Important legal notice

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32001D0556

2001/556/EC: Commission Decision of 11 July 2001 drawing up provisional lists of third country establishments from which Member States authorise imports of gelatine intended for human consumption (Text with EEA relevance) (notified under document number C(2001) 1788)

Official Journal L 200 , 25/07/2001 P. 0023 - 0027

Commission Decisionof 11 July 2001drawing up provisional lists of third country establishments from which Member States authorise imports of gelatine intended for human consumption(notified under document number C(2001) 1788)(Text with EEA relevance)(2001/556/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 95/408/EC of 22 June 1995 on the conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorised to import certain products of animal origin, fishery products or live bivalve molluscs(1), as last amended by Council Decision 98/603/EC(2), and in particular Article 2(1) thereof,Whereas:(1) Part XIII of the Annex to Commission Decision 94/278/EC(3), as last amended by Decision 98/597/EC(4), draws up a list of third countries from which the Member States authorise imports of gelatine intended for human consumption.(2) Chapter 4 of Annex II to Council Directive 92/118/EEC of 17 December 1992 laying down animal health and pubic health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC(5), as last amended by Decision 1999/724/EC(6), lays down the health conditions applicable to putting on the market and for imports of gelatine intended for human consumption. Furthermore, Commission Decision 2000/20/EC(7) establishes health certificates for the importation of gelatine from third countries.(3) The Commission has received lists of establishments from certain third countries listed in Part XIII of the Annex to Decision 94/278/EC. The competent authorities of these third countries have provided the Commission with guarantees that their establishments fully meet the relevant Community health requirements.(4) In order to allow the time necessary to carry out Community inspections in third countries to verify the validity of the above guarantees provided by the competent authorities of the third countries concerned and to avoid disruption in trade from third countries, provisional lists of establishments producing gelatine for human consumption should thus be drawn up in accordance with the procedure laid down in Decision 95/408/EEC.(5) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:Article 1Member States shall authorise imports of gelatine intended for human consumption from the establishments listed in the Annex.Article 2This Decision shall apply from 1 September 2001.Article 3This Decision is addressed to the Member States.Done at Brussels, 11 July 2001.For the CommissionDavid ByrneMember of the Commission(1) OJ L 243, 11.10.1995, p. 17.(2) OJ L 289, 28.10.1998, p. 36.(3) OJ L 120, 11.5.1994, p. 44.(4) OJ L 286, 23.10.1998, p. 59.(5) OJ L 62, 15.3.1993, p. 49.(6) OJ L 290, 12.11.1999, p. 32.(7) OJ L 6, 11.1.2000, p. 60.ANEXO/BILAG/ANHANG/ΠΑΡΑΡΤΗΜΑ/ANNEX/ANNEXE/ALLEGATO/BIJLAGE/ANEXO/LIITE/BILAGALISTA DE LOS ESTABLECIMIENTOS/LISTE OVER GODKENDTE GRÆNSEKONTROLSTEDER/VERZEICHNIS DER BETRIEBE/ΠΙΝΑΚΑΣ ΤΩΝ ΕΓΚΑΤΑΣΤΑΣΕΩΝ/LIST OF ESTABLISHMENTS/LISTE DES ÉTABLISSEMENTS/ELENCO DEGLI STABILIMENTI/LIJST VAN BEDRIJVEN/LISTA DOS ESTABELECIMENTOS/LUETTELO LAITOKSISTA/FÖRTECKNING ÖVER ANLÄGGNINGARProducto: gelatina destinada al consumo humano/Produkt: gelatine til konsum/Erzeugnis: zum Verzehr bestimmte Gelatine/Προϊόν: ζελατίνη με προορισμό την κατανάλωση από τον άνθρωπο/Product: gelatine intended for human consumption/Produit: gélatine destinée à la consommation humaine/Prodotto: gelatine destinate al consumo umano/Product: voor menselijke consumptie bestemde gelatine/Produto: gelatina destinada ao consumo humano/Tuote: ihmisravinnoksi tarkoitettu gelatiini/Varuslag: gelatin avsett som livsmedel>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>


title: 2012/572/EU: Decision of the European Parliament of 10 May 2012 on discharge in respect of the implementation of the budget of the European Centre for Disease Prevention and Control for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/184

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on discharge in respect of the implementation of the budget of the European Centre for Disease Prevention and Control for the financial year 2010
   (2012/572/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Centre for Disease Prevention and Control for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Centre for Disease Prevention and Control for the financial year 2010, together with the Centre’s replies (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Regulation (EC) No 851/2004 of the European Parliament and of the Council of 21 April 2004 establishing a European Centre for Disease Prevention and Control (3), and in particular Article 23 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0123/2012),

               1.

               Grants the Director of the European Centre for Disease Prevention and Control discharge in respect of the implementation of the Centre’s budget for the financial year 2010;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Director of the European Centre for Disease Prevention and Control, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 366, 15.12.2011, p. 122.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 142, 30.4.2004, p. 1.

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

      EUROPEAN PARLIAMENT RECOMMENDATIONS OVER PAST YEARS

               European Centre for Disease Prevention and Control

               2006

               2007

               2008

               2009

               Performance/procurement

                           —

                           The rules on procurement are not strictly enforced: lack of clear selection criteria; incorrect choice of procedure; non-respect of the procedure described in the tender notice; insufficient documentation of the procedure

               n.a.

                           —

                           Calls on the Centre to set out a comparison of operations carried out during the year for which discharge is to be granted and in the previous financial year, so as to enable the discharge authority to assess its performance more effectively from one year to the next one

                           —

                           No Seat Agreement between the Centre and the Swedish Government as there were still many outstanding issues that needed further negotiation

                           —

                           Calls on the Centre to make a comparison of the operations that were carried out during the year for which discharge is to be granted and during the previous financial year

               Carry-over of appropriations

                           —

                           The annuality principle is not strictly observed: Nearly 45 % of the commitments entered into during the year were carried over. Moreover, during the second half of the 2006, numerous transfers were made→ imprecise estimates of staffing needs

                           —

                           The annuality principle is not strictly observed: weaknesses in the programming, monitoring and subsequent implementation of the Centre’s budget

                           —

                           When budget amendments were decided, no evaluation was made of their impact on the work programme and the achievements of the objectives

                           —

                           The annuality principle is not strictly observed: weaknesses in the programming and subsequent implementation of the Centre’s budget

                           —

                           Calls on the Commission to examine ways of ensuring that the principle of needs-based cash management is implemented →The Centre maintains enormously high cash reserves over long period (31 December 2008: EUR 16 705 091)

                           —

                           Calls on the Centre to inform the discharge authority of the measures taken to redress the deficiency. High level of carry-overs which has an negative impact on the implementation of the budget and is at odds with the principle of annuality

               Human resources

               n.a.

               n.a.

