. 1989, p. 54.  (9) OJ No L 43, 15. 2. 1989, p. 1.  (1) OJ No C 306, 1. 12. 1988, p. 8.


title: EFTA Surveillance Authority Decision No 221/15/COL of 3 June 2015 amending EFTA Surveillance Authority Decision No 83/15/COL concerning the consistency of certain targets included in the national or functional airspace block plans submitted pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council with the Union-wide performance targets for the second reference period [2016/1420]

text:
               25.8.2016

               EN

               Official Journal of the European Union

               L 230/56

         EFTA SURVEILLANCE AUTHORITY DECISION
   No 221/15/COL
   of 3 June 2015
   amending EFTA Surveillance Authority Decision No 83/15/COL concerning the consistency of certain targets included in the national or functional airspace block plans submitted pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council with the Union-wide performance targets for the second reference period [2016/1420]
   THE EFTA SURVEILLANCE AUTHORITY,
   Having regard to the Act mentioned at point 66t of Annex XIII to the EEA Agreement (Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (‘the Framework Regulation’) (1)), as adapted to the EEA Agreement by Protocol 1 thereto, and in particular Article 11(3)(c) thereof,
   Whereas:
   Incorrect entries regarding the Kingdom of Norway were discovered in the table containing the key performance area of safety in the Annex of the EFTA Surveillance Authority Decision No 83/15/COL of 18 March 2015, which need to be corrected,
   HAS ADOPTED THIS DECISION:
   Article 1
   In the Annex to College Decision No 83/15/COL, the part concerning the key performance area of safety, is replaced by the following:

      ‘KEY PERFORMANCE AREA OF SAFETY
      Effectiveness of Safety Management (EOSM) and the application of the severity classification based on the Risk Analysis Tool (RAT) methodology

                  EFTA State

                  FAB

                  EOSM

                  RAT Ground Level %

                  RAT Overall Level %

                  State level

                  ANSP level

                  2017

                  2019

                  2017

                  2019

                  SC

                  Other MO

                  SMI

                  RI

                  ATMS

                  SMI

                  RI's

                  ATMS

                  SMI

                  RI's

                  ATMS

                  SMI

                  RI's

                  ATMS

                  Norway

                  NEFAB

                  C

                  C

                  D

                  95

                  95

                  85

                  100

                  100

                  100

                  90

                  90

                  85

                  100

                  100

                  100’

                  [Finland]

                  [Latvia]

                  [Estonia]

   Article 2
   This Decision is addressed to the Kingdom of Norway.

      Done at Brussels, 3 June 2015.

            For the EFTA Surveillance Authority

         Oda Helen SLETNES

            President

         Helga JÓNSDÓTTIR

            College Member

      (1)  OJ L 96, 31.3.2004, p. 1.


title: 2012/23/EU: Council Decision of 12 December 2011 concerning the accession of the European Union to the Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, as regards Articles 10 and 11 thereof

text:
               12.1.2012

               EN

               Official Journal of the European Union

               L 8/13

         COUNCIL DECISION
   of 12 December 2011
   concerning the accession of the European Union to the Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, as regards Articles 10 and 11 thereof
   (2012/23/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 81(1) and points (a) and (c) of Article 81(2), in conjunction with point (a) of Article 218(6) and the first subparagraph of Article 218(8) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               The Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 ("Athens Protocol") represents a major improvement to the regime relating to the liability of carriers and the compensation of passengers carried by sea.

               (2)

               The Athens Protocol modifies the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 and establishes in Article 15 that the two instruments shall, as between the Parties to the Athens Protocol, be read and interpreted together as one single instrument.

               (3)

               Articles 10 and 11 of the Athens Protocol affect Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (1). The Union thus has exclusive competence as regards Articles 10 and 11 of the Athens Protocol.

               (4)

               Upon accession of the Union to the Athens Protocol, the rules on jurisdiction set out in Article 10 thereof should take precedence over the relevant Union rules.

               (5)

               However, the rules on recognition and enforcement of judgments laid down in Article 11 of the Athens Protocol should not take precedence either over the relevant rules of the Union, as extended to Denmark by the Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (2), or the rules of the Lugano Convention on jurisdiction and the enforcement of judgments in civil and commercial matters of 16 September 1988 (3) or the Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters of 30 October 2007 (4), since the effect of the application of these rules is to ensure that judgments are recognised and enforced at least to the same extent as under the rules of the Athens Protocol.

               (6)

               The Athens Protocol is open for ratification, acceptance, approval or accession by States and by Regional Economic Integration Organisations which are constituted by sovereign States that have transferred competence over certain matters governed by the Athens Protocol to those Organisations.

               (7)

               According to Article 17(2)(b) and Article 19 of the Athens Protocol, Regional Economic Integration Organisations may conclude the Athens Protocol.

               (8)

               The United Kingdom and Ireland, to which the 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, applies, will be bound as part of the European Union by Articles 10 and 11 of the Athens Protocol.

               (9)

               In accordance with Articles 1 and 2 of the 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 in respect of Articles 10 and 11 of the Athens Protocol. It will be bound by these Articles only as a separate Contracting Party.

               (10)

               The majority of the rules of the Athens Protocol have been incorporated into Union law by Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents (5). Thus, the Union exerted competence as regards the matters governed by that Regulation. A separate Decision relating to those provisions is to be adopted in parallel to this Decision.

               (11)

               Member States which are to ratify or accede to the Athens Protocol should, if possible, do so simultaneously. Member States should therefore exchange information on the state of their ratification or accession procedures in order to prepare as far as possible the simultaneous deposit of their instruments of ratification or accession. When ratifying or acceding to the Athens Protocol, Member States should make the reservation contained in the IMO Guidelines,

         HAS ADOPTED THIS DECISION:
   Article 1
   The accession of the European Union to the Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 ("Athens Protocol") is hereby approved on behalf of the European Union as regards Articles 10 and 11 thereof.
   The text of these Articles is reproduced in the Annex.
   Article 2
   1.   The President of the Council is hereby authorised to designate the person or persons empowered to deposit the instrument of accession of the Union to the Athens Protocol as regards Articles 10 and 11 thereof in accordance with Articles 17(2)(c), 17(3) and 19 of that Protocol.
   2.   At the time of the deposit of the instrument of accession, the Union shall make the following declaration of competence:

      "As regards matters covered by Articles 10 and 11 of the Athens Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, which come under Article 81 of the Treaty on the Functioning of the European Union, the Member States of the European Union, with the exception of the Kingdom of Denmark, 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, have conferred competences to the Union. The Union exercised this competence by adopting Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.".

   3.   At the time of the deposit of the instrument of accession, the Union shall make the following declaration on Article 17bis(3) of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, as amended by Article 11 of the Athens Protocol:

                  "1.

                  Judgments on matters covered by the Athens Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, when given by a court of the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden or the United Kingdom of Great Britain and Northern Ireland, shall be recognised and enforced in a Member State of the European Union in accordance with the relevant rules of the European Union on the subject.

                  2.

