title: Recommendation for a COUNCIL REGULATION (EEC) on the conclusion of an Agreement in the form of a Community tariff quota in favour of Malta for certain prepared or preserved bovine meat falling within subheading ex 16.02 of the Common Customs Tariff

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 312
Vol. 1978/0112
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(78)312 final
                                                   Brussels , 28 June 1978
                                    Recommendation for a
                             COUNCIL REGULATION ( EEC )         / 78
       on the conclusion of an Agreement in the form of a Community tariff
       quota in favour of Malta for certain prepared or preserved bovine
       meat falling within subheading ex 16.02 of the Common Customs Tariff
                                  "    ' \
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               1;. ' ' ? :                 _
C0M(78) 312 final . <;£ '             <
 ---pagebreak---              COMMISSION COMMUNICATION TO THE COUNCIL
1.        Article 7 of the Additional Protocol to the Agreement establishing
an association between the European Economic Community and Malta , which was
signed on 27 October 1977, stipulates that for preserved meat falling within
tariff subheading ex 16.02 the Community shall open, for the period 1 July
1977 to 30 June 1978, a Community tariff quota free of customs duties of      *
the volume of 6,50 tonnes . A derogation from the rules of origin in Annex II
to the Origin Protocol is granted in respect of the same product until.
30 June 1978 .                    '            •
                             •>
2.        In notes Verbales of 16 and 26 May 1978 to the Commission , the
Government of Malta requested an extension of these provisions until 30"June
1979 ..              .     .        '
3.        Tne Commission considers that in order to take, account of Matla 's
special situation, new arrangements should be made in its favour in aspect
of the product in question, for the period from 1 July 1978 to 30 June 1979
in the form of a tariff preference of 80 % from 1 July to 31 December 1978
and 60 % from 1 January to 30 June 1979 , within the limit of a Community
                                (1)
tariff quota of 650 tonnes
4.        The Commission submits to the Council herewith a proposal for a regu
lation concluding an exchange of letters to that effect , and a proposal for
a regulation opening the above-mentioned Community tariff quota . The- Council
is requested to take a decision as soon as possible, in order that the
regulations can enter into force in July . ;
( 1 ) As regard the question'of origin rules, Maltese producers are now able
      to obtain raw material supplies on the Community Market .
 ---pagebreak---                    . Regulation for a
                 Council Regulation ( EEC )     / 78
        on the conclusion of an Agreement in the form of
           an exchange of letters on the opening of a
  Community tariff quota 'in favour of Malta for certain prepared
     or preserved bovine meat falling within subheading
              ex 16.02 of the Common Customs Tariff –<■
                                                (           ;
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
         Λ                          /                                       *
                      "               •     I                  -
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 113 thereof .
V                                             I
Having regard, to the recommendation from the Commission,
Whereas it is necessary to establish preferential arrangements for imports
into the Community of certain prepared bovine meat originating^ in Malta ,
HAS ADOPTED THIS REGULATION :
   I
                              Article 1
          The Agreement in the form of an exchange of letters on the opening of
a Community tariff quota in favour of Malta for certain prepared or preserved
bovine meat falling within subheading ex 16.02 of the Common Customs tariff
hereby approved on behalf of the Community .
          The text of the Agreement is annexed to thi s Regulation .
 ---pagebreak---                                                                    2.
                          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
        This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Communities .
     V                            •        '
                          This Regulation shall be binding in its entirety *
                          and directly applicable in all Member States .
                                                         - 4 -
Done at
                                      For the Council
                                       The President
 ---pagebreak---              Agreement in the form of an exchange
                 of letters on the opening of a
               Community tariff quota in favourof
      Malta for certain prepared or preserved bovine meat
      falling . within subheading ex 16.02 of the Common
                         Customs Tariff
                          Letter N° 1    . ■     . - .
Sir-
         I have the honour to, refer to Article 7 of the Additional protocol
                                              \        •             -\
to the Agreement establishing an association between the European Economic
Community and Malta , concerning arrangements for the importation into the
Community of preserved meat , which expire on 30 June 1978 ,* and to the Maltese
Government 's request dated 26 May 1978 for the extension of these arrangements
for these products until 30 June 1979 .
         I have the honour to inform you that the Community is willing to .
open a Community tariff quota of 650 tonnes for certain prepared or preserved
bovine meat fallirrg within subheading ex 16.02 B III b ) 1 bb ) of the Common
Customs tariff , originating in Malta , for the period from the completion of
the procedure for bringing this Agreement into force until 30 June 1979 .
Customs duties on imports of these products into the Community will be
reduced by 80% from the same date until 31 December 1978 ; they will be reduced
by 60% from 1 January 1979 to 30 June 1979 .
        I should be grateful if you would inform me of your Government 's
agreement to the contents of this letter .
        Please accept , Sir , the assurance of my highest consideration .
                       *   *•                                                i
                                    On behalf of the Council
                                   of the European Communities
 ---pagebreak---                            Letter N° 2
 Sir-
          I have the honour to acknowledge your Letter of today 's date in         . j
 which you inform me as follows :
 .       I have the honour to refer to Article 7 of the Additional protocol           !
to the Agreement establishing an association between the European Economic            i
Community and Malta , concerning arrangements for the importation into the
Community of preserved meat > which expire on , 30 June 1978 , and to the Maltese ' •
Government 's request   dated 26 May 1978 for the extension of these arrangements
for these products until 30 June 1979 .       -----                          ».
    v   I have the honour to inform you that the Community is willing to. .            |
open a Community tariff quota of 650 tonnes for certain prepared or preserved
bovine meat falling 'with \rr subheading ex 16.02 B III b ) ^ bb ) of the Common
Customs tariff, originating in Malta , for the period from the completion of the
Drocedure for bringing this Agreement into force until 30 June 1979 .      Customs
duties on imports of these products into the Community will be reduced by 80%
from the same date until 31 December 1978 ;     they will be reduced by 60% from •
1 January 1979' to 30 June 1979 .                                                   '
        I should be grateful if you would inform me of your Government 's
agreement to the contents of this letter .
         I have the honour to advise you of my Government 's agreement to the
contents of the above letter .
         Please accept . Sir , the assurance of my highest consideration .
                                        On behalf of the Government of Malta .
 ---pagebreak---                                                         Proposa L for a
                                             COUNCIL RÉGÜLATÍON (EEC) NO . . ./ 78
                                                         Of   ■■!■>«>
                        opening, allocating and providing for the administration of a Community tariff quota
                       for certain prepared or preserved bovine meat falling within heading No ex 16.02 of the
                                         Common Customs Tariff, originating in Malta ( 1978 1 79 )
          THE COUNCIL OF THE EUROPEAN COMMUNITIES,                    ber States until the quota has been used up; whereas
                                                                      having regard to the principles mentioned above the
          Having regard to the Treaty establishing the Euro          Community nature of the quota might be respected
'         pean Economic Community, and in particular
                                                                      by means of a system of use of the Community tariff
•         Article          113 thereof,                               quota based on allocation among the Member States;
                                                                      whereas to represent as closely as possible the actual
                                                                      state of the market in the products in question, allo
           Having regard to the proposal from the Commission,         cation should be proportionate to the requirements
                                                                      of the Member States as calculated from both statis
           Whereas the Agreement in the form of an tics on imports from Malta during a representative
  exchange of letters between the European Econo reference period and the economic outlook for the
  mic Community and Malta lays down that the Com tariff period in question;
  munity is to open a Community tariff quota of
  650 tonnes at reduced duty rates for certain
  prepared and preserved bovine meat , originating Wherea* the Community statistics available provide
  in M^lta , falling within - subheading -e)t- 16.02 B                no information on the situation of the products in
  HI b ) I bb ) of the Common Customs Tariff ; where "question on Member-States' markets ; whereas how
  as the tariff preference in question is to apply ever it may be taken that those products are market
  from the date of entry into force of the Regu                      ed almost exclusively in one Member State; whereas
  lation bringing the said Agreement into effect consequently, to ensure a fair allocation of the quota
  until 30 June 1979 ; •                                              volume among the Member States, each Member
                                                                      State should take a significant part of the quota
                                                                      volume, making due allowance for the situation
                                                                      referred to above:
           whereas the rules of originilaid down in the Pro
