diff --git "a/36_years1990-06.jsonl" "b/36_years1990-06.jsonl"
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+++ "b/36_years1990-06.jsonl"
@@ -0,0 +1,608 @@
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/785c7b63-23d0-4671-874e-8996dcd42add", "title": "Commission Regulation (EEC) No 1851/90 of 29 June 1990 on the issuing of import licences for preserved cultivated mushrooms originating in China", "langIdentifier": "ENG", "mtypes": "pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1990-06-29", "subjects": "China,agricultural levy,import licence,mushroom-growing,preserved product", "workIds": "celex:31990R1851,oj:JOL_1990_168_R_0040_039", "eurovoc_concepts": ["China", "agricultural levy", "import licence", "mushroom-growing", "preserved product"], "url": "http://publications.europa.eu/resource/cellar/785c7b63-23d0-4671-874e-8996dcd42add", "lang": "eng", "formats": ["pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/7735d157-5302-468f-9978-a9197b1cc021", "title": "Amendment to the Montreal protocol on substances that deplete the ozone layer", "langIdentifier": "ENG", "mtypes": "fmx4,html,pdfa1b,print,xhtml", "workTypes": "http://publications.europa.eu/ontology/cdm#agreement_international,http://publications.europa.eu/ontology/cdm#agreement_non-member-states,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Economic Community", "date": "1990-06-29", "subjects": "environmental cooperation,environmental policy,international convention,multilateral agreement,ozone,pollution control measures,protocol to an agreement,revision of an agreement,stratospheric pollutant,stratospheric pollution", "workIds": "celex:21991A1231(02)", "eurovoc_concepts": ["environmental cooperation", "environmental policy", "international convention", "multilateral agreement", "ozone", "pollution control measures", "protocol to an agreement", "revision of an agreement", "stratospheric pollutant", "stratospheric pollution"], "url": "http://publications.europa.eu/resource/cellar/7735d157-5302-468f-9978-a9197b1cc021", "lang": "eng", "formats": ["fmx4", "html", "pdfa1b", "print", "xhtml"], "text": "L_1991377EN. 01003001. xml\n\n\n\n\n\n\n\n\n\n\n31. 12. 1991\u00a0\u00a0\u00a0\n\n\nEN\n\n\nOfficial Journal of the European Communities\n\n\nL 377/30\n\n\n\n\n\nAMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER\n\nArticle 1: AMENDMENT\nA. Preambular paragraphs\n\n\n\n\n\n\n\n\n\n1. The sixth preambular paragraph of the Protocol shall be replaced by the following:\n\u2018DETERMINED to protect the ozone layer by taking precautionary measures to control equitably total global emissions of substances that deplete it, with the ultimate objective of their elimination on the basis of developments in scientific knowledge, taking into account technical and economic considerations and bearing in mind the developmental needs of developing countries,\u2019. 2. The seventh paragraph of the Protocol shall be replaced by the following:\n\u2018ACKNOWLEDGING that special provision is required to meet the needs of developing countries, including the provision of additional financial resources and access to relevant technologies, bearing in mind that the magnitude of funds necessary is predictable, and the funds can be expected to make a substantial difference in the world's ability to address the scientifically established problem of ozone depletion and its harmful effects,\u2019. 3. The ninth preambular paragraph of the Protocol shall be replaced by the following:\n\u2018CONSIDERING the importance of promoting international cooperation in the research, development and transfer of alternative technologies relating to the control and reduction of emissions of substances that deplete the ozone layer, bearing in mind in particular the needs of developing countries,\u2019. B. Article 1: Definitions\n\n\n\n\n\n\n\n\n\n1. Paragraph 4 of Article 1 of the Protocol shall be replaced by the following paragraph:\n\u20184. \u2018Controlled substance\u2019 means a substance in Annex A or in Annex B to this Protocol, whether existing alone or in a mixture. It includes the isomers of any such substance, except as specified in the relevant Annex, but excludes any controlled substance or mixture which is in a manufactured product other than a container used for the transportation or storage of that substance. \u2019\n\n\n\n\n\n\n\n\n\n\n\n\n2. Paragraph 5 of Article 1 of the Protocol shall be replaced by the following paragraph:\n\u20185. \u2018Production\u2019 means the amount of controlled substance produced, minus the amount destroyed by technologies to be approved by the Parties and minus the amount entirely used as feedstock in the manufacture of other chemicals. The amount recycled and reused is not to be considered as \u2018production\u2019. \u2019\n\n\n\n\n\n\n\n\n\n\n\n\n3. The following paragraph shall be added to Article 1 of the Protocol:\n\u20189. \u2018Transitional substance\u2019 means a substance in Annex C to this Protocol, whether existing alone or in a mixture. It includes the isomers of any such substance, except as may be specified in Annex C, but excludes any transitional substance or mixture which is in a manufactured product other than a container used for the transportation or storage of that substance. \u2019\n\n\n\n\nC. Article 2, paragraph 5\n\nParagraph 5 of Article 2 of the Protocol shall be replaced by the following paragraph:\n\n\u20185. Any Party may, for any one or more control periods, transfer to another Party any portion of its calculated level of production set out in Articles 2 A to 2 E, provided that the total combined calculated levels of production of the Parties concerned for any group of controlled substances do not exceed the production limits set out in those Articles for that group. Such transfer of production shall be notified to the secretariat by each of the Parties concerned, stating the terms of such transfer and the period for which it is to apply. \u2019\n\nD. Article 2, paragraph 6\n\nThe following words shall be inserted in paragraph 6 of Article 2 before the words \u2018controlled substances\u2019 the first time they occur:\n\n\u2018Annex A or Annex B\u2019\n\nE. Article 2, paragraph 8 (a)\n\nThe following words shall be added after the words \u2018this Article\u2019 wherever they appear in paragraph 8 (a) of Article 2 of the Protocol:\n\n\u2018and Articles 2 A to 2 E\u2019\n\nF. Article 2, paragraph 9 (a) (i)\n\nThe following words shall be added after \u2018Annex A\u2019 in paragraph 9 (a) (i) of Article 2 of the Protocol:\n\n\u2018and/or Annex B\u2019. G. Article 2, paragraph 9 (a) (ii)\n\nThe following words shall be deleted from paragraph 9 (a) (ii) of Article 2 of the Protocol:\n\n\u2018from 1986 levels\u2019. H. Article 2, paragraph 9 (c)\n\nThe following words shall be deleted from paragraph 9 (c) of Article 2 of the Protocol:\n\n\u2018representing at least 50 % of the total consumption of the controlled substances of the Parties\u2019;\n\nand replaced by:\n\n\u2018representing a majority of the Parties operating under paragraph 1 of Article 5 present and voting and a majority of the Parties not so operating present and voting\u2019. I. Article 2, paragraph 10 (b)\n\nParagraph 10 (b) of Article 2 of the Protocol shall be deleted, and paragraph 10 (a) of Article 2 shall become paragraph 10. J. Article 2, paragraph 11\n\nThe following words shall be added after the words \u2018this Article\u2019 wherever they occur in paragraph 11 of Article 2 of the Protocol:\n\n\u2018and Articles 2 A to 2 E\u2019. K. Article 2 C: Other fully halogenated CFCs\n\nThe following paragraphs shall be added to the Protocol as Article 2 C:\n\n\u2018Article 2 C\nOther fully halogenated CFCs\n1. Each Party shall ensure that for the 12-month period commencing on 1 January 1993, and in each 12-month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex B does not exceed, annually, 80 % of its calculated level of consumption in 1989. Each Party producing one or more of these substances shall, for the same periods, ensure that its calculated level of production of the substances does not exceed, annually, 80 % of its calculated level of production in 1989. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to 10 % of its calculated level of production in 1989. 2. Each Party shall ensure that for the 12-month period commencing on 1 January 1997, and in each 12-month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex B does not exceed, annually, 15 % of its calculated level of consumption in 1989. Each Party producing one or more of these substances shall, for the same periods, ensure that its calculated level of production of the substances does not exceed, annually, 15 % of its calculated level of production in 1989. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to 10 % of its calculated level of production in 1989. 3. Each Party shall ensure that for the 12-month period commencing on 1 January 2000, and in each 12-month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex B does not exceed zero. Each Party producing one or more of these substances shall, for the same periods, ensure that its calculated level of production of the substances does not exceed zero. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to 15 % of its calculated level of production in 1989. \u2019\n\nL. Article 2 D: Carbon tetrachloride\n\nThe following paragraphs shall be added to the Protocol as Article 2 D:\n\n\u2018Article 2 D\nCarbon tetrachloride\n1. Each Party shall ensure that for the 12-month period commencing on 1 January 1995, and in each 12-month period thereafter, its calculated level of consumption of the controlled substance in Group II of Annex B does not exceed, annually 15 % of its calculated level of consumption in 1989. Each Party producing the substance shall, for the same periods, ensure that its calculated level of production of the substances does not exceed, annually 15 % of its calculated level of production in 1989. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to 10 % of its calculated level of production in 1989. 2. Each Party shall ensure that for the 12-month period commencing on 1 January 2000, and in each 12-month period thereafter, its calculated level of consumption of the controlled substance in Group II of Annex B does not exceed zero. Each Party producing the substance shall, for the same periods, ensure that its calculated level of production of the substance does not exceed zero. