title: Council Decision 2013/88/CFSP of 18 February 2013 amending Decision 2010/800/CFSP concerning restrictive measures against the Democratic People's Republic of Korea

text:
               19.2.2013

               EN

               Official Journal of the European Union

               L 46/28

         COUNCIL DECISION 2013/88/CFSP
   of 18 February 2013
   amending Decision 2010/800/CFSP concerning restrictive measures against the Democratic People's Republic of Korea
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to Council Decision 2010/800/CFSP of 22 December 2010 concerning restrictive measures against the Democratic People's Republic of Korea (1), and in particular Articles 10(1) and 12(3) thereof,
   Whereas:

               (1)

               On 22 December 2010, the Council adopted Decision 2010/800/CFSP.

               (2)

               On 10 December 2012, the Council expressed its deep concern about the intent of the Democratic People's Republic of Korea (the "DPRK") to launch a "working satellite", as such a launch makes use of ballistic missile technology, representing another clear violation of the DPRK's international obligations as set out in particular under United Nations Security Council (UNSC) Resolution (UNSCR) 1695 (2006), UNSCR 1718 (2006) and UNSCR 1874 (2009), and directly contravening the international community's unified call not to conduct such launches.

               (3)

               On 22 January 2013, the UNSC adopted UNSCR 2087 (2013), condemning the DPRK's launch of 12 December 2012, which used ballistic missile technology and was in violation of UNSCR 1718 (2006) and UNSCR 1874 (2009).

               (4)

               On 12 February 2013, the DPRK carried out a nuclear test, in violation of its international obligations under UNSCR 1718 (2006), UNSCR 1874 (2009) and UNSCR 2087 (2013) and representing a serious threat to regional and international peace and security.

               (5)

               Paragraph 5(a) of UNSCR 2087 (2013) provides that additional persons and entities are to be subject to restrictive measures.

               (6)

               In addition, paragraph 5(b) of UNSCR 2087 (2013) establishes that the prohibition to supply, sell or transfer certain items, materials, equipment, goods and technology in accordance with paragraph 8(a)(ii) of UNSCR 1718 (2006) is also to apply to the items specified in paragraph 5(b) of UNSCR 2087 (2013).

               (7)

               Paragraph 8 of UNSCR 2087 (2013) clarifies certain methods for States to dispose of items seized consistent with provisions of UNSCR 1718 (2006) and UNSCR 1874 (2009) and in accordance with paragraph 14 of UNSCR 1874 (2009).

               (8)

               Paragraph 12 of UNSCR 2087 (2013) also calls on States to exercise vigilance and restraint regarding the entry into or transit through their territories of individuals working on behalf or at the direction of designated individuals or entities.

               (9)

               In line with paragraph 13 of UNSCR 2087 (2013), it is necessary to establish that no claims in connection with the performance of any contract or transaction affected by measures decided on pursuant to relevant UNSC resolutions or measures of the Union or any Member State in accordance with relevant decision of the UNSC or covered by this Decision, may be granted to designated persons or entities or any other person or entity in the DPRK.

               (10)

               In accordance with the Council's conclusions on the DPRK of 10 December 2012, it is appropriate to adopt additional restrictive measures.

               (11)

               An additional criterion for autonomous designation by the Union of persons and entities subject to restrictive measures should be included in Decision 2010/800/CFSP.

               (12)

               The sale, supply or transfer to the DPRK of certain other goods relevant to the DPRK's weapons of mass destruction-related programmes, in particular its ballistic-missile sector, should be prohibited, especially certain types of aluminium.

               (13)

               Furthermore, it should be clarified that where this decision provides for a prohibition on financial services, this includes the provision of insurance and re-insurance services.

               (14)

               Moreover, the sale, purchase, transportation or brokering of gold, precious metals and diamonds to, from or for the Government of the DPRK should be prohibited.

               (15)

               In addition, the delivery of newly printed or minted or unissued DPRK denominated banknotes and coinage to or for the benefit of the Central Bank of the DPRK should be prohibited.

               (16)

               The sale or purchase of DPRK public or public-guaranteed bonds should be prohibited.

               (17)

               Moreover, the opening of new branches, subsidiaries, or representative offices of DPRK banks in the territories of Member States, and the establishment of new joint ventures, or the taking of an ownership interest by the DPRK banks, including the Central Bank of DPRK, with banks within the jurisdiction of Member States, should be prohibited. Furthermore, Member States should take the appropriate measures to prohibit financial institutions within their territories or under their jurisdiction from opening representatives offices or subsidiaries in the DPRK.

               (18)

               Following a decision by the UNSC Committee established pursuant to UNSCR 1718 (2006), six entities should be removed from the lists set out in Annexes II and III to Decision 2010/800/CFSP and should be added to the list set out in Annex I to that Decision. It is also necessary to amend the entries for those entities.

               (19)

               Furthermore, in accordance with Article 12(3) of Decision 2010/800/CFSP, the Council has carried out a complete review of the list of other persons and entities set out in Annexes II and III to that Decision and has concluded that those persons and entities should continue to be subject to the appropriate restrictive measures provided for in that Decision.

               (20)

               Decision 2010/800/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2010/800/CFSP is hereby amended as follows:

               (1)

               Article 1 is hereby amended as follows:

                           (a)

                           in paragraph 1, point (b) is replaced by the following:

                                       "(b)

                                       all items, materials, equipment, goods and technology as determined by the Security Council or the Committee established pursuant to paragraph 12 of UNSCR 1718 (2006) (the ‧Sanctions Committee‧) in accordance with paragraph 8(a)(ii) of UNSCR 1718 (2006) and paragraph 5(b) of UNSCR 2087 (2013), which could contribute to the DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes;";

                           (b)

                           in paragraph 1, the following point is added:

                                       "(d)

                                       certain key components for the ballistic-missile sector, such as certain types of aluminum used in ballistic-missile related systems. The Union shall take the necessary measures in order to determine the relevant items to be covered by this provision.";

                           (c)

                           in paragraph 2, point (b) is replaced by the following:

                                       "(b)

                                       provide financing or financial assistance related to items and technology referred to in paragraph 1, including, in particular, grants, loans and export credit insurance, as well as insurance and reinsurance, for any sale, supply, transfer or export of these items and technology, or for the provision of related technical training, advice, services, assistance, or brokering services, directly or indirectly to any person, entity or body in, or for use in, the DPRK;".

               (2)

               The following articles are inserted:
               "Article 1a
               The direct or indirect sale, purchase, transportation or brokering of gold and precious metals, as well as of diamonds, to, from or for the Government of the DPRK, its public bodies, corporations and agencies, the Central Bank of the DPRK, as well as to, from or for persons and entities acting on their behalf or at their direction, or entities owned or controlled by them shall be prohibited.
               The Union shall take the necessary measures in order to determine the relevant items to be covered by this provision.
               Article 1b
               The delivery of newly printed or minted or unissued DPRK denominated banknotes and coinage to or for the benefit of the Central Bank of the DPRK shall be prohibited."
               "Article 2a
               The direct or indirect sale or purchase of, or brokering or assistance in the issuance of DPRK public or public-guaranteed bonds issued after the entry into force of this Decision to and from the Government of the DPRK, its public bodies, corporations and agencies, the Central Bank of the DPRK, or banks domiciled in the DPRK, or branches and subsidiaries within and outside the jurisdiction of Member States of banks domiciled in the DPRK, or financial entities that are neither domiciled in the DPRK nor within the jurisdiction of the Member States, but are controlled by persons and entities domiciled in the DPRK as well as any persons and entities acting on their behalf or at their direction, or entities owned or controlled by them, shall be prohibited.".

               (3)

               Article 4 is hereby amended as follows:

                           (a)

                           in paragraph 1, the following point is added:

                                       "(d)

                                       the persons not covered by Annex I, II or III who are involved in, including through the provision of financial services, the supply to or from the DPRK of arms and related material of all types, or of items, materials, equipment, goods and technology which could contribute to the DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes, to the DPRK, as listed in Annex IIIA.";

                           (b)

                           paragraph 7 is replaced by the following:
                           "7.   Member States may grant exemptions from the measures imposed in paragraph 1(b), (c) and (d) where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings, including those promoted by the Union, or hosted by a Member State holding the Chairmanship in office of the OSCE, where a political dialogue is conducted that directly promotes democracy, human rights and the rule of law in the DPRK.";

                           (c)

                           paragraph 9 is replaced by the following:
                           "9.   In cases where, pursuant to paragraphs 4, 5 and 7, a Member State authorises the entry into, or transit through, its territory of persons listed in Annex I, II, III or IIIA the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.";

                           (d)

                           the following paragraph is added:
                           "10.   Member States shall exercise vigilance and restraint regarding the entry into or transit through their territories of individuals working on behalf or at the direction of a designated individual or entity as listed in Annex I.".

               (4)

               In Article 5(1), the following point is added:

                           "(d)

                           the persons and entities not covered by Annex I, II or III that are involved in, including through the provision of financial services, the supply to or from the DPRK of arms and related material of all types, or of items, materials, equipment, goods and technology which could contribute to the DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes, to the DPRK, as listed in Annex IIIA.".

               (5)

               The following article is inserted:
               "Article 6a
               1.   The opening of new branches, subsidiaries, or representative offices of DPRK banks in the territories of Member States, and the establishment of new joint ventures, or the taking of an ownership interest by the DPRK banks, including the Central Bank of DPRK, its branches and subsidiaries and other financial entities referred to in Article 6, with banks in the jurisdiction of Member States, shall be prohibited.
               2.   Financial institutions within the territories of Member States or under their jurisdiction shall be prohibited from opening representative offices or subsidiaries in the DPRK.".

               (6)

               Article 7(5) is replaced by the following:
               "5.   In cases where inspection referred to in paragraphs 1 and 2 is undertaken, Member States shall seize and dispose of items whose supply, sale, transfer or export is prohibited under this Decision in accordance with paragraph 14 of UNSCR 1874 (2009) and paragraph 8 of UNSCR 2087 (2013).".