                           —

                           Weaknesses in the planning of recruitment procedures

               n.a

               Internal audit

                           —

                           Legal commitments were entered into the absence of prior budgetary commitments, in breach of the financial regulation

                           —

                           The Centre did not comply with the Financial Regulation and the principle of economy: in 2007 the Centre paid EUR 500 000 for renovating its main building, as consequence of an agreement signed by the Centre and the building owner. Such an agreement did not specify the nature of the works to be done as well as deadlines and payment conditions

                           —

                           The Centre has not comprehensively fulfilled its obligation to send to the authority responsible for discharge a report drawn up by its Director summarising the number of internal audits conducted by the internal auditor

                           —

                           The Centre has not comprehensively fulfilled its obligation to send to the discharge authority a report drawn up by its Director summarising the content of the IAS recommendation

          ---documentbreak---

               17.10.2012

               EN

               Official Journal of the European Union

               L 286/185

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget for the European Centre for Disease Prevention and Control for the financial year 2010
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Centre for Disease Prevention and Control for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Centre for Disease Prevention and Control for the financial year 2010, together with the Centre’s replies (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Regulation (EC) No 851/2004 of the European Parliament and of the Council of 21 April 2004 establishing a European Centre for Disease Prevention and Control (3), and in particular Article 23 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0123/2012),

               A.

               whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts of the European Centre for Disease Prevention and Control (‘the Centre’) for the financial year 2010 are reliable and that the underlying transactions are legal and regular,

               B.

               whereas on 10 May 2011 Parliament granted the Director of the Centre discharge for implementation of its budget for the financial year 2009 (5), and in its resolution accompanying the discharge called on the Centre, inter alia:

                           —

                           to make, in a table to be annexed to the Court of Auditors’ report, a comparison of the operations that were carried out during the year for which discharge is to be granted and those carried out during the previous financial year;

                           —

                           to address the high level of carry-over which has a negative impact on the implementation of the budget and is at odds with the principle of annuality;

                           —

                           to fulfil its obligation to send to the discharge authority a report drawn up by its Director summarising the content of the Internal Audit Service (IAS) recommendations;

               C.

               whereas the overall budget of the Centre for the financial year 2010 was EUR 57 800 000 compared to EUR 49 200 000 in 2009, which represents an increase of 17,5 %; whereas the total contribution of the Union to the budget of the Centre for 2010 was EUR 56 225 000,

      Budget and Financial Management

               1.

               Recalls that the initial Union contribution to the Centre for 2010 amounted to EUR 53 078 000; notes however that EUR 145 000, coming from the recovery of surplus, was added to it which, as a result, makes a total Union contribution of EUR 53 223 000 for 2010;

               2.

               Underlines that according to the general budget of the European Union for the financial year 2010 the total contribution to the Centre amounts to EUR 56 225 000 and was comprised of:

                           —

                           a contribution of EUR 33 360 000 under Titles I and II, and

                           —

                           a contribution of EUR 22 895 000 under Title III, of which EUR 10 000 000 were paid;

                     notes, however, that the same document presents a total Union contribution of EUR 53 223 000 for 2010; acknowledges the Commission’s statement that the Union’s contribution to the Centre for 2010 was EUR 56 225 000 and that the figure of EUR 53 223 000 is the result of inconsistencies in the text accompanying the budget figures; is of the opinion that this reflects the necessity for the Commission to provide annually the discharge authority with consolidated information on the total annual funding per Agency made from the general budget of the European Union;

               3.

               Takes note from the Centre that a second grant agreement was reached with the Directorate-General for Enlargement for an initial duration of two years and that a subsequent budget increase of EUR 400 000 for the period 2009–2010 was implemented in 2010; notes that in 2011 the Centre was due to present a request to extend the duration of the grant;

               4.

               Acknowledges from the final annual accounts of the Centre for the financial year 2010 that its budget execution rate reached 95 % in terms of commitment appropriations; is however concerned that the budget execution rate in terms of payments only reached 68 % of its total budget; believes nevertheless that this is already an improvement compared to 59 % in 2009 but considers that further efforts need to be made by the Centre in this respect;

               5.

               Underlines that the implementation of payment credits improved to 92,7 % which represents an amount of unused credits of EUR 3 800 000; notes that this under-execution is related to the fact that the Centre has limited its request of payment credits in order to reduce the amount of cash in its bank account at year-end, as requested by the Court of Auditors and the Commission;

               6.

               Notes from the Centre’s 2010 Annual Activity Report (AAR) that the Director, as Authorising Officer, delegated financial responsibility to the five Heads of Unit, and for a period of time, to the Coordinator of the Director’s Office; notes, however, that all contracts over EUR 250 000 need to be signed by the Director;

      Carry-over appropriations

               7.

               Acknowledges from the Court of Auditors that in 2010, an amount of EUR 15 600 000, equivalent to 27 % of the total budget including 50 % of Title III — Operational expenditure — was carried forward to 2011; urges once more the Centre to promptly redress the deficiencies found by the Court of Auditors on carry-overs; underlines that a high level of carry-overs has a negative impact on the implementation of the budget;

               8.

               Is concerned that this high level of carry-forward matched by a low level of accrued expenditure is excessive and is at odds with the principle of annuality;

      Accounting system

               9.

               Notes from its Report on Budget and Financial Management (RBFM) that 2010 was the first full year that the Centre implemented its budget for the entire year through ABAC WF (the EC integrated budgetary and accounting system);

               10.

               Acknowledges from its AAR that the Centre performed a review of the internal procedures for payments and commitments;

      Procurement

               11.

               Observes from its AAR that the procurement office dealt with 50 open procedures and 18 negotiated procedures as well as eight calls for proposals; calls on the Centre to provide the discharge authority with the results of each of the procurement procedures;

               12.

               Notes that after five years of negotiations, a Seat Agreement has been signed between the Centre and the Ministry for Elderly Care and Public Health of Sweden;

      Human Resources

               13.

               Acknowledges that the former Director left the Centre in February 2010 to take up a position at the World Health Organisation Regional Office for Europe;

               14.

               Urges the Centre to put in place sufficient measures to guarantee the transparency of its recruitment procedures; is in particular concerned about the Court of Auditors’ findings: neither the thresholds that candidates had to meet in order to be invited to the interview, nor those necessary to be put on the reserve list were fixed in advance; notes that this could cover up a situation of nepotism or conflict of interests;

               15.

               Notes from its RBFM that the total number of temporary agents working at the Centre as of 31 December 2010 was 175, out of 200 posts provided for in the Establishment Table 2010;

               16.

               Ascertains also from the RBFM that the turnover rate for temporary agents and contract agents was 7 % in 2010;

               17.

               Considers the Centre as an important Union body to strengthen and develop European disease surveillance, to assess and communicate current and emerging threats to human health posed by infectious diseases and to pool Europe’s health knowledge;

      Performance

               18.

               Acknowledges that the Centre is now working with its partners to implement changes on the basis of lessons learned from the 2009 H1N1 pandemic, in order to further improve the performance of the Centre for the future; points nevertheless to the important contributions made by the Centre to the measures on fighting the H1N1 pandemic, by issuing preliminary guidelines on the ‘Use of specific pandemic influenza vaccines’ in 2009;

      Internal audit

               19.