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to 15 % of its calculated level of production in 1989. \u2019\n\nM. Article 2 E: 1,1,1-trichlorethane (methyl chloroform)\n\nThe following paragraphs shall be added to the Protocol as Article 2 E:\n\n\u2018 Article 2 E\n1,1,1-trichlorethane (methyl chloroform)\n1. Each Party shall ensure that for the 12-month period commencing on 1 January 1993, and in each 12-month period thereafter, its calculated level of consumption of the controlled substances in Group III of Annex B does not exceed, annually its calculated level of consumption in 1989. Each Party producing the substance shall, for the same periods, ensure that its calculated level of production of the substance does not exceed, annually, its calculated level of production in 1989. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to 10 % of its calculated level of production in 1989. 2. Each Party shall ensure that for the 12-month period commencing on 1 January 1995, and in each 12-month period thereafter, its calculated level of consumption of the controlled substance in Group III of Annex B does not exceed, annually 70 % of its calculated level of consumption in 1989. Each Party producing the substance shall, for the same periods, ensure that its calculated level of production of the substance does not exceed, annually, 70 % of its calculated level of consumption in 1989. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to 10 % of its calculated level of production in 1989. 3. Each Party shall ensure that for the 12-month period commencing on 1 January 2000, and in each 12-month period thereafter, its calculated level of consumption of the controlled substance in Group III of Annex B does not exceed, annually, 30 % of its calculated level of consumption in 1989. Each Party producing the substance shall, for the same periods, ensure that its calculated level of production of the substance does not exceed, annually, 30 % of its calculated level of production in 1989. However, in order to satisfy the basic domestic needs of Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to 10 % of its calculated level of production in 1989. 4. Each Party shall ensure that for the 12-month period commencing on 1 January 2005, and in each 12-month period thereafter, its calculated level of consumption of the controlled substance in Group III of Annex B does not exceed zero. Each Party producing the substance shall, for the same periods, ensure that its calculated level of production of the substance does not exceed zero. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to 15 % of its calculated level of production in 1989. 5. The Parties shall review, in 1992, the feasibility of a more rapid schedule of reductions than that set out in this Article. \u2019\n\nN. Article 3: Calculation of control levels\n\n\n\n\n\n\n\n\n\n1. The following shall be added after \u2018Article 2\u2019 in Article 3 of the Protocol:\n\u20182 A to 2 E\u2019. 2. The following words shall be added after \u2018Annex A\u2019 each time it appears in Article 3 of the Protocol:\n\u2018or Annex B\u2019. O. Article 4: Control of trade with non-Parties\n\n\n\n\n\n\n\n\n\n1. Paragraphs 1 to 5 of Article 4 shall be replaced by the following paragraphs:\n\u20181. As of 1 January 1990, each Party shall ban the import of the controlled substances in Annex A from any State not party to this Protocol. 1 (a). Within one year of the date of the entry into force of this paragraph, each Party shall ban the import of the controlled substances in Annex B from any State not party to this Protocol. 2. As of 1 January 1993, each Party shall ban the export of any controlled substances in Annex A to any State not party to this Protocol. 2 (a). Commencing one year after the date of entry into force of this paragraph, each Party shall ban the export of any controlled substances in Annex B to any State not party to this Protocol. 3. By 1 January 1992, the Parties shall, following the procedures in Article 10 of the Convention, elaborate in an annex a list of products containing controlled substances in Annex A. Parties that have not objected to the annex in accordance with those procedures shall ban, within one year of the annex having become effective, the import of those products from any State not party to this Protocol. 3 (a). Within three years of the date of the entry into force of this paragraph, the Parties shall, following the procedures in Article 10 of the Convention, elaborate in an annex a list of products containing controlled substances in Annex B. Parties that have not objected to the annex in accordance with those procedures shall ban, within one year of the annex having become effective, the import of those products from any State not party to this Protocol. 4. By 1 January 1994, the Parties shall determine the feasibility of banning or restricting, from States not party to this Protocol, the import of products produced with, but not containing, controlled substances in Annex A. If determined feasible, the Parties shall, following the procedures in Article 10 of the Convention, elaborate in an annex a list of such products. Parties that have not objected to the annex in accordance with those procedures shall ban, within one year of the annex having become effective, the import of those products from any State not party to this Protocol. 4 (a). Within five years of the date of the entry into force of this paragraph, the Parties shall determine the feasibility of banning or restricting, from States not party to this Protocol, the import of products produced with, but not containing, controlled substances in Annex B. If determined feasible, the Parties shall, following the procedures in Article 10 of the Convention, elaborate in an annex a list of such products. Parties that have not objected to the annex in accordance with those procedures shall ban or restrict, within one year of the annex having become effective, the import of those products from any State not party to this Protocol. 5. Each Party undertakes to the fullest practicable extent to discourage the export to any State not party to this Protocol of technology for producing and for utilizing controlled substances. \u2019\n\n\n\n\n\n\n\n\n\n\n\n\n2. Paragraph 8 of Article 4 of the Protocol shall be replaced by the following paragraph:\n\u20188. Notwithstanding the provisions of this Article, imports referred to in paragraph 1, 1 (a), 3, 3 (a), 4 and 4 (a) and exports referred to in paragraph 2 and 2 bis, may be permitted from, or to, any State not party to this Protocol, if that State is determined by a meeting of the Parties to be in full compliance with Article 2, Articles 2 A, 2 E, and this Article and have submitted data to that effect as specified in Article 7. \u2019\n\n\n\n\n\n\n\n\n\n\n\n\n3. The following paragraph shall be added to Article 4 of the Protocol as paragraph 9:\n\u20189. For the purposes of this Article, the term \u201cState not party to this Protocol\u201d shall include, with respect to a particular controlled substance, a State or regional economic integration organization that has not agreed to be bound by the control measures in effect for that substance. \u2019\n\n\n\n\nP. Article 5: Special situation of developing countries\n\nArticle 5 of the Protocol shall be replaced by the following:\n\n\u20181. Any Party that is a developing country and whose annual calculated level of consumption of the controlled substances in Annex A is less than 0,3 kilograms per capita on the date of the entry into force of the Protocol for it, or any time thereafter until 1 January 1999, shall in order to meet its basic domestic needs, be entitled to delay for 10 years its compliance with the control measures set out in Articles 2 A to 2 E. 2. However, any Party operating under paragraph 1 of this Article shall exceed neither an annual calculated level of consumption of the controlled substances in Annex A of 0,3 kilograms per capita nor an annual calculated level of consumption of the controlled substances of Annex B of 0,2 kilograms per capita. 3. When implementing the control measures set out in Articles 2 A to 2 E, any Party operating under paragraph 1 of this Article shall be entitled to use:\n\n\n\n\n\n\n(a)\n\n\nfor controlled substances under Annex A, either the average of its annual calculated level of consumption for the period 1995 to 1997 inclusive or a calculated level of consumption of 0,3 kilograms per capita, whichever is the lower, as the basis for determining its compliance with the control measures;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nfor controlled substances under Annex B, the average of its annual calculated level of consumption for the period 1998 to 2000 inclusive or a calculated level of consumption of 0,2 kilograms per capita, whichever is the lower, as the basis for determining its compliance with the control measures. 4. If a Party operating under paragraph 1 of this Article, at any time before the control measures obligations in Article 2 A to 2 E become applicable to it, finds itself unable to obtain an adequate supply of controlled substances, it may notify this to the Secretariat. The Secretariat shall forthwith transmit a copy of such notification to the Parties, which shall consider the matter at their next meeting, and decide upon appropriate action to be taken. 5. Developing the capacity to fulfil the obligations of the Parties operating under paragraph 1 of this Article to comply with the control measures set out in Articles 2 A to 2 E and their implementation by those same Parties will depend upon the effective implementation of the financial cooperation as provided by Article 10 and transfer of technology as provided by Article 10 A. 6. Any Party operating under paragraph 1 of this Article may, at any time, notify the Secretariat in writing that, having taken all practicable steps it is unable to implement any or all of the obligations laid down in Articles 2 A to 2 E due to the inadequate implementation of Articles 10 and 10 A. The Secretariat shall forthwith transmit a copy of the notification to the Parties, which shall consider the matter at their next meeting, giving due recognition to paragraph 5 of this Article and shall decide upon appropriate action to be taken. 7. During the period between notification and the meeting of the Parties at which the appropriate action referred to in paragraph 6 above is to be decided, or for a further period if the meeting of the Parties so decides, the non-compliance procedures referred to in Article 8 shall not be invoked against the notifying Party. 