                  Judgments on matters covered by the Athens Protocol, when given by a court of the Kingdom of Denmark, shall be recognised and enforced in a Member State of the European Union in accordance with the Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

                  3.

                  Judgments on matters covered by the Athens Protocol, when given by a court of a third State

                              (a)

                              bound by the Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters of 30 October 2007 shall be recognised and enforced in the Member States of the European Union in accordance with that Convention;

                              (b)

                              bound by the Lugano Convention on jurisdiction and the enforcement of judgments in civil and commercial matters of 16 September 1988 shall be recognised and enforced in the Member States of the European Union in accordance with that Convention.".

   4.   The person or persons designated under paragraph 1 of this Article shall make the reservation contained in the IMO Guidelines when depositing the instrument of accession of the Union to the Athens Protocol as regards Articles 10 and 11 thereof.
   Article 3
   The Union shall deposit its instrument of accession to the Athens Protocol as regards Articles 10 and 11 thereof by 31 December 2011.
   Article 4
   Member States shall take the necessary steps to deposit the instruments of ratification of, or accession to, the Athens Protocol within a reasonable time and, if possible, by 31 December 2011.

      Done at Brussels, 12 December 2011.

            For the Council

            The President

         S. NOWAK

      (1)  OJ L 12, 16.1.2001, p. 1.

      (2)  OJ L 299, 16.11.2005, p. 62.

      (3)  OJ L 319, 25.11.1988, p. 9.

      (4)  OJ L 339, 21.12.2007, p. 3.

      (5)  OJ L 131, 28.5.2009, p. 24.

      ANNEX

         ARTICLES 10 AND 11 OF THE PROTOCOL OF 2002 TO THE ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA, 1974

      Article 10
      Article 17 of the Convention is replaced by the following text:

         ‘Article 17
         Competent jurisdiction
         1.   An action arising under Articles 3 and 4 of this Convention shall, at the option of the claimant, be brought before one of the courts listed below, provided that the court is located in a State Party to this Convention, and subject to the domestic law of each State Party governing proper venue within those States with multiple possible forums:

                     (a)

                     the court of the State of permanent residence or principal place of business of the defendant, or

                     (b)

                     the court of the State of departure or that of the destination according to the contract of carriage, or

                     (c)

                     the court of the State of the domicile or permanent residence of the claimant, if the defendant has a place of business and is subject to jurisdiction in that State, or

                     (d)

                     the court of the State where the contract of carriage was made, if the defendant has a place of business and is subject to jurisdiction in that State.

               2.   Actions under Article 4bis of this Convention shall, at the option of the claimant, be brought before one of the courts where action could be brought against the carrier or performing carrier according to paragraph 1.
         3.   After the occurrence of the incident which has caused the damage, the parties may agree that the claim for damages shall be submitted to any jurisdiction or to arbitration.’.

      Article 11
      The following text is added as Article 17bis of the Convention:

         ‘Article 17bis

         Recognition and enforcement
         1.   Any judgment given by a court with jurisdiction in accordance with Article 17 which is enforceable in the State of origin where it is no longer subject to ordinary forms of review, shall be recognised in any State Party, except

                     (a)

                     where the judgment was obtained by fraud; or

                     (b)

                     where the defendant was not given reasonable notice and a fair opportunity to present the case.

               2.   A judgment recognised under paragraph 1 shall be enforceable in each State Party as soon as the formalities required in that State have been complied with. The formalities shall not permit the merits of the case to be re-opened.
         3.   A State Party to this Protocol may apply other rules for the recognition and enforcement of judgments, provided that their effect is to ensure that judgments are recognised and enforced at least to the same extent as under paragraphs 1 and 2.’.


title: 2010/553/EU: Decision of the European Parliament of 5 May 2010 on the closure of the accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2008

text:
               25.9.2010

               EN

               Official Journal of the European Union

               L 252/226

         DECISION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   on the closure of the accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2008
   (2010/553/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2008,
   having regard to the Court of Auditors’ report on the annual accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year ended 31 December 2008, together with the replies of the Joint Undertaking (1),
   having regard to the Council’s recommendation of 16 February 2010 (5829/2010 — C7-0060/2010),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Council Decision 2007/198/Euratom of 27 March 2007 establishing the European Joint Undertaking for ITER and the Development of Fusion Energy and conferring advantages upon it (3), and in particular Article 5 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A7-0094/2010),

               1.

               Approves the closure of the accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2008;

               2.

               Instructs its President to forward this Decision to the Director of the European Joint Undertaking for ITER and the Development of Fusion Energy, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 310, 18.12.2009, p. 1.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 90, 30.3.2007, p. 58.

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


title: 2006/882/EC: Council Decision of 13 November 2006 on the conclusion of a Protocol amending the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, on tariff quotas for sugar and sugar products originating in Croatia or in the Community

text:
               7.12.2006

               EN

               Official Journal of the European Union

               L 341/31

         COUNCIL DECISION
   of 13 November 2006
   on the conclusion of a Protocol amending the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, on tariff quotas for sugar and sugar products originating in Croatia or in the Community
   (2006/882/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On 28 February 2005 the Council authorised the Commission to enter into negotiations with the Republic of Croatia to amend the preferential arrangements as regards imports of sugar originating in Croatia into the Community under the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part (1), approved by Council and Commission Decision 2005/40/EC, Euratom (2).

               (2)

               The Commission has finalised negotiations for a Protocol amending the Stabilisation and Association Agreement. The said Protocol should therefore be approved.

               (3)

               The measures necessary for the implementation of the Protocol should be adopted by the Commission according to the same procedure as that provided for as regards the implementation of Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (3),

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Protocol amending the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, on tariff quotas for sugar and sugar products originating in Croatia or in the Community (hereinafter referred to as the Protocol) is hereby approved on behalf of the Community.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol in order to bind the Community.
   Article 3
   The Commission shall adopt the detailed rules for implementing the Protocol in accordance with the procedure as laid down in Article 39 of Regulation (EC) No 318/2006.

      Done at Brussels, 13 November 2006.

            For the Council

            The President

         E. TUOMIOJA

      (1)  OJ L 26, 28.1.2005, p. 3.

      (2)  OJ L 26, 28.1.2005, p. 1.

      (3)  OJ L 58, 28.2.2006, p. 1.
    ---documentbreak---

               7.12.2006

               EN

               Official Journal of the European Union

               L 341/33

         PROTOCOL
   amending the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, on tariff quotas for sugar and sugar products originating in Croatia or in the Community
   THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,
   of the one part, and
   THE REPUBLIC OF CROATIA, hereinafter referred to as ‘Croatia’,
   of the other part,
   Whereas:

               (1)

               The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, (hereinafter referred to as the SAA) was signed in Luxembourg on 29 October 2001 and entered into force on 1 February 2005.

               (2)

               Negotiations have taken place to alter the preferential arrangements in the SAA with regard to sugar and sugar products originating in Croatia or in the Community.