               (7)

               The following article is inserted:
               "Article 8a
               No claims, including for compensation or indemnification or any other claim of this kind, such as a claim of set-off, fines or a claim under a guarantee, claims for extension or payment of a bond, financial guarantee, including claims arising from letters of credit and similar instruments, in connection with any contract or transaction the performance of which was affected, directly or indirectly, wholly or in part, by reason of measures decided on pursuant to UNSCR 1718 (2006), UNSCR 1874 (2008) and UNSCR 2087 (2013), including measures of the Union or any Member State in accordance with, as required by or in any connection with, the implementation of the relevant decisions of the Security Council or measures covered by the this Decision, shall be granted to the designated persons or entities listed in Annexes I, II, III and IIIA, or any other person or entity in the DPRK, including the Government of the DPRK, its public bodies, corporations and agencies, or any person or entity claiming through or for the benefit of any such person or entity.".

               (8)

               Article 9(2) is replaced by the following:
               "2.   The Council, acting by unanimity on a proposal from Member States or the High Representative of the Union for Foreign Affairs and Security Policy, shall establish the lists in Annexes II, III and IIIA and adopt modifications thereto.".

               (9)

               Article 10(2) is replaced by the following:
               "2.   Where the Council decides to subject a person or entity to the measures referred to in Articles 4(1)(b), (c) and (d) and 5(1)(b), (c) and (d), it shall amend Annex II, III or IIIA accordingly.".

               (10)

               Article 11 is replaced by the following:
               "Article 11
               1.   Annexes I, II, III and IIIA shall include the grounds for listing of listed persons and entities, as provided by the Security Council or by the Sanctions Committee with regard to Annex I.
               2.   Annexes I, II, III and IIIA shall also include, where available, information necessary to identify the persons or entities concerned, as provided by the Security Council or by the Sanctions Committee for Annex I. With regard to persons, such information may include names including aliases, date and place of birth, nationality, passport and ID card numbers, gender, address, if known, and function or profession. With regard to entities, such information may include names, place and date of registration, registration number and place of business. Annex I shall also include the date of designation by the Security Council or by the Sanctions Committee.".

               (11)

               Article 12(3) is replaced by the following:
               "3.   The measures referred to in Articles 4(1)(b), (c) and (d) and 5(1)(b), (c) and (d) shall be reviewed at regular intervals and at least every 12 months. They shall cease to apply in respect of the persons and entities concerned if the Council determines, in accordance with the procedure referred to in Article 9(2), that the conditions for their application are no longer met.".

         Article 2
   The persons and entities listed in Annex I to this Decision shall be added to the lists set out in Annex I to Decision 2010/800/CFSP.
   Article 3
   The entities listed in Annex II to this Decision shall be deleted from the lists set out in Annexes II and III to Decision 2010/800/CFSP.
   Article 4
   Annex III to this Decision is added as Annex IIIA to Decision 2010/800/CFSP.
   Article 5
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 18 February 2013.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 341, 23.12.2010, p. 32.

      ANNEX I

         Persons and entities referred to in Article 2

      A.   List of persons referred to in Articles 4(1)(a) and 5(1)(a)

                  Name

                  Alias

                  Date of birth

                  Date of designation

                  Other information

                  1.

                  Paek Chang-Ho

                  Pak Chang-Ho;
                  Paek Ch'ang-Ho

                  D.O.B. 18 June 1964;
                  P.O.B. Kaesong, DPRK

                  22.1.2013

                  Senior official and head of the satellite control center of Korean Committee for Space Technology.
                  Passport: 381420754;
                  Passport Date of Issue: 7 December 2011;
                  Passport Date of Expiration: 7 December 2016.

                  2.

                  Chang Myong-Chin

                  Jang Myong-Jin

                  D.O.B. 1966;
                  Alt. D.O.B. 1965

                  22.1.2013

                  General Manager of the Sohae Satellite Launching Station and head of launch center at which the 13 April and 12 December 2012 launches took place.

                  3.

                  Ra Ky'ong-Su

                  22.1.2013

                  Ra Ky'ong-Su is a Tanchon Commercial Bank (TCB) official. In this capacity he has facilitated transactions for TCB. Tanchon was designated by the Committee in April 2009 as the main DPRK financial entity responsible for sales of conventional arms, ballistic missiles, and goods related to the assembly and manufacture of such weapons.

                  4.

                  Kim Kwang-il

                  22.1.2013

                  Kim Kwang-il is a Tanchon Commercial Bank (TCB) official. In this capacity, he has facilitated transactions for TCB and the Korea Mining Development Trading Corporation (KOMID). Tanchon was designated by the Committee in April 2009 as the main DPRK financial entity responsible for sales of conventional arms, ballistic missiles, and goods related to the assembly and manufacture of such weapons. KOMID was designated by the Committee in April 2009 and is the DPRK's primary arms dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons.

      B.   List of entities referred to in Article 5(1)(a)

                  Name

                  Alias

                  Location

                  Date of designation

                  Other information

                  1.

                  Korean Committee for Space Technology

                  DPRK Committee for Space Technology;
                  Department of Space Technology of the DPRK;
                  Committee for Space Technology;
                  KCST

                  Pyongyang, DPRK

                  22.1.2013

                  The Korean Committee for Space Technology (KCST) orchestrated the DPRK's launches on 13 April 2012 and 12 December 2012 via the satellite control center and Sohae launch area.

                  2.

                  Bank of East Land

                  Dongbang Bank;
                  Tongbang U'Nhaeng;
                  Tongbang Bank

                  P.O. Box 32, BEL Building, Jonseung-Dung, Moranbong District, Pyongyang, DPRK

                  22.1.2013

                  DPRK financial institution Bank of East Land facilitates weapons-related transactions for, and other support to, arms manufacturer and exporter Green Pine Associated Corporation (Green Pine). Bank of East Land has actively worked with Green Pine to transfer funds in a manner that circumvents sanctions. In 2007 and 2008, Bank of East Land facilitated transactions involving Green Pine and Iranian financial institutions, including Bank Melli and Bank Sepah. The Security Council designated Bank Sepah in resolution 1747 (2007) for providing support to Iran's ballistic missile program. Green Pine was designated by the Committee in April 2012.

                  3.

                  Korea Kumryong Trading Corporation

                  22.1.2013

                  Used as an alias by the Korea Mining Development Trading Corporation (KOMID) to carry out procurement activities. KOMID was designated by the Committee in April 2009 and is the DPRK's primary arms dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons.

                  4.

                  Tosong Technology Trading Corporation

                  Pyongyang, DPRK

                  22.1.2013

                  The Korea Mining Development Corporation (KOMID) is the parent company of Tosong Technology Trading Corporation. KOMID was designated by the Committee in April 2009 and is the DPRK's primary arms dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons.

                  5.

                  Korea Ryonha Machinery Joint Venture Corporation

                  Chosun Yunha Machinery Joint Operation Company;
                  Korea Ryenha Machinery J/V Corporation;
                  Ryonha Machinery Joint Venture Corporation

                  Central District, Pyongyang, DPRK;
                  Mangungdae-gu, Pyongyang, DPRK;
                  Mangyongdae District, Pyongyang, DPRK

                  22.1.2013

                  Korea Ryonbong General Corporation is the parent company of Korea Ryonha Machinery Joint Venture Corporation. Korea Ryonbong General Corporation was designated by the Committee in April 2009 and is a defence conglomerate specializing in acquisition for DPRK defence industries and support to that country's military-related sales.

                  6.

                  Leader (Hong Kong) International

                  Leader International Trading Limited

                  Room 1610 Nan Fung Tower, 173 Des Voeux Road, Hong Kong

                  22.1.2013

                  Facilitates shipments on behalf of the Korea Mining Development Trading Corporation (KOMID). KOMID was designated by the Committee in April 2009 and is the DPRK's primary arms dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons.

                  7.

                  Green Pine Associated Corporation

                  Cho'ngsong United Trading Company;
                  Chongsong Yonhap;
                  Ch'o'ngsong Yo'nhap;
                  Chosun Chawo'n Kaebal T'uja Hoesa;
                  Jindallae;
                  Ku'mhaeryong Company LTD;
                  Natural Resources Development and Investment Corporation;
                  Saeingp'il Company

                  c/o Reconnaissance General Bureau Headquarters, Hyongjesan-Guyok, Pyongyang, DPRK;
                  Nungrado, Pyongyang, DPRK

                  2.5.2012

                  Green Pine Associated Corporation ("Green Pine") has taken over many of the activities of the Korea Mining Development Trading Corporation (KOMID). KOMID was designated by the Committee in April 2009 and is the DPRK's primary arms dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons.
                  Green Pine is also responsible for approximately half of the arms and related materiel exported by the DPRK.
                  Green Pine has been identified for sanctions for exporting arms or related material from North Korea. Green Pine specializes in the production of maritime military craft and armaments, such as submarines, military boats and missile systems, and has exported torpedoes and technical assistance to Iranian defence-related firms.

                  8.

                  Amroggang Development Banking Corporation

                  Amroggang Development Bank;
                  Amnokkang Development Bank

                  Tongan-dong, Pyongyang, DPRK

                  2.5.2012

                  Amroggang, which was established in 2006, is a Tanchon Commercial Bank-related company managed by Tanchon officials. Tanchon plays a role in financing KOMID's sales of ballistic missiles and has also been involved in ballistic missile transactions from KOMID to Iran's Shahid Hemmat Industrial Group (SHIG). Tanchon Commercial Bank was designated by the Committee in April 2009 and is the main DPRK financialentity for sales of conventional arms, ballistic missiles and goods related to the assembly and manufacture of such weapons. KOMID was designated by the Committee in April 2009 and is the DPRK's primary arms dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons. The Security Council designated SHIG in resolution 1737 (2006) as an entity involved in Iran's ballistic missile programme.

                  9.