          tocol concerning the definition of the concept of 'ori
           ginating products' and methods of administrative
          cooperation annexed to the Protocol laying down
          certain provisions relating to the Agreement estab         Whereas, to take account of the development of im
          lishing an association between the European Econ           ports into the various Member States of the products
          omic Community and Malta (I ); are applicable ;             concerned, the quota volume should be divided into
                                                                      two instalments, the first being shared among the
                                                                      Member States and the second held as a reserve to
          whereas consequently a Community tariff cover the subsequent requirements of those Member
                                                                      States which have used up their initial share; whereas
          quota of 650 tonnes should be opened for to give each •Member State's importers some degree
          the Deriod in question ;                                    of certainty, the first instalment of the Community
                                                                      quota might be fixed at approximately 90 % of the
           Whereas it is in particular necessary to ensure equal      quota volume;
          and uninterrupted access to the abovementioned
          quota for all Community importers and uninterrupted
           application of the rates laid down for that quota to
          all imports of the products concerned into all Mem-         Whereas the initial shares of Member States may be
                                                                      used up at varying speeds; whereas accordingly to
                                                                      avoid any discontinuity any Member State which has
                                                                      qlmost used up its initial share must take an ad
                                                                      ditional share from the reserve; whereas this must be
            ( 1 ) 0J No L 111 - 28.4.1976 / p : 3 .                   done by each Member State as each one of its ad
                                                                      ditional shares is almost used up and as many times
                                                                      as the reserve allows; whereas the initial and ad
                                                                      ditional shares must apply until the end of the quota
 ---pagebreak---  period; whereas this form of administration requires
 close collaboration between the Member States and
 the Commission and -the Commission must be able
 to monitor the extent to which the quota volume has
 been used up and inform the Member States thereof;
  Whereas if at a given date in the quota period a con
  siderable quantity of the initial share is left over in a
  Member State it is essential that the Member State
  concerned should return a significant proportion to
  the reserve to prevent a part of the Community quota
  from remaining unused in one Member State while it
  could be used in others;
  Whereas since the Kingdom of Belgium, the Kingdom
  of the Netherlands and .the- Grand Duchy of Luxem
  bourg are united in and represented by the Benelux
  Economic Union any measure concerning the admin
   istration of the quota shares allocated to that eco
  nomic union may be carried out by any one of its
   members,
   HAS ADOPTED THIS REGULATION:
                           Article 1                            ' :
                         and
    1.    From 1 •••' until 30 June 1979 the Com
    mon Customs Tariff duty on the products indicated               ^     o■ n
   below, originating in Malta, shall be reduced to the Level given
  below in respect of a Community tariff quota of
650 tonnes:                                                                 Customs Tariff duties applicable
                                            '        •'       t                    for the period
         CCT
                                                                from             1978     ,       from 1,1.1979
        heading
          No
                                      Description                until 31.12.1978                 until 30.6.1979
         16.02      Other prepared or' preserved meat or
                    meat offal :
                    B. Other :
                       III. Other :                       -
                            b) Other :
                                 1. Containing bovine meat or
                                    offal :                                                           10.4%
                                                                         5.2%
                                    bb) Other
                                                        definition
       2.       The Protocol concerning the                   ^     of the concept o     origma ing
       products' and methods of administrative cooperation annexed to the Protocol
        laying down certain provisions relating .to the Agreement establishing an
       association between the European Economic Community and Malta is applicable .
 ---pagebreak---                               Article 2
                                   :    600  •
  1.     A first instalment of / tonnes of the Com
  munity tariff quota referred to in Article 1 shall be al
  located among the Member States; the respective
  shares which subject to Article 5 shall be valid until
  30 June 1979 shall be as follows:
           Bénélux                          5 tonnes,
           Denmark                          5 tonnes,
        . Germany                           5 tonnes,
           France                           5 tonnes,
       / Ireland                            5 tonnes,
           Italy                            5 tonnes,
           United Kingdom                570 tonnes.
  2. A The second instalment of 50 tonnes shall consti
  tute the reserve. ■
                              Article 3
  1.     If 90 % or ftiore of the initial share of a Mem
  ber State, as laid down in Article 2 ( 1 ), or of that
  share less the amount returned to the reserve if
  Article 5 is applied, has been used up, that Member
  State shall without delay, by notifying the Commis
  sion, take a second share equal to 15 % of its initial
  share rounded up to the next unit, in so far as the re
  serve permits.
  2.     If after its initial share has been exhausted 90 %
  or more of the second share taken by a Member State
  has been used, that Member State shall in accordance
- with the conditions laid down in paragraph 1 take a
  third share equal to 7-5 % of its initial share rounded
  up to the next unit.
  3.     If after its second share has been exhausted
  90 % or more of the third share taken by a Member
 ---pagebreak---  State has been used , that Member State shall, in the         The Commission shall notify Member States not later
 same way, take a fourth share equal to the third .            than 5 May 1979 of the amount in the reserve after
                                                               the return of shares pursuant to Article 5 .
This process shall be applied until the reserve is ex
 hausted .                                                     The Commission shall ensure that any share taken
                                                               which uses up the reserve is limited to the balance
4.     Notwithstanding paragraphs 1 , 2 and 3 , the            available and, for this purpose, shall specify the
 Member States may take shares smaller than those              amount thereof to the Member State which takes the
 fixed in those paragraphs if there is reason to believe       last share.
that they might not be used up. They shall inform the
Commission of the reasons which led them to apply
 this paragraph.                                                                      Article 7
                                                               1.    The Member States shall take all appropriate
                          Article 4
                                                               measures to ensure that when additional shares are
                                                              taken out pursuant to Article 3 it is possible for
                                                              quantities to be charged , without interruption against
Additional shares taken pursuant to Article 3 shall           their accumulated shares of the Community quota.
apply until 30 June 1979 B                                                                                ίί
                                                              2.     The Member States shall ensure that importers
                                                              of the products in question established in their terri
                          Article S                           tory have free access to the shares allocated to them.
                                                              3.     The extent to which a Member State has used
The Member States shall return to the reserve not
                                                              up its share shall be determined on the basis of"the
later than 1 May 1979 the unused portion of their in         imports originating in Malta entered with customs
itial shares which on 15 April 197') is in excess of          authorities for home use.
20 % of the initial amount. They may return a great
er amount if there are grounds for believing that                                              4                 t
amount may not be used up.
     0
                                                                                Article 8
The Member States shall notify the Commission not             At the request of the Commission, Member States
later than 1 May 197 9of the total imports of the             shall inform it of imports actually charged against
products in question effected up to 15 April 1979 in         their shares .
clusive and charged against the Community quota
and of any portion of. their initial shares which they
                                                                                Article 9
are returning to the reserve.
                                                              The     Member States    and    the Commission      shall
                          Article 6                           cooperate closely in order to ensure that this Regula
                                                              tion is observed.
The Commission shall keep account of the quota
                                                                                Article 10
shares opened by Member States in accordance with
Articles 2 and 3 and shall inform each of them of the
 extent to which the reserve has been used as soon as         This Regulation shall enter into force         ^ he S arr.e
 it receives the notifications.                               day__as .Counci L Regulation ( EEC) No
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels,
                                                                                For the Council
                                                                                The President