               (3)

               Appropriate amendments to the SAA should be adopted,

         HAVE AGREED AS FOLLOWS:
   Article 1
   The SAA is hereby amended as follows:

               1.

               Article 27 shall be amended as follows:

                           (a)

                           in paragraph 1, the first subparagraph shall be replaced by the following:
                           ‘1.   The Community shall abolish the customs duties and charges having equivalent effect on imports of agricultural products originating in Croatia, other than those of heading Nos 0102, 0201, 0202, 1701, 1702 and 2204 of the Combined Nomenclature.’;

                           (b)

                           the following paragraph shall be added:
                           ‘5.   Certain trade arrangements to apply to sugar and sugar products under the headings Nos 1701 and 1702 of the Combined Nomenclature are set out in Annex IV(h).’

               2.

               The text set out in the Annex to this Decision shall be added as Annex IV(h).

               3.

               In the table in Annex I to Protocol 3, the following references shall be deleted:
               ‘1702 50 00 — Chemically pure fructose’,
               ‘1702 90 10 — Chemically pure maltose’.

         Article 2
   The Parties shall meet in the second half of 2008 to review the effects of this Protocol.
   Article 3
   This Protocol shall form an integral part of the SAA.
   Article 4
   This Protocol shall enter into force on 1 January 2007.
   Article 5
   This Protocol is drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovene, Spanish, Swedish and Croatian languages, each of these texts being equally authentic.

      Hecho en Zagreb, el veintiocho de noviembre de dos mil seis.
      V Záhřebu dne dvacátého osmého listopadu dva tisíce šest.
      Udfærdiget i Zagreb den otteogtyvende november to tusind og seks.
      Geschehen zu Zagreb am achtundzwanzigsten November zweitausendundsechs.
      Koostatud kahekümne kaheksandal novembril kahe tuhande kuuendal aastal Zagrebis.
      Έγινε στο Ζάγκρεμπ στις είκοσι οκτώ Νοεμβρίου δύο χιλιάδες έξι.
      Done at Zagreb on the twenty-eighth day of November in the year two thousand and six.
      Fait à Zagreb, le vingt-huit novembre deux mille six.
      Fatto a Zagabria, addì ventotto novembre duemilasei.
      Zagrebā, divi tūkstoši sestā gada divdesmit astotajā novembrī.
      Priimta Zagrebe, du tūkstančiai šeštų metų lapkričio dvidešimt aštuntą dieną.
      Kelt Zágrábban, a kétezer-hatodik év november havának huszonnyolcadik napján.
      Magħmul f'Żagreb fit-tmienja u għoxrin jum ta' Novembru fis-sena elfejn u sitta.
      Gedaan te Zagreb, de achtentwintigste november tweeduizend en zes.
      Sporządzono w Zagrzebiu dnia dwudziestego ósmego listopada dwa tysiące szóstego roku.
      Feito em Zagrebe, aos vinte e oito dias do mês de Novembro do ano de dois mil e seis.
      V Záhrebe dvadsiateho ôsmeho novembra dvetisícšesť.
      V Zagrebu, dne osemindvajsetega novembra, leta dva tisoč šest.
      Tehty Zagrebissa kahdentenakymmenentenäkahdeksantena päivänä marraskuuta vuonna kaksituhattakuusi
      Utfärdat i Zagreb den tjuguåttonde november år tvåtusensex.
      Sastavljeno u Zagrebu dana dvadesetosmog studenoga dvije tisuće i šeste godine.

         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         Az Európai Közösség részéről
         Għall-Komunitá Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         För Europeiska gemenskapen
         Za Europsku zajednicu

         Por la República de Croacia
         Za Chorvatskou republiku
         For Republikken Kroatien
         Für die Republik Kroatien
         Horvaatia Vabariigi nimel
         Για τη Δημοκρατία της Κροατίας
         For the Republic of Croatia
         Pour la République de Croatie
         Per la Repubblica di Croazia
         Horvātijas Republikas vārdā
         Kroatijos Respublikos vardu
         A Horvát Köztársaság részéről
         Għar-Repubblika tal-Kroazja
         Voor de Republiek Kroatië
         W imieniu Republiki Chorwacji
         Pela República da Croácia
         Za Chorvátsku republiku
         Za Republiko Hrvaško
         Kroatian tasavallan puolesta
         För Republiken Kroatien
         Za Republiku Hrvatsku

   ANNEX

         ‘ANNEX IV(h)
         referred to in Article 27(5)

                     1.

                     The Community shall apply duty-free access on imports into the Community for products originating in Croatia of headings 1701 and 1702 of the Combined Nomenclature within a limit of an annual quantity of 180 000 tonnes (net weight).

                     2.

                     Croatia shall apply a reduced duty access on imports into Croatia of products originating in the Community of headings 1701 of the Combined Nomenclature within a limit of an annual quantity of 80 000 tonnes (net weight), to be applied only once imports from Croatia to the Community of headings 1701 and 1702 of the Combined Nomenclature reach 80 000 tonnes (net weight). On this quantity Croatia will reduce duty rates as follows:

                                 —

                                 on 1 January 2007 the duty shall be reduced to 75 % of the basic duty,

                                 —

                                 on 1 January 2008 the duty shall be reduced to 70 % of the basic duty,

                                 —

                                 on 1 January 2009 and onwards the duty shall be reduced to 50 % of the basic duty.

                     3.

                     The Community undertakes not to pay export refunds from the Community budget for sugar, syrup and certain other sugar products falling under headings 1701 and 1702 of the Combined Nomenclature when exported in natural state to Croatia. Croatia undertakes not to pay export refunds for sugar exports to the Community.’


title: Council Decision (EU) 2016/203 of 12 February 2016 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Annex XXI (Statistics) to the EEA Agreement (health care expenditure statistics)

text:
               16.2.2016

               EN

               Official Journal of the European Union

               L 39/36

         COUNCIL DECISION (EU) 2016/203
   of 12 February 2016
   on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Annex XXI (Statistics) to the EEA Agreement (health care expenditure statistics)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 338(1), in conjunction with Article 218(9) thereof,
   Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Agreement on the European Economic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994.

               (2)

               Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Annex XXI (Statistics) to the EEA Agreement.

               (3)

               Commission Regulation (EU) 2015/359 (3) is to be incorporated into the EEA Agreement. Information regarding day care and enterprise financing schemes as well as outpatient and day care is not available in Liechtenstein. It should therefore be exempted from providing this data.

               (4)

               Annex XXI (Statistics) to the EEA Agreement should therefore be amended accordingly.

               (5)

               The position of the Union within the EEA Joint Committee should therefore be based on the attached draft decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted, on the Union's behalf, within the EEA Joint Committee on the proposed amendment to Annex XXI (Statistics) to the EEA Agreement shall be based on the draft decision of the EEA Joint Committee attached to this Decision.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 12 February 2016.

            For the Council

            The President

         J.R.V.A. DIJSSELBLOEM

      (1)  OJ L 305, 30.11.1994, p. 6.