                  Korea Heungjin Trading Company

                  Hunjin Trading Co.;
                  Korea Henjin Trading Co.;
                  Korea Hengjin Trading Company

                  Pyongyang, DPRK

                  2.5.2012

                  The Korea Heungjin Trading Company is used by KOMID for trading purposes. It is suspected it has been involved in supplying missile-related goods to Iran's Shahid Hemmat Industrial Group (SHIG). Heungjin has been associated with KOMID, and, more specifically, KOMID's procurement office. Heungjin has been used to procure an advanced digital controller with applications in missile design. KOMID was designated by the Committee in April 2009 and is the DPRK's primary arms dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons. The Security Council designated SHIG in resolution 1737 (2006) as an entity involved in Iran's ballistic missile programme.

      ANNEX II

         Entities referred to in Article 3

                  1.

                  Green Pine Associated Corporation

                  2.

                  Korea Heungjin Trading Company

                  3.

                  Tosong Technology Trading Corporation

                  4.

                  Korea Ryonha Machinery Joint Venture Corporation

                  5.

                  Amroggang Development Banking Corporation

                  6.

                  Bank of East Land

      ANNEX III

            "ANNEX IIIA
            A.   List of persons referred to in Article 4(1)(d) and Article 5(1)(d)
            … .
            B.   List of entities referred to in Article 5(1)(d)
            … ."


               19.2.2016

               EN

               Official Journal of the European Union

               C 65/184

         P7_TA(2013)0250
   Numerical strength of the standing committees
   European Parliament decision of 12 June 2013 on the numerical strength of the standing committees (2013/2671(RSO))
   (2016/C 065/29)

      The European Parliament,

               —

               having regard to the proposal by the Conference of Presidents,

               —

               having regard to its decisions of 15 July 2009 (1), 14 December 2011 (2) and 18 January 2012 (3) on the numerical strength of the standing committees,

               —

               having regard to Rule 183 of its Rules of Procedure,

               1.

               Decides to amend the numerical strength of the standing committees as follows:

                           I.

                           Committee on Foreign Affairs: 79 members

                           II.

                           Committee on Development: 30 members

                           III.

                           Committee on International Trade: 31 members

                           IV.

                           Committee on Budgets: 45 members

                           V.

                           Committee on Budgetary Control: 31 members

                           VI.

                           Committee on Economic and Monetary Affairs: 50 members

                           VII.

                           Committee on Employment and Social Affairs: 50 members

                           VIII.

                           Committee on the Environment, Public Health and Food Safety: 71 members

                           IX.

                           Committee on Industry, Research and Energy: 61 members

                           X.

                           Committee on the Internal Market and Consumer Protection: 41 members

                           XI.

                           Committee on Transport and Tourism: 47 members

                           XII.

                           Committee on Regional Development: 50 members

                           XIII.

                           Committee on Agriculture and Rural Development: 44 members

                           XIV.

                           Committee on Fisheries: 25 members

                           XV.

                           Committee on Culture and Education: 31 members

                           XVI.

                           Committee on Legal Affairs: 25 members

                           XVII.

                           Committee on Civil Liberties, Justice and Home Affairs: 60 members

                           XVIII.

                           Committee on Constitutional Affairs: 26 members

                           XIX.

                           Committee on Women’s Rights and Gender Equality: 35 members

                           XX.

                           Committee on Petitions: 35 members;

               2.

               Decides that this decision will enter into force on 1 July 2013;

               3.

               Instructs its President to forward this decision to the Council and the Commission, for information.

      (1)  OJ C 224 E, 19.8.2010, p. 34.

      (2)  Texts adopted, P7_TA(2011)0570.

      (3)  Texts adopted, P7_TA(2012)0001.


title: 2012/105/EU: Council Decision of 14 December 2011 on the signing, on behalf of the Union, and provisional application of the Agreement in the form of an Exchange of Letters between the European Union and the Russian Federation relating to the administration of tariff-rate quotas applying to exports of wood from the Russian Federation to the European Union and the Protocol between the European Union and the Government of the Russian Federation on technical modalities pursuant to that Agreement

text:
                  29.2.2012

                  EN

                  Official Journal of the European Union

                  L 57/1

         COUNCIL DECISION
         of 14 December 2011
         on the signing, on behalf of the Union, and provisional application of the Agreement in the form of an Exchange of Letters between the European Union and the Russian Federation relating to the administration of tariff-rate quotas applying to exports of wood from the Russian Federation to the European Union and the Protocol between the European Union and the Government of the Russian Federation on technical modalities pursuant to that Agreement
         (2012/105/EU)
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4) in conjunction with Article 218(5) thereof,
         Having regard to the proposal from the European Commission,
         Whereas:

                     (1)

                     In view of the economic importance for the Union of imports of raw wood and the importance that the Russian Federation has for the Union as a supplier of raw wood, the Commission has negotiated with the Russian Federation commitments by the latter to reduce or eliminate its currently applied export duties, including for raw wood.

                     (2)

                     These commitments, which are to become part of the World Trade Organization (WTO) Schedule of Concessions of the Russian Federation upon its accession to the WTO, include tariff-rate quotas for the export of specified types of coniferous wood, a share of which has been allocated to exports to the Union.

                     (3)

                     In the context of the negotiations regarding the accession of the Russian Federation to the WTO, the Commission has negotiated, on behalf of the Union, an Agreement in the form of an Exchange of Letters between the European Union and the Russian Federation relating to the administration of tariff-rate quotas applying to exports of wood from the Russian Federation to the European Union (‘the Agreement’).

                     (4)

                     As foreseen in the Agreement, the Union and the Russian Federation have negotiated detailed technical modalities on the management of the tariff-rate quotas, which are contained in a Protocol on technical modalities pursuant to the Agreement (‘the Protocol’).

                     (5)

                     The Agreement and the Protocol should be signed.

                     (6)

                     In view of the need to ensure the implementation of the necessary management system for the tariff-rate quotas applying to exports of wood from the Russian Federation to the Union as from the date of accession of the Russian Federation to the WTO, the Agreement and the Protocol should be applied on a provisional basis from that date, pending the completion of the procedures for their conclusion.

                     (7)

                     In order to ensure uniform conditions for the implementation of the provisions of the Agreement and the Protocol regarding the management of the tariff-rate quotas applying to exports of wood from the Russian Federation to the Union, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (1).

                     (8)

                     The examination procedure should be used for the adoption of implementing acts regarding the management in the Union of tariff-rate quotas applying to exports of wood from the Russian Federation, given that those acts are acts relating to the common commercial policy and therefore fall under point (iv) of Article 2(2)(b) of Regulation (EU) No 182/2011,

               HAS ADOPTED THIS DECISION:

            Article 1
            The signing of the Agreement in the form of an Exchange of Letters between the European Union and the Russian Federation relating to the administration of tariff-rate quotas applying to exports of wood from the Russian Federation to the European Union, and of the Protocol between the European Union and the Government of the Russian Federation on technical modalities pursuant to that Agreement, is hereby authorised on behalf of the Union, subject to their conclusion.
            The texts of the Agreement and the Protocol are attached to this Decision.

            Article 2
            The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement and the Protocol on behalf of the Union.

            Article 3
            In accordance with the provisions of the Agreement and paragraph 3 of Article 26 of the Protocol, the Agreement and the Protocol shall be applied on a provisional basis as from the date of accession of the Russian Federation to the WTO, pending the completion of the procedures for the conclusion of the Agreement (2).

            Article 4
            The Commission shall adopt detailed rules on the method of allocation of quota authorisations pursuant to paragraph 2 of Article 5 of the Protocol, and any other provisions necessary for the management by the Union of the quantities of the tariff-rate quotas allocated to exports to the Union. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 5.

            Article 5

               1.   The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

               2.   Where reference is made to this Article, Article 5 of Regulation (EU) No 182/2011 shall apply.

            Article 6
            This Decision shall enter into force on the date of its adoption.

            Done at Geneva, 14 December 2011.

                  For the Council

                  The President

               M. NOGAJ

            (1)  OJ L 55, 28.2.2011, p. 13.

            (2)  The date from which the Agreement and the Protocol will be provisionally applied will be published in the Official Journal of the European Union by the General Secretariat of the Council.


title: Council Decision 2006/366/CFSP of  20 March 2006  concerning the conclusion of the Agreement between the European Union and the Government of Georgia on the status in Georgia of the European Union Special Representative for the South Caucasus and his/her support team

text:
               23.5.2006

               EN

               Official Journal of the European Union

               L 135/14

         COUNCIL DECISION 2006/366/CFSP
   of 20 March 2006
   concerning the conclusion of the Agreement between the European Union and the Government of Georgia on the status in Georgia of the European Union Special Representative for the South Caucasus and his/her support team
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 24 thereof,
   Having regard to the recommendation from the Presidency,
   Whereas:

               (1)

               Further to the decision to respond to the situation following the closure of the OSCE border monitoring mission in Georgia by strengthening the European Union Special Representative (EUSR) for the South Caucasus, the Council adopted, on 28 July 2005, Joint Action 2005/582/CFSP amending and extending the mandate of the European Union Special Representative for the South Caucasus (1).

               (2)

               Further to Council Decision of 3 October 2005 authorising the Presidency, assisted where necessary by the Secretary-General/High Representative, to open negotiations, the Presidency negotiated an agreement between the European Union and the Government of Georgia on the status in Georgia of the EUSR for the South Caucasus and his/her support team.

               (3)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Union and the Government of Georgia on the status in Georgia of the European Union Special Representative for the South Caucasus and his/her support team 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 is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Union.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.
   Article 4
   This Decision shall take effect on the day of its adoption.

      Done at Brussels, 20 March 2006.