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31974H0184

74/184/EEC: Commission Recommendation of 7 March 1974 addressed to the French Government on measures taken by the latter to implement Council Regulation (EEC) Nos 516/72 and 517/72 of 28 February 1972 (Road passenger transport between Member States)

Official Journal L 094 , 04/04/1974 P. 0020 - 0021

COMMISSION RECOMMENDATION  of 7 March 1974  addressed to the French Government on measures taken by the latter to implement Council Regulation (EEC) Nos 516/72 and 517/72 of 28 February 1972 (Road passenger transport between Member States)  (74/184/EEC)    1. The Office of the French Permanent Representative to the European Communities has, by letter dated 22 August 1973, forwarded to the Commission a circular which was addressed, on 10 October 1972 to the national control bodies informing them of the contents of Council Regulation (EEC) No 516/72 (1) of 28 February 1972 on the introduction of common rules for shuttle services by coach and bus between Member States, and Council Regulation (EEC) No 517/72 (2) of 28 February 1972 on the introduction of common rules for regular and special regular services by coach and bus between Member States. The circular also names the authority to which applications regarding shuttle services and regular and special regular services should be made and states that that authority is empowered to issue the corresponding authorizations.  In its covering letter the Office of the French Permanent Representative expressed the view that the circular was sufficient and that there was no need to take further steps.       2. That communication to the Commission from the Office of the French Permanent Representative is deemed to be consultation of the Commission within the meaning of Article 24 of Regulation (EEC) No 516/72 and Article 22 of Regulation (EEC) No 517/72.       3. The Commission notes that by issuing the circular in question France took the measures which she considered necessary for the implementation of the aforementioned Community Regulations.       4. Before stating its position regarding the contents of the circular, the Commission would make the following general remark:  Article 24 of Regulation (EEC) No 516/72 and Article 22 of Regulation (EEC) No 517/72, lay down that the Member States shall, before 1 October 1972, and after consulting the Commission, adopt such laws, regulations or administrative positions as may be necessary for the implementation of these Regulations.  However, the circular, dated 10 October 1972, was only forwarded to the Commission for consultation on 22 August 1973.  The Commission regrets to record that, in these circumstances, the competent French authorities can have had no opportunity of ascertaining its opinion before adopting the text of the circular and that consequently the aim of the procedure established by the Community provisions referred to above was not realised.       5. With regard to the contents of the circular the Commission makes the following recommendation:  In accordance with its penultimate paragraph, the circular applies only to transport between the original Member States. However, Council Regulation (EEC) No 2442/72 of 21 November 1972, postpones for the new Member States, the application of Regulation (EEC) No 516/72 on the introduction of common rules for shuttle services by coach and bus between Member States and of Regulation (EEC) No 517/72 (3) on the introduction of common rules for regular and special regular services by coach and bus between Member States and renders Regulation (EEC) Nos 516/72 and 517/72 applicable from 1 July 1973 in the new Member States.  It is therefore recommended to the French Government that it should rectify the circular so that from 1 July 1973 it also becomes applicable to the relevant transport between France and the new Member States.       6. With regard to the transfer of an authorization or of a regular or special regular service, the Commission considers that in order to satisfy the requirements of Article 22 of Regulation No 517/72, it should be explicitly stated in the implementing provisions that, as the interpretation of certain general provisions in force in France indicates, the transfer of an authorization or of a regular or special regular service are prohibited.  It is therefore recommended to the French Government that it should stipulate in the implementing  (1)OJ No L 67, 20.3.1972, p. 13. (2)OJ No L 67, 20.3.1972, p. 19. (3)OJ No L 265, 24.11.1972, p. 7.  measures that an authorization or the regular service or the special regular service may not be transferred.       7. In all other respects the circular corresponds, both in spirit and in general content, to the requirements of the aforementioned Community Regulations. Done at Brussels, 7 March 1974.  For the Commission  The President  François-Xavier ORTOLI


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52003SC0116

Recommandation from the Commission to the Council in order to authorise the Commission to participate in the negotiations of an international legally binding instrument to promote and protect the rights and dignity of persons with disabilities  /* SEC/2003/0116 final */