               Observes from the RBFM that a review of the implementation of the Internal Control System was carried out; is concerned in particular that two of the standards have still not been implemented, notably business continuity and evaluation of activities, and four others have only been partly implemented; urges therefore the Centre to promptly take action in this respect and inform the discharge authority of the stage of implementation of these standards;

               20.

               Ascertains from the RBFM that the planned audit of the Internal Audit service (IAS) on ‘Processes supporting the establishment of the Annual Work Programme, focusing on the Management Information System’ was postponed to 2011; calls therefore on the Centre to inform the discharge authority on the IAS finding;

               21.

               Acknowledges also from the Centre that at the end of 2010 the IAS audit reported no critical findings; however six important findings were still open; is informed by the Centre that four of these recommendations concern health communication, the performance indicators, the checklist used by the financial actors and the estimation of costs of the Centre’s meetings; urges the centre to inform the discharge authority about the other two recommendations that still need to be implemented by the Centre;

               22.

               Draws attention to its recommendations from previous discharge reports, as set out in the Annex to this resolution;

               23.

               Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2012 (6) on the performance, financial management and control of the agencies.

      (1)  OJ C 366, 15.12.2011, p. 122.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 142, 30.4.2004, p. 1.

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

      (5)  OJ L 250, 27.9.2011, p. 145.

      (6)  Texts adopted, P7_TA(2012)0164 (see page 388 of this Official Journal).


Avis juridique important

|

32000D0757

2000/757/EC, Euratom: Council Decision of 30 November 2000 appointing a Netherlands member of the Economic and Social Committee

Official Journal L 304 , 05/12/2000 P. 0016 - 0016

Council Decisionof 30 November 2000appointing a Netherlands member of the Economic and Social Committee(2000/757/EC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 258 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 166 thereof,Having regard to the Council Decision of 15 September 1998 appointing the members of the Economic and Social Committee for the period from 21 September 1998 to 20 September 2002(1),Whereas a member's seat on that Committee has fallen vacant following the resignation of Mr Kommer DE KNEGT, of which the Council was informed on 10 October 2000;Having regard to the nominations submitted by the Netherlands Government,Having obtained the opinion of the Commission of the European Communities,HAS DECIDED AS FOLLOWS:Sole ArticleMr H. KRUL is hereby appointed a member of the Economic and Social Committee in place of Mr Kommer DE KNEGT for the remainder of the latter's term of office, which runs until 20 September 2002.Done at Brussels, 30 November 2000.For the CouncilThe PresidentM. Demessine(1) OJ L 257, 19.9.1998, p. 37.


Avis juridique important

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31975D0461

75/461/Euratom, ECSC, EEC: Commission Decision of 23 July 1975 amending the provisional rules of procedure of the Commission of 6 July 1967

Official Journal L 199 , 30/07/1975 P. 0043 - 0043 Greek special edition: Chapter 01 Volume 2 P. 0005  Spanish special edition: Chapter 01 Volume 2 P. 0027  Portuguese special edition Chapter 01 Volume 2 P. 0027

++++( 1 ) OJ NO 147 , 11 . 7 . 1967 , P . 1 .  COMMISSION DECISION OF 23 JULY 1975 AMENDING THE PROVISIONAL RULES OF PROCEDURE OF THE COMMISSION OF 6 JULY 1967  ( 75/461/EURATOM , ECSC , EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO ARTICLE 16 OF THE TREATY ESTABLISHING A SINGLE COUNCIL AND A SINGLE COMMISSION OF THE EUROPEAN COMMUNITIES ,  DECIDES AS FOLLOWS :  ARTICLE 1  ARTICLE 27 OF THE PROVISIONAL RULES OF PROCEDURE OF THE COMMISSION OF 6 JULY 1967 ( 1 ) SHALL BE REPLACED BY THE FOLLOWING TEXT :  " SUBJECT TO THE PRINCIPLE OF COLLEGIATE RESPONSIBILITY BEING RESPECTED IN FULL THE COMMISSION MAY EMPOWER ITS MEMBERS TO TAKE , IN ITS NAME AND SUBJECT TO ITS CONTROL , CLEARLY DEFINED MEASURES OF MANAGEMENT OR ADMINISTRATION .  OFFICIALS MAY ALSO BE EMPOWERED TO TAKE SUCH MEASURES IF THIS IS INDISPENSABLE FOR THE COMMISSION PROPERLY TO BE ABLE TO FULFIL ITS TASKS .  UNLESS THEY HAVE BEEN DELEGATED TO HIM PERSONALLY POWERS VESTED IN AN OFFICIAL SHALL BE VALID FOR HIS DEPUTY .  POWERS CONFERRED IN THIS WAY MAY NOT BE SUB-DELEGATED EXCEPT TO THE EXTENT EXPRESSLY LAID DOWN IN THE ENABLING DECISION .  THE PROVISIONS OF THIS ARTICLE SHALL NOT AFFECT THE RULES CONCERNING DELEGATION IN RESPECT OF FINANCIAL MATTERS AND STAFF ADMINISTRATION . "  ARTICLE 2  THIS DECISION SHALL COME INTO FORCE ON 23 JULY 1975 .  DONE AT BRUSSELS , 23 JULY 1975 .  FOR THE COMMISSION  THE PRESIDENT  FRANCOIS-XAVIER ORTOLI


title: Council Decision (EU) 2017/614 of 21 March 2017 appointing a member, proposed by the Federal Republic of Germany, of the Committee of the Regions

text:
               31.3.2017

               EN

               Official Journal of the European Union

               L 86/13

         COUNCIL DECISION (EU) 2017/614
   of 21 March 2017
   appointing a member, proposed by the Federal Republic of Germany, of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the German Government,
   Whereas:

               (1)

               On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

               (2)

               A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Ms Hella DUNGER-LÖPER,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed as a member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               —

               Mr Gerry WOOP, Staatssekretär für Europa (Land Berlin).

         Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 21 March 2017.

            For the Council

            The President

         E. SCICLUNA

      (1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

      (2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

      (3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).


title: 2009/586/EC: Council Decision of 16 February 2009 relating to the conclusion of the Agreement between the European Community and the Government of the Republic of Korea concerning cooperation on anti-competitive activities

text:
               4.8.2009

               EN

               Official Journal of the European Union

               L 202/35

         COUNCIL DECISION
   of 16 February 2009
   relating to the conclusion of the Agreement between the European Community and the Government of the Republic of Korea concerning cooperation on anti-competitive activities
   (2009/586/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Articles 83 and 308, in conjunction with the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Parliament (1),
   Whereas:

               (1)

               Given the increasingly pronounced international dimension to competition problems, international cooperation in this field should be strengthened.

               (2)

               The sound and effective enforcement of competition laws is a matter of importance to the efficient operation of the markets and to international trade.

               (3)

               Elaboration of the principles of positive comity in international law and implementation of those principles in the enforcement of the competition laws of the Community and South Korea are likely to increase the effectiveness in their application.

               (4)

               To this end, the Commission has negotiated an Agreement with the Government of the Republic of Korea regarding the application of the competition rules of the Community and South Korea.