            For the Council

            The President

         U. PLASSNIK

      (1)  OJ L 199, 29.7.2005, p. 92. Joint Action as amended by Joint Action 2006/121/CFSP (OJ L 49, 21.2.2006, p. 14).
    ---documentbreak---

               23.5.2006

               EN

               Official Journal of the European Union

               L 135/15

         AGREEMENT
   between the European Union and the Government of Georgia on the status in Georgia of the European Union Special Representative for the South Caucasus and his/her support team
   THE GOVERNMENT OF GEORGIA, hereinafter referred to as the ‘Host Party’,
   on the one hand, and
   THE EUROPEAN UNION, hereinafter referred to as the ‘EU’,
   on the other hand,
   Together hereinafter referred to as the ‘Parties’,
   TAKING INTO ACCOUNT:

               —

               Council Joint Action 2003/496/CFSP of 7 July 2003 concerning the appointment of the European Union Special Representative for the South Caucasus,

               —

               Council Joint Action 2003/872/CFSP of 8 December 2003 extending and amending the mandate of the European Union Special Representative for the South Caucasus,

               —

               Council Joint Action 2005/330/CFSP of 26 April 2005 amending the mandate of the European Union Special Representative for the South Caucasus,

               —

               Council Joint Action 2005/582/CFSP of 28 July 2005 amending and extending the mandate of the European Union Special Representative for the South Caucasus,

               —

               Letter of the HR/SG Javier Solana to the Prime-Minister of Georgia Zurab Noghaideli dated 6 July 2005 and his reply of 31 August 2005,

               —

               Council Joint Action 2006/121/CFSP of 20 February 2006 appointing the European Union Special Representative for the South Caucasus,

         HAVE AGREED ON THE FOLLOWING:
   Article 1
   General provisions
   1.   The European Union Special Representative (EUSR) and the members of his/her support team, including administrative and technical personnel and local personnel, shall respect the laws and regulations of the Host Party and shall refrain from any action or activity incompatible with the impartial and international nature of their duties or inconsistent with the provisions of this Agreement.
   2.   The EUSR shall regularly, and in a timely manner, inform the Government of the Host Party of the number, names, and nationalities of members of his/her support team, including administrative and technical personnel and local personnel, stationed in the territory of the Host Party, through the submission of a notification list to the Ministry of Foreign Affairs of the Host Party.
   Article 2
   Immunities and privileges of the EUSR and his/her support team
   The EUSR and the members of his/her support team other than administrative and technical personnel (including local personnel) employed by the EUSR shall be granted privileges and immunities equivalent to those enjoyed by diplomatic agents under the Vienna Convention on Diplomatic Relations dated 18 April 1961, hereinafter referred to as ‘the Vienna Convention’. Such privileges and immunities shall also be granted to the members of the family of the EUSR and the members of the families of members of his/her support team as referred to above.
   Article 3
   Status of the EUSR and his/her support team
   The EUSR and his/her support team shall be granted a status equivalent to that of a diplomatic mission under the Vienna Convention.
   Article 4
   Immunities and privileges of the administrative and technical personnel
   Administrative and technical personnel employed by the EUSR shall be granted privileges and immunities equivalent to those enjoyed by the administrative and technical personnel of a diplomatic mission under the Vienna Convention.
   Article 5
   Status of the local personnel
   The local personnel employed by the EUSR who are nationals of or permanently resident in the Host Party shall be granted a status equivalent to that enjoyed by locally employed personnel in diplomatic missions in the Host Party in accordance with the Vienna Convention.
   Article 6
   Security
   1.   The Government of the Host Party, through its own capabilities, shall assume full responsibility for the security of the personnel of the support team and to that end shall take all necessary measures, in consultation with the EUSR or his/her designated representative, for the protection, safety and security of the support team, also including, free of charge, activities relating to the emergency evacuation of the support team by all necessary means.
   2.   The authorities of the Host Party shall be responsible for ensuring at all times the personal, transport and lodging security of the support team when it is working outside of Tbilisi.
   3.   This security shall, where agreed with the EUSR or his/her designated representative and required by the prevailing security situation, include the provision of a sufficient number of armed and appropriately equipped personnel accompanying the support team on its movements, inter alia during rotary wing transport.
   Article 7
   Access to borders
   In the course of their duties, the EUSR and his/her support team shall have unimpeded access to the northern, eastern and southern borders of the Host Party.
   Article 8
   Entry into force and termination
   1.   This Agreement shall enter into force upon written notification by the Parties that the internal requirements for its entry into force have been complied with.
   2.   This Agreement may be amended on the basis of mutual written agreement between the Parties. Such amendments shall enter into force as laid down in paragraph 1.
   3.   This Agreement shall remain in force until the final departure of the EUSR and his/her support team.
   4.   This Agreement may be denounced by written notification to the other Party. Denunciation shall take effect 60 days after the other Party's receipt of the notification of denunciation.
   5.   Neither the termination nor the denunciation of this Agreement shall affect any rights or obligations arising from the execution of this Agreement before its termination or denunciation.

      Done at Brussels, on  in English.

         For the Government of Georgia

         For the European Union


Avis juridique important

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31995D0218

95/218/EC: Council Decision of 11 April 1995 appointing members and alternate members of the Committee of the Regions

Official Journal L 135 , 21/06/1995 P. 0015 - 0015

COUNCIL DECISION of 11 April 1995 appointing members and alternate members of the Committee of the Regions (95/218/EC) THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 198a thereof,Having regard to Council Decision 94/65/EC of 26 January 1994 appointing the members of the Committee of the Regions for the period 26 January 1994 to 25 January 1998 (1),Whereas a number of seats for members and alternate members of the Committee have become vacant following notification to the Council of the resignations of Mr Herminio Trigo Aguilar, Mr Jürgen Trittin, Ms Christiane Lieberknecht, Mr Karmelo Sáinz de la Maza, Ms Isabel de Haro Aramberri, Mr Frank Ebisch, Mr Klaus Letzgus and Mr Volker Gerisch,Having regard to the proposals by the German and Spanish Governments,HAS DECIDED AS FOLLOWS:Sole Article Mr Manuel Pérez Pérez is hereby appointed a member of the Committee of the Regions to replace Mr Herminio Trigo Aguilar for the remainder of the latter's term of office, which expires on 25 January 1998.Ms Christina Bührmann is hereby appointed a member of the Committee of the Regions to replace Mr Jürgen Trittin for the remainder of the latter's term of office, which expires on 25 January 1998.Mr Otto Kretschmer is hereby appointed a member of the Committee of the Regions to replace Ms Christiane Lieberknecht for the remainder of the latter's term of office, which expires on 25 January 1998.Mr José María Muñoa is hereby appointed an alternate member of the Committee of the Regions to replace Mr Karmelo Sáinz de la Maza for the remainder of the latter's term of office, which expires on 25 January 1998.Mr Luis Planas Puchades is hereby appointed an alternate member of the Committee of the Regions to replace Ms Isabel de Haro Aramberri for the remainder of the latter's term of office, which expires on 25 January 1998.Mr Helmut Holl is hereby appointed an alternate member of the Committee of the Regions to replace Mr Frank Ebisch for the remainder of the latter's term of office, which expires on 25 January 1998.Mr Rolf Eggert is hereby appointed an alternate member of the Committee of the Regions to replace Mr Klaus Letzgus for the remainder of the latter's term of office, which expires on 25 January 1998.Mr Volker Schemmel is hereby appointed an alternative member of the Committee of the Regions to replace Mr Volker Gerisch for the remainder of the latter's term of office, which expires on 25 January 1998.Done at Brussels, 11 April 1995.For the CouncilThe PresidentA. JUPPÉ(1) OJ No L 31, 4. 2. 1994, p. 29.


Important legal notice

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2006/568/EC: Commision Decision of 3 March 2006 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Chile concerning amendments to Appendix II of the Agreement on Trade in Spirit Drinks and Aromatised Drinks annexed to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part - Agreement in the form of an Exchange of Letters between the European Community and the Republic of Chile concerning amendments to Appendix II of the Agreement on Trade in Spirits Drinks and Aromatised Drinks annexed to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part