      (2)  OJ L 1, 3.1.1994, p. 3.

      (3)  Commission Regulation (EU) 2015/359 of 4 March 2015 implementing Regulation (EC) No 1338/2008 of the European Parliament and of the Council as regards statistics on healthcare expenditure and financing (OJ L 62, 6.3.2015, p. 6).

      DRAFT
      DECISION OF THE EEA JOINT COMMITTEE No …/2016
      of …
      amending Annex XXI (Statistics) to the EEA Agreement
      THE EEA JOINT COMMITTEE,
      Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,
      Whereas:

                  (1)

                  Commission Regulation (EU) 2015/359 of 4 March 2015 implementing Regulation (EC) No 1338/2008 of the European Parliament and of the Council as regards statistics on healthcare expenditure and financing (1) is to be incorporated into the EEA Agreement.

                  (2)

                  Annex XXI to the EEA Agreement should therefore be amended accordingly,

            HAS ADOPTED THIS DECISION:
      Article 1
      The following point is inserted after point 18z5 (Commission Implementing Regulation (EU) No 205/2014) of Annex XXI to the EEA Agreement:

                     ‘18z6.

                        32015 R 0359: Commission Regulation (EU) 2015/359 of 4 March 2015 implementing Regulation (EC) No 1338/2008 of the European Parliament and of the Council as regards statistics on healthcare expenditure and financing (OJ L 62, 6.3.2015, p. 6).
                     The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:

                                 (a)

                                 Liechtenstein is exempted from providing separate data on day curative care (HC.1.2), day rehabilitative care (HC.2.2) and day long-term care (health) (HC.3.2), which shall be included in the data provided on outpatient curative care (HC.1.3), outpatient rehabilitative care (HC.2.3) and outpatient long-term care (health) (HC.3.3), respectively.

                                 (b)

                                 Liechtenstein is exempted from providing data on enterprise financing schemes (HF.2.3). This exemption shall be subject to review by the EEA Joint Committee whenever figures provided by Liechtenstein demonstrate that the expenditure on enterprise financing schemes in Liechtenstein is no longer negligible.’.

      Article 2
      The texts of Regulation (EU) 2015/359 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
      Article 3
      This Decision shall enter into force on […], provided that all the notifications under Article 103(1) of the EEA Agreement have been made (2).
      Article 4
      This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

         Done at Brussels,

               For the EEA Joint Committee

               The President

            […]

               The Secretaries to the EEA Joint Committee

            […]

         (1)  OJ L 62, 6.3.2015, p. 6.

         (2)  [No constitutional requirements indicated.] [Constitutional requirements indicated.]


Avis juridique important

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31989D0057

89/57/EEC: Commission Decision of 20 January 1989 terminating the proceedings under Article 13 (10) of Regulation (EEC) No 2423/88 concerning certain ball bearings assembled in the Community

Official Journal L 025 , 28/01/1989 P. 0090 - 0091

*****COMMISSION  DECISION  of 20 January 1989  terminating the proceedings under Article 13 (10) of Regulation (EEC) No 2423/88 concerning certain ball bearings assembled in the Community  (89/57/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 13 (10) thereof,  After consultations within the Advisory Committee as provided for under the above Regulation,  Whereas:  A. Procedure  (1) In April 1988, the Commission received a complaint lodged by FEBMA, the Federation of European Bearing Manufacturers Associations, on behalf of producers of ball bearings whose collective output constitutes a major proportion of Community production of the product in question. The complaint contained sufficient evidence of the fact that, following the opening of the investigations concerning ball bearings originating in Japan (2) (3), which led to the adoption of Council Regulations (EEC) No 2089/84 (4) and (EEC) No 1739/85 (5) imposing definitive anti-dumping duties on imports of those products, two companies were assembling ball bearings in the Community under the conditions referred to in Article 13 (10) of Council Regulation (EEC) No 2176/84 (6), since replaced by Regulation (EEC) No 2423/88. Accordingly, after consultation, the Commission announced, by notice published in the Official Journal of the European Communities (7), the initiation of an investigation, under the said Article 13 (10), concerning ball bearings assembled in the Community by companies related to, or associated with, the following Japanese manufacturers whose exports of ball bearings are subject to a definitive anti-dumping duty:  - Nippon Seiko KK,  - NTN Toyo Bearing Co. Ltd.  (2) The Commission so advised the companies, the representatives of Japan and the complainants, and gave the parties directly concerned the opportunity to make known their views in writing and to request a hearing.  (3) The two companies concerned and the complainants made their views known in writing and requested and were granted hearings by the Commission.  (4) No submissions were made by purchasers of ball bearings assembled in the Community. The Commission sought and verified all information it deemed necessary for the purpose of the assessment of the character of the alleged assembly operations and carried out investigations at the premises of the following companies:  - NSK Bearings (Europe) Ltd, UK,  - NTN Kugellagerfabrik, Germany.  (5) The period of investigation was from 1 December 1987 to 31 May 1988.  B. Relationship or association with exporter  (6) The two companies referred to in recital 4 were found to be wholly owned subsidiaries of Japanese exporters of ball bearings which were subject to the definitive anti-dumping duties imposed by Regulations (EEC) No 2089/84 and (EEC) No 1739/85.  C. Production  (7) Both companies concerned were found to have established assembly or production plants for ball bearings in the Community prior to the opening of the relevant anti-dumping investigation and, for both these plants, it was claimed that no substantial increase in quantities assembled had occurred since the date of the initiation. It was, however, established that, at both plants, volumes of ball bearings assembled increased by more than 24 % in the year following the opening of the original investigation, and that, if the subsequent year is used as the basis, the increases in both cases were found to be more than 40 % for the two year period. In addition, in both cases, these increases followed a period of relative stability in production  during which, from 1980 to 1983 inclusive, the number of ball bearings produced over the four year period increased by only 2,3 % in one case and not at all in the other. Thus, it was concluded that, on balance, it would not be reasonable to consider the respective increases at NSK and NTN plants in the Community as constituting less than substantial increases in terms of Article 13 (10) (a) of Regulation (EEC) No 2423/88.  D. Parts  (8) It was requested by both companies that the costs of production of certain items incured by them in the Community be included in the value of Community parts. Where such items constituted parts or materials within the meaning of Article 13 (10) (a) of Regulation (EEC) No 2423/88 and where such parts had acquired Community origin in conformity with Council Regulation (EEC) No 802/68 (1) the inclusion of such costs in the value of non-Japanese parts was considered appropriate.  (9) The value of the remaining parts in question was generally determined on the basis of the companies purchase prices of these parts when delivered to the factories in the Community. The relevant value is that of the parts and materials as they are used in the assembly operations, that is on an into-factory basis.  (10) On this basis, the weighted average value during the investigation period of parts of Japanese origin for all ball bearings assembled or produced in the Community by both NSK and NTN was less than 60 % of the total parts value.  E. Termination of the investigation  (11) In these circumstances, therefore, the proceedings should be terminated without the extension of the anti-dumping duty, imposed on ball bearings originating in Japan by Regulations (EEC) No 2089/84 and (EEC) No 1739/85, to the ball bearings assembled in the Community.  (12) No objections to this course were raised in the Advisory Committee.  (13) The complainant was informed of the facts on the basis of which the Commission intended to terminate the proceedings and did not comment,  HAS DECIDED AS FOLLOWS:  Sole Article  The proceedings under Article 13 (10) of Regulation (EEC) No 2423/88 concerning single row deep groove radial ball bearings with a greatest external diameter not exceeding 30 mm, ball bearings with a greatest external diameter of more than 30 mm and tapered roller bearings corresponding to CN codes 8482 10 10, 8482 10 90 and 8482 20 00 is hereby terminated.  Done at Brussels, 20 January 1989.  For the Commission  Frans ANDRIESSEN  Vice-President  (1) OJ No L 209, 2. 8. 1988, p. 1.  (2) OJ No C 188, 14. 7. 1983, p. 8.  (3) OJ No C 101, 13. 4. 1984, p. 11.  (4) OJ No L 193, 21. 7. 1984, p. 1.  (5) OJ No L 167, 27. 6. 1985, p. 3.  (6) OJ No L 201, 30. 7. 1984, p. 1.  (7) OJ No C 150, 8. 6. 1988, p. 4.  (1) OJ No L 148, 28. 6. 1968, p. 1.