RECOMMANDATION FROM THE COMMISSION TO THE COUNCIL in order to authorise the Commission to participate in the negotiations of an international legally binding instrument to promote and protect the rights and dignity of persons with disabilitiesEXPLANATORY MEMORANDUMThe purpose of this Recommendation to the Council is to authorise the Commission to negotiate in the context of the forthcoming sessions of the United Nations Ad Hoc Committee established to "consider the proposals for a comprehensive and integral international convention to protect and promote the rights and dignity of persons with disabilities" and to conduct these negotiations on behalf of the European Community. The Community competence is based on Article 13 of the EC Treaty, which enables the Community to take initiatives to combat discrimination on the grounds of disability. The Community has already made use of these new provisions, in particular in the areas of employment and occupation.1. BackgroundDisability issues have been considered on several occasions in the UN history. In the 1970's, two declarations, the Declaration on the Rights of Mentally Retarded Persons (DRMRP) [1] and the Declaration on the Rights of Disabled Persons (RDP) [2], were the first instruments in which the human rights of persons with disabilities were explicitly recognised. Although these declarations constituted important first steps toward awareness of disability rights, they were criticised for being based on outmoded medical and welfare models of disability.[1]  Proclaimed by General Assembly resolution 2856 (XXVI) of 20 December 1971,   http://www.unhchr.ch/html/menu3/b/ m_mental.htm[2]  Proclaimed by General Assembly resolution 3447 (XXX) of 9 December 1975,  http://www.unhchr.ch/html/menu3/b/ 72.htmTwo further instruments in the late 1980's - the Principles for the Protection of Persons With Mental Illnesses and the Improvement of Mental Health Care (PPPMI) [3] and the Standard Rules on the Equalisation of Opportunities for Persons with Disabilities (StRE) [4] - put the emphasis on equal opportunities. All these instruments have been useful in spelling out the rights to independence and self-determination for people with disabilities, and have improved understanding of the general human rights conventions insofar as they relate to people with disabilities. Nonetheless, all these instruments are not binding on the UN member states and contain no provisions for monitoring of disabled people's rights.[3]  G.A. res. 46/119, 46 UN. GAORSupp. (No. 49) at 189, UN. Doc. A/46/49 (1991).[4]  Adopted by the United Nations General Assembly, forty-eighth session, resolution 48/96, annex, of 20 December 1993, http://www.un.org/esa/socdev/enable/ dissre00.htmIt is in this context that, in December 2001, the Government of Mexico put forward UN Resolution 56/168, calling for consideration of a convention on the human rights of persons with disabilities and calling for the immediate formation of an ad-hoc committee. This ad-hoc committee would "consider proposals for a comprehensive and integral international convention to protect and promote the rights and dignity of persons with disabilities". Backed with the support of the Third Committee (on social issues), this Resolution was adopted in the UN General Assembly [SJ].Subsequently, the UN Commission for Social Development adopted a resolution on 21 February 2002, which welcomes the UN Resolution 56/168 on a comprehensive and integral international convention to promote and protect the rights and dignity of persons with disabilities. This resolution was followed by resolution 2002/61 [5] adopted on 26 April 2002 by the UN Commission on Human Rights. Following this, the Ad Hoc Committee held its first session from 29 July to 9 August 2002.[5]  http://www.unhchr.ch/huridocda/ huridoca.nsf/(symbol)/E.CN.4.RES.2002.61.EN?opendocument.2. Characteristics of the envisaged legally binding instrumentAt this stage the shape and content of the envisaged instrument have not been addressed. Discussion is under way about this and several options could be considered.There is certainly a growing consensus on the idea that a disability legally binding instrument should, on the one hand, complement and strengthen the monitoring of disability rights by the treaty monitoring bodies under the six core Human Rights Treaties.On the other hand, the UN legally binding instrument should serve to tailor the application of human rights to people with disabilities. Such an instrument would not in the main create new rights but would seek to clarify and make more visible existing international obligations in this regard. It would also provide a clear signal from and to the international community and serve as a political catalyst and educational tool in bringing about a change in the way people with disabilities enjoy their rights.In light of the above, and without pre-empting any substantive discussion, the core of the debate currently taking place is how to ensure that people with disabilities do not suffer discrimination when accessing or enjoying the full panoply of existing human rights.A key tool in achieving equality is the non-discrimination principle. Equal access to the human rights can be guaranteed by ensuring that people with disabilities are not discriminated against on the grounds of their disability. The legally binding instrument should protect people with disabilities from unfair discrimination in having access to and enjoying human rights.Non-discrimination, and the equal enjoyment of all human rights by people with disabilities, is currently the dominant and crucial theme as regards changing the way disability and the disabled people are viewed throughout the world. Non-discrimination is intrinsic to the principle of equality. It covers both direct and indirect discrimination.3. Community CompetenceArticle 13 of the EC Treaty [6], as introduced through the Amsterdam Treaty, gives competence to the Community to take appropriate action within the limits of its powers to combat discrimination, inter alia, on the grounds of disability.[6]  Article 13: Without prejudice to the other provisions of this Treaty and within the limits of the powers conferred by it upon the Community, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.On the basis of this competence, the Council adopted on 27 November 2000 Directive 2000/78/EC [7] "Establishing a general framework for equal treatment in employment and occupation". The Directive prohibits any discrimination in these areas, be it direct or indirect, on the grounds of religion or belief, disability, age or sexual orientation [8]. With regard to disability, this Directive recognises that the failure to provide a reasonable accommodation in the workplace can constitute discrimination. In practical terms such accommodation includes measures to adapt the workplace to people with disabilities, for example adapting premises and equipment, patterns of working time, the distribution of tasks or the provision of training or integration resources in order to facilitate their access to employment.[7]  OJ L 303, 2.12.2000, p. 16.[8]  Discrimination on the grounds of sex and ethnic or racial origin is dealt with under other directives.According to the Directive provisions (art. 5), "in order to guarantee compliance with the principle of equal treatment in relation to persons with disabilities reasonable accommodation shall be provided. This means that employers shall take appropriate measures, where needed in a particular case, to enable a person with a disability to have access to, participate in, or advance in employment, or to undergo training, unless such measures would impose a disproportionate burden on the employer. This burden shall not be disproportionate when it is sufficiently remedied by measures existing within the framework of the disability policy of the Member State concerned."Duty to accommodate is not to provide 'special measures' to people with disabilities, but instead to remove barriers to their participation where it is equitable to do so. Rather than aiming to achieve identical results for disabled people, as compared to non-disabled people, it simply aims to ensure that people with disabilities are afforded an equal opportunity to achieve those results. Again by providing the reasonable accommodation's obligation, the directive endeavours to ensure equal access and equal effective enjoyment of the rights laid down in the Directive.Building on the achievement of this first use of Article 13 of the Treaty, the Commission considers that it is important that the European Community confirms at international level its overall strategy with regard to disability, the core of which is a shared commitment by all Member States to combat discrimination on this ground. It is therefore the Commission's intention to play an active role on behalf of the European Community in the process of the development of a future UN legally binding instrument to promote and protect the rights and dignity of persons with disabilities and, having respect to Member States responsibilities and competences, to cooperate closely with them throughout the negotiating process. Appropriate co-operation will also be established with future Member States within the framework of the transitional arrangements established for the period between the signature of the Accession Treaty and the date of accession to enable these countries to be gradually integrated in community policies and to take part in the process of adopting new acquis.4. Elements to be taken into account in the negotiation of a legally binding instrumentIn view of the above, the Commission recommends that the council decides:a) that the European Community will participate in the negotiations on a legally binding instrument on the promotion and protection of the rights and dignity of persons with disability in the UN forum.b) that, since in accordance with the Treaty the Commission will conduct these negotiations on behalf of the European Community, a special committee be appointed to assist it in this task,c) that the appended negotiating directives be issued.ANNEXNegotiating Directives1. The Commission shall ensure that the provisions of the future legally binding instrument to promote and protect the rights and dignity of persons with disabilities is consistent with relevant Community legislation, in particular Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation, with international commitments and with the objectives of other Community policies.2. The Commission shall ensure that the draft legally binding instrument contains appropriate provisions enabling the Community to become a Contracting Party thereto.3. The Commission shall report to the Council on the outcome of the negotiations and at any time in the course of the negotiations as it may be deemed appropriate.4. The Commission shall take into consideration the needs and concerns of candidate countries in this context.


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31990H0126

COUNCIL  RECOMMENDATION  of 12 March 1990  concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1984) (Sixth EDF) for the financial year 1988 (90/126/EEC)

Official Journal L 073 , 20/03/1990 P. 0031 - 0031

*****COUNCIL  RECOMMENDATION  of 12 March 1990  concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1984) (Sixth EDF) for the financial year 1988  (90/126/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 206b thereof,  Having regard to the Third ACP-EEC Convention, signed at Lomé on 8 December 1984,  Having regard to Council Decision 86/283/EEC of 30 June 1986 on the association of the overseas countries and territories with the European Economic Community (1),  Having regard to the Internal Agreement on the financing and administration of Community aid (1), signed in Brussels on 19 February 1985, as amended by Decision 86/281/EEC (2), and in particular Article 29 (3) thereof,  Having regard to the Financial Regulation of 11 November 1986 applicable to the Sixth European Development Fund (3), and in particular Articles 66 to 73 thereof,  Having examined the revenue and expenditure account and the balance sheet relating to the operations of the European Development Fund (1984) (Sixth EDF) as at 31 December 1988 and the Court of Auditors' report relating to the financial year 1988 together with the Commission's replies (4),  Whereas, pursuant to Article 29 (3) of the Internal Agreement, the discharge for the management of the European Development Fund (1984) (Sixth EDF) must be given to the Commission by the European Parliament on a recommendation from the Council;  Whereas the overall implementation by the Commission of the operations of the European Development Fund (1984) (Sixth EDF) during the financial year 1988 has been satisfactory,  HEREBY RECOMMENDS,  that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the European Development Fund (1984) (Sixth EDF) for the financial year 1988.  Done at Brussels, 12 March 1990.  For the Council  The President  A. REYNOLDS  (1) OJ No L 175, 1. 7. 1986, p. 1.  (2) OJ No L 86, 31. 3. 1986, p. 210.  (3) OJ No L 178, 2. 7. 1986, p. 13.  (4) OJ No L 325, 20. 11. 1986, p. 42.  (5) OJ No C 312, 12. 12. 1989, pp. 181 and 335.