Official Journal L 231 , 24/08/2006 P. 0135 - 0138

		Commision Decisionof 3 March 2006on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Chile concerning amendments to Appendix II of the Agreement on Trade in Spirit Drinks and Aromatised Drinks annexed to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part(2006/568/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIESHaving regard to the Treaty establishing the European Community,Having regard to Council Decision 2005/269/EC of 28 February 2005 on the conclusion of an Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part [1], and in particular Article 3(2) thereof,Whereas:(1) Taking account of the conclusions of the second Joint Committee meeting of the Agreement on Trade in Wines and of the first Joint Committee meeting of the Agreement on Trade in Spirit Drinks and Aromatised Drinks of the EU-Chile Association Agreement of 13- 14 June 2005 both held in Madrid, it is necessary to amend Appendix II of the Agreement on Trade in Spirit Drinks and Aromatised Drinks annexed to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, in order to permit the use of certain Chilean trademarks that coincide with the Community geographical indications to be used on the Chilean internal market in limited quantities up to 31 January 2014, with effect from 24 April 2006.(2) The Community and the Republic of Chile have negotiated, in accordance with Article 16(2) of the abovementioned Agreement, an Agreement in the form of an Exchange of Letters to amend its Appendix II.(3) The Exchange of Letters should therefore be approved.(4) The measures provided for in this Decision are in accordance with the opinion of the Implementation Committee for Spirit Drinks,HAS DECIDED AS FOLLOWS:Article 1The Agreement in the form of an Exchange of Letters between the European Community and the Republic of Chile amending Appendix II of the Agreement on Trade in Spirit Drinks and Aromatised Drinks annexed to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2The Commissioner of Agriculture and Rural Development is hereby empowered to sign the Exchange of Letters in order to bind the Community.Done at Brussels, 3 March 2006.For the CommissionMariann Fischer BoelMember of the Commission[1] OJ L 84, 2.4.2005, p. 19.--------------------------------------------------Agreement in the form of an Exchange of Lettersbetween the European Community and the Republic of Chile concerning amendments to Appendix II of the Agreement on Trade in Spirits Drinks and Aromatised Drinks annexed to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other partLETTER No 1Letter from the European CommunityBrussels, 24 April 2006Sir,I have the honour to refer to meetings related to technical adaptations which have been held in accordance with Article 16(2) of the Agreement on Trade in Spirit Drinks and Aromatised Drinks annexed to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, of 18 November 2002, which provides that the Contracting Parties may, by mutual consent, amend appendices to this Agreement to take account of any amendments to the laws and regulations of the Parties.In these meetings it has been concluded that some Chilean trademarks that coincides with the Community geographical indications must be incorporated into Appendix II (List of trade marks referred to in Article 7).I have therefore the honour to propose that Appendix II to the Agreement on Trade in Spirit Drinks and Aromatised Drinks be replaced by the Appendix attached hereto, with effect as of today's date.I should be obliged if you would confirm that your Government is in agreement with the content of this letter.Please accept, Sir, the assurance of my highest consideration.On behalf of the European CommunityMariann Fischer BoelLETTER No 2Letter from ChileBrussels, 24 April 2006Madam,I have the honour to acknowledge receipt of your letter of today's date which reads as follows:"I have the honour to refer to meetings related to technical adaptations which have been held in accordance with Article 16(2) of the Agreement on Trade in Spirit Drinks and Aromatised Drinks annexed to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, of 18 November 2002, which provides that the Contracting Parties may, by mutual consent, amend appendices to this Agreement to take account of any amendments to the laws and regulations of the Parties.In these meetings it has been concluded that some Chilean trademarks that coincides with the Community geographical indications must be incorporated into Appendix II (List of trade marks referred to in Article 7).I have therefore the honour to propose that Appendix II to the Agreement on Trade in Spirit Drinks and Aromatised Drinks be replaced by the Appendix attached hereto, with effect as of today's date.I should be obliged if you would confirm that your Government is in agreement with the content of this letter."I have the honour to inform you that the Republic of Chile is in agreement with the content of this letter.Please accept, Madam, the assurance of my highest consideration.On behalf of the Republic of ChileOscar Alcamán Riffo--------------------------------------------------""APPENDIX IITRADE MARKS REFERRED TO IN ARTICLE 7A. List of trade marks referred to in Article 7(2)Cognac JuanicoCoña ColGran CoñacGrappa San RemoB. List of trade marks referred to in Article 7(2a) [1]Coñac MabilleCoñac Basin – PasquierCoñac Casino, CamarCoñac MendozaCoñac Cepa de Oro TraversoCoñac Black MontCoñac Lomas de BellavistaGran Coñac RucalbanCoñac JormusCoñac el Lagar de los LagosCoñac Tres PinosCoñac RiobarCoñac MiradorCoñac Tres Aguilas, Fray FranciscoCoñac Subercaseaux, 96, Blanc 96Coñac el GaiteroCoñac 103, Tres Palos CruzadosCoñac Quinta NormalCoñac MónacoCoñac Ponce de LeónCoñac AdasmeCoñac Monte GrandeCoñac Casa Dieguez, Saint Pierre du RoiCoñac D' CuzaCoñac TrianeroCalvados Quinta NormalArmagnac Quinta NormalGrapa MabilleGrapa CasinoGrapa IvrenGrapa Lomas de BellavistaGrapa RucalbanGrapa Valle del SurGrapa Tres PinosGrapa RiobarGrapa el GaiteroGrapa Sol Andino, UvitaGrapa Monte Grande"[1] The wines, spirit drinks and aromatised drinks referred to in Lists B of the Agreement on Trade in Wine and of the Agreement on Trade in Spirit Drinks and Aromatised Drinks annexed to the Association Agreement between the European Communities and the Republic of Chile shall not exceed the total quantity of 22000 hl per year."--------------------------------------------------


Avis juridique important

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31996D0749

96/749/JHA: Council Decision of 16 December 1996 on monitoring the implementation of instruments adopted by the Council concerning illegal immigration, readmission, the unlawful employment of third country nationals and cooperation in the implementation of expulsion orders

Official Journal L 342 , 31/12/1996 P. 0005 - 0005

COUNCIL DECISION of 16 December 1996 on monitoring the implementation of instruments adopted by the Council concerning illegal immigration, readmission, the unlawful employment of third country nationals and cooperation in the implementation of expulsion orders (96/749/JHA)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union and in particular Article K.3 (2) (a) thereof,Having regard to the priority work programme adopted by the Council on 30 November 1993 in Brussels, calling in particular for the preparation of an annual report on achievements in the field of justice and home affairs and to the Council resolution on 14 October 1996, laying down the priorities for cooperation in the field of justice and home affairs for the period from 1 July 1996 to 30 June 1998 (1).Whereas Article K.1 (3) (c) of the Treaty states that Member States shall regard the combating of unauthorized immigration, residence and work by nationals of third countries on the territory of Member States as a matter of common interest;Whereas monitoring the implementation by Member States of the instruments adopted by the Council in this area will reveal the practical effect of the Council's work in this matter and provide useful lessons for its future work,HAS DECIDED AS FOLLOWS:Article 1Preparation of a questionnaire Each year, the Presidency shall forward to the Member States a questionnaire designed to show how they have implemented the instruments adopted by the Council concerning illegal immigration, readmission, the unlawful employment of third country nationals and cooperation in the implementation of expulsion orders.Article 2Content of the questionnaire The questionnaire shall refer to the following matters:- provisions adopted during the preceding year by the Member States in any of the areas covered by the instruments referred to in Article 1,- any difficulties encountered in adopting such provisions,- the likelihood of provisions in the areas referred to in the first indent being adopted in the near future,- practical application of the aforementioned instruments and provisions.Article 3Evaluation of the replies A report shall be drawn up by the General Secretariat of the Council on the basis of the replies received from the Member States and shall be submitted to the Council.Article 4Implementation for the first time The first questionnaire shall be sent to the Member States no later than 30 June 1997 and shall cover the period since the entry into force of the Treaty on European Union.Done at Brussels, 16 December 1996.For the CouncilThe PresidentM. D. HIGGINS(1) OJ No C 319, 26. 10. 1996, p. 1.


Avis juridique important

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31996D0317

96/317/EC: Council Decision of 13 May 1996 concerning the conclusion of the results of consultations with Thailand under GATT Article XXIII

Official Journal L 122 , 22/05/1996 P. 0015 - 0015

COUNCIL DECISION of 13 May 1996 concerning the conclusion of the results of consultations with Thailand under GATT Article XXIII (96/317/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), first sentence thereof,Having regard to the proposal from the Commission,Whereas the Community has entered into consultations under GATT Article XXIII with Thailand on the Community's import regime for rice;Whereas the result of these consultations are contained in an agreement in the form of an exchange of letters;Whereas it is in the interest of the Community to approve this agreement,HAS DECIDED AS FOLLOWS:Article 1 The Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Thailand on consultations under GATT Article XXIII on rice is hereby approved on behalf of the Community.The text of the Agreement referred to in the first paragraph is attached to this Decision.Article 2 The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community.Article 3 The Commission shall adopt the detailed rules as regards the tariff rate quotas for broken rice and manioc starch in accordance with the procedure laid down in Article 23 of Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization of the market in cereals (1).Done at Brussels, 13 May 1996.For the CouncilThe PresidentS. AGNELLI(1) OJ No L 181, 1. 7. 1992, p. 21. Regulation as last amended by Regulation (EC) No 1863/95 (OJ No L 179, 29. 7. 1995, p. 1).


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31980D0318

80/318/Euratom: Council Decision of 13 March 1980 adopting a research and training programme (1979 to 1983) for the European Atomic Energy Community in the field of controlled thermonuclear fusion

Official Journal L 072 , 18/03/1980 P. 0018 - 0021 Greek special edition: Chapter 12 Volume 2 P. 0043