8. A meeting of the Parties shall review, not later than 1995, the situation of the Parties operating under paragraph 1 of this Article, including the effective implementation of financial cooperation and transfer of technology to them, and adopt such revisions that may be deemed necessary regarding the schedule of control measures applicable to those Parties. 9. Decisions of the Parties referred to in paragraphs 4, 6 and 7 of this Article shall be taken accordning to the same procedure applied to decision-making under Article 10. \u2019\n\nQ. Article 6: Assessment and review of control measures\n\nThe following words shall be added after \u2018Article 2\u2019 in Article 6 of the Protocol:\n\n\u2018Articles 2 A to 2 E, and the situation regarding production, imports and exports of the transitional substances in Group I of Annex C\u2019\n\nR. Article 7: Reporting of data\n\nArticle 7 of the Protocol shall be replaced by the following:\n\n\u20181. Each Party shall provide to the Secretariat, within three months of becoming a Party, statistical data on its production, imports and exports of each of the controlled substances in Annex A for the year 1986, or the best possible estimates of such data where actual data are not available. 2. Each Party shall provide to the Secretariat statistical data on its production, imports and exports of each of the controlled substances in Annex B and each of the transitional substances in Group I of Annex C, for the year 1989, or the best possible estimates of such data where actual data are not available, not later than three months after the data when the provisions set out in the Protocol with regard to the substances in Annex B enter into force for that Party. 3. Each Party shall provide statistical data to the Secretariat on its annual production (as defined in paragraph 5 of Article 1), and separately:\n\n\n\n\n\n\n\u2014\n\n\namounts used for feedstocks,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\namounts destroyed by technologies approved by the Parties,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nimports and exports to Parties and non-Parties respectively,\n\n\n\n\nof each of the controlled substances listed in Annexes A and B as well as of the transitional substances in Group I of Annex C, for the year during which provisions concerning the substances in Annex B entered into force for that Party and for each year thereafter. Data shall be forwarded not later than nine months after the end of the year to which the data relate. 4. For Parties operating under the provisions of paragraph 8 (a) of Article 2, the requirements in paragraph 1, 2 and 3 of this Article in respect of statistical data on imports and exports shall be satisfied if the regional economic integration organization concerned provides data on imports and exports between the organization and States that are not members of that organization. \u2019. S. Article 9: Research, development, public awareness and exchange of information\n\nParagraph 1 (a) of Article 9 of the Protocol shall be replaced by the following:\n\n\n\n\n\n\n\u2018(a)\n\n\nBest technologies for improving the containment, recovery, recycling, or destruction of controlled and transitional substances or otherwise reducing their emissions;\u2019. T. Article 10: Financial mechanism\n\nArticle 10 of the Protocol shall be replaced by the following:\n\n\u2018Article 10\nFinancial Mechanism\n1. The Parties shall establish a mechanism for the purposes of providing financial and technical cooperation, including the transfer of technologies, to Parties operating under paragraph 1 of Article 5 of this Protocol to enable their compliance with the control measures set out in Articles 2 A to 2 E of the Protocol. The mechanism, contributions to which shall be additional to other financial transfers to Parties operating under that paragraph, shall meet all agreed incremental costs of such Parties in order to enable their compliance with the control measures of the Protocol. An indicative list of the categories of incremental costs shall be decided by the meeting of the Parties. 2. The mechanism established under paragraph 1 shall include a multilateral fund. It may also include other means of multilateral, regional and bilateral cooperation. 3. The multilateral fund shall:\n\n\n\n\n\n\n(a)\n\n\nmeet, on a grant or concessional basis as appropriate, and according to criteria to be decided upon by the Parties, the agreed incremental costs;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nfinance clearing-house functions to:\n\n\n\n\n\n\n(i)\n\n\nassist Parties operating under paragraph 1 of Article 5, through country-specific studies and other technical cooperation, to identify their needs for cooperation,\n\n\n\n\n\n\n\n\n\n\n(ii)\n\n\nfacilitate technical cooperation to meet these identified needs,\n\n\n\n\n\n\n\n\n\n\n(iii)\n\n\ndistribute, as provided for in Article 9, information and relevant materials, and hold workshops, training sessions, and other related activities, for the benefit of Parties that are developing countries, and\n\n\n\n\n\n\n\n\n\n\n(iv)\n\n\nfacilitate and monitor other multilateral, regional and bilateral cooperation available to Parties that are developing countries;\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nfinance the secretarial services of the multilateral fund and related support costs. 4. The multilateral fund shall operate under the authority of the Parties who shall decide on its overall policies. 5. The Parties shall establish an Executive Committee to develop and monitor the implementation of specific operational policies, guidelines and administratives arrangements, including the disbursement of resources, for the purpose of achieving the objectives of the multilateral fund. The Executive Committee shall discharge its tasks and responsibilities, specified in its terms of reference as agreed by the Parties, with the cooperation and assistance of the International Bank for Reconstruction and Development (World Bank), the United Nations Environment Programme, the United Nations Development Programme or other appropriate agencies depending on their respective areas of expertise. The members of the Executive Committee, which shall be selected on the basis of a balanced representation of the Parties operating under paragraph 1 of Article 5 and of the Parties not so operating, shall be endorsed by the Parties. 6. The multilateral fund shall be financed by contributions from Parties not operating under paragraph 1 of Article 5 in convertible currency or, in certain circumstances, in kind and /or in national currency, on the basis of the United Nations scale of assessments. Contributions by other Parties shall be encouraged. Bilateral and, in particular cases agreed by a decision of the Parties, regional cooperation may, up to a percentage and consistent with any criteria to be specified by decision of the Parties, be considered as a contribution to the multilateral fund, provided that such cooperation, as a minimum:\n\n\n\n\n\n\n(a)\n\n\nstrictly relates to compliance with the provisions of this Protocol;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nprovides additional resources; and\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nmeets agreed incremental costs. 7. The Parties shall decide upon the programme budget of the multilateral fund for each fiscal period and upon the percentage of contributions of the individual Parties thereto. 8. Resources under the multilateral fund shall be disbursed with the concurrence of the beneficiary Party. 9. Decisions by the Parties under this Article shall be taken by consensus whenever possible. If all efforts at consensus have been exhausted and no agreement reached, decisions shall be adopted by a two-thirds majority vote of the Parties present and voting, representing a majority of the Parties operating under paragraph 1 of Article 5 present and voting and a majority of the Parties not so operating present and voting. 10. The financial mechanism set out in this Article is without prejudice to any future arrangements that may be developed with respect to other environmental issues. \u2019\n\nU. Article 10 A: Transfer of technology\n\nThe following Article shall be added to the Protocol as Article 10 A:\n\n\u2018Article 10 A:\nTransfer of technology\nEach Party shall take every practicable step, consistent with the programmes supported by the financial mechanism, to ensure:\n\n\n\n\n\n\n(a)\n\n\nthat the best available, environmentally safe substitutes and related technologies are expeditiously transferred to Parties operating under paragraph 1 of Article 5; and\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthat the transfers referred to in subparagraph (a) occur under fair and most favourable conditions. \u2019\n\n\n\n\n\nV. Article 11: Meetings of the Parties\n\nParagraph 4 (g) of Article 11 of the Protocol shall be replaced by the following:\n\n\n\n\n\n\n\u2018(g)\n\n\nassess, in accordance with Article 6, the control measures and the situation regarding transitional substances;\u2019. W. Article 17: Parties joining after entry into force\n\nThe following words shall be added after \u2018as well as under\u2019 in Article 17:\n\n\u2018Articles 2 A to 2 E, and\u2019. X. Article 19: Withdrawal\n\nArticle 19 of the Protocol shall be replaced by the following paragraph:\n\n\u2018Any Party may withdraw from this Protocol by giving written notification to the depositary at any time after four years of assuming the obligations specified in paragraph 1 of Article 2 A. Any such withdrawal shall take effect upon expiry of one year after the date of its receipt by the Depositary, or on such later date as may be specified in the notifications of the withdrawal. \u2019\n\nY. Annexes\n\nThe following annexes shall be added to the Protocol:\n\u2018\nAnnex B\nCONTROLLED SUBSTANCES\n\n\n\n\n\n\n\nGroup\n\n\nSubstance\n\n\nOzone-depleting potential\n\n\n\n\n\nGroup I\n\n\n\n\n\nCF3Cl\n\n\n(CFC-13)\n\n\n1,0\n\n\n\n\nC2FCl5\n\n\n\n(CFC-111)\n\n\n1,0\n\n\n\n\nC2F2Cl4\n\n\n\n(CFC-112)\n\n\n1,0\n\n\n\n\nC3FCl7\n\n\n\n(CFC-211)\n\n\n1,0\n\n\n\n\nC3F2Cl6\n\n\n\n(CFC-212)\n\n\n1,0\n\n\n\n\nC3F3Cl5\n\n\n\n(CFC-213)\n\n\n1,0\n\n\n\n\nC3F4Cl4\n\n\n\n(CFC-214\n\n\n1,0\n\n\n\n\nC3F5Cl3\n\n\n\n(CFC-215)\n\n\n1,0\n\n\n\n\nC3F6Cl2\n\n\n\n(CFC-216)\n\n\n1,0\n\n\n\n\nC3F7Cl\n\n\n(CFC-217)\n\n\n1,0\n\n\n\n\n\nGroup II\n\n\n\n\n\nCCl4\n\n\n\nCarbon tetrachloride\n\n\n1,1\n\n\n\n\n\nGroup III\n\n\n\n\n\nC2H3Cl3\n\u00a0(1)\n\n\n\n1,1,1-trichloroethane (methyl chloroform)\n\n\n0,1\n\n\n\n\n\n\nAnnex C\nTRANSITIONAL SUBSTANCES\n\n\n\n\n\n\nGroup\n\n\nSubstance\n\n\n\n\n\nGroup