66/485/CEE: Recommandation de la Commission, du 29 juillet 1966, au gouvernement de la République italienne concernant l'aménagement des monopoles du sel et du papier à cigarettes, découpé en format, en cahiers ou en tubes


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31998H0217

98/217/EC: Council Recommendation of 9 March 1998 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1984) (Sixth EDF) for the financial year 1996

Official Journal L 082 , 19/03/1998 P. 0042 - 0042

COUNCIL RECOMMENDATION of 9 March 1998 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1984) (Sixth EDF) for the financial year 1996 (98/217/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 206 thereof,Having regard to the Third ACP-EEC Convention, signed at Lomé on 8 December 1984,Having regard to Council Decision 86/283/EEC of 30 June 1986 on the association of the overseas countries and territories with the European Economic Community (1),Having regard to the Internal Agreement on the financing and administration of Community aid (2), signed in Brussels on 19 February 1985, as amended by Decision 86/281/EEC (3), and in particular Article 29(3) thereof,Having regard to the Financial Regulation of 11 November 1986 applicable to the Sixth European Development Fund (4), and in particular Articles 66 to 73 thereof,Having examined the revenue and expenditure account and the balance sheet relating to the operations of the European Development Fund (1984) (Sixth EDF) as at 31 December 1996 and the Court of Auditors' report relating to the financial year 1996 together with the Commission's replies (5),Whereas, pursuant to Article 29(3) of the Internal Agreement, the discharge for the management of the European Development Fund (1984) (Sixth EDF) must be given to the Commission by the European Parliament on a recommendation from the Council;Whereas the overall implementation by the Commission of the operations of the European Development Fund (1984) (Sixth EDF) during the financial year 1996 has been satisfactory,HEREBY RECOMMENDS that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the European Development Fund (1984) (Sixth EDF) for the financial year 1996.Done at Brussels, 9 March 1998.For the CouncilThe PresidentG. BROWN(1) OJ L 175, 1. 7. 1986, p. 1.(2) OJ L 86, 31. 3. 1986, p. 210.(3) OJ L 178, 2. 7. 1986, p. 13.(4) OJ L 325, 20. 11. 1986, p. 42.(5) OJ C 348, 18. 11. 1997, Volume I.


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31997H0077

Commission Recommendation of 8 January 1997 concerning a coordinated programme for the official control of foodstuffs for 1997

Official Journal L 022 , 24/01/1997 P. 0027 - 0034

COMMISSION RECOMMENDATION of 8 January 1997 concerning a coordinated programme for the official control of foodstuffs for 1997 (97/77/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 89/397/EEC of 14 June 1989 on the official control of foodstuffs (1), and in particular Article 14 (3) thereof,After consultation with the Standing Committee for Foodstuffs,Whereas it is necessary, with a view to the sound operation of the internal market, to arrange for coordinated food inspection programmes at Community level;Whereas such programmes place emphasis on compliance with Community legislation, the protection of public health, consumer interests and fair trade practices;Whereas simultaneous implementation of national programmes and coordinated programmes can provide information and experience on which to base future control activities,HEREBY RECOMMENDS:During 1997 Member States should take samples and undertake laboratory analysis for:(a) Aflatoxins in spices;(b) Contamination of food products for persons suffering from food allergy or hypersensitivity.1. Although sampling rates have not been set, Member States should ensure that the number of samples taken is sufficient to provide an overview of the subject under consideration in each Member State. Suggestions will be made for the methods of analysis.2. Member States should provide the information as requested following the format of the record sheets provided in the Annex to help enhance the comparability of results.3. Aflatoxins in spicesSpices, in particular pepper, chilli products, nutmeg and paprika powder, may contain aflatoxins in excessive amounts owing to different processing and storage conditions. Article 2 of Council Regulation (EEC) No 315/93 (2), prohibits the selling of foodstuffs with excessive amounts of contaminants from the public health viewpoint and in particular at a toxicological level. Most Member States have specific regulations for the aflatoxin content of this kind of products.The aim of this element of the programme is to study the extent to which the levels of aflatoxins in these products exceed national limits. This study will also identify the legal basis for rejection in each Member State. Analytical methods should be capable of determining aflatoxin levels in the samples at least down to 1 ìg/kg.4. Contamination of foodstuffs for persons suffering from food allergy or hypersensitivityFood products labelled or otherwise marketed with claims implying absence of certain protein ingredients and so forth constitute a potential health risk to people suffering from food allergy or hypersensitivity, if they are contaminated with that particular ingredient. Even minute amounts may be fatal. Article 2 of Council Directive 79/112/EEC (3) provides that the labelling and the advertising must not be such as could mislead the purchaser to a material degree, particularly as to the composition of the foodstuff. The aim of this element of the programme is to survey the enforcement actions taken by Member States when contaminated food products are found on the market.ScopeAny type of food with claims implying absence of a particular ingredient: in view of the types of such food most commonly offered for sale in the Member States, sampling should be restricted to products not containing milk/milk proteins, lactose, egg, or gluten.Project report: record sheetMember States should ensure that the number of contaminated food products and of producers/importers involved, together with information about enforcement action taken, are reported to the Commission. If the kind of action taken is related to the amount of the contaminant found, action levels should also be reported.Done at Brussels, 8 January 1997.For the CommissionMartin BANGEMANNMember of the Commission(1) OJ No L 186, 30. 6. 1989, p. 23.(2) OJ No L 37, 13. 2. 1993, p. 1.(3) OJ No L 33, 8. 2. 1979, p. 1.ANNEX 1. AFLATOXINS IN SPICES >START OF GRAPHIC>Table 1.1PepperMember State: Total number of samples analysed:Total number of samples rejected:Number of samplesAverage value of positive samples(ìg/kg)Median value of positive samples(ìg/kg)Maximum value(ìg/kg)Limit or guide value for rejection(ìg/kg)Aflatoxin Not detected 50 ìg/kgB1B2G1G2Legal basis for rejection:Method of analysis used (reference: literature, written standard, etc.; keyword description of the procedure; limits of detection and determination) (if different from the proposed method):Other details, indications, difficulties encountered:Origin of rejected samples, if known:>END OF GRAPHIC>>START OF GRAPHIC>Table 1.2Chilli and chilli powderMember State: Total number of samples analysed:Total number of samples rejected:Number of samplesAverage value of positive samples(ìg/kg)Median value of positive samples(ìg/kg)Maximum value(ìg/kg)Limit or guide value for rejection(ìg/kg)Aflatoxin Not detected 50 ìg/kgB1B2G1G2Legal basis for rejection:Method of analysis used (reference: literature, written standard, etc.; keyword description of the procedure; limits of detection and determination) (if different from the proposed method):Other details, indications, difficulties encountered:Origin of rejected samples, if known:>END OF GRAPHIC>>START OF GRAPHIC>Table 1.3NutmegMember State: Total number of samples analysed:Total number of samples rejected:Number of samplesAverage value of positive samples(ìg/kg)Median value of positive samples(ìg/kg)Maximum value(ìg/kg)Limit or guide value for rejection(ìg/kg)Aflatoxin Not detected 50 ìg/kgB1B2G1G2Legal basis for rejection:Method of analysis used (reference: literature, written standard, etc.; keyword description of the procedure; limits of detection and determination) (if different from the proposed method):Other details, indications, difficulties encountered:Origin of rejected samples, if known:>END OF GRAPHIC>>START OF GRAPHIC>Table 1.4Paprika powderMember State: Total number of samples analysed:Total number of samples rejected:Number of samplesAverage value of positive samples(ìg/kg)Median value of positive samples(ìg/kg)Maximum value(ìg/kg)Limit or guide value for rejection(ìg/kg)Aflatoxin Not detected 50 ìg/kgB1B2G1G2Legal basis for rejection:Method of analysis used (reference: literature, written standard, etc.; keyword description of the procedure; limits of detection and determination) (if different from the proposed method):Other details, indications, difficulties encountered:Origin of rejected samples, if known:>END OF GRAPHIC>2. CONTAMINATION OF FOODSTUFFS FOR PERSONS SUFFERING FROM FOOD ALLERGY OR HYPERSENSITIVITY >START OF GRAPHIC>Table 2.1Investigation of products with claims implying absence of one or more of the following ingredients: milk/milk proteins, lactose, egg, or glutenMember State: Total number of products tested:Total number of producers/importers involved: Total number of products in which the abovementioned ingredients were found:Total number of producers/importers of products in which the abovementioned ingredients were found:Enforcement action taken when the abovementioned ingredients were foundClaimsNumber of productsNumber of producers/importersActions taken (*) Numbertestedcontaminatedmonitoredwith contaminated products none verbal warning written warning improved inhouse control required sales prohibition administrative penalty court action other(1)(2)(3)(4)(5)(6)(7)(8)milk/milk protein-freelactose-freeegg-freegluten-free(*)Comments on action taken and indication of action level (mg/kg) if the type of action taken is related to the amount of the contaminant found.(1)(2)(3)(4)(5)(6)(7)(8)>END OF GRAPHIC>>START OF GRAPHIC>Table 2.2Member State: Analytical methods usedMilk/milk proteinsLactoseEggGlutenFurther comments:>END OF GRAPHIC>