****( 1 ) OJ NO C 93 , 9 . 4 . 1979 , P . 69 .  ( 2 ) OJ NO C 171 , 9 . 7 . 1979 , P . 38 .  ( 3 ) OJ NO L 90 , 3 . 4 . 1976 , P . 12 .  ( 4 ) OJ NO L 151 , 7 . 6 . 1978 , P . 8 .  ( 1 ) OJ NO L 356 , 31 . 12 . 1977 , P . 1 .    COUNCIL DECISION   OF 13 MARCH 1980   ADOPTING A RESEARCH AND TRAINING PROGRAMME ( 1979 TO 1983 ) FOR THE EUROPEAN ATOMIC ENERGY COMMUNITY IN THE FIELD OF CONTROLLED THERMONUCLEAR FUSION  ( 80/318/EURATOM )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY , AND IN PARTICULAR ARTICLE 7 THEREOF ,   HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION SUBMITTED AFTER CONSULTATION WITH THE SCIENTIFIC AND TECHNICAL COMMITTEE ,   HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT  ( 1 ),   HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ),   WHEREAS IN ITS DECISION 76/345/EURATOM ( 3 ), AS AMENDED BY DECISION 78/470/EURATOM ( 4 ), THE COUNCIL ADOPTED A RESEARCH AND TRAINING PROGRAMME ( 1976 TO 1980 ) IN THE FIELD OF FUSION AND PLASMA PHYSICS ; WHEREAS ARTICLE 3 OF THAT DECISION PROVIDES THAT THE COMMISSION WILL SUBMIT TO THE COUNCIL IN 1978 A REVIEW PROPOSAL DESIGNED TO REPLACE THE 1976 TO 1980 PROGRAMME WITH A NEW FIVE-YEAR PROGRAMME ( 1979 TO 1983 ) WITH 1979 AND 1980 CONSTITUTING YEARS COMMON TO BOTH PROGRAMMES ; WHEREAS DECISIONS 76/345 / EURATOM AND 78/470/EURATOM SHOULD THEREFORE BE REPEALED ;   WHEREAS , AS A RESULT OF SUCH REPEAL , 44 MILLION EUROPEAN UNITS OF ACCOUNT ASSIGNED TO THE PRECEDING PROGRAMME , EXCLUSIVE OF JET , AND 86.40 MILLION EUROPEAN UNITS OF ACCOUNT ASSIGNED TO THE PRECEDING PROGRAMME FOR THE JET PROJECT WILL REMAIN AVAILABLE ; WHEREAS THESE AMOUNTS SHALL BE ASSIGNED TO THE NEW PROGRAMME ; WHEREAS SUCH A STEP MUST BE TAKEN INTO ACCOUNT IN DETERMINING THE UPPER LIMIT FOR EXPENDITURE COMMITMENTS NECESSARY FOR THE EXECUTION OF THE NEW PROGRAMME ;   WHEREAS , IN VIEW OF THE CONSIDERABLE EFFORTS NEEDED TO REACH THE APPLICATION STAGE OF CONTROLLED THERMO- NUCLEAR FUSION , WHICH COULD BE OF BENEFIT TO THE COMMUNITY , PARTICULARLY IN THE WIDER CONTEXT OF THE SECURITY OF ITS LONG-TERM ENERGY SUPPLIES , THE VARIOUS STAGES OF DEVELOPMENT OF THE WORK HITHERTO UNDERTAKEN IN THIS FIELD SHOULD CONTINUE ON A JOINT BASIS ;   WHEREAS THE SCIENTIFIC PROGRESS ACHIEVED IN THIS FIELD IN RECENT YEARS IN THE COMMUNITY AND THE REST OF THE WORLD ILLUSTRATES THE NEED , PARTICULARLY FOR TOKAMAK SYSTEMS , TO CONSTRUCT LARGER AND MORE COMPLEX DEVICES AND TO CONCENTRATE , IN PARTICULAR , ON THE DEVELOPMENT OF PLASMA HEATING TECHNIQUES AND THE STUDY OF CERTAIN TECHNOLOGICAL PROBLEMS WITH THE COLLABORATION OF THE JRC ;   WHEREAS IT IS NECESSARY TO EQUIP THE COMMUNITY WITH A LARGE TOKAMAK MACHINE ( JET : JOINT EUROPEAN TORUS );   WHEREAS THE RESEARCH PROPOSED BY THE COMMISSION CONSTITUTES AN APPROPRIATE MEANS OF PURSUING SUCH ACTION , AND IT IS CONSEQUENTLY IN THE COMMON INTEREST TO ADOPT A MULTIANNUAL PROGRAMME IN THE FIELD OF CONTROLLED THERMONUCLEAR FUSION , THE EXISTENCE OF WHICH IS MOREOVER A NECESSARY CONDITION FOR COMMUNITY PARTICIPATION IN STRENGTHENING WORLD COOPERATION IN THIS FIELD ;   WHEREAS IT IS IMPORTANT THAT THE COMMUNITY SHOULD CONTINUE TO ENCOURAGE BOTH THE CONSTRUCTION OF CERTAIN EQUIPMENT HAVING A BEARING ON PROJECTS ACCORDED PRIORITY STATUS , BY GRANTING A PREFERENTIAL PARTICIPATION RATE FOR EXPENDITURE ON SUCH EQUIPMENT , AND THE IMPLEMENTATION OF MAJOR PROJECTS CARRIED OUT JOINTLY BY ALL OR SOME OF THE ASSOCIATED LABORATORIES ;   WHEREAS , FURTHERMORE , THE MOBILITY OF STAFF BETWEEN ORGANIZATIONS COOPERATING IN THE EXECUTION OF THE PROGRAMME SHOULD BE PROMOTED ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   A RESEARCH AND TRAINING PROGRAMME IN THE FIELD OF CONTROLLED THERMONUCLEAR FUSION AS DEFINED IN THE ANNEX IS HEREBY ADOPTED FOR A FIVE-YEAR PERIOD AS FROM 1 JANUARY 1979 .   ARTICLE 2   THE UPPER LIMIT FOR EXPENDITURE COMMITMENTS AND THE MAXIMUM NUMBER OF STAFF FOR THE PROGRAMME EXCLUSIVE OF JET ARE FIXED AT 190.50 MILLION EUROPEAN UNITS OF ACCOUNT , INCLUDING A MINIMUM OF 44 MILLION EUROPEAN UNITS OF ACCOUNT FROM THE AMOUNTS REFERRED TO IN THE SECOND PARAGRAPH OF ARTICLE 4 , AND 113 EMPLOYEES FOR THE WHOLE DURATION OF THE PROGRAMME .   THE UPPER LIMIT FOR EXPENDITURE COMMITMENTS AND THE MAXIMUM NUMBER OF STAFF FOR THE CONSTRUCTION PHASE OF THE JET PROJECT , AS REGARDS ITS BASIC PERFORMANCE , DURING THE DURATION OF THE PROGRAMME ARE FIXED AT 145 MILLION EUROPEAN UNITS OF ACCOUNT INCLUDING A MINIMUM OF 86.40 MILLION EUROPEAN UNITS OF ACCOUNT FROM THE AMOUNTS REFERRED TO IN THE SECOND PARAGRAPH OF ARTICLE 4 , AND 150 TEMPORARY EMPLOYEES WITHIN THE MEANING OF ARTICLE 2 ( A ) OF THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE EUROPEAN COMMUNITIES .   THE EUROPEAN UNIT OF ACCOUNT SHALL BE THAT DEFINED IN ARTICLE 10 OF THE FINANCIAL REGULATION OF 21 DECEMBER 1977 APPLICABLE TO THE GENERAL BUDGET OF THE EUROPEAN COMMUNITIES  ( 1 ).   ARTICLE 3   THE COMMISSION SHALL SUBMIT TO THE COUNCIL , NOT LATER THAN 1 JULY 1981 , A REVIEW PROPOSAL DESIGNED TO REPLACE THE PRESENT PROGRAMME BY A NEW FIVE-YEAR PROGRAMME WITH EFFECT FROM 1 JANUARY 1982 .   ARTICLE 4   DECISIONS 76/345/EURATOM AND 78/470/EURATOM ARE HEREBY REPEALED WITH EFFECT FROM 1 JANUARY 1979 .   HOWEVER , AMOUNTS WHICH , PURSUANT TO THE AFOREMENTIONED DECISIONS , ARE AUTHORIZED UNDER THE RELEVANT HEADINGS OF THE 1976 , 1977 , 1978 , 1979 AND 1980 BUDGETS AND WHICH ON 1 JANUARY 1979 HAVE NOT YET BEEN COMMITTED , OR WHICH HAVE BEEN COMMITTED BUT NOT YET PAID , MAY BE USED FOR THE EXECUTION OF THE PRESENT PROGRAMME .   DONE AT BRUSSELS , 13 MARCH 1980 .   FOR THE COUNCIL   THE PRESIDENT   G . ZAMBERLETTI ****  ( 1 ) OJ NO L 151 , 7 . 6 . 1978 , P . 10 .    ANNEX   CONTROLLED THERMONUCLEAR FUSION   1 . THE SUBJECT MATTER OF THE PROGRAMME TO BE EXECUTED SHALL BE :  ( A ) PLASMA PHYSICS IN THE SECTOR CONCERNED , IN PARTICULAR STUDIES OF A BASIC CHARACTER OR RELATING TO CONFINEMENT WITH SUITABLE DEVICES AND TO METHODS FOR PRODUCING AND HEATING PLASMA ;  ( B ) RESEARCH INTO THE CONFINEMENT , IN CLOSED CONFIGURATIONS , OF PLASMA OF WIDELY VARYING DENSITY AND TEMPERATURE , IF POSSIBLE ATTAINING IGNITION CONDITIONS ;  ( C ) RESEARCH INTO LIGHT-MATTER INTERACTIONS AND TRANSPORT PHENOMENA AND THE DEVELOPMENT OF HIGH-POWER LASERS ;  ( D ) THE DEVELOPMENT AND APPLICATION TO CONFINEMENT DEVICES OF SUFFICIENT POWERFUL PLASMA HEATING METHODS ;  ( E ) IMPROVEMENT OF DIAGNOSTIC METHODS ;  ( F )  STUDY OF TECHNOLOGICAL PROBLEMS CONNECTED WITH CURRENT RESEARCH AND PROBLEMS RELATING TO THE USE OF THERMONUCLEAR REACTIONS ;  ( G ) IMPLEMENTATION OF THE JET PROJECT .   THE WORK REFERRED TO IN ( A ), ( B ), ( C ), ( D ), ( E ) AND ( F ) SHALL BE CARRIED OUT BY MEANS OF ASSOCIATION OR LIMITED DURATION CONTRACTS WHICH ARE DESIGNED TO YIELD THE RESULTS NECESSARY FOR IMPLEMENTATION OF THE PROGRAMME AND WHICH TAKE INTO CONSIDERATION THE WORK CARRIED OUT BY THE JRC , IN PARTICULAR IN RELATION TO THE TECHNOLOGY REFERRED TO IN ( F ).   THE IMPLEMENTATION OF THE JET PROJECT REFERRED TO IN ( G ) HAS BEEN ENTRUSTED TO THE JOINT EUROPEAN TORUS ( JET ), JOINT UNDERTAKING , ESTABLISHED BY DECISION 78/471/EURATOM ( 1 ).   2 . THE PROGRAMME SET OUT IN POINT 1 SHALL BE PART OF A LONG-TERM COOPERATIVE PROJECT EMBRACING ALL WORK CARRIED OUT IN THE MEMBER STATES IN THE FIELD OF CONTROLLED THERMONUCLEAR FUSION . IT IS DESIGNED TO LEAD IN DUE COURSE TO THE JOINT CONSTRUCTION OF PROTOTYPES WITH A VIEW TO THEIR INDUSTRIAL PRODUCTION AND MARKETING .   3 . FOR THE DURATION OF THE PROGRAMME EXCLUSIVE OF JET A MAXIMUM AMOUNT OF 190.50 MILLION EUROPEAN UNITS OF ACCOUNT AND A MAXIMUM NUMBER OF 113 EMPLOYEES SHALL BE ALLOCATED FOR THIS PURPOSE . THE AMOUNT IN QUESTION IS INTENDED TO COVER :   -  EXPENDITURE ON EQUIPMENT HAVING A BEARING ON OPERATIONS ACCORDED PRIORITY STATUS AND SOME EXPENDITURE IN SUPPORT OF JET ,   -  STAFF MOBILITY COSTS ,   -  OTHER EXPENDITURE RELATING TO OPERATIONS TO BE CARRIED OUT UNDER THE PROGRAMME EXCLUSIVE OF JET .   4 . THE APPROPRIATION ALLOCATED TO THE PROGRAMME EXCLUSIVE OF JET CAN BE BROKEN DOWN AS FOLLOWS :  ( A ) ABOUT 30 % FOR FINANCING PROJECTS AT A PREFERENTIAL RATE , AS SPECIFIED IN PARAGRAPH 5 ;  ( B ) ABOUT 4 % FOR ADMINISTRATION COSTS AND FOR EXPENDITURE INTENDED TO ENSURE THE MOBILITY OF STAFF TO ENABLE THEM TO WORK IN ORGANIZATIONS COOPERATING IN THE IMPLEMENTATION OF THE PROGRAMME ;  ( C ) THE AMOUNT NOT SET ASIDE FOR THE OPERATIONS AND EXPENDITURE REFERRED TO IN ( A ) AND ( B ) AND ANY POSITIVE BALANCE FROM THE CONTRIBUTIONS OF ASSOCIATED THIRD COUNTRIES UNDER THE PROGRAMME , EXCLUSIVE OF JET , SHALL BE USED FOR FINANCIAL PARTICIPATION BY THE COMMUNITY IN OTHER EXPENDITURE INCURRED BY THE ASSOCIATIONS . THIS COMMUNITY PARTICIPATION IN OTHER ASSOCIATION EXPENDITURE RELATING TO THE JOINT PROGRAMME SHALL BE AT A UNIFORM RATE OF ABOUT 25 % .   5 . AFTER A TECHNICAL EXAMINATION , THE CONSULTATIVE COMMITTEE OF THE FUSION PROGRAMME MAY , AS SOON AS IT HAS BEEN SET UP , ACCORD PRIORITY STATUS TO PROJECTS BELONGING TO ONE OF THE FOLLOWING AREAS :   -  TOKAMAK SYSTEMS AND SUPPORT FOR JET ,   -  OTHER TOROIDAL MACHINES ,   -  HEATING AND INJECTION , INCLUDING SUPPORT FOR JET IN THIS FIELD ,   -  FUSION TECHNOLOGY ,   -  THE WORK REFERRED TO IN PARAGRAPH 1 ( C ).   THE COMMISSION MAY FINANCE THESE PROJECTS AT A UNIFORM PREFERENTIAL RATE OF ABOUT 45 % . IN RETURN , ALL THE MEMBERS OF ASSOCIATIONS SHALL HAVE THE RIGHT TO TAKE PART IN THE EXPERIMENTS CARRIED OUT WITH THE EQUIPMENT THUS CONSTRUCTED .   6 . THE UPPER LIMIT FOR EXPENDITURE COMMITMENTS AND THE MAXIMUM NUMBER OF STAFF FOR THE CONSTRUCTION PHASE OF THE JET PROJECT , AS REGARDS ITS BASIC PERFORMANCE , DURING THE PROGRAMME PERIOD ARE FIXED AT 145 MILLION EUROPEAN UNITS OF ACCOUNT AND 150 TEMPORARY STAFF . THE AMOUNT IN QUESTION IS INTENDED TO FINANCE THE CONSTRUCTION PHASE OF THE JET PROJECT AT A PARTICIPATION RATE OF 80 % . THE SWEDISH AND SWISS CONTRIBUTIONS TO THE JET PROJECT SHALL BE DEDUCTED DIRECTLY FROM THE FINANCING OF THAT PART OF THE OVERALL BUDGET LAID DOWN FOR THE PROJECT WHICH IS TO BE BORNE BY THE COMMUNITY BUDGET .