I\n\n\n\n\n\nCHFCl2\n\n\n\n(HCFC-21)\n\n\n\n\nCHF2Cl\n\n\n(HCFC-22)\n\n\n\n\nCH2FCl\n\n\n(HCFC-31)\n\n\n\n\nC2HFCl4\n\n\n\n(HCFC-121)\n\n\n\n\nC2HF2Cl3\n\n\n\n(HCFC-122)\n\n\n\n\nC2HF3Cl2\n\n\n\n(HCFC-123)\n\n\n\n\nC2HF4Cl\n\n\n(HCFC-124)\n\n\n\n\nC2H2FCl3\n\n\n\n(HCFC-131)\n\n\n\n\nC2H2F2Cl2\n\n\n\n(HCFC-132)\n\n\n\n\nC2H2F3Cl\n\n\n(HCFC-133)\n\n\n\n\nC2H3FCl2\n\n\n\n(HCFC-141)\n\n\n\n\nC2H3F2Cl\n\n\n(HCFC-142)\n\n\n\n\nC2H4FCl\n\n\n(HCFC-151)\n\n\n\n\nC3HFCl6\n\n\n\n(HCFC-221)\n\n\n\n\nC3HF2Cl5\n\n\n\n(HCFC-222)\n\n\n\n\nC3HF3Cl4\n\n\n\n(HCFC-223)\n\n\n\n\nC3HF4Cl3\n\n\n\n(HCFC-224)\n\n\n\n\nC3HF5Cl2\n\n\n\n(HCFC-225)\n\n\n\n\nC3HF6Cl\n\n\n(HCFC-226)\n\n\n\n\nC3H2FCl5\n\n\n\n(HCFC-231)\n\n\n\n\nC3H2F2Cl4\n\n\n\n(HCFC-232)\n\n\n\n\nC3H2F3Cl3\n\n\n\n(HCFC-233)\n\n\n\n\nC3H2F4Cl2\n\n\n\n(HCFC-234)\n\n\n\n\nC3H2F5Cl\n\n\n(HCFC-235)\n\n\n\n\nC3H3FCl4\n\n\n\n(HCFC-241)\n\n\n\n\nC3H3F2Cl3\n\n\n\n(HCFC-242)\n\n\n\n\nC3H3F3Cl2\n\n\n\n(HCFC-243)\n\n\n\n\nC3H3F4Cl\n\n\n(HCFC-244)\n\n\n\n\nC3H4FCl3\n\n\n\n(HCFC-251)\n\n\n\n\nC3H4F2Cl2\n\n\n\n(HCFC-252)\n\n\n\n\nC3H4F3Cl\n\n\n(HCFC-253)\n\n\n\n\nC3H5FCl2\n\n\n\n(HCFC-261)\n\n\n\n\nC3H5F2Cl\n\n\n(HCFC-262)\n\n\n\n\nC3H6FCl\n\n\n(HCFC-271). \u2019\n\nArticle 2: ENTRY INTO FORCE\n\n\n\n\n\n\n\n\n1. This amendment shall enter into force on 1 January 1992, provided that at least 20 instruments of ratification, acceptance or approval of the amendment have been deposited by States or regional economic integration organizations that are Parties to the Montreal Protocol on substances that deplete the ozone layer. In the event that this condition has not been fulfilled by that date, the amendment shall enter into force on the 90th day following the data on which it has been fulfilled. 2. For the purposes of paragraph 1, any such instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such organization. 3. After the entry into force to this amendment as provided under paragraph 1, it shall enter into force for any other Party to the Protocol on the 90th day following the date of deposit of its instrument of ratification, acceptance or approval. (1)\u00a0\u00a0This formula does not refer to 1,2,2-trichloroethane"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/2be79e53-ac11-4b50-801b-1e27619d200c", "title": "Commission Regulation (EEC) No 1838/90 of 29 June 1990 fixing for the 1990/91 marketing year the Community offer prices for apples applicable with regard to Spain", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1990-06-29", "subjects": "pip fruit", "workIds": "celex:31990R1838,oj:JOL_1990_168_R_0008_026", "eurovoc_concepts": ["pip fruit"], "url": "http://publications.europa.eu/resource/cellar/2be79e53-ac11-4b50-801b-1e27619d200c", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/4f2b49aa-f209-407d-8861-2b640c30112b", "title": "PROPOSAL FOR A COUNCIL REGULATION ( EEC ) IMPOSING A DEFINITIVE ANTI-DUMPING DUTY ON IMPORTS OF SILICON METAL ORIGINATING IN THE PEOPLE' S REPUBLIC OF CHINA", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1990-06-28", "subjects": "China,anti-dumping duty,dumping,import,semi-metal", "workIds": "celex:51990PC0300,comnat:COM_1990_0300_FIN", "eurovoc_concepts": ["China", "anti-dumping duty", "dumping", "import", "semi-metal"], "url": "http://publications.europa.eu/resource/cellar/4f2b49aa-f209-407d-8861-2b640c30112b", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nC0M(90) 300 final \n\nBrussels, 28 June 1990 \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\nImposing a definitive antidumping duty on Imports of \n\nsilicon metal originating In the \n\nPeople's Republic of China \n\n(presented by the Commission) \n\n\fProposal for a \n\nCOUNCIL REGULATION (EEC) \n\nimposing a definitive antidumping duty on imports of \n\nsilicon metal originating in the \n\nPeopIe's Republie of ChIna \n\nThe Council of the European Communities \n\nHaving regard to tfee Treaty establishing the European Economic Community, \n\nHaving regard to Council Regulation (EEC) No 2423/88 of 11 July 19881> \n\non protection against dumped or subsidized imports from countries not \n\nmembers of the European Economic Community and in particular Art. 12 \n\nthereof, \n\nHaving regard to the proposal submitted by the Commission after \n\nconsultation within the Advisory Committee as provided for under the \n\nabovementloned Regulation, \n\nWHEREAS \n\nA. Provisional Measures \n\n(1) The Commission, by Regulation (EEC) No 720/902) \n\nimposed a \n\nprovisional antidumping duty on imports into the Community of \n\nsilicon-metal falling within CN Code 2804 6900 and originating in the \n\nPeople's Republic of China. 1) O. J. N\" L 209/88, 2. 8. 1988 \n\n2) O. J. N- L 80/90 Of 27. 3. 1990 \n\n\f- 2 \n\nB. Subsequent Procedure \n\n(2) Following the imposition of the provisional antidumping duty, the \n\nrepresentatives of the complainants as well as representatives of the \n\nBritish and German user industry and one of the British importers \n\nrequested and were granted an opportunity to be heard by the \n\nCommission. They also made written submissions making known their \n\nviews on the provisional findings. c. Pump Ing \n\n(3) For the purpose of definitive findings normal value was established \n\non the basis of the same method as that used for the provisional \n\ndetermination of dumping. This method has been criticized by one of \n\nthe importers as not being justified, given the fact that the \n\nproduction conditions in the Community and the People's Republic of \n\nChina are not comparable. However, in the case of imports from non-\n\nmarket economy countries, Art. 2(5) of Regulation (EEC) N* 2423/88 \n\nprovides that normal value shall be based in an appropriate and not \n\nunreasonable manner, whenever possible, on the basis of prices or \n\ncosts of manufacturers In a market economy third country. For this \n\npurpose the Commission contacted producers In four different \n\ncountries, as described In recital 10 of Regulation (EEC) 720/90. (4) The Council confirms that in the absence of satisfactory cooperation \n\nfrom these companies, there is no other possibility but to establish \n\nnormal value on the basis of the price payable in the Community for \n\nthe like product, duly adjusted to include a reasonable profit margin \n\nin accordance with Article 2(5)(c) of Regulation (EEC) 2423/88 \n\nHowever adjustments have been made when comparing normal value and \n\nexport price as set out under recitals 5 and 6 be low. - 3 -\n\nExport Price \n\n(5) Since the Comission had no other findings the export prices have been \n\ndefinitively established in accordance with Art. 7(7)(b) of Regulation \n\n(EEC) No 2423/88 on the basis of the information available, I. e. the \n\nimport prices published by Eurostat. (6) The Commission found that this information was very similar to the \n\ninformation supplied by the exporters which had given partial replies \n\nto the Commission's questionnaire. (7) The Council confirms the Commission's findings and conclusions set \n\nout in recitals 11 and 12 of Commission Regulation (EEC) No 720/90. E. Comparison \n\n(8) One of the importers and a major part of the user industry alleged \n\nthat the Commission, in comparing normal value, had not sufficiently \n\ntaken into account the differences affecting the comparability of \n\nprices and In particular differences In the physical characteristics \n\nof the products and in the costs of transport from China to the \n\nCommun i t y. (9) However, the Commission, in comparing normal value with export \n\nprices, had adjusted the export price by the costs incurred by the \n\nimporter as a result of checks on differences in volume and quality. Allowance was also made for differences in packaging and for the \n\ntransports costs from China to the the Community (recital 13 of \n\nRegulation (EEC) 720/90); \n\nThe Council confirms the Commission's conclusions. F. Dumping margins \n\n- 4 -\n\n(10) \n\nThe Commission found the existence of dumping, the weighted \n\naverage dumping margin expressed as a percentage of the total cif \n\nvalue of imports of the product concerned for the Investigation \n\nperiod being 38,73%. The Council confirms the findings In recital 16 of Regulation \n\n(EEC) 720/90. G. Inlurv \n\n(11) \n\nThe Commission concluded, in its provisional findings, that the \n\nCommunity producers of silicon metal had suffered material \n\ninjury. It based these findings principally on the Chinese \n\nexporters' rapid increase in the voiume of exports and In market \n\nshare, the price undercutting practised by these exporters in the \n\nCommunity market and the fact that the Community Industry, by \n\noffering silicon metal at prices competitive with the dumped \n\nimports, had to sell their material at prices equal to or below \n\ncost of production. (12) \n\nThe Community producers submitted evidence to the Commission \n\nshowing that, since the beginning of 1989, the export prices of \n\nthe Chinese producers/exporters had further decreased by \n\napproximately 10%. However, it is considered inappropriate in the \n\npresent case, in conformity with standard practice, to take \n\naccount of facts which have occurred after the investigation \n\nperiod. - 5 -\n\n(13) \n\nThe user Industry and one of the importers maintained that the \n\ndata presented in Regulation (EEC) No 720/90 showed only the \n\nexistence of a normal, competitive situation and that the \n\nnegative evolution of the Community industry was simply due to a \n\nlack of cost efficiency. However, these allegations were not \n\nsupported by any evidence. The Council confirms the findings of \n\nthe Commission as set out in recitals 18 to 27 of Regulation \n\n(EEC) No 720/90. H. Causation of injury \n\n(14) \n\nIn recitals 28 to 31 of Regulation (EEC) No 720/90 the \n\nCommission found that the growth in imports from China coincided \n\nwith the loss of market share by the Community producers and a \n\nloss of prof i tabiIi ty. (15) \n\nOne of the importers challenged the causal link between the \n\nimports of the Chinese material and the injury suffered by the \n\nCommunity industry by alleging that cheap imports from other \n\nthird countries had taken place during \n\nthe period of \n\ninvest igat ion. (16) \n\nThis argument has already been raised during the preliminary \n\ninvestigation. The Commission has dealt with this question in \n\nrecital 30 of Regulation (EEC) 720/90 and stresses once more that \n\nprices for \n\nimports from other non-member countries were \n\nremarkably higher than the prices for the Chinese material during \n\nthe period of investigation. (17) \n\nThe Council confirms the Commission's findings and conclusions in \n\nrecitals 28 to 