               (5)

               Given that the Agreement includes mergers and acquisitions which are covered by Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (2), which in turn is based essentially on Article 308, this Decision should also be based on that Article.

               (6)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and the Government of the Republic of Korea concerning cooperation on anti-competitive activities is hereby approved on behalf of the Community.
   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 Community (3).

      Done at Brussels, 16 February 2009.

            For the Council

            The President

         O. LIŠKA

      (1)  Opinion of 4 December 2008 (not yet published in the Official Journal).

      (2)  OJ L 24, 29.1.2004, p. 1.

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

               4.8.2009

               EN

               Official Journal of the European Union

               L 202/36

         AGREEMENT
   between the European Community and the Government of the Republic of Korea concerning cooperation on anti-competitive activities
   THE EUROPEAN COMMUNITY,
   of the one part, and
   THE GOVERNMENT OF THE REPUBLIC OF KOREA,
   of the other part,
   (hereinafter referred to as ‘the Parties’);
   RECOGNISING that the world’s economies are becoming increasingly interrelated, and in particular that this is true of the economies of the European Community and the Republic of Korea;
   NOTING that the European Community and the Republic of Korea share the view that the sound and effective enforcement of competition law is a matter of importance to the efficient operation of their respective markets, as well as to economic welfare of consumer of both Parties and trade between them;
   NOTING that the sound and effective enforcement of the Parties’ competition laws would be enhanced through cooperation and, in appropriate cases, coordination between them in the application of those laws;
   FURTHER RECOGNISING that cooperation between the Parties’ competition authorities will contribute to improving and strengthening their relationship;
   BEARING IN MIND that from time to time differences may arise between the Parties concerning the application of their competition laws to conduct or transactions that implicate significant interests of both Parties;
   NOTING the revised Recommendation of the Council of the Organization for Economic Cooperation and Development Concerning Cooperation between Member Countries on Anticompetitive Practices Affecting International Trade, adopted on 27 and 28 July 1995;
   HAVING REGARD to the Memorandum of Understanding concluded between the Competition Directorate General of the European Commission and the Fair Trade Commission of the Republic of Korea on 28 October 2004,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Purpose and Definitions
   1.   The purpose of this Agreement is to contribute to the effective enforcement of the competition laws of each Party through promoting cooperation and coordination between the competition authorities of the Parties and to avoid or lessen the possibility of conflicts between the Parties in all matters pertaining to the application of the competition laws of each Party.
   2.   For the purpose of this Agreement, the following terms shall have the following definitions:

               (a)

               the term ‘anticompetitive activities’ means any activities that may be subject to sanctions or other relief measures by competition authorities under the competition laws of one of the Parties or both Parties;

               (b)

               the terms ‘competition authority’ and ‘competition authorities’ mean:

                           (i)

                           for the European Community, the Commission of the European Communities, as to its responsibilities pursuant to the competition laws of the European Community; and

                           (ii)

                           for the Republic of Korea, the Korea Fair Trade Commission;

               (c)

               the term ‘competent authority of a Member State’ means one authority for each Member State of the European Community for the application of competition laws. Upon signature of this Agreement a list of such authorities will be notified by the Commission of the European Communities to the Government of the Republic of Korea. The Commission will notify to the Government of the Republic of Korea an updated list each time this becomes necessary;

               (d)

               the term ‘competition laws’ means:

                           (i)

                           for the European Community, Articles 81, 82, and 85 of the Treaty establishing the European Community, Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings, and their implementing Regulations as well as any amendments thereto; and

                           (ii)

                           for the Republic of Korea, the Monopoly Regulation and Fair Trade Act, and its implementing regulations as well as any amendments thereto;

               (e)

               the term ‘enforcement activities’ means any application of competition laws by way of investigation or proceedings conducted by the competition authority of a Party.

         Article 2
   Notifications
   1.   The competition authority of each Party shall notify the competition authority of the other Party with respect to the enforcement activities that the notifying competition authority considers may affect the important interests of the other Party.
   2.   Enforcement activities that may affect the important interests of the other Party and are relevant to enforcement activities of the other Party include inter alia:

               (a)

               enforcement activities against a national or nationals of the other Party (in the case of the European Community a national or nationals of the Member States of the European Community), or against a company or companies incorporated or organised under the applicable laws and regulations within the territory of the other Party;

               (b)

               enforcement activities against anticompetitive activities other than concentrations which also take place or took place in significant part within the other Party’s territory;

               (c)

               enforcement activities which involve a concentration in which one or more parties to the transaction is a company incorporated or organised under the applicable laws and regulations of the territory of the other Party;

               (d)

               enforcement activities which involve a concentration in which a company controlling one or more of the parties to the transaction is a company incorporated or organised under the applicable laws and regulations of the territory of the other Party;

               (e)

               enforcement activities which involve conduct believed to have been encouraged, required or approved by the other Party; and

               (f)

               enforcement activities which involve remedies that expressly require or prohibit conduct in the other Party’s territory or contain binding obligations for the undertakings in that territory.

         3.   Notifications with respect to concentrations pursuant to paragraph 1 of this Article shall be given:

               (a)

               in the case of the European Community:

                           (i)

                           when initiating proceedings pursuant to Article 6(1)c of Council Regulation (EC) No 139/2004;

                           (ii)

                           when issuing a Statement of Objections;

               (b)

               in the case of the Republic of Korea:

                           (i)

                           not later than the time when the competition authority produces a written request either to extend the period of review or to ask for submission of additional materials concerning concentrations with potential anti-competitive effects; and

                           (ii)

                           when issuing the examination report.

         4.   Where notification is required pursuant to paragraph 1 of this Article with respect to matters other than concentrations, notification shall be given:

               (a)

               in the case of the European Community:

                           (i)

                           when issuing a Statement of Objections;

                           (ii)

                           when adopting a decision or a settlement;

               (b)

               in the case of the Republic of Korea:

                           (i)

                           when issuing the examination report;

                           (ii)

                           when filing a criminal accusation;

                           (iii)

                           when adopting a decision.

         5.   Notifications shall include in particular the names of the parties to the investigation, the activities under examination and the markets they relate to, the relevant legal provisions and the date of the enforcement activities.
   Article 3
   Enforcement Cooperation
   1.   The competition authority of each Party shall render assistance to the competition authority of the other Party in its enforcement activities to the extent consistent with the laws and regulations of the Party rendering the assistance and the important interests of that Party, and within its reasonably available resources.
   2.   The competition authority of each Party shall, to the extent consistent with the laws and regulations of the Party, and the important interests of that Party:

               (a)

               inform the competition authority of the other Party with respect to its enforcement activities involving anti-competitive activities that the informing competition authority considers may also have an adverse effect on competition within the territory of the other Party;

               (b)

               provide the competition authority of the other Party with any significant information, within its possession and that comes to its attention, about anti-competitive activities that the providing competition authority considers may be relevant to, or may warrant, enforcement activities by the competition authority of the other Party; and

               (c)

               provide the competition authority of the other Party, upon request and in accordance with the provisions of this Agreement, with information within its possession that is relevant to the enforcement activities of the competition authority of the other Party.