title: Commission Recommendation of 27 October 2011 on the research joint programming initiative Water challenges for a changing world

text:
               29.10.2011

               EN

               Official Journal of the European Union

               C 317/1

         COMMISSION RECOMMENDATION
   of 27 October 2011
   on the research joint programming initiative ‘Water challenges for a changing world’
   2011/C 317/01
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 181 thereof,
   Whereas:

               (1)

               Availability of water in sufficient quantities and of adequate quality is an issue of high priority and is a pan-European and even global societal challenge.

               (2)

               As part of the Europe 2020 strategy, the flagship initiative set out by Commission Communication of 26 January 2011‘A resource-efficient Europe — Flagship initiative under the Europe 2020 Strategy’ (1) recalls the importance of water as a key natural resource underpinning the functioning of the European and global economy and our quality of life. Furthermore, the flagship initiative set out by Commission Communication of 6 October 2010‘Europe 2020 Flagship Initiative — Innovation Union’ (2) recognises water as a growing societal challenge and an innovation priority area to enable the Union to achieve its water policy objectives while ensuring good ecological, chemical and quantitative status of waters, sustainable water use, and reducing its water footprint, improving water security and promoting the worldwide leadership of the European water industry.

               (3)

               The worldwide gap between water demand and availability is expected to grow significantly in the next 20 years. Balancing this difficult water supply and demand equation, setting priorities to handle water stress or water scarcity, and sustaining our water ecosystems in the long term, require concerted action and strong scientific and technical bases coupled with full consideration of local geographical, political, socio-economic and cultural conditions. To this end the European Commission is developing a Blueprint to Safeguard Europe's Waters for 2012, which will set out measures to ensure good quality water in sufficient quantities for all legitimate uses in the EU.

               (4)

               There is a risk that a substantial proportion of Europe's freshwaters may not achieve by 2015 the aim of good ecological status set out by Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (3). This risk is due to a number of different drivers and pressures as highlighted by the EEA in its State of the Environment Report 2010. Water pollution continues to raise public health concerns, particularly as regards exposure to new contaminants, the effects of chemical mixtures found in some European waters and possible risks of microbiological contamination.

               (5)

               Climate change is expected to have further impacts on European water ecosystems, resulting in more frequent water shortages, more frequent and more severe droughts notably in the Mediterranean countries, and more flood hazards across much of Europe.

               (6)

               Intensive agriculture intended to produce more food and biomass might increase demand for freshwater for irrigation purposes, putting more pressure on water reserves. Water-wise solutions should be developed rapidly, so as to make irrigation more efficient, reduce water consumption and manage and preserve aquifers sustainably.

               (7)

               Increased urbanisation and expansion of the built environment, including navigation and energy infrastructures, induce hydro-morphological changes that have an impact on surface and groundwater bodies, habitats and other aspects of biodiversity. More integrated planning approaches would be of great benefit. These should be based on reliable monitoring systems and more holistic assessment of cause-effect relationships between land use changes and water ecosystems.

               (8)

               Water infrastructures in Europe are becoming increasingly vulnerable to failure due to ageing, damage from excavations, insufficient maintenance or over-loading. Leakage of water from supply systems in parts of Europe is reported to be substantial with losses of transported water varying between 5 % and 40 %.

               (9)

               The European water sector has a high economic importance with an average growth rate of 5 % and a turnover of about EUR 80 billion a year, representing about a third of the world water market. More strategic cooperation on water research and innovation in Europe can lead to scientific and technological breakthroughs that could foster European competitiveness on international markets, contribute to a shift towards a more water-efficient economy in Europe and thus to achieving the EU2020 refocused objectives of a smarter, more sustainable and more inclusive economy.

               (10)

               Strengthening the scientific and technological knowledge base in Europe is essential to address the societal, environmental and economical dimensions of water challenges.

               (11)

               While excellent research is being carried out throughout Europe, the current European picture in water research appears to be rather complex and too fragmented. Many research networks and organisations at European, national and regional levels define their water research strategic agendas in relative isolation, leading to overlapping or competing research activities that often lack a critical mass.

               (12)

               Given that most of the European territory falls within transboundary watersheds, cross-border collaboration is needed to reach the critical mass needed in terms of expertise, activities and institutional capacity to promote a more effective use of European research potential and to foster compatible transboundary solutions.