31 of Regulation (EEC) 720/90 that the imports \n\nunder consideration taken in isolation have caused material \n\ninjury. - 6 -\n\nI. Community Interest \n\n(18) \n\nPart of the user industry of the imported product claimed that \n\nthe Commission had not sufficiently taken Into account the \n\ninterests of the user industry to have the possibility of buying \n\nlow priced material from outside the EEC. The industry \n\nrepresentatives further claimed, that where a definitive duty \n\nwould be imposed, the final product of their major clients, the \n\nautomobile \n\nindustry would experience a substantial \n\nprice \n\nincrease. (19) \n\nHowever the possible impact of the definitive duty on the costs \n\nof the finished products, In which siliconmetal is included, was \n\nacknowledged by the user industry to be below 1%. The Commission \n\ntherefore considers, as already stated in recitals 33 and 34 of \n\nRegulation (EEC) 720/90, that the Community's interest that fair \n\ncompetition be reestablished on the Community markt and the \n\nCommunity producers' interest in the continuation of their own \n\nproduction and in fair prices outweighed the interests of the \n\nuser industry to take advantage of the unfair practices. (20) \n\nin addition it was alleged that, after the imposition of a \n\ndefinitive duty, imports from other third countries would take \n\nover the market share of the Chinese material rather than \n\nremoving the injury suffered by the Community industry. (21) \n\nAs regards the possible replacement of Chinese imports by imports \n\nfrom other third countries the Commission considers that imports \n\nat fair prices from other third countries are not against the \n\nInterest of the Community and therefore cannot be an argument \n\nagainst measures to be taken against imports of dumped products. (22) \n\nThe Council confirms these conclusions \n\n\f- 7 -\n\nJ. Puty \n\n(23) \n\nProvisional measures took the form of an ad valorem antidumping \n\nduty, the amount of which was calculated at a level which would \n\nincrease the prices of the Imported product to a theoretical \n\nselling price allowing the Community industry to realise a profit \n\nmargin of 6,5%, which was considered to be a minimum profit \n\nmargin in order to guaranty a producer a reasonable return on \n\ninvestment. (24) \n\nIn order to remedy the continuous price decrease of the Chinese \n\nImports, the Commission considers it more appropriate to impose a \n\ndefinitive antidumping duty in the form of a specific duty \n\ninstead of an ad valorem duty. In taking account of the \n\nconsiderations given in recitals 36 and 37 of Regulation (EEC) \n\n720/90 it is considered that the amount of the definitive duty \n\nshould be calculated on the basis of the provisional duty of \n\n18,7% on the weighted average CIF price of the Chinese material \n\nduring the investigation period and amounts to 198 ECU per tonne. The Council confirms this conclusion. K. Collection of provisional duties \n\n(25) \n\nIn view of the dumping margins established and the seriousness of \n\nthe injury caused to the Community industry, the Council \n\nconsiders it necessary that amounts collected by way of \n\nprovisional antidumping duties should be definitively collected \n\nto the extent of the amount of the duty definitively imposed. HAS ADOPTED THIS REGULATION: \n\n- 8 -\n\nArticle 1 \n\n1. A definitive antidumping duty is hereby imposed on imports of silicon \n\nmetal falling within CN Code 2804 6900 originating in the People's \n\nRepublic of China. 2. The duty shall be 198 ECU/tonne of the Imported product. 3. The provisions in force concerning customs duties shall apply. Article 2 \n\nThe amounts collected or secured by way of provisional antidumping duty \n\nunder Regulation (EEC) No 720/90 shall be collected at the rates of duty \n\ndefinitively imposed where the definitive rate of duty is lower than the \n\nprovisional antidumping duty and at the rates of provisional duty in all \n\nother cases. Secured amounts which are not covered by the rates of duty \n\ndefinitively imposed shall be released. Article 3 \n\nThis Regulation shall enter into force on the day following its \n\npublication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable \n\nin all Member States. Done at Brussels, \n\nFor the CounclI \n\nThe President \n\n\f\fISSN 0254-1475 \n\nCOM(90) 300 final \n\nDOCUMENTS \n\nEN \n\n02 il \n\nCatalogue number : CB-CO-90-330-EN-C \nISBN 92-77-62097-8 \n\nPRICE \n\n1 - 30 pages: 3. 50 ECU \n\nper additional 10 pages: 1. 25 ECU \n\nOffice fd Official Publications of the European Communities \nL-2985 Luxembourg"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/ca327871-88a1-45ba-9890-7a77638f0e78", "title": "90/348/EEC: Commission Decision of 28 June 1990 renewing and amending Decision 85/594/EEC authorizing the Hellenic Republic to take certain protective measures under Article 108 (3) of the EEC Treaty (Only the Greek text is authentic)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1990-06-28", "subjects": "Greece,protective clause", "workIds": "celex:31990D0348,oj:JOL_1990_170_R_0051_045", "eurovoc_concepts": ["Greece", "protective clause"], "url": "http://publications.europa.eu/resource/cellar/ca327871-88a1-45ba-9890-7a77638f0e78", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/bb862006-b73c-4a97-9ac4-1c8aa6e700b4", "title": "Commission Directive 90/388/EEC of 28 June 1990 on competition in the markets for telecommunications services", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#directive,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1990-06-28", "subjects": "approximation of laws,competition,competition law,interactive network,telecommunications,transmission network", "workIds": "celex:31990L0388,oj:JOL_1990_192_R_0010_01", "eurovoc_concepts": ["approximation of laws", "competition", "competition law", "interactive network", "telecommunications", "transmission network"], "url": "http://publications.europa.eu/resource/cellar/bb862006-b73c-4a97-9ac4-1c8aa6e700b4", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/d125dcfa-5526-4fec-830f-b6d87ca9c4ab", "title": "Council Resolution of 28 June 1990 on the strengthening of the Europe-wide cooperation on radio frequencies, in particular with regard to services with a pan-European dimension", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_legislative_other_oj_c,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1990-06-28", "subjects": "European Movement,European cooperation,telecommunications,transmission network,waveband", "workIds": "celex:31990Y0707(02),oj:JOC_1990_166_R_0004_01", "eurovoc_concepts": ["European Movement", "European cooperation", "telecommunications", "transmission network", "waveband"], "url": "http://publications.europa.eu/resource/cellar/d125dcfa-5526-4fec-830f-b6d87ca9c4ab", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/433f8b93-0fb0-4b23-a9ca-95d91b3b90e1", "title": "Commission Regulation (EEC) No 1783/90 of 28 June 1990 amending Reglation (EEC) No 946/90 as regards the list of storage agencies holding dried grapes (sultanas) from the 1988 harvest", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1990-06-28", "subjects": "aid to agriculture,award of contract,dried product,food processing,sale,storage", "workIds": "celex:31990R1783,oj:JOL_1990_163_R_0049_041", "eurovoc_concepts": ["aid to agriculture", "award of contract", "dried product", "food processing", "sale", "storage"], "url": "http://publications.europa.eu/resource/cellar/433f8b93-0fb0-4b23-a9ca-95d91b3b90e1", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/c0a1951d-b39a-4d04-a20a-38942d3e4d68", "title": "Commission Regulation (EEC) No 1784/90 of 28 June 1990 amending Regulation (EEC) No 3929/87 on harvest, production and stock declarations relating to wine- sector products", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1990-06-28", "subjects": "fruit product,harvest,storage of food,viticulture,wine", "workIds": "celex:31990R1784,oj:JOL_1990_163_R_0050_042", "eurovoc_concepts": ["fruit product", "harvest", "storage of food", "viticulture", "wine"], "url": "http://publications.europa.eu/resource/cellar/c0a1951d-b39a-4d04-a20a-38942d3e4d68", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/fd3d9d6e-77d2-49f3-b28c-328d7b706adf", "title": "Agreement in the form of an Exchange of Letters between the European Economic Community and the Principality of Andorra - Agreement between the European Economic Community and the Principality of Andorra - Joint Declarations", "langIdentifier": "ENG", "mtypes": "fmx4,html,pdfa1b,print,xhtml", "workTypes": "http://publications.europa.eu/ontology/cdm#agreement_international,http://publications.europa.eu/ontology/cdm#agreement_non-member-states,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Andorra,European Economic Community", "date": "1990-06-28", "subjects": "Andorra,customs cooperation,export (EU),import (EU),trade agreement (EU)", "workIds": "celex:21990A1231(02)", "eurovoc_concepts": ["Andorra", "customs cooperation", "export (EU)", "import (EU)", "trade agreement (EU)"], "url": "http://publications.europa.eu/resource/cellar/fd3d9d6e-77d2-49f3-b28c-328d7b706adf", "lang": "eng", "formats": ["fmx4", "html", "pdfa1b", "print", "xhtml"], "text": "L_1990374EN. 01001401. xml\n\n\n\n\n\n\n\n\n\n\n31. 12. 