Avis juridique important

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32002D0683

2002/683/EC: Commission Decision of 29 July 2002 accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of colour television receivers originating in Malaysia, the People's Republic of China, the Republic of Korea, Singapore and Thailand (notified under document number C(2002) 2835)

Official Journal L 231 , 29/08/2002 P. 0042 - 0043

Commission Decisionof 29 July 2002accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of colour television receivers originating in Malaysia, the People's Republic of China, the Republic of Korea, Singapore and Thailand(notified under document number C(2002) 2835)(2002/683/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1), as last amended by Regulation (EC) No 2238/2000(2), and in particular Articles 8 and 9 thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE(1) The Commission, following the publication in the Official Journal of the European Communities(3) of a notice of initiation of an expiry and an interim review pursuant to Article 11(2) and (3) of Regulation (EC) No 384/96 (the Basic Regulation), started a review investigation of the anti-dumping measures imposed by Council Regulation (EC) No 710/95(4), as last amended by Regulation (EC) No 2584/98(5), on imports of colour television receivers (CTVs) originating in Malaysia, the People's Republic of China, the Republic of Korea, Singapore and Thailand.(2) The definitive findings and conclusions of the investigation are set out in Council Regulation (EC) No 1531/2002(6), imposing definitive anti-dumping duties on imports of CTVs originating in Malaysia, the People's Republic of China, the Republic of Korea and Thailand, and terminating the proceeding concerning the imports of CTVs originating in Singapore.B. UNDERTAKING(3) Subsequent to the disclosure to the interested parties of the essential facts and considerations on the basis of which definitive measures should be maintained on imports of CTVs originating in the People's Republic of China, the China Chamber of Commerce for Import and Export of Machinery and Electronics Products (CCCME) and seven Chinese companies offered a joint undertaking, implying that a breach by any of the Companies or the CCCME shall be considered as a breach of the undertaking by all Signatories. The undertaking offer was supported by the Chinese authorities.(4) According to this undertaking the exporters/producers in question have offered to sell the product concerned directly from the PRC (excluding any independent customs territory) to unrelated customers in the Community at minimum prices. In addition, this undertaking provides for quantitative ceilings in defined periods for sales to the Community of the product concerned. When the relevant ceilings are reached, the anti-dumping duty in force would be levied.(5) The Commission considers that the undertaking offered by the CCCME and the Chinese companies concerned can be accepted since it eliminates the injurious effects of dumping. Moreover, the regular and detailed reports which the CCCME undertook to provide to the Commission, will allow effective monitoring of the terms of the undertakings. Under the circumstances, it is considered that the risk of circumvention will be limited.(6) When the request for release for free circulation is presented to the relevant customs authority, exemption from the anti-dumping duty should be conditional, pursuant to the undertaking, upon presentation of a commercial invoice containing the information listed in Annex I to Council Regulation (EC) No 1531/2002 and of a certificate issued by the CCCME containing the elements listed in Annex II of the said Regulation.(7) These documents are necessary for customs to ascertain with sufficient precision that shipments correspond to the commercial documents. Where no such invoice and certificate are presented, or where they do not correspond to the product presented to customs, the appropriate rate of anti-dumping duty established in the abovementioned Regulation should instead be payable.(8) In the event of a breach, suspected breach, or withdrawal of the undertaking an anti-dumping duty may be imposed, pursuant to Article 8(9) and (10) of the Basic Regulation,HAS ADOPTED THIS DECISION:Article 1In the framework of the anti-dumping proceeding concerning imports of colour television receivers originating in Malaysia, the People's Republic of China, the Republic of Korea, Thailand and Singapore, the joint undertaking offered in conjunction with the China Chamber of Commerce for Import and Export of Machinery and Electronics Products by the following companies:(i) Haier Electrical Appliances Corp., Ltd, 1, Haier Road, Haier Industrial Park, Qingdao, China - TARIC additional code A291;(ii) Hisense Import &  Export Co., Ltd, 11 Jiangxi Road, Qingdao 266071, China - TARIC additional code A292;(iii) Konka Group Co., Ltd, Overseas Chinese Town, Shenzhen, Guangdong Province, China - TARIC additional code A293;(iv) Sichuan Changhong Electric Co., Ltd, 35 East Mianxing Road, High-Tech Park, Mianyang, Sichuan, China - TARIC additional code A294;(v) Skyworth Multimedia International (Shenzhen) Co., Ltd, 4F, 425 Ba Gua Ling Ind. District Shenzen, China - TARIC additional code A295;(vi) TCL King Electrical Appliances (Hui Zhou) Co., Ltd, 19, ZhongKai Development Zone Huizhou, Guangdong, China - TARIC additional code A296;(vii) Xiamen Overseas Chinese Electronic Co., Ltd, 22 Huli Dadao, Xiamen SEZ, Fujian Province, China - TARIC additional code A297,is hereby accepted.Article 2This Decision shall take effect on the day following that of its publication in the Official Journal of the European Communities.Done at Brussels, 29 July 2002.For the CommissionPascal LamyMember of the Commission(1) OJ L 56, 6.3.1996, p. 1.(2) OJ L 257, 11.10.2000, p. 2.(3) OJ C 94, 1.4.2000, p. 2.(4) OJ L 73, 1.4.1995, p. 3.(5) OJ L 324, 2.12.1998, p. 1.(6) See page 1 of this Official Journal.