               (13)

               Joint programming of research on ‘Water challenges for a changing world’ would contribute to the coordination of research in this area, and to a fully operational European Research Area on freshwater, strengthening Europe’s leadership and the competitiveness of research in this field, while supporting the achievement of Union water policy objectives.

               (14)

               At its meeting of 26 May 2010 (4), the Competitiveness Council recognised ‘Water challenges for a changing world’ as an area where joint programming would provide major added value to reduce fragmentation in Member States activities in the field of research. It therefore adopted conclusions recognising the need to launch a joint programming initiative on freshwater and inviting the Commission to contribute to preparing it. The Council also reaffirmed that joint programming is a process led by Member States, with the Commission acting as a facilitator.

               (15)

               Water research is a key area within the Union Research Framework Programme, which plays a highly strategic role in supporting the European policy process, taking into account the global dimension of water challenges. Activities within this joint programming initiative need to be closely coordinated with the Seventh Union Framework Programme and future Union programmes in this area, in particular the Framework Programme for Research and Innovation (2014-20) ‘Horizon 2020’.

               (16)

               The analysis of national research activities outlined in the staff working document confirms that there is a need for better coordination to increase effectiveness and impact of research, as well as to avoid duplication through the development of a common strategic agenda.

               (17)

               To enable the Commission to report to the European Parliament and to the Council on progress made by all joint programming initiatives, Member States will be required to report regularly to the Commission on progress made on this joint programming initiative,

         HAS ADOPTED THIS RECOMMENDATION:

               1.

               Member States are encouraged to develop a common vision on how cooperation and coordination in the field of research at Union level can help to meet the challenge of achieving sustainable water systems for a sustainable economy in Europe and abroad and of capitalising on the opportunities presented by such a common vision.

               2.

               Member States are encouraged to develop an operational common strategic research agenda, identifying and setting medium- to long-term research needs and objectives in the area of freshwater. The strategy should contain an implementation plan setting priorities and timelines and specifying the action, instruments and resources required to implement it.

               3.

               Member States are encouraged to include the following actions, as part of the strategic research agenda and of the implementation plan:

                           (a)

                           identifying and exchanging information on relevant national programmes, research activities and Union coordinated research programmes;

                           (b)

                           reinforcing joint foresight exercises and technology assessment capacities;

                           (c)

                           exchanging information, resources, best practices, methodologies and guidelines;

                           (d)

                           identifying areas, research or pilot-testing activities that would benefit from coordination, from joint calls for proposals or from pooling of resources (including financial resources);

                           (e)

                           defining the modalities for research to be undertaken jointly in the areas referred to in point (d);

                           (f)

                           ensuring the coordination and development of synergies with existing research and innovation schemes in the Union, e.g. Framework Programme, and other related joint programming initiatives, in particular the ‘Connecting climate knowledge for Europe’, the ‘Urban Europe — global urban challenges, joint European solutions’ and the ‘Healthy and productive seas and oceans’ joint programming initiatives;

                           (g)

                           sharing, where appropriate, existing research infrastructures or developing new facilities such as coordinated databanks or the development of models for studying water-related processes;

                           (h)

                           encouraging better collaboration between public and private sectors, as well as open innovation between different research activities and business sectors related to water;

                           (i)

                           exporting and publishing knowledge, innovation and interdisciplinary methodological approaches, in particular regarding policy relevant results;

                           (j)

                           feeding policy-making at national and Union level with appropriate scientific and technological information;

                           (k)

                           creating networks between centres dedicated to water research.

               4.

               Member States are encouraged to maintain an efficient common management structure in the field of water research, with a mandate to establish common conditions, rules and procedures for cooperation and coordination and to monitor the implementation of the strategic research agenda.

               5.

               Member States are encouraged to jointly implement the strategic research agenda via their national research programmes in accordance with the guidelines for Framework Conditions on Joint Programming developed by the Council High Level Group on Joint Programming.

               6.

               Member States are encouraged to cooperate with the Commission with a view to exploring possible Commission initiatives to assist Member States in developing and implementing the strategic research agenda and in coordinating the joint programme with other Union initiatives in this field.

               7.

               Member States are encouraged to liaise closely with the Strategic Forum for International Science and Technology Cooperation (SFIC) in developing and implementing a possible international dimension in the strategic research agenda and to ensure coherence with SFIC initiatives with and vis-à-vis non-EU countries.

               8.

               Member States are encouraged to report regularly to the Commission on the progress made on this joint programming initiative through annual progress reports.

      Done at Brussels, 27 October 2011.

            For the Commission

         Máire GEOGHEGAN-QUINN

            Member of the Commission

      (1)  COM(2011) 21 final.

      (2)  COM(2010) 546 final.

      (3)  OJ L 327, 22.12.2000, p. 1.

      (4)  Council conclusion 10246/10, http://register.consilium.europa.eu/pdf/en/10/st10/st10246.en10.pdf


title: Council Recommendation of 21 February 2017 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (ninth EDF) for the financial year 2015

text:
               23.2.2017

               EN

               Official Journal of the European Union

               C 58/2

         COUNCIL RECOMMENDATION
   of 21 February 2017
   concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (ninth EDF) for the financial year 2015
   (2017/C 58/02)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1) and amended by the Agreement signed in Luxembourg on 25 June 2005 (2),
   Having regard to the Internal Agreement between Representatives of the Governments of the Member States, meeting within the Council, on the Financing and Administration of Community Aid under the Financial Protocol to the Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States signed in Cotonou (Benin) on 23 June 2000 and the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies (3) (the ‘Internal Agreement’) setting up, amongst others, the ninth European Development Fund (ninth EDF), and in particular Article 32(3) thereof,
   Having regard to the Financial Regulation of 27 March 2003 applicable to the 9th European Development Fund (4), and in particular Articles 96 to 103 thereof,
   Having examined the revenue and expenditure account and the balance sheet relating to the operations of the ninth EDF as at 31 December 2015 and the Annual Report of the Court of Auditors on the activities funded by the 8th, 9th, 10th and 11th European Development Funds (EDFs) concerning the financial year 2015, together with the Commission’s replies (5) contained in that Annual Report,
   Whereas:

               (1)

               Pursuant to Article 32(3) of the Internal Agreement, the discharge for the financial management of the ninth EDF is to be given to the Commission by the European Parliament on the recommendation of the Council.

               (2)

               The overall implementation by the Commission of the operations of the ninth EDF during the financial year 2015 has been satisfactory,

         HEREBY RECOMMENDS that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the ninth EDF for the financial year 2015.

      Done at Brussels, 21 February 2017.

            For the Council

            The President

         E. SCICLUNA

      (1)  OJ L 317, 15.12.2000, p. 3.

      (2)  OJ L 209, 11.8.2005, p. 27.

      (3)  OJ L 317, 15.12.2000, p. 355.

      (4)  OJ L 83, 1.4.2003, p. 1.

      (5)  OJ C 375, 13.10.2016, p. 287.