1990\u00a0\u00a0\u00a0\n\n\nEN\n\n\nOfficial Journal of the European Communities\n\n\nL 374/14\n\n\n\n\n\nAGREEMENT\nin the form of an exchange of letters between the European Economic Community and the Principality of Andorra\nLuxembourg, 28 June 1990\nGentlemen,\nPlease find attached the text of the Agreement between the Principality of Andorra and the European Economic Community. We have the honour to confirm that the Principality of Andorra accepts the Agreement. We should be grateful if you would kindly confirm that the European Economic Community accept! the Agreement. The Agreement between the Principality of Andorra and the European Economic Community shall thereby be concluded, as set out in the attached text. Please accept, Gentlemen, the assurance of our highest consideration. For the President of the French Republic Co-Prince of Andorra\n\n\n\n\n\n\n\nFor the Bishop of Urgel Co-Prince of Andorra\n\n\n\n\n\n\n\nFor the Government of Andorra\n\n\n\n\n\nLuxembourg, 28 June 1990\nGentlemen,\nWe acknowledge receipt of your letter accepting the Agreement between the Principality of Andorra and the European Economic Community. Your letter reads as follows:\n\n\u2018Please find attached the text of the Agreement between the Principality of Andorra and the European Economic Community. We have the honour to confirm that the Principality of Andorra accepts the Agreement. We should be grateful if you would kindly confirm that the European Economic Community accepts the Agreement. The Agreement between the Principality of Andorra and the European Economic Community shall thereby be concluded, as set out in the attached text. \u2019\n\nWe have the honour to confirm that the Community accepts the Agreement between the Principality of Andorra and the European Economic Community. Acceptance of the Agreement by the Community will take place following completion of the necessary internal procedures and will be notified to you in accordance with Article 24 (2) of the Agreement. Please accept, Gentlemen, the assurance of our highest consideration. On behalf of the Council of the European Communities\n\n\n\n\n\n\n\nAGREEMENT\nbetween the European Economic Community and the Principality of Andorra\nTHE PRINCIPALITY OF ANDORRA\nand\nTHE EUROPEAN ECONOMIC COMMUNITY,\nDESIROUS of introducing, in respect of their tirade relations, arrangements to take the place of national arrangements currently in force and respecting the specific situation of the Principality of Andorra,\nCONSIDERING THAT, owing to geographical, historical and social and economic factors, Andorra's exceptional situation justifies special arrangements, particularly as regards exemption from import duties, turnover tax and excise duties collected on goods imported by travellers from Andorra into the Community,\nHAVE AGREED AS FOLLOWS:\nArticle 1\nTrade between the European Economic Community, on the one hand, and the Principality of Andorra, on the other, shall be governed by the provisions set out below. TITLE I\n\nCustoms Union\n\nArticle 2\nA customs union shall be established between the European Economic Community and Andorra for the products covered by Chapters 25 to 97 of the Harmonized System in accordance with the procedure and conditions set out under this Title. Article 3\n1. The provisions of this Title shall apply to:\n\n\n\n\n\n\n(a)\n\n\ngoods produced in the Community or in the Principality of Andorra, including those obtained wholly or in part from products which come from third countries and axe in free circulation in the Community or in the Principality of Andorra;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\ngoods which come from third countries and are in free circulation in the Community or in the Principality of Andorra. 2. Products coming from third countries shall be considered to be in free circulation in the Community or in the Principality of Andorra if the import formalities have been complied with and any customs duties or charges having equivalent effect which are payable have been levied, and there has been no total or partial drawback of such duties or charges in respect of the said products. Article 4\nThe provisions of this Title shall also apply to goods obtained in the Community or in the Principality of Andorra, in the manufacture of which were used products coming from third countries and not in free circulation either in the Community or in the Principality of Andorra. These provisions shall, however, apply to those goods only if the exporting Contracting Party levies the customs duties laid down in the Community for third country products used in their manufacture. Article 5\nThe Contracting Parties shall refrain from introducing between themselves any new customs duties on imports or exports or charges having equivalent effect, and from increasing those already applied in their trade with each other on 1 January 1989. Article 6\n1. Customs duties on imports and charges having equivalent effect in force between the Community and the Principality of Andorra shall be abolished in accordance with paragraphs 2 and 3. 2. On 1 January 1991, the Principality of Andorra shall abolish customs duties and charges having equivalent effect on imports from the Community. 3. (a)\n\n\nFrom 1 January 1991 the Community, with the exception of the Kingdom of Spain and the Portuguese Republic, shall abolish customs duties and charges having equivalent effect on imports from the Principality of Andorra. (b)\n\n\nFrom 1 January 1991 the Kingdom of Spain and the Portuguese Republic shall apply the same customs duties in respect of the Principality of Andorra as they apply in respect of the Community as constituted on 31 December 1985. (c)\n\n\nIn the case of processed agricultural products covered by Chapters 25 to 97 of the Harmonized System and referred to in Regulation (EEC) No 3033/80, subparagraphs (a) and (b) shall apply to customs duties constituting the fixed component of the charge on imports of those products into the Community from the Principality of Andorra, while the variable component provided for in the Regulation shall continue to apply. (d)\n\n\nBy way of derogation from subparagraphs (a), (b) and (c), imports covered by the provisions relating to tax relief for travellers referred to in Article 13 shall be exempt from customs duties from 1 January 1991. Article 7\n1. For products covered by the customs union, the Principality of Andorra shall adopt, with effect from 1 January 1991:\n\n\n\n\n\n\n\u2014\n\n\nthe provisions on import formalities applied by the Community to third countries,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nthe laws, regulations and administrative provisions applicable to customs matters in the Community and necessary for the proper functioning of the customs union. The provisions referred to in the first and second indents shall be those currently applicable in the Community. 2. The provisions referred to in the second indent of paragraph 1 shall be determined by the Joint Committee provided for in Article 17. Article 8\n\n\n\n\n\n\n1. (a)\n\n\nOver a period of five years, and beyond that period if no agreement can be reached in accordance with (b), the Principality of Andorra shall authorize the Community, acting on behalf of and for the Principality of Andorra, to enter goods sent from third countries to the Principality of Andorra for free circulation. Entry into free circulation will be effected by the Community customs offices listed in Annex I. (b)\n\n\nAt the end of this period, and under Article 20, the Principality of Andorra may exercise right of entry into free circulation for its goods, following agreement by the Contracting Parties. 2. Where import duties are payable on goods pursuant to paragraph 1, these duties shall be levied on behalf of the Principality of Andorra. The Principality of Andorra shall undertake not to refund these sums directly or indirectly to the parties concerned. 3. The Joint Committee provided for in Article 17 shall determine:\n\n\n\n\n\n\n(a)\n\n\npossible changes to the list of the Community customs offices competent to clear the goods referred to in paragraph 1 and the procedure for forwarding the said goods to the Principality of Andorra referred to in paragraph 1;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe arrangements for assigning to the Andorran Exchequer the amounts collected in accordance with paragraph 2, and the percentage to be deducted by the Community to cover administrative costs in accordance with the relevant regulations in force within the Community;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nany other arrangements necessary for the proper implementation of this Article. Article 9\nQuantitative restrictions on imports and exports and all measures having equivalent effect between the Community and the Principality of Andorra shall be prohibited from 1 January 1991. Article 10\n1. Should either Contracting Party consider that disparities arising from the other Party's application, in respect of imports from third countries, of customs duties, quantitative restrictions or any measures having equivalent effect, or of any other measure of commercial policy, threaten to deflect trade or to cause economic difficulties in its territory, it may bring the matter before the Joint Committee, which shall, if necessary, recommend appropriate methods for avoiding any harm liable to result therefrom. 2. Where deflections occur or economic difficulties arise and the Party concerned considers that they call for immediate action, that Party may itself take the necessary surveillance or protection measures, notifying the Joint Committee without delay; the Joint Committee may recommend that the said measures be amended or abolished. 3. In the choice of such measures, preference shall be given to those which least disturb the operation of the customs union and, in particular, the normal development of trade. TITLE II\n\nArrangements for products not covered by the customs union\n\nArticle 11\n1. Products covered by Chapters 1 to 24 of the Harmonized System which originate in the Principality of Andorra shall be exempt from import duties when imported into the Community. 2. Rules of origin and methods of administrative cooperation are set out in the Appendix. Article 12\n1. The arrangements applied to goods from third countries imported into the Principality of Andorra shall not be more favourable than those applied to imports of Community goods. 2. Products covered by headings No 24. 02 and 24. 03 of the Harmonized System which are manufactured in the Community from raw tobacco and which meet the conditions of Article 3 (1) shall be eligible, when imported into the Principality of Andorra, for a preferential rate corresponding to 60 % of the rate applied in the Principality of Andorra for the same products vis-\u00e0-vis third countries. TITLE III\n\nCommon provisions\n\n\nArticle 13\n\n1. Exemptions from import duties, turnover tax and excise duties levied on imports by travellers between the Contracting Parties and applicable to goods contained in the: personal luggage of travellers coming from one of the Contracting Parties shall be those currently applicable in the Community in respect of third countries, provided imports of those goods are strictly non-commercial. 2. With regard to the products covered by Title II of this Agreement and listed below, the exemptions referred to in paragraph 1 shall be granted within the following quantitative limits for each traveller entering the Community from the Principality of Andorra:\n\n\n\n\n\n\n\u2014 milk powder\n\n\n2,5 Kilograms\n\n\n\n\n\u2014 condensed milk\n\n\n3 Kilograms\n\n\n\n\n\u2014 fresh milk\n\n\n6 Kilograms\n\n\n\n\n\u2014 butter\n\n\n1 Kilograms\n\n\n\n\n\u2014 cheese\n\n\n4 Kilograms\n\n\n\n\n\u2014 sugar and confectionery\n\n\n5 Kilograms\n\n\n\n\n\u2014 meat\n\n\n5 Kilograms. 