Avis juridique important

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41987D0490

87/490/Euratom, ECSC, EEC: Decision of the Representatives of the Governments of the Member States of the European Communities, of 22 September 1987, appointing a Member of the Commission of the European Communities

Official Journal L 279 , 02/10/1987 P. 0026 - 0026

***** //  //  OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES  of 22 September 1987  appointing a Member of the Commission of the European Communities  (87/490/Euratom, ECSC, EEC)  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE  EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities, and in particular Article 11 and the second subparagraph of Article 12 thereof,  Whereas Mr Alois Pfeiffer, who died on 1 August 1987, was appointed Member of the Commission by Decision of the Representatives of the Governments of the Member States of 4 December 1984 for the period 6 January 1985 to 5 January 1989 (1);  Whereas it is appropriate that a successor be appointed for the remainder of Mr Pfeiffer's term of office,  HAVE DECIDED AS FOLLOWS:  Sole Article  Mr Peter M. Schmidhuber is hereby appointed Member of the Commission of the European Communities until 5 January 1989 inclusive.  Done at Brussels, 22 September 1987.  The President  J.E. LARSEN  (1) OJ No L 341, 29. 12. 1984, p. 86.


title: Council Decision (CFSP) 2015/2052 of 16 November 2015 extending the mandate of the European Union Special Representative in Kosovo

text:
               17.11.2015

               EN

               Official Journal of the European Union

               L 300/22

         COUNCIL DECISION (CFSP) 2015/2052
   of 16 November 2015
   extending the mandate of the European Union Special Representative in Kosovo (1)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 33 and Article 31(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 25 January 2012, the Council adopted Decision 2012/39/CFSP (2) appointing Mr Samuel ŽBOGAR as the European Union Special Representative (EUSR) in Kosovo. The mandate of the EUSR was last amended by Council Decision 2014/400/CFSP (3). The mandate of the EUSR is to expire on 31 October 2015.

               (2)

               The mandate of the EUSR should be extended for a further period of 16 months.

               (3)

               The EUSR will implement the 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 on European Union.

               (4)

               Any possible alterations to the tasks and objectives of the European Union Rule of Law Mission in Kosovo (EULEX KOSOVO) having an impact on the tasks and objectives of the EUSR should be considered, in relation to the EUSR's mandate, as appropriate in due course,

         HAS ADOPTED THIS DECISION:
   Article 1
   European Union Special Representative
   The mandate of Mr Samuel ŽBOGAR as the European Union Special Representative (EUSR) in Kosovo is hereby extended until 28 February 2017. The Council may decide that the mandate of the EUSR be terminated earlier, based on an assessment by the Political and Security Committee (PSC) and a proposal from the High Representative of the Union for Foreign Affairs and Security Policy (HR).
   Article 2
   Policy objectives
   The mandate of the EUSR shall be based on the policy objectives of the Union in Kosovo. These include playing a leading role in promoting a stable, viable, peaceful, democratic and multi-ethnic Kosovo; strengthening stability in the region and contributing to regional cooperation and good neighbourly relations in the Western Balkans; promoting a Kosovo that is committed to the rule of law and to the protection of minorities and of cultural and religious heritage; supporting Kosovo's European perspective and rapprochement with the Union in line with the perspective of the region and in accordance with the Stabilisation and Association Agreement and the Council Decision on its signing, and in line with the relevant Council Conclusions.
   Article 3
   Mandate
   In order to achieve the policy objectives, the mandate of the EUSR shall be to:

               (a)

               offer the Union's advice and support in the political process;

               (b)

               promote overall Union political coordination in Kosovo;

               (c)

               strengthen the presence of the Union in Kosovo and ensure its coherence and effectiveness;

               (d)

               provide local political guidance to the Head of EULEX KOSOVO, including on the political aspects of issues relating to executive responsibilities;

               (e)

               ensure consistency and coherence of Union action in Kosovo, including in guiding locally the EULEX transition;

               (f)

               support Kosovo's European perspective and rapprochement with the Union in line with the perspective of the region and in accordance with the Stabilisation and Association Agreement and the Council Decision on its signing, and in line with the relevant Council Conclusions, through targeted public communication and Union outreach activities designed to ensure a broader understanding and support from the Kosovo public on issues related to the Union, including the work of EULEX;

               (g)

               monitor, assist and facilitate progress on political, economic and European priorities, in line with respective institutional competencies and responsibilities;

               (h)

               contribute to the development and consolidation of respect for human rights and fundamental freedoms in Kosovo, including with regard to women and children and protection of minorities, in accordance with the Union's human rights policy and Union Guidelines on Human Rights;

               (i)

               assist in the implementation of the Belgrade-Pristina dialogue facilitated by the Union.

         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 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 powers of the HR.
   3.   The EUSR shall work in close coordination with the European External Action Service (EEAS) and its relevant departments.
   Article 5
   Financing
   1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR during the period from 1 November 2015 to 28 February 2017 shall be EUR 3 135 000.
   2.   The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union. Participation of natural and legal persons in the award of procurement contracts by the EUSR shall be open without limitations. Furthermore, no rule of origin for the goods purchased by the EUSR shall apply.
   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.   A dedicated staff shall be assigned to assist the EUSR to implement the mandate and to contribute to the coherence, visibility and effectiveness of Union action in Kosovo overall. Within the limits of the mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting the team. The team shall include the expertise on specific policy 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 such seconded personnel shall be covered by the Member State, the institution of the Union concerned or the EEAS, respectively. Experts seconded by Member States to the institutions of the Union or the EEAS may also be posted to work with 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.
   Article 7
   Privileges and immunities of the EUSR and of 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 the EUSR's staff shall be agreed with the host parties, as appropriate. Member States and the EEAS shall grant all necessary support to such effect.
   Article 8
   Security of EU classified information
   1.   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 (4).
   2.   The HR shall be authorised to release to NATO/KFOR EU classified information and documents up to the level ‘CONFIDENTIEL UE/EU CONFIDENTIAL’ generated for the purposes of the action, in accordance with the security rules for protecting EU classified information.
   3.   The HR shall be authorised to release to the United Nations (UN) and the Organisation for Security and Cooperation in Europe (OSCE), in accordance with the operational needs of the EUSR, EU classified information and documents up to the level ‘RESTREINT UE/EU RESTRICTED’ which are generated for the purposes of the action, in accordance with the security rules for protecting EU classified information. Local arrangements shall be drawn up for that purpose.
   4.   The HR shall be authorised to release to third parties associated with this Decision EU non-classified documents related to the deliberations of the Council with regard to the action covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council's Rules of Procedure (5).
   Article 9
   Access to information and logistical support
   1.   Member States, the Commission and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
   2.   The Union delegation 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 accordance with the EUSR's mandate and the security situation in the area of responsibility, for the security of all personnel under the direct authority of the EUSR, 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 area of responsibility, as well as the 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 area of responsibility;

               (c)

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

               (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 and mandate implementation reports.