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31997H0191

97/191/EC: Council Recommendation of 17 March 1997 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1989) (Seventh EDF) for the financial year 1995

Official Journal L 080 , 21/03/1997 P. 0022 - 0022

COUNCIL RECOMMENDATION of 17 March 1997 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1989) (Seventh EDF) for the financial year 1995 (97/191/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 206 thereof,Having regard to the Fourth ACP-EEC Convention, signed at Lomé on 15 December 1989,Having regard to Council Decision 91/482/EEC of 25 July 1991 on the association of the overseas countries and territories with the European Economic Community (1),Having regard to the Internal Agreement on the financing and administration of Community aid (2), signed in Brussels on 16 July 1990, and in particular Article 33 (3) thereof,Having regard to the Financial Regulation of 29 July 1991 applicable to the Seventh European Development Fund (3), and in particular Articles 69 to 77 thereof,Having examined the revenue and expenditure account and the balance sheet relating to the operations of the European Development Fund (1989) (Seventh EDF) as at 31 December 1995 and the Court of Auditors' report relating to the financial year 1995 together with the Commission's replies (4),Whereas, pursuant to Article 33 (3) of the Internal Agreement, the discharge for the management of the European Development Fund (1989) (Seventh EDF) must be given to the Commission by the European Parliament on a recommendation from the Council;Whereas the overall implementation by the Commission of the operations of the European Development Fund (1989) (Seventh EDF) during the financial year 1995 has been satisfactory,HEREBY RECOMMENDS that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the European Development Fund (1989) (Seventh EDF) for the financial year 1995.Done at Brussels, 17 March 1997.For the CouncilThe PresidentG. ZALM(1) OJ No L 263, 19. 9. 1991, p. 1.(2) OJ No L 229, 17. 8. 1991, p. 288.(3) OJ No L 266, 21. 9. 1991, p. 1.(4) OJ No C 340, 12. 11. 1996, pp. 290 to 333.


title: Commission recommendation No 307/78/ECSC of 14 February 1978 imposing a provisional anti-dumping duty on imports of iron or steel coils for re-rolling originating in Australia

text:
 16 . 2 . 78                            Official Journal of the European Communities                            No L 45 / 17
                               COMMISSION RECOMMENDATION No 307 / 78 / ECSC
                                                        of 14 February 1978
                imposing a provisional anti-dumping duty on imports of iron or steel coils for
                                              re-rolling originating in Australia
 THE COMMISSION OF THE EUROPEAN                                      first six months of 1977, imports originating in
 COMMUNITIES,                                                       Australia having risen from zero to 114 000 tonnes in
                                                                     the same period, and that, as a result, they have been
 Having regard to the Treaty establishing the European              able to acquire in the Community a market share of
 Coal and Steel Community, and in particular Articles                more than 16 % in total and 9 % for imports origi
 74 and 86 thereof,                                                  nating in Australia together with those from Bulgaria,
                                                                     Czechoslovakia, Japan and South Korea, which are
 Having regard to Commission recommendation                         already subject to a provisional anti-dumping duty in
 77/329/ECSC of 15 April 1977 on protection against                 the Community and that, on the other hand, the
 dumping or the granting of bounties or subsidies by                Community steel industry is in a crisis situation char
 countries which are not members of the European                    acterized by a reduction in the number employed
 Coal and Steel Community ( ! ), as amended by recom               from 780 000 to 720 000 between 1974 and 1977 and
 mendation No 3004/77/ ECSC (2), and in particular                  by short-time working and that, as a result, the
 Articles 15 and 19 thereof,                                        Community steel industry recorded a reduction in
                                                                    profits or the appearance of serious losses in most of
 Having heard the opinions expressed within the Advi               the firms concerned ;
 sory Committee provided for by recommendation
 77/329 / ECSC,
                                                                    Whereas, in order to remedy this situation , the
                                                                    Commission has introduced a system of minimum
Whereas the Commission has received a complaint,
                                                                    prices (4) for sales within the Community of certain
 submitted in the name of the relevant Community
 industry, setting out evidence as to the existence of              steel products produced by the European steel
                                                                    industry ;
 dumping of iron or steel coils for re-rolling origi
 nating in Australia and certain other countries, and
 material injury resulting therefrom ;                              Whereas the import prices into the Community of
                                                                    products originating in Australia are considerably
 Whereas the Commission has published basis                         lower than these minimum prices and that such under
 prices (3) based on the lowest normal prices or costs of           cutting jeopardizes the equilibrium of the entire
 production in the supplying countries where normal                 pricing system and causes or threatens to cause ma
 conditions of competition prevail , including the costs            terial injury to the Community industry or to a major
 of transport, insurance and customs duties ;                       part of it ;
Whereas the prices of imports into the Community of
 the products which are the subject of the complaint                Whereas immediate action has been requested by
 have been compared with these basis prices ;                       certain Member States ;
Whereas a preliminary examination of the matter
 based on this comparison shows that these products                 Whereas, in the serious conditions being experienced
 originating in Australia are offered for import within             by the Community steel industry, the interests of the
 the Community (the French and Italian markets) at                  Community require immediate action ;
 prices lower than the basis prices and that dumping
 has taken place, the margin of which is constituted by
 this undercutting ;                                                Whereas it is for the Commission , without prejudice
                                                                    to the results of the investigation opened in accor
                                                                    dance with Article 11 of recommendation 77/329/
Whereas, with regard to injury to the industry                      ECSC, to decide promptly to apply provisional
concerned, the evidence submitted to the Commis
                                                                    measures consisting of the imposition of a provisional
 sion shows that, on the one hand, imports into the                 anti-dumping duty on imports of the products
 Community of the products increased globally from                  concerned originating in Australia, the rate of which
 1 012 000 tonnes in 1974 to 1 015 000 tonnes in the
                                                                    corresponds to the difference between the basis price
(') OJ No L 114, 5. 5. 1 977, p. 6.
                                                                    published by the Commission for this product and its
(2) OJ No L 352, 31 . 12. 1977, p. 13 .                             price on importation into the Community,
(3 ) Communication from the Commission of 31 December
      1977 concerning the basis prices of certain steel products    (4) OJ No L 114, 5. 5. 1977, p. 1 ; OJ No L 352, 31 . 12.
     (OJ No L 353, 31 . 12. 1977, p. 1 ).                                1977, p. 17 .
 ---pagebreak--- No L 45/ 18                        Official Journal of the European Communities                           16 . 2 . 78
MAKES THE FOLLOWING RECOMMENDATION :                                                 Article 3
                        Article 1                            This recommendation shall be notified to the Member
                                                             States .
 1 . A provisional anti-dumping duty is hereby
imposed on the following products originating in             It shall enter into force for each Member State on the
Australia :
                                                             date of its publication in the Official Journal of the
— iron or steel coils for re-rolling,                        European Communities.
— Common Customs Tariff heading No 73.08 ,
— NIMEXE code 73.08-01 to 49 .                               Without prejudice to the provisions of Article 18 of
                                                             recommendation 77/329/ECSC, it shall apply until
2. The amount of this duty shall be equal to the             the entry into force of an Act of the Commission
amount by which the effective price (basic price plus        either adopting definitive measures or extending the
extras) established by contract, free frontier duty-paid,    provisional duty, and in any event for a maximum
is lower than the effective price (basic price plus          period of three months.
extras) published by the Commission for this product.
3 . The provisions in force for the collection of
customs duty shall apply to the collection of this duty.     Done at Brussels, 14 February 1978 .
                       Article 2
                                                                                For the Commission
The entry of the products described in Article 1 for
consumption within the Community shall be condi                                        Étienne DAVIGNON
tional upon the deposit of a security for the amount of
the provisional duty.                                                              Member of the Commission