         Article 4
   Coordination of enforcement activities
   1.   Where the competition authorities of both Parties are pursuing enforcement activities with regard to related matters, they shall consider coordination of their enforcement activities to the extent compatible with their respective laws and regulations.
   2.   In considering whether particular enforcement activities should be coordinated, the competition authorities of the Parties should take into account the following factors, among others:

               (a)

               the effect of such coordination on the ability of the competition authorities of both Parties to achieve the objectives of their enforcement activities;

               (b)

               the relative abilities of the competition authorities of the Parties to obtain information necessary to conduct the enforcement activities;

               (c)

               the possibility of avoiding conflicting obligations and unnecessary burdens for the persons subject to the enforcement activities;

               (d)

               the opportunity to make more efficient use of their resources through coordination.

         3.   In any coordinated enforcement activities, the competition authority of each Party shall seek to conduct its enforcement activities with careful consideration to the objectives of the enforcement activities by the competition authority of the other Party.
   4.   Where the competition authorities of both Parties are pursuing enforcement activities with regard to related matters, the competition authority of each Party shall consider, upon request by the competition authority of the other Party and where consistent with the important interests of the requested Party, inquiring whether companies/persons who have provided confidential information in connection with those enforcement activities will consent to the sharing of such information with the competition authority of the other Party (waiver of confidentiality).
   5.   Subject to appropriate notification to the competition authority of the other Party, the competition authority of either Party may, at any time, limit the coordination of enforcement activities and proceed independently on a specific enforcement activity.
   Article 5
   Conflict avoidance (Negative Comity)
   1.   The competition authority of each Party shall give careful consideration to the important interests of the other Party throughout all phases of its enforcement activities, including decisions regarding the initiation of enforcement activities, the scope of enforcement activities and the nature of sanctions or other relief sought in each case.
   2.   If a specific enforcement activity envisaged by a competition authority of one Party may affect the important interests of the other Party, the former, without prejudice to its full discretion, shall use its best endeavours:

               (a)

               to provide to the other Party timely notice of significant developments relating to the interests of the latter;

               (b)

               to give the other Party an opportunity to provide comments; and

               (c)

               to take into consideration the comments of the other Party, while fully respecting the independence of each Party to make its own decision.

         The application of paragraph 2 of this Article is without prejudice to the obligations of the Parties under paragraphs 3 and 4 of Article 2.
   3.   Where either Party considers that enforcement activities by its competition authority may adversely affect the important interests of the other Party, the Parties should consider the following factors, in addition to any other factor that may be relevant in the circumstances in seeking an appropriate accommodation of the competing interests:

               (a)

               the relative significance of the effects of the anticompetitive activities on the enforcing Party’s important interests as compared to the effects on the other Party’s important interests;

               (b)

               the relative significance to the anti-competitive activities of conduct or transactions occurring within the territory of one Party as compared to conduct or transactions occurring within the territory of the other Party;

               (c)

               the extent to which enforcement activities by the other Party with respect to the same persons, either natural or legal, would be affected;

               (d)

               the extent to which private persons, either natural or legal, will be placed under conflicting requirements by both Parties.

         Article 6
   Positive comity
   1.   If the competition authority of a Party believes that anti-competitive activities carried out in the territory of the other Party adversely affect the important interests of the former Party, such competition authority, taking into account the importance of avoiding conflicts regarding jurisdiction and taking into account that the competition authority of the other Party may be in a position to conduct more effective enforcement activities with regard to such anti-competitive activities, may request that the competition authority of the other Party initiate appropriate enforcement activities.
   2.   The request shall be as specific as possible about the nature of the anti-competitive activities and their effect on the important interests of the Party of the requesting competition authority, and shall include an offer of such further information and other cooperation as the requesting competition authority is able to provide.
   3.   The requested competition authority shall carefully consider whether to initiate enforcement activities, or whether to expand ongoing enforcement activities, with respect to the anti-competitive activities identified in the request. The requested competition authority shall inform the requesting competition authority of its decision as soon as practically possible. If enforcement activities are initiated, the requested competition authority shall inform the requesting competition authority of their outcome and, to the extent possible, of significant interim developments.
   4.   Nothing in this Article limits the discretion of the requested Party’s competition authority under its competition laws and enforcement policies as to whether or not to undertake enforcement activities with respect to the anti-competitive activities identified in the request, or precludes the requesting Party’s competition authority from withdrawing its request.
   Article 7
   Confidentiality
   1.   Notwithstanding any other provision of this Agreement, neither Party is required to communicate information to the other Party if such communication is prohibited by the laws and regulations of the Party possessing the information or if such communication would be incompatible with its important interests.

               2.

                           (a)

                           The European Community is not required to communicate to the Republic of Korea under the Agreement confidential information covered by Article 28 of Council Regulation (EC) No 1/2003, and Article 17 of Council Regulation (EC) No 139/2004, except for the information communicated in accordance with the provisions of Article 4(4) of this Agreement.

                           (b)

                           The Government of the Republic of Korea is not required to communicate to the European Community under the Agreement confidential information covered by Article 62 of the Monopoly Regulation and Fair Trade Act and Article 9 of the Disclosure of Information by Public Agencies Act, except for the information communicated in accordance with the provisions of Article 4(4) of this Agreement.

               3.

                           (a)

                           Information, other than publicly available information, communicated by a Party to the other Party pursuant to this Agreement shall be used by the receiving Party solely for the purpose of investigating anti-competitive activities under its competition laws in connection with the matter specified in the request.

                           (b)

                           When a Party communicates confidential information under this Agreement, the receiving Party shall, consistent with its laws and regulations, maintain the confidentiality of the communicated information.

         4.   A Party may require that information communicated pursuant to this Agreement be used subject to the terms and conditions it may specify. The receiving Party shall not use such information in a manner contrary to such terms and conditions without the prior written consent of the other Party.
   5.   Each Party may limit the information it communicates to the other Party when the latter Party is unable to give the assurance requested by it with respect to confidentiality, with respect to the terms and conditions it specifies, or with respect to the limitations of purposes for which the information will be used.
   6.   This Article shall not preclude the use or disclosure of information, other than publicly available information, by the receiving Party to the extent that:

               (a)

               the Party providing the information has given its prior written consent to such use or disclosure; or

               (b)

               there is an obligation to do so under the laws and regulations of the Party receiving the information. In such case, the receiving Party:

                           (i)

                           shall not take any action which may result in a legal obligation to make available to a third party or other authorities information provided in confidence pursuant to this Agreement without the prior written consent of the Party providing the information;

                           (ii)

                           shall, wherever possible, give advance notice of any such use or disclosure to the Party which provided the information and, upon request, consult with the other Party and give due consideration to its important interests; and

                           (iii)

                           shall, unless otherwise agreed by the Party which provided the information, use all available measures under the applicable laws and regulations to maintain the confidentiality of information as regards applications by a third party or other authorities for disclosure of the information concerned.