         Article 11
   Reporting
   The EUSR shall regularly provide the HR and the PSC with reports. The EUSR shall also report to Council working parties, as necessary. Regular reports shall be circulated through the COREU network. The EUSR may also 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.
   Article 12
   Coordination
   1.   The EUSR shall contribute to the unity, consistency and effectiveness of the Union's action and shall help ensure that all Union instruments and Member States' actions are engaged consistently, to attain the Union's policy objectives. The activities of the EUSR shall be coordinated with those of the Commission, as well as those of other EUSRs active in the region, as appropriate. The EUSR shall provide regular briefings to Member States' missions and Union delegations.
   2.   In the field, close liaison shall be maintained with the Member States' Heads of Mission and the Heads of Union delegations in the region. They shall make every effort to assist the EUSR in the implementation of the mandate. The EUSR shall provide local political guidance to the Head of EULEX KOSOVO, including on the political aspects of issues relating to executive responsibilities. The EUSR and the Civilian Operations Commander shall consult each other as required.
   3.   The EUSR shall also liaise with relevant local bodies and other international and regional actors in the field.
   4.   The EUSR, with other Union actors present in the field, shall ensure the dissemination and sharing of information among Union actors in theatre with a view to achieving a high degree of common situation awareness and assessment.
   Article 13
   Assistance in relation to claims
   The EUSR and the EUSR's staff shall assist in providing elements to respond to any claims and obligations arising from the mandates of the previous EUSRs in Kosovo, and shall provide administrative assistance and access to relevant files for such purposes.
   Article 14
   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 the end of June 2016 and a comprehensive mandate implementation report by the end of November 2016.
   Article 15
   Entry into force
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 1 November 2015.

      Done at Brussels, 16 November 2015.

            For the Council

            The President

         F. MOGHERINI

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

      (2)  Council Decision 2012/39/CFSP of 25 January 2012 appointing the European Union Special Representative in Kosovo (OJ L 23, 26.1.2012, p. 5).

      (3)  Council Decision 2014/400/CFSP of 26 June 2014 extending the mandate of the European Union Special Representative in Kosovo (OJ L 188, 27.6.2014, p. 68).

      (4)  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).

      (5)  Council Decision 2009/937/EU of 1 December 2009 adopting the Council's Rules of Procedure (OJ L 325, 11.12.2009, p. 35).


title: 2006/456/EC: Council Decision of  26 April 2004  on the signing and provisional application of a Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union

text:
               6.7.2006

               EN

               Official Journal of the European Union

               L 185/16

         COUNCIL DECISION
   of 26 April 2004
   on the signing and provisional application of a Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union
   (2006/456/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 44(2), the last sentence of Article 47(2), and Articles 55, 57(2), 71, 80(2), 93, 94, 133 and 181a, in conjunction with Article 300(2) first subparagraph, first sentence, thereof,
   Having regard to the Treaty of Accession of 16 April 2003, and in particular Article 2(3) thereof,
   Having regard to the Act annexed to the Treaty of Accession, and in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On 8 December 2003, the Council authorised the Commission, on behalf of the Community and its Member States, to negotiate with the Russian Federation a Protocol to the Partnership and Cooperation Agreement to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union, and to provide for certain technical adjustments linked to the institutional and legal developments within the European Union.

               (2)

               Subject to its possible conclusion at a later date, the Protocol has been negotiated between the parties and should now be signed on behalf of the European Community and its Member States.

               (3)

               The Protocol should be applied on a provisional basis as from the date of accession, pending completion of the relevant procedures for its formal conclusion,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the European Community and its Member States, the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic, subject to possible conclusion at a later stage.
   The text of the Protocol is attached to this Decision (1).
   Article 2
   Pending its entry into force, the Protocol shall be applied on a provisional basis from the date of accession.

      Done at Brussels, 26 April 2004.

            For the Council

            The President

         B. COWEN

      (1)  See page 17 of this Official Journal
    ---documentbreak---

               6.7.2006

               EN

               Official Journal of the European Union

               L 185/17

         PROTOCOL
   to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union
   THE KINGDOM OF BELGIUM,
   THE CZECH REPUBLIC,
   THE KINGDOM OF DENMARK,
   THE FEDERAL REPUBLIC OF GERMANY,
   THE REPUBLIC OF ESTONIA,
   THE HELLENIC REPUBLIC,
   THE KINGDOM OF SPAIN,
   THE FRENCH REPUBLIC,
   IRELAND,
   THE ITALIAN REPUBLIC,
   THE REPUBLIC OF CYPRUS,
   THE REPUBLIC OF LATVIA,
   THE REPUBLIC OF LITHUANIA,
   THE GRAND DUCHY OF LUXEMBOURG,
   THE REPUBLIC OF HUNGARY,
   THE REPUBLIC OF MALTA,
   THE KINGDOM OF THE NETHERLANDS,
   THE REPUBLIC OF AUSTRIA,
   THE REPUBLIC OF POLAND,
   THE PORTUGUESE REPUBLIC,
   THE REPUBLIC OF SLOVENIA,
   THE SLOVAK REPUBLIC,
   THE REPUBLIC OF FINLAND,
   THE KINGDOM OF SWEDEN,
   THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
   hereinafter referred to as the ‘Member States’ represented by the Council of the European Union, and
   THE EUROPEAN COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY,
   hereinafter referred to as ‘the Communities’ represented by the Council of the European Union and the European Commission,
   of the one part, and
   THE RUSSIAN FEDERATION
   of the other part,
   HAVING REGARD TO the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union on 1 May 2004,
   HAVE AGREED AS FOLLOWS:
   Article 1
   The Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia shall be Parties to the Partnership and Cooperation Agreement, establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, signed at Corfu on 24 June 1994 (hereinafter the Agreement) and shall respectively adopt and take note, in the same manner, as the other Member States of the Community, of the texts of the Agreement, as well as of the Joint Declarations, Exchanges of Letters, and Declaration by the Russian Federation annexed to the Final Act signed on the same date and the Protocol to the Agreement of 21 May 1997 that entered into force on 12 October 2000.
   Article 2
   To take into account recent institutional developments within the European Union, the Parties agree that following the expiry of the Treaty establishing the European Coal and Steel Community, existing provisions in the Agreement referring to the European Coal and Steel Community shall be deemed to refer to the European Community which has taken over all rights and obligations contracted by the European Coal and Steel Community.
   Article 3
   This Protocol shall form an integral part of the Agreement.
   Article 4
   1.   This Protocol shall be approved by the Communities, by the Council of the European Union on behalf of the Member States, and by the Russian Federation in accordance with their own procedures.
   2.   The Parties shall notify each other of the accomplishment of the corresponding procedures referred to in the preceding paragraph. The instruments of approval shall be deposited with the General Secretariat of the Council of the European Union.
   Article 5
   1.   This Protocol shall enter into force on 1 May 2004 provided that all the instruments of approval of this Protocol have been deposited before that date.
   2.   If not all the instruments of approval of this Protocol have been deposited before that date, this Protocol shall enter into force on the first day of the first month following the date of the deposit of the last instrument of approval.
   3.   If not all the instruments of approval of this Protocol have been deposited before 1 May 2004, this Protocol shall apply provisionally with effect from 1 May 2004.
   Article 6
   The texts of the Agreement, the Final Act and all documents annexed to it as well as the Protocol to the Partnership and Cooperation Agreement of 21 May 1997 are drawn up in the Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovene and Slovak languages.
   They are annexed to this Protocol (1) and are equally authentic with the texts in the other languages in which the Agreement, the Final Act and the documents annexed to it as well as the Protocol to the Partnership and Cooperation Agreement of 21 May 1997 are drawn up.
   Article 7
   This Protocol is drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovene, Slovak, Spanish, Swedish and Russian languages, each of these texts being equally authentic.