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31992D0219

92/219/EEC: Council Decision of 30 March 1992 on the conclusion of an Agreement in the form of an exchange of letters concerning the provisional application of the Protocol establishing, for the period from 1 January 1992 to 30 September 1993, the fishing opportunities and the financial contribution provided for in the Agreement between the European Economic Community and the Government of the People's Republic of Mozambique on fisheries relations

Official Journal L 107 , 24/04/1992 P. 0018

COUNCIL DECISION of 30 March 1992 on the conclusion of an Agreement in the form of an exchange of letters concerning the provisional application of the Protocol establishing, for the period from 1 January 1992 to 30 September 1993, the fishing  opportunities and the financial contribution provided for in the Agreement between the European Economic Community and the Government of the People's Republic of Mozambique on fisheries relations (92/219/EEC)THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the Agreement between the European Economic Community and the Government of the People's Republic of Mozambique on fisheries relations (1), signed in Maputo on 30 September 1988,  Having regard to the proposal from the Commission,  Whereas the Community and the People's Republic of Mozambique held negotiations with a view to determining amendments or additions to be made to the Protocol to the Agreement on fisheries relations at the end of the period of application of the first  Protocol;  Whereas, as a result of these negotiations, a new Protocol was initialled on 15 October 1991;  Whereas, under this Protocol, Community fishermen will enjoy fishing opportunities in the waters falling within the sovereignty or jurisdiction of the People's Republic of Mozambique for the period from 1 January 1992 to 30 September 1993;  Whereas, in order to avoid interruption of fishing activities by Community vessels, both parties initialled an Agreement in the form of an exchange of letters providing for the provisional application of the initialled Protocol on expiry of the Protocol  previously in force; whereas the Agreement in the form of an exchange of letters should be concluded pending a definitive decision under Article 43 of the Treaty and the subsequent entry into force of the Protocol,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement in the form of an exchange of letters concerning the provisional application of the Protocol defining, for the period from 1 January 1992 to 30 September 1993, the fishing opportunities and the financial contribution provided for in the  Agreement between the European Economic Community and the Government of the People's Republic of Mozambique on fisheries relations is hereby approved on behalf of the Community.  The text of the Agreement in the form of an exchange of letters is attached to this Decision.  Article 2  The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in the form of an exchange of letters in order to bind the Community.  Done at Brussels, 30 March 1992.  For the Council The President Arlindo MARQUES CUNHA (1) OJ No L 98, 10. 4. 1987, p. 12.


title: Council Decision of 12 September 2016 adopting the Council's position on the draft general budget of the European Union for the financial year 2017

text:
               13.9.2016

               EN

               Official Journal of the European Union

               C 336/1

         COUNCIL DECISION
   of 12 September 2016
   adopting the Council's position on the draft general budget of the European Union for the financial year 2017
   (2016/C 336/01)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314(3) thereof, in conjunction with the Treaty establishing the European Atomic Energy Community and in particular Article 106a thereof,
   Whereas:

               (1)

               On 18 July 2016, the Commission submitted a proposal containing the draft general budget of the European Union for the financial year 2017 (1).

               (2)

               The Council examined the Commission proposal with a view to defining a position consistent, on the revenue side, with Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities' own resources (2), and, on the expenditure side, with Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (3),

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The Council's position on the draft general budget of the European Union for the financial year 2017 was adopted by the Council on 12 September 2016.
   The full text can be accessed for consultation or downloading on the Council's website: http://www.consilium.europa.eu/

      Done at Brussels, 12 September 2016.

            For the Council

            The President

         M. LAJČÁK

      (1)  COM(2016) 300 final.

      (2)  OJ L 163, 23.6.2007, p. 17.

      (3)  OJ L 347, 20.12.2013, p. 884.


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31999D0044

1999/44/EC: Commission Decision of 6 January 1999 pursuant to Council Regulation (EC) No 3286/94 concerning the Brazilian import licensing regime for steel plates (notified under document number C(1998) 4468)