         7.   The competition authority of the European Community:

               (a)

               will inform the competent authorities of the Member State or Member States whose important interests are affected of the notifications sent to it by the Korean competition authority;

               (b)

               will inform the competent authorities of such Member State or Member States of any cooperation and coordination of enforcement activities; and

               (c)

               shall ensure that information, other than publicly available information, communicated to the competent authorities of the Member State or Member States pursuant to subparagraphs (a) and (b) above shall not be used for any purpose other than the one specified in Article 1(1) of this Agreement, as well as that such information shall not be disclosed.

         Article 8
   Consultation
   1.   The Parties shall consult with each other, upon request of either Party, on any matter which may arise in the implementation of this Agreement.
   2.   The competition authorities of the Parties shall meet at least once a year and may:

               (a)

               exchange information on their current enforcement efforts and priorities in relation to the competition laws of each Party;

               (b)

               exchange information on economic sectors of common interest;

               (c)

               discuss policy issues of mutual interest; and

               (d)

               discuss other matters of mutual interest relating to the application of the competition laws of each Party.

         Article 9
   Communications under the Agreement
   Communications under this Agreement may be carried out directly between the competition authorities of the Parties. Notifications under Article 2(3) and requests under Article 6(1) shall, however, be confirmed promptly in writing through diplomatic channels and shall contain the information initially exchanged between the competition authorities.
   Article 10
   Existing law
   1.   This Agreement shall be implemented within the respective laws and regulations of the Parties.
   2.   Nothing in this Agreement shall be construed to prejudice the policy or legal jurisdiction of either party regarding any issues related to jurisdiction.
   3.   Nothing in this Agreement shall be construed to affect the rights or obligations of either Party under other international agreements or under the laws of the Republic of Korea and the European Community.
   Article 11
   Entry into force, termination and review
   1.   This Agreement shall enter into force on the date when the Parties exchange written notifications that their respective legal requirements for the entry into force of this agreement have been fulfilled.
   2.   This Agreement shall remain in force until sixty (60) days after the date on which either Party notifies the other Party in writing through the diplomatic channel of its intention to terminate the Agreement.
   3.   The Parties shall consider reviewing the operation of this Agreement not later than five (5) years from the date of its entry into force, with a view to assessing their cooperative activities, identifying additional areas in which they could usefully cooperate and identifying any other ways in which the Agreement could be improved. The Parties agree that this review will include, among other things, an analysis of actual or potential cases to determine whether their interests could be better served through closer cooperation.
   4.   This Agreement may be amended with the mutual written consent of the Parties. Such amendment shall enter into force through the same procedures as set forth in paragraph 1 of this Article.

      In WITNESS WHEREOF, the undersigned, being duly authorised thereto by the respective Parties, have signed this Agreement.
      Done in duplicate, at Seoul on 23 May 2009 in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Korean languages. In case of divergence the English and Korean texts shall prevail over the other language texts.

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

         За правителството на Република Корея
         Por el Gobierno de la República de Corea
         Za vládu Korejské republiky
         For Republikken Koreas regering
         Für die Regierung der Republik Korea
         Korea Vabariigi Valitsuse nimel
         Για την Κυβέρνηση της Δημοκρατίας της Κορέας
         For the Government of the Republic of Korea
         Pour le gouvernement de la République de Corée
         Per il governo della Repubblica di Corea
         Korejas Republikas valdības vārdā
         Korėjos Respublikos Vyriausybės vardu
         A Koreai Köztársaság kormánya részéről
         Għall-Gvern tar-Repubblika tal-Korea
         Voor de Regering van de Republiek Korea
         W imieniu rządu Republiki Korei
         Pelo Governo da República da Coreia
         Pentru Guvernul Republicii Coreea
         Za vládu Kórejskej republiky
         Za Vlado Republike Korejo
         Korean tasavallan hallituksen puolesta
         På Republiken Koreas regerings vägnar


title: Commission Decision (EU) 2016/2063 of 24 November 2016 confirming the participation of Ireland in Regulation (EU) 2015/2219 of the European Parliament and of the Council on the European Union Agency for Law Enforcement Training (CEPOL)

text:
               25.11.2016

               EN

               Official Journal of the European Union

               L 319/46

         COMMISSION DECISION (EU) 2016/2063
   of 24 November 2016
   confirming the participation of Ireland in Regulation (EU) 2015/2219 of the European Parliament and of the Council on the European Union Agency for Law Enforcement Training (CEPOL)
   THE EUROPEAN COMMISSION,
   Having regard to Treaty on the Functioning of the European Union,
   Having regard to Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, and in particular Article 4 thereof,
   Whereas:

               (1)

               By letter to the President of the Council of 26 July 2016, Ireland notified its wish to participate in Regulation (EU) 2015/2219 of the European Parliament and of the Council (1).

               (2)

               There are no specific conditions attached to the participation of Ireland in the above mentioned Regulation and no need for transitional measures. The Commission notes that Ireland has established a CEPOL national unit according to Article 6 of Regulation (EU) 2015/2219.

               (3)

               The participation of Ireland in Regulation (EU) 2015/2219 should therefore be confirmed.

               (4)

               In order to allow Ireland to participate in CEPOL's activities as soon as possible, this Decision should enter into force on the day following that of its publication,

         HAS ADOPTED THIS DECISION:
   Article 1
   The participation of Ireland in Regulation (EU) 2015/2219 is confirmed.
   Article 2
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 24 November 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  Regulation (EU) 2015/2219 of the European Parliament and of the Council of 25 November 2015 on the European Union Agency for Law Enforcement Training (CEPOL) and replacing and repealing Council Decision 2005/681/JHA (OJ L 319, 4.12.2015, p. 1).


Avis juridique important

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32004D0316

2004/316/EC: Commission Decision of 5 April 2004 terminating the investigation into the alleged circumvention of anti-dumping measures imposed by Council Regulation (EC) No 2320/97, as last amended by Council Regulation (EC) No 235/2004, on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Russia and of anti-dumping measures imposed by Council Regulation (EC) No 348/2000, as last amended by Council Regulation (EC) No 1515/2002 on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Ukraine by wrong declaration of imports of the same product and by imports of certain seamless pipes and tubes of alloy steel, other than stainless steel, originating in Russia and Ukraine and terminating the registration of such imports imposed by Commission Regulation (EC) No 1264/2003