      Hecho en Luxemburgo, el veintisiete de abril de dos mil cuatro.
      V Lucemburku dne dvacátého sedmého dubna dva tisíce čtyři.
      Udfærdiget i Luxembourg den syvogtyvende april to tusind og fire.
      Geschehen zu Luxemburg am siebenundzwanzigsten April zweitausendundvier.
      Kahe tuhande neljanda aasta kahekümne seitsmendal aprillil Luxembourgis.
      Έγινε στo Λουξεμβούργο, στις είκοσι επτά Απριλίου δύο χιλιάδες τέσσερα.
      Done at Luxembourg on the twenty‐seventh day of April in the year two thousand and four.
      Fait à Luxembourg, le vingt‐sept avril deux mille quatre.
      Fatto a Lussemburgo, addì ventisette aprile duemilaquattro.
      Luksemburgā, divi tūkstoši ceturtā gada divdesmit septītajā aprīlī.
      Priimta du tūkstančiai ketvirtų metų balandžio dvidešimt septintą dieną Liuksemburge.
      Kelt Luxembourgban, a kétezer-negyedik év április havának huszonhetedik napján.
      Magħmul fil-Lussemburgu fis-sebgħa u għoxrin jum ta' April tas-sena elfejn u erbgħa.
      Gedaan te Luxemburg, de zevenentwintigste april tweeduizend vier.
      Sporządzono w Luksemburgu, dnia dwudziestego siódmego kwietnia roku dwa tysiące czwartego.
      Feito no Luxemburgo, em vinte e sete de Abril de dois mil e quatro.
      V Luxemburgu dvadsiateho siedmeho apríla dvetisícštyri.
      V Luxembourgu, dne sedemindvajsetega aprila leta dva tisoč štiri.
      Tehty Luxemburgissa kahdentenakymmenentenäseitsemäntenä päivänä huhtikuuta vuonna kaksituhattaneljä.
      Som skedde i Luxemburg den tjugosjunde april tjugohundrafyra.
      Совершенно в Люксембурге двацати седьмого апреля 2004 г.

         Por los Estados miembros
         Za členské státy
         For medlemsstaterne
         Für die Mitgliedstaaten
         Liikmesriikide nimel
         Για τα κράτη μέλη
         For the Member States
         Pour les États membres
         Per gli Stati membri
         Dalībvalstu vārdā
         Valstybių narių vardu
         A tagállamok részéről
         Għall-Istati Membri
         Voor de lidstaten
         W imieniu Państw Członkowskich
         Pelos Estados-Membros
         Za členské štáty
         Za države članice
         Jäsenvaltioiden puolesta
         På medlemsstaternas vägnar
         Аъзо Давлатлар Номидан

         Por las Comunidades Europeas
         Za Evropská společenství
         For De Europæiske Fællesskaber
         Für die Europäischen Gemeinschaften
         Euroopa ühenduste nimel
         Για τις Ευρωπαϊκές Κοινότητες
         For the European Communities
         Pour les Communautés européennes
         Per le Comunità europee
         Eiropas Kopienu vārdā
         Europos Bendrijų vardu
         Az Európai Közösségek részéről
         Għall-Komunitajiet Ewropej
         Voor de Europese Gemeenschappen
         W imieniu Wspólnot Europejskich
         Pelas Comunidades Europeias
         Za Európske spoločenstvá
         Za Evropske skupnosti
         Euroopan yhteisöjen puolesta
         På europeiska gemenskapernas vägnar
         Европа Xамжамиятлари Номидан

         Por la Federación de Rusia
         Za Ruskou federaci
         For Den Russiske Føderation
         Für die Russische Föderation
         Venemaa Föderatsiooni nimel
         Για τη Ρωσική Ομοσπονδία
         For the Russian Federation
         Pour la Fédération de Russie
         Per la Federazione russa
         Krievijas Federācijas vārdā
         Rusijos Federacijos vardu
         Az Orosz Föderáció részéről
         Għall-Federazzjoni Russa
         Voor de Russische Federatie
         W imieniu Federacji Rosyjskiej
         Pela Federação da Rússia
         Za Ruskú federáciu
         Za Rusko federacijo
         Venäjän federaation puolesta
         På ryska federationen vägnar
         Ўзбекистон Республикаси Номидан

      (1)  The Czech, Estonian, Latvian, Lithuanian, Hungarian, Maltese, Polish, Slovak and Slovenian versions of the Agreement shall be published in a special edition of the Official Journal at a later date.


Avis juridique important

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31976D0569

76/569/EEC: Council Decision of 29 June 1976 on the allocation of two million units of account to the French overseas territories pursuant to Article 10 of the Internal Agreement on the Financing and Administration of Community Aid of 11 July 1975

Official Journal L 176 , 01/07/1976 P. 0098 - 0098

COUNCIL DECISION  of 29 June 1976  on the allocation of two million units of account to the French overseas territories pursuant to Article 10 of the Internal Agreement on the Financing and Administration of Community Aid of 11 July 1975  (76/569/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the ACP-EEC Convention of Lomé, signed on 28 February 1975 (1),  Having regard to Council Decision 76/568/EEC of 29 June 1976 on the association of the overseas countries and territories with the European Economic Community (2),  Having regard to the Internal Agreement on the Financing and Administration of Community Aid, signed in Brussels on 11 July 1975, and in particular Article 10 (1) thereof,  Having regard to the proposal from the Commission,  Whereas the Council may decide unanimously to allocate to other operations, on the one hand, payments made to the European Investment Bank in respect of special loans granted to the ACP States, the countries and territories and the French overseas departments since 1 June 1964 and, on the other, the proceeds and income from risk capital operations undertaken since 1 February 1971 for the benefit of those States, countries, territories and departments,  HAS DECIDED AS FOLLOWS:    Article 1 The sum of two million units of account shall be allocated to financial aid for the French overseas territories from the net available funds as shown in the accounts opened in the books of the Bank in accordance with Article 49 (6) of the EDF Financial Regulation of 1 June 1964 and Article 63 of the EDF Financial Regulation of 26 January 1971.   Article 2 The funds referred to in Article 1 shall be paid by the Bank to the Commission, at its request, within the limits of the amounts actually available.     Done at Luxembourg, 29 June 1976.  For the Council  The President  G. THORN  (1)OJ No L 25, 30.1.1976, p. 1. (2)See page 8 of this Official Journal.