Official Journal L 014 , 19/01/1999 P. 0032 - 0034

COMMISSION DECISION of 6 January 1999 pursuant to Council Regulation (EC) No 3286/94 concerning the Brazilian import licensing regime for steel plates (notified under document number C(1998) 4468) (1999/44/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organisation (1), as last amended by Regulation (EC) No 356/95 (2), and in particular Articles 11 and 14 thereof,After consulting the Advisory Committee,Whereas:A. Procedural background (1) On 30 April 1997 Eurofer (European Confederation of Iron and Steel Industries) lodged a complaint under Article 4 of Regulation (EC) No 3286/94 (hereinafter, the Regulation) on behalf of its members, which are both national federations and individual companies located in 12 out of 15 European Union Member States and represent more than 90 % of European Coal and Steel Community crude steel production.(2) The complainant alleged that the importation of flat stainless steel products into Brazil was subject to non-automatic import licensing. In the view of Eurofer, in May 1996 the practice of the Brazilian authorities responsible for issuing import licences was changed, to the effect that licences began to be granted only if a payment term of maximum 30 days was foreseen for the merchandise to be imported. The complainant pointed out that no announcement of this change or explanation of the legal basis authorising the dismissal of licence applications experienced by importers of Community products was provided by Brazilian authorities, and that the change appeared to result from internal guidelines of the Brazilian administration.(3) According to the complainant, enforcement of the new financing deadline was progressively tightened in November 1996, when a written commitment to respect it began to be required of importers of steel products, and again in January 1997, when a new computerised monitoring system for the issuance of import licences (Siscomex) entered into force.(4) Finally, the complainant pointed out that a general regime on exchange rate contracts for payment of imports (requiring advance settlement of exchange rate contracts for payment of imports for which payment terms are below 360 days) was adopted on 25 March 1997 through Brazilian President's Medida Provisória No 1569, which in turn was implemented by the Bank of Brazil by means of Circular No 2747, also adopted on 25 March 1997. Eurofer contended that this legislation did not replace the special rules applicable to the granting of import licences to steel products, but allowed Brazilian authorities to enforce the measures specific to steel products more strictly and effectively.(5) The complainant alleged that the abovementioned Brazilian practices constituted obstacles to trade within the meaning of Article 2(1) of the Regulation as they were in violation of Brazil's international commitments under the WTO and that such obstacles were producing adverse trade effects for the complainant.(6) In particular, the complainant alleged that the Brazilian import licensing regime applicable to stainless steel products was in violation of Articles XI, III:4 and X of GATT 1994 as well as Articles 1(4), 3(3), 5 and 1(9) of the WTO Agreement on import licensing procedures.(7) As far as adverse trade effects are concerned, the complainant alleged that Community producers' and exporters' business was severely disrupted. With the introduction of the import licensing regime in question, a number of imports were held up at the port of entry, incurring substantial supplementary costs. In addition, the elimination of the customary payment terms of 180 days meant that importers were no longer in a position to buy goods unless the producer or exporter was willing to bear the cost of a longer payment terms period which placed further financial burdens on the producer or exporter, rendering their sales unprofitable. The uncertainty generated by this import regime meant that orders were delayed and potential new orders lost to the detriment of the Community industry.(8) The complaint contained sufficient prima facie evidence to justify the initiation of a Community examination procedure pursuant to Article 8 of the Regulation. Consequently, the Commission initiated an examination procedure (3), on 27 June 1997.B. Response of the Brazilian Government to the 30-day payment term requirement for the granting of non-automatic licences (9) Following the initiation of the investigation the Brazilian Government, responding to a questionnaire, informed the Commission services that the list of products subject to non-automatic import licensing would be modified soon to exclude those falling within CN codes 7219 and 7220 as mentioned in the complaint under Regulation (EC) No 3286/94. This was confirmed on 25 August 1997 by the Brazilian authorities through the transmission of a copy of a measure (Comunicado No 23 by the Departamento de Operações de Comércio Exterior (DECEX) of 11 August 1997, published on 13 August and taking effect on publication) by which this change had been achieved. The confirmation was detailed on 11 December 1997 when the Brazilian authorities explained that the products in question are now subject to the automatic import licensing system and that no special payment term requirement is associated with the granting of such automatic licences.(10) This removal from the list of products subject to non-automatic licensing was essential since the non-automatic import licensing was the only tangible administrative means of enforcing the requirement related to the specific 30-day payment term. Written evidence of the obligation to respect such a payment term was collected by the complainant only by means of individual decisions that refused to grant non-automatic import licenses.(11) Under these circumstances, it can be considered that the removal of the products mentioned in the complaint from the list of products subject to non-automatic import licensing equates to the removal of the obstacle to trade challenged in the complaint in relation to the specific payment term requirement.C. Brazilian legislation on a general regime on exchange rate contracts for payment of imports (12) The Brazilian legislation on a general regime on exchange rate contracts for payment of imports, adopted on 25 March 1997, provides that importers are obliged to contract exchange operations at a local bank within certain deadlines according to the payment terms for the goods concerned, where these payment terms are less than 360 days. This means that importers must make a deposit in the bank concerned until such time as the invoice is paid, or pay a premium for the exchange rate contract to a local bank.(13) According to the Brazilian authorities, neither the granting of the import licence nor the clearance of goods at customs is dependent on compliance with this regime. The consequence of non-compliance would be the imposition of fines by the Brazilian Central Bank. With a view to clarifying its scope and effects and to determining its compatibility with international trade rules, the Commission has been closely monitoring the abovementioned Brazilian legislation since its adoption. In this context, the European Community has acted at the multilateral level by initiating consultations under the relevant WTO provisions in January 1998.D. Recent developments (14) Since 1996 there appears to be a trend by the Brazilian authorities both to enforce trade measures having restrictive effects on specific sensitive sectors, in a non-transparent way, and to adopt horizontal legislation which has at the least the potential of affecting imports in a negative manner. The growing number of examination procedures initiated or envisaged under Regulation (EC) No 3286/94, further to complaints by European exporters, is a clear indication of such a trend.(15) In particular, further to a complaint by Febeltex, the Belgian textiles industry association, the Commission initiated an examination procedure under the Regulation on 27 February 1998 (4). This procedure is related to the non-automatic import licensing system and the way the system is developed through, notably, compulsory import payment terms and the imposition of minimum prices on imports.(16) Although the abovementioned procedure focuses on the system's effects on certain textile products, it is however covering a practice which is similar to the practice which is the subject of the present Decision. Thus, despite the termination of the procedure, the Commission will be in a position to continue monitoring the import licensing regime for steel plates actually applied in Brazil.E. Recommendation (17) The examination procedure concerning the Brazilian import licensing regime for steel plates should therefore be terminated,HAS DECIDED:Article 1 The examination procedure concerning the Brazilian import licensing regime for steel plates initiated on 27 June 1997 is hereby terminated.Article 2 This Decision shall apply from the day of its publication in the Official Journal of the European Communities.Done at Brussels, 6 January 1999.For the CommissionLeon BRITTANVice-President(1) OJ L 349, 31. 12. 1994, p. 71.(2) OJ L 41, 23. 2. 1995, p. 3.(3) OJ C 197, 27. 6. 1997, p. 2.(4) OJ C 63, 27. 2. 1998, p. 2.


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31983D0625

83/625/EEC: Commission Decision of 12 December 1983 accepting an undertaking given in connection with the anti-dumping proceeding concerning imports of certain glass textile fibres (rovings) originating in Japan and terminating this proceeding

Official Journal L 352 , 15/12/1983 P. 0047 - 0048

*****COMMISSION  DECISION  of 12 December 1983  accepting an undertaking given in connection with the anti-dumping proceeding concerning imports of certain glass textile fibres (rovings) originating in Japan and terminating this proceeding  (83/625/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 3017/79 of 20 December 1979 on protection against dumped or subsidized imports from countries not members of the European Community (1), as amended by Regulation (EEC) No 1580/82 (2), and in particular Article 10 thereof,  After consultations within the Advisory Committee as provided for under the above Regulation,  Whereas:  A. Provisional action  (1) The Commission, by Regulation (EEC) No 1631/83 (3), imposed a provisional anti-dumping duty on imports of certain glass textile fibres (rovings) originating in Czechoslovakia, the German Democratic Republic and Japan and terminated the procedure concerning certain glass textile fibres (mats) originating in Czechoslovakia and the German Democratic Republic, no injury having been caused by these imports during the period under review. The duty was extended for a maximum period of two months by Regulation (EEC) No 2876/83 (4) at the request of the exporters concerned.  B. Undertaking  (2) Following the imposition of the provisional anti-dumping duty, an undertaking was offered by the Japan Glass Fibre Association in the name of all its members. There were no other exports to the European Community during the investigation period, apart from the exports of Nippon Electric Co. which had offered an acceptable price undertaking before the imposition of the provisional duty and which was consequently excluded from the provisional measures taken; the other Japanese producers have declared that they have no intention to export in the near future but that, if and when they export to the European Community, the price of these exports will not be at a dumping level.  (3) The Commission considered that the undertaking offered is acceptable and that the proceeding concerning Japan may, therefore, be terminated.  (4) No objection to this course was raised in the Advisory Committee.  (5) The Council will decide shortly under Article 12 (2) of Council Regulation (EEC) No 3017/79 on the collection of the amounts secured by way of provisional duty,  HAS DECIDED AS FOLLOWS:  Article 1  The Commission hereby accepts the undertaking given by the Japan Glass Fibre Association in the name of all its members in connection with the anti-dumping proceeding concerning certain glass textile fibres (rovings) falling within subheading ex 70.20 B of the Common Customs Tariff, corresponding to NIMEXE code 70.20-70 and originating in Japan.  Article 2  Without prejudice to the Council decision on the collection of the amounts secured by way of provisional duty under Commission Regulation (EEC) No 1631/83, the anti-dumping proceeding concerning imports of certain glass textile fibres (rovings) originating in Japan is hereby terminated.  Done at Brussels, 12 December 1983.  For the Commission  Wilhelm HAFERKAMP  Vice-President  (1) OJ No L 339, 31. 12. 1979, p. 1.  (2) OJ No L 178, 22. 6. 1982, p. 9.  (3) OJ No L 160, 18. 6. 1983, p. 18.  (4) OJ No L 283, 15. 10. 1983, p. 1.


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31989D0433

89/433/EEC: Council Decision of 3 May 1989 on the conclusion of the Third Additional Protocol to the Agreement between the European Economic Community and the Republic of Iceland consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community

Official Journal L 206 , 18/07/1989 P. 0007 - 0007 Finnish special edition: Chapter 11 Volume 15 P. 0105  Swedish special edition: Chapter 11 Volume 15 P. 0105

COUNCIL DECISION of 3 May 1989 on the conclusion of the Third Additional Protocol to the Agreement between the European Economic Community and the Republic of Iceland consequent on the accession of the Kingdom of Spain and the Portuguese Republic  to the Community (89/433/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas a total suspension by the Republic of Iceland of duties on imports from Spain would facilitate trade between the two countries;  Whereas the Additional Protocol to the Agreement between the European Economic Community and the Republic of Iceland (1) consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community, signed in Brussels on 22 July 1972  does not make provision for the Republic of Iceland to suspend customs duties on goods imported from Spain;  Whereas it is therefore necessary to approve a Third Additional Protocol to the abovementioned Agreement in order to provide for the total suspension of duties on products covered by that Agreement imported into Iceland from Spain,  HAS DECIDED AS FOLLOWS:    Article 1 The Third Additional Protocol to the Agreement between the European Economic Community and the Republic of Iceland consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community 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 shall give the notification provided for in Article 3 of the Protocol (2).  Article 3 This Decision shall take effect on the day following its publication in the Official Journal of the European Communities.   Done at Brussels, 3 May 1989.  For the Council The President P. SOLBES   (1) OJ No L 301, 31. 12. 1971, p. 2. (2) The date of entry into force of the Protocol will be published in the Official Journal of the European Communities by the General Secretariat of the Council.