3. By way of derogation from the provisions of paragraph 1 and provided that the goods have been acquired under the domestic market conditions of one of the Contracting Parties and meet the above conditions:\n\n\n\n\n\n\n\u2014\n\n\nthe total value of the exemptions applicable to goods covered by Title I shall be set per person at three times the value of the exemption granted by the Community to travellers from third countries,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nthe following quantitative limits shall apply to the goods listed below:\n\n\n\n\n\n\n(a)\n\n\n\nTobacco products\n\n\n\n\n\n\n\ncigarettes\n\n\n300 items\n\n\n\n\nor\n\n\n\u00a0\n\n\n\n\ncigarillos\n(cigars weighing no more than 3 g each)\n\n\n150 items\n\n\n\n\nor\n\n\n\u00a0\n\n\n\n\ncigars\n\n\n75 items\n\n\n\n\nor\n\n\n\u00a0\n\n\n\n\nsmoking tobacco\n\n\n400 grams\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\n\nAlcohol and alcoholic beverages\n\n\n\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\ndistilled beverages and spirituous beverages having an alcoholic strength by volume of more than 22 % vol; undenatured ethyl alcohol of 80 % vol or more,\n\n\n\n\n\n\n1,5 litres total\n\n\n\n\nor\n\n\n\u00a0\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nspirituous distilled beverages, aperitifs based on wine or alcohol, taffia, sake or similar beverages with an alcoholic strength by volume not exeeding 22 % vol, sparkling wine, dessert wine\n\n\n\n\n\n\n3 litres total\n\n\n\n\nand\n\n\n\u00a0\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nstill wine\n\n\n\n\n\n\n5 litres total\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\n\n\n\n\n\n\n\nPerfume\n\n\n\n75 gram\n\n\n\n\nand\n\n\n\u00a0\n\n\n\n\ntoilet water\n\n\n\n3/8 litres\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\n\n\n\n\n\n\n\nCoffee\n\n\n\n1\u00a0000 grams\n\n\n\n\nor\n\n\n\n\nextracts and essences of coffee\n\n\n400 grams\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\n\n\n\n\n\n\n\nTea\n\n\n\n200 grams\n\n\n\n\nor\n\n\n\u00a0\n\n\n\n\nextracts and essences of tea\n\n\n80 gram\n\n\n\n\n\n\n\n\n\n\n\n\n4. Within the quantitative limits laid down in the second indent of paragraph 3, the value of the goods listed therein shall not be taken into consideration for determining the exemptions referred to in paragraph 1. Article 14\nThe Contracting Parties shall refrain from any domestic tax measure or practice leading directly or indirectly to discrimination between the products of one Contracting Party and similar products from the other Contracting Party. Products sent to the territory of one of the Contracting Parties shall not be eligible for a refund of domestic charges which is higher than the charges which have been levied directly or indirectly. Article 15\n1. In addition to the cooperation provided for in Articles 11 (2) and 17 (8), the administrative authorities of the Contracting Parties responsibile for implementing the provisions of this Agreement shall assist each other in other cases so as to ensure compliance with the provisions. 2. Arrangements for the application of paragraph 1 shall be determined by the Joint Committee referred to in Article 17. Article 16\n\nThe Agreement shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security, the protection of health and life of humans, animals or plants, the protection of national treasures possessing artistic, historic or archaeological value, the protection of industrial or commercial property or controls relating to gold and silver. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Contracting Parties. Article 17\n1. A Joint Committee shall be set up with responsibility for administering this Agreement and ensuring that it is properly implemented. To that end, it shall formulate recommendations. It shall take decisions in the cases provided for in the Agreement. The decisions shall be executed by the Contracting Parties in accordance with their own regulations. 2. Which a view to the proper performance of this Agreement, the Contracting Parties shall carry out exchanges of information and, at the request of either party, shall consult together in the Joint Committee. 3. The Joint Committee shall draw up its own rules of procedure. 4. The Joint Committee shall be composed, on the one hand, of representatives of the Community and, on the other, of representatives of the Principality of Andorra. 5. The Joint Committee shall take decisions by common accord. 6. The Joint Committee shall be chaired by each of the Contracting Parties in turn in accordance with the arrangements to be laid down in its rules of procedure. 7. The Joint Committee shall meet at the request of either of the Contracting Parties, to be lodged at least one month before the date of the intended meeting. Where the Joint Committee is convened under Article 10, it shall meet within eight working days from the date on which the request is lodged. 8. In accordance with the procedure laid down in paragraph 1, the Joint Committee shall determine methods of administrative cooperation for the purposes of applying Articles 3 and 4, taking as a basis the methods adopted by the Community in respect of trade between the Member States; it may also amend provisions in the Appendix, referred to in Article 11. Article 18\n1. Any disputes arising between the Contracting Parties over the interpretation of the Agreement shall be put before the Joint Committee. 2. If the Joint Committee does not succeed in settling the dispute at its next meeting, each Party may notify the other of the designation of an arbitrator; the other Party shall then be required to designate a second arbitrator within two months. The Joint Committee shall designate a third arbitrator. The arbitrator's decisions shall be taken by a majority vote. Each Party involved in the dispute shall be required to take the measures needed to ensure the application of the arbitrator's decision. Article 19\nIn trade covered by this Agreement:\n\n\n\n\n\n\n\u2014\n\n\nthe arrangements applied by the Principality of Andorra vis-\u00e0-vis the Community may not give rise to any discrimination between the Member States, their nationals or their companies,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nthe arrangements applied by the Community vis-\u00e0-vis the Principality of Andorra may not give rise to any discrimination between Andorran nationals or companies. TITLE IV\n\nGeneral and final provisionsb\n\nArticle 20\nThis Agreement is concluded for an unlimited duration. Within five years of its entry into force, the two Parties shall begin consultations to examine the results of its application and, if necessary, to open negotiations on its amendment in the light of that examination. Article 21\nEither Contracting Party may denounce this Agreement by notifying the other Contracting Party in writing. In that case, the Agreement shall cease to have effect six months after the date of such notification. Article 22\nThis Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Economic Community is applied and under the conditions laid down in that Treaty and, on the other, to the territory of the Principality of Andorra. Article 23\nAnnexes I and II and the Appendix to this Agreement shall form an integral part thereof. Article 24\n1. This Agreement shall enter into force on 1 July 1990, on condition that the Contracting Parties have notified each other before that date of the completion of the procedures necessary to that effect. 2. After the date provided for in paragraph 1, this Agreement shall enter into force on the first day of the second month following notification. 3. If paragraph 2 applies, the date 1 January 1991 contained in various provisions of this Agreement shall be replaced by the date 1 July 1991. Article 25\nThe provisions of this Agreement shall replace those applied by the Community, and in particular by France and Spain, prior to the Agreement's entry into force, under the 1967 Exchange of Letters with the Principality of Andorra. Article 26\nThis Agreement is drawn up in two originals in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese, Spanish and Catalan languages, each text being equally authentic. ANNEX I\nList of customs offices referred to in Article 8 (1)\n\n\n\n\n\n\n\u2014\n\n\nTOULOUSE PORTET\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nL'HOSPITALET-PAS DE LA CASE\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nLA TOUR DE CAROL\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nPERPIGNAN\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nMADRID\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nBARCELONA\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nALGECIRAS\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nTUY\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nFARGA DE MOLES\n\n\n\n\n\n\nANNEX II\nAs regards the provisions of trade policy adopted by the Principality of Andorra under the Agreement, and in order that imports of the products consumed in Andorra should not be affected by these provisions, derogations may be decided by the Joint Committee at the request of the Principality of Andorra; these derogations may include aspects of common commercial policy which do not apply to all the Member States of the Community. The Commission shall communicate to the Andorran authorities any relevant information concerning the arrangements applicable to the Community's external trade. Statement by the Community concerning agricultural and processed agricultural products\nThis Agreement shall not affect the Community's refund arrangements for exports of Community agricultural products or processed agricultural products. Joint Statement\nIn so far as provisions of this Agreement, such as, in particular, the provisions governing customs duties, charges having equivalent effect, quantitative restrictions, measures having equivalent effect, prohibitions on imports, exports or goods in transit, are similar to the provisions of the Treaty establishing the European Economic Community, the Contracting Parties' representatives within the Joint Committee shall undertake to interpret the former, within the scope of this Agreement, in the same way as the latter are interpreted in trade within the European Economic Community. Statement by the Principality of Andorra\nThe Principality of Andorra undertakes not to operate any discrimination as regards import duties and taxes levied on whisky, absinth and aniseed-based aperitifs, on the one hand, and other alcoholic beverages and aperitifs, on the other hand. Joint Statement\nThe Joint Committee