Official Journal L 100 , 06/04/2004 P. 0045 - 0047

Commission Decisionof 5 April 2004terminating the investigation into the alleged circumvention of anti-dumping measures imposed by Council Regulation (EC) No 2320/97, as last amended by Council Regulation (EC) No 235/2004, on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Russia and of anti-dumping measures imposed by Council Regulation (EC) No 348/2000, as last amended by Council Regulation (EC) No 1515/2002 on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Ukraine by wrong declaration of imports of the same product and by imports of certain seamless pipes and tubes of alloy steel, other than stainless steel, originating in Russia and Ukraine and terminating the registration of such imports imposed by Commission Regulation (EC) No 1264/2003(2004/316/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1), as last amended by Regulation (EC) No 461/2004(2), and in particular Article 9 thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE1. Existing measures(1) By Council Regulation (EC) No 2320/97(3), as last amended by Council Regulation (EC) No 235/2004((4)), and by Regulation (EC) No 348/2000(5), as last amended by Regulation (EC) No 1515/2002(6), (the original Regulations), the Council imposed definitive anti-dumping duties of 26,8 % on imports of certain seamless pipes and tubes of iron or non-alloy steel originating, inter alia, in Russia and of 38,5 % on imports of certain seamless pipes and tubes of iron or non-alloy steel originating, inter alia, in Ukraine.(2) On 23 November 2002, the Commission initiated an interim and expiry review of the abovementioned measures concerning imports from Russia(7) pursuant to Articles 11(2) and 11(3) of Regulation (EC) No 384/96 (the basic Regulation) and an interim review of the abovementioned measures concerning imports from Ukraine(8) pursuant to Article 11(3) of the basic Regulation. These investigations are still ongoing.2. Request(3) On 2 June 2003, the Commission received a request pursuant to Article 13(3) of the basic Regulation to investigate the alleged circumvention of the anti-dumping measures imposed on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Russia and Ukraine. The request was submitted by the Defence Committee of the Seamless Steel Tube Industry of the European Union (the Applicant) on behalf of producers representing a major proportion, i.e. over 50 % of the Community production of certain seamless pipes and tubes of iron or non-alloy steel.(4) The request contained sufficient prima facie evidence that there had been a significant change in the pattern of trade, as imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Russia and Ukraine have decreased substantially following the imposition of measures on the products concerned, while certain seamless pipes and tubes of alloy steel, other than stainless steel, declared under Combined Nomenclature(9) (CN) codes 7304 59 91 and 7304 59 93 and originating in Russia and Ukraine had increased during the same time span.(5) This change in the pattern of trade was alleged to stem either from the practice that minimal quantities of other substances are being added to the product concerned, so that they fall outside the CN codes corresponding to the definition of the products subject to the measures (CN codes ex 7304 10 10, ex 7304 10 30, 7304 31 99, 7304 39 91 and 7304 39 93 ), notwithstanding the fact that the basic characteristics and uses of the products remain unchanged, or from the practice of wrongly declaring the product concerned under CN codes outside the scope of the anti-dumping measures. It was further alleged that there was insufficient due cause or economic justification for these practices other than the existence of the anti-dumping duties on certain seamless pipes and tubes of iron or non-alloy steel originating in Russia and Ukraine.(6) Finally, the Applicant alleged that the remedial effects of the existing anti-dumping duties on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Russia and Ukraine were being undermined, both in terms of quantities and prices, and that dumping was taking place in relation to the normal values previously established.3. Initiation(7) By Commission Regulation (EC) No 1264/2003(10) (the initiating Regulation), the Commission initiated an investigation into the alleged circumvention of the anti-dumping measures imposed on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Russia and Ukraine and, pursuant to Articles 13(3) and 14(5) of the basic Regulation, directed the customs authorities to register imports of certain seamless pipes and tubes of iron or non-alloy steel, and of certain seamless pipes and tubes of alloy steel, other than stainless steel declared under CN codes 7304 59 91 and 7304 59 93 and originating in Russia and Ukraine as from 17 July 2003.4. Investigation(8) The Commission advised the authorities of Russia and Ukraine of the initiation of the investigation. Questionnaires were sent to the producers and exporters in Russia and Ukraine as well as to the importers in the Community named in the request or known to the Commission from the previous investigations. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the initiating Regulation.(9) Replies to the questionnaires were submitted by five producers in Russia, three producers in Ukraine, one exporter in Russia, two exporters in Ukraine and one trader in Switzerland. Replies to the questionnaire were also submitted by eight traders/importers in the Community. The Commission carried out verification visits at the premises of the following companies:Russian producers:- Taganrog Mettalurgical Works, Taganrog, Russia,- OJSC Volzhsky Pipe Works, Volzskhy, Russia;Russian exporter:- CJSC Trade House TMK, Moscow, Russia;Ukrainian producers:- Dnepropetrovsk Tube Works, Dnepropetrovsk, Ukraine,- Nizhnedneprovsky Tube Rolling Plant, Dnepropetrovsk, Ukraine,- Nikopolsky Seamless Tubes Plant, Dnepropetrovsk, Ukraine;Ukrainian exporters:- Scientific Production Investment Group, Dnepropetrovsk, Ukraine;- AACS, Dnepropetrovsk, Ukraine;Trader related to the Ukrainian company Scientific Production Investment Group:- Sepco S.A, Lugano, Switzerland;Unrelated importers/traders in the Community:- RWH, Germany,- Eurosinara SRL, Italy,- Merigo SPA, Italy.5. Investigation period(10) The investigation period covered the period from 1 July 2002 to 30 June 2003 (the IP). Data was collected from the year 2000 up to the IP to investigate the change in the pattern of trade.B. WITHDRAWAL OF THE REQUEST AND TERMINATION OF THE INVESTIGATION(11) By a letter of 9 February 2004, the applicant formally withdrew its request to investigate the alleged circumvention of the anti-dumping measures imposed on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Russia and Ukraine.(12) An investigation of alleged circumvention of anti-dumping measures may, in cases where the request for investigation has been withdrawn, be terminated. By the analogous application of the provisions of Article 9(1) of the basic Regulation, such termination may take place unless such termination would not be in the Community interest.(13) The Commission considered that, in the absence of information showing that termination of the investigation would not be in the Community interest, the present investigation should be terminated. Interested parties were informed accordingly and were given the opportunity to comment. No comments were received indicating that such termination would not be in the Community interest.(14) The Commission therefore concludes that the anti-circumvention investigation concerning imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Russia and Ukraine by imports of certain seamless pipes and tubes of alloy steel, other than stainless steel, normally declared under CN codes 7304 59 91 and 7304 59 93 or by wrong customs declarations, should be terminated.(15) The registration of imports of certain seamless pipes and tubes of iron or non-alloy steel, and of certain seamless pipes and tubes of alloy steel, other than stainless steel declared under CN codes 7304 59 91 and 7304 59 93 and originating in Russia and Ukraine, introduced by the initiating Regulation should therefore be discontinued and that Regulation be repealed,HAS DECIDED AS FOLLOWS:Article 1The investigation initiated by Commission Regulation (EC) No 1264/2003 concerning the alleged circumvention of anti-dumping measures imposed by Council Regulation (EC) No 2320/97, as last amended by Council Regulation (EC) No 235/2004, on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Russia and of anti-dumping measures imposed by Council Regulation (EC) No 348/2000, as last amended by Council Regulation (EC) No 1515/2002 on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Ukraine by wrong declaration of imports of the same product and by imports of certain seamless pipes and tubes of alloy steel, other than stainless steel, declared under CN codes 7304 59 91 and 7304 59 93 and originating in Russia and Ukraine, and making such imports subject to registration, is hereby terminated.Article 2Commission Regulation (EC) No 1264/2003 is hereby repealed.Article 3This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.Done at Brussels, 5 April 2004.For the CommissionPascal LamyMember of the Commission(1) OJ L 56, 6.3.1996, p. 1.(2) OJ L 77, 13.3.2004, p. 12.(3) OJ L 322, 25.11.1997, p. 1.(4) OJ L 40, 12.2.2004, p. 11.(5) OJ L 45, 17.2.2000, p. 1.(6) OJ L 228, 24.8.2002, p. 8.(7) OJ C 288, 23.11.2002, p. 2.(8) OJ C 288, 23.11.2002, p. 11.(9) OJ L 290, 28.10.2002, p. 1.(10) OJ L 178, 17.7.2003, p. 9.