shall examine, and endeavour to find a solution to, any problems which arise in trade between the Contracting Parties as regards the monitoring and certification of technical standards. APPENDIX\nconcerning the definition of \u2018originating products\u2019 and methods of administrative cooperation\nTITLE I\n\nDEFINITION OF THE CONCEPT OF ORIGINATING PRODUCTS\n\nArticle 1\nFor the purpose of implementing the provisions of Article 11 (1) of the Agreement, the following shall be regarded as products originating in the Principality of Andorra:\n\n\n\n\n\n\n(a)\n\n\nvegetable products which are harvested in the Principality of Andorra;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nlive animals born and raised in the Principality of Andorra;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nproducts obtained from live animals born and raised in the Principality of Andorra;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nproducts from hunting or fishing in the Principality of Andorra;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nproducts obtained in the Principality of Andorra by working or processing products referred to in points (a) to (d), even if other products have been used in their manufacture, provided that the products which were not obtained in the Principality of Andorra play only a subsidiary part in manufacture. TITLE II\n\nARRANGEMENTS FOR ADMINISTRATIVE COOPERATION\n\nArticle 2\n1. Originating products within the meaning of this Appendix shall when imported into the Community be covered by the Agreement on presentation of:\n\n\n\n\n\n\n(a)\n\n\nan EUR. 1 movement certificate, hereinafter referred to as an \u2018EUR. 1 certificate\u2019. A specimen of the EUR. 1 certificate is given in Annex 2 to this Appendix;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nan invoice bearing the exporter's declaration as given in Annex 3 to this Appendix, made out by any exporter for any consignment: of one or more packages containing originating products whose total value does not exceed ECU 2\u00a0820. 2. The following originating products within the meaning of this Appendix shall when imported into the Community be covered by the Agreement without it being necessary to present either of the documents referred to in paragraph 1:\n\n\n\n\n\n\n(a)\n\n\ngoods sent as small packages from private persons to private persons, whose total value does not exceed ECU 200;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\ngoods forming part of travellers' personal luggage whose value does not exceed ECU 565. These provisions shall apply only provided that such goods are not imported by way of trade and have been declared as meeting the conditions required for the application of the Agreement, and where there is no doubt as to the veracity of such declaration. Imports which are occasional and consist solely of goods for the personal use of the recipients or travellers shall not be considered as imports by way of trade if it is evident from the nature and quantity of the goods that no commercial purpose is in view. 3. Up to and including 30 April 1991 the ecu to be used in terms of any given national currency shall be the equivalent in that national currency of the ecu as at 3 October 1988. For each successive period of two years thereafter it shall be the equivalent in that national currency of the ecu as at the first working day in October in the year immediately preceding the two-year period. 4. Amounts in the national currency of the exporting State equivalent to the amounts expressed in ecus shall be fixed by the exporting State and communicated to the other parties. When these amounts are greater than the corresponding amounts fixed by the importing State, the importing State shall accept them if the goods are invoiced in the currency of the exporting State. If the goods are invoiced in the currency of another Member State of the Community, the importing State shall recognize the amount notified by the State concerned. Article 3\n1. An EUR. 1 certificate shall be issued by the Andorran customs authorities when the goods to which it relates are exported. It shall be made available to the exporter as soon as actual exportation has been effected or ensured. 2. The EUR. 1 certificate shall be issued by the Andorran customs authorities if the goods to be exported can be considered as products originating in the Principality of Andorra within the meaning of Article 1 of this Appendix. 3. An EUR. 1 certificate may be issued only where it can serve as the documentary evidence required for the purpose of implementing the preferential arrangements provided for by the Agreement. The date of issue of the EUR. 1 certificate must be indicated in the part of the certificate reserved for the customs authorities. 4. In exceptional circumstances an EUR. 1 certificate may also be issued after exportation of the goods to which it relates if it was not issued at the time of exportation because of errors or involuntary ommissions or special circumstances. Certificates issued retrospectively must be endorsed with one of the following phrases:\n\u2018EXPEDIDO A POSTERIORI\u2019, \u2018UDSTEDT EETERF\u00d8LGENDE\u2019, \u2018NACHTR\u00c4GLICH AUSGESTELLT\u2019, \u2018\u0395\u039a\u0394\u039f\u0398\u0395\u039d \u0395\u039a \u03a4\u03a9\u039d \u03a5\u03a3\u03a4\u0395\u03a0\u03a9\u039d\u2019, \u2018ISSUED RETROSPECTIVELY\u2019, \u2018DELIVRE A POSTERIORI\u2019, \u2018RILASCIATO A POSTERIORI\u2019, \u2018AFGEGEVEN A POSTERIORI\u2019, \u2018EMITIDO A POSTERIORI\u2019, \u2018EMES A POSTERIORI\u2019. 5. In the event of the theft, loss or destruction of an EUR. 1 certificate, the exporter may apply to the Andorran customs authorities which issued it for a duplicate made out on the basis of the export documents in their possession. The duplicate issued in this way must be endorsed with one of the following:\n\u2018DUPLICADO\u2019, \u2018DUPLIKAT\u2019, \u2018DUPLIKAT\u2019, \u2018\u0391\u039d\u03a4\u0399\u0393\u03a1\u0391\u03a6\u039f\u2019, \u2018DUPLICATE\u2019, \u2018DUPLICATO\u2019, \u2018DUPLICAAT\u2019, \u2018SEGUNDA VIA\u2019, \u2018DUPLICAT\u2019. The duplicate, which must bear the date of issue of the original EUR. 1 certificate, shall take effect as from that date. 6. The endorsements referred to in paragraphs 4 and 5 shall be entered in the Remarks box on the EUR. 1 certificate. 7. For the purpose of verifying whether the conditions stated in paragraph 2 have been met, the Andorran customs authorities shall have the right to call for any documentary-evidence or to carry out any check which they consider appropriate. Article 4\n\n1. An EUR. 1 certificate shall be issued only on application having been made in writing by the exporter or, under the exporter's responsibility, by his authorized representative, on the form of which a specimen is given in Annex 2 to this Appendix; it shall be completed in accordance with this Appendix. 2. It shall be the responsibility of the Andorran customs authorities to ensure that the form referred to in paragraph 1 is duly completed. In particular, the Andorran customs authorities shall check whether the space reserved for the description of the goods has been completed in such a manner as to exclude all possibility of fraudulent additions. To this end, the description of the goods must be given without leaving any blank lines. Where the space is not completely filled a horizontal line must be drawn below the last line of the description, the empty space being crossed through. 3. Since the EUR. 1 certificate constitutes the documentary evidence for the application of the preferential tariff provided for by the Agreement, it shall be the responsibility of the Andorran customs authorities to take any steps necessary to verify the origin of the goods and to check the other statements on the EUR. 1 certificate. 4. When a certificate is issued in accordance with Article 3 (4) of this Appendix, after the goods to which it relates have actually been exported, the exporter must in the application referred to in paragraph 1:\n\n\n\n\n\n\n\u2014\n\n\nindicate the place and date of consignment of the goods to which the certificate relates,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\ncertify that no EUR. 1 certificate was issued at the time of exportation of the goods in question, and state the reasons. Article 5\n\n1. EUR. 1 certificates shall be made out on the form of which a specimen is given in Annex 2. This form shall be printed in one or more of the languages in which the Agreement is drawn up. Certificates shall be made out in one of these languages and in accordance with the provisions of the domestic law of the Principality of Andorra; if they are handwritten they shall be completed in ink and in capital letters. 2. Each certificate shall measure 210 \u03c7 297 mm. A tolerance of up to plus 8 mm or minus 5 mm in the length may be allowed. The paper used must be white writing paper, sized, not containing mechanical pulp and weighing not less than 25 g/m2. It shall have a printed green guilloche pattern background making any falsification by mechanical or chemical means apparent to the eye. 3. The Principality of Andorra may reserve the right to print the certificates itself or may have them printed by approved printers. In the latter case, each certificate must include a reference to such approval. Each certificate must bear the name and address of the printer or a mark by which the printer can be identified. It shall also bear a serial number, either printed or not, by which it can be identified. Article 6\n\n1. An EUR. 1 certificate must be submitted, within four months of the date of issue, by the Andorran customs authorities to the customs authorities of the importing State where the goods are entered in accordance with the procedures laid down by that State. 2. An EUR. 1 certificate which is submitted to the customs authorities of the importing State after the final date for presentation specified in paragraph 1 may be accepted for the purpose of applying preferential treatment, where the failure to submit the certificate by the final date set is due to reasons of force majeure or exceptional circumstances. In other cases of belated presentation, the customs authorities of the importing State may accept the certificates where the goods have been submitted to them before the said final date. 3. The discovery of slight discrepancies between the statements made in the EUR. 1 certificate and those made in the documents submitted to the customs office for the purpose of carrying out the formalities for importing the goods shall