Avis juridique important

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31999D0440

1999/440/CFSP: Council Decision of 6 July 1999 concerning the extension of joint action 97/289/CFSP on the establishment of a European Union assistance programme to support the Palestinian Authority in its efforts to counter terrorist activities emanating from the territories under its control

Official Journal L 171 , 07/07/1999 P. 0001 - 0001

COUNCIL DECISIONof 6 July 1999concerning the extension of joint action 97/289/CFSP on the establishment of a European Union assistance programme to support the Palestinian Authority in its efforts to counter terrorist activities emanating from the territories under its control(1999/440/CFSP)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 14 thereof,Whereas:(1) On 29 April 1997 the Council adopted joint action 97/289/CFSP(1) on the establishment of a European Union assistance programme to support the Palestinian Authority in its efforts to counter terrorist activities emanating from the territories under its control;(2) The said joint action, which appointed a European Union adviser, expires on 29 April 2000;(3) The results of the mid-term review of the said joint action confirmed that the Union's assistance programme had made an important contribution to the objectives pursued by the European Union of supporting the Palestinian Authority in its efforts to counter terrorist activities emanating from the territories under its control;(4) Delays have occurred in the start of the implementation of several activities contained in the Union's assistance programme and, as a result of this, the duration of these activities will probably exceed the duration of joint action 97/289/CFSP;(5) Continuity in the implementation of these several activites is deemed important in order to achieve the objectives pursued by the Union;(6) On 26 October 1998 the Council extended the mandate of the EU Special Representative for the Middle East peace process (MEPP), Mr Moratinos, to include security questions; in such circumstances it is important to ensure coordination and coherence of the Union approach,HAS DECIDED AS FOLLOWS:Article 1joint action 97/289/CFSP is hereby extended until 31 May 2002.Article 2The European Union adviser and the European Union Special Representative for the MEPP shall coordinate their action in the field of security cooperation to ensure coherence of Union action in support of the MEPP.Article 3joint action 97/289/CFSP will be reviewed no later than 30 June 2000 with a view to the possible adoption of a multi-annual programme and the establishment of a financial indicative amount for the remaining period.Article 4This Decision shall take effect on the date of its adoption.It shall be published in the Official Journal.Done at Brussels, 6 July 1999.For the CouncilThe PresidentT. HALONEN(1) OJ L 120, 12.5.1997, p. 2.


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74/55/EEC: Commission Decision of 22 January 1974 conferring powers to carry out measures of control in Member States in respect of Community revenue and expenditure

Official Journal L 034 , 07/02/1974 P. 0028 - 0029 Finnish special edition: Chapter 1 Volume 1 P. 0108  Swedish special edition: Chapter 1 Volume 1 P. 0108

COMMISSION DECISION  of 22 January 1974  conferring powers to carry out measures of control in Member States in respect of Community revenue and expenditure  (74/55/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities;  Having regard to the provisional Rules of Procedure of the Commission of 6 July 1967, as last amended by the Decision of 6 January 1973;  Whereas Council Regulation (EEC) No 729/70 (1) of 21 April 1970 on the financing of the common agricultural policy provides in subparagraphs 3 and 4 of Article 9 (2) that the Commission can request Member States to carry out verifications or inquiries in which it may, in certain circumstances, invite administrative authorities of other Member States to participate;  Whereas Council Regulation (EEC, Euratom, ECSC) No 2/71 (2) of 2 January 1971 implementing the Decision of 21 April 1970 on the replacement of financial contributions from Member States by the Communities' own resources provides in the first subparagraph of Article 14 (2) that the Commission can ask Member States to carry out additional measures of control or ask to be associated with measures of control which they are carrying out;  Whereas Council Regulation (EEC) No 283/72 (3) of 7 February 1972 concerning irregularities and the recovery of sums wrongly paid in connection with the financing of the common agricultural policy and the organization of an information system in this field provides in the first subparagraph of Article 6 (1) that, where it considers that irregularities or negligence have taken place, the Commission may request the Member State concerned to hold an administrative inquiry;  Whereas Council Regulation (EEC) No 858/72 (4) of 24 April 1972 on certain administrative and financial procedures for the operation of the European Social Fund provides in Article 5 (3) that the Commission may request Member States to carry out verifications or inquiries in which it may, in certain circumstances, invite administrative authorities of other Member States to participate;  Whereas, if these powers are to be effectively utilized, the Commission must be able to take the necessary measures within a very short time ; whereas, to this end powers should be conferred on the Member of the Commission with responsibility for financial control, acting on behalf and under the responsibility of the Commission and with the approval of the President and of the Member of the Commission with responsibility for Community revenue and expenditure concerned and the drawing up of the applicable customs provisions;  Whereas such powers shall be subject to Commission supervision and exercised in accordance with guidelines laid down by the Commission;  (1)OJ No L 94, 28.4.1970, p. 13. (2)OJ No L 3, 5.1.1971, p. 1. (3)OJ No L 36, 10.2.1972, p. 1. (4)OJ No L 101, 28.4.1972, p. 3.   Whereas the Commission shall be informed whenever the powers conferred are exercised;  Whereas this conferring of powers shall not preclude discussion of any matter by the whole Commission whenever it shall consider this to be necessary,  HAS DECIDED AS FOLLOWS:    Article 1 1. The Member of the Commission with responsibility for financial control, acting with the approval of the President, the Member with responsibility for the auditing of the revenue and expenditure concerned, and of the Member with responsibility for drawing up the applicable customs provisions, shall be empowered, in accordance with guidelines laid down by the Commission, to take the implementing measures under Article 9 (2), subparagraphs 3 and 4 of Regulation (EEC) No 729/70, under Article 14 (2), subparagraph 1 of Regulation (EEC, Euratom, ECSC) No 2/71, under Article 6 (1), subparagraph 1 of Regulation (EEC) No 283/72, and under Article 5 (3) of Regulation (EEC) No 858/72.  Where the matter is urgent and in the absence of the Members thus empowered, with the exception of the Member with responsibility for financial control, approval may be given by the Directors-General or heads of department with responsibility for the revenue and expenditure concerned and the drawing up of the applicable customs provisions.  In the absence of the President, approval may be given by the President's Chef de Cabinet.  2. The Member of the Commission empowered under paragraph 1 shall act on behalf and under the responsibility of the Commission. He shall inform the Commission of the decision taken.  3. Each measure taken under paragraph 1 of this Article shall be communicated to the Commission.   Article 2 This Decision shall enter into force on 23 January 1974.     Done at Brussels, 22 January 1974.  For the Commission  The Vice-President  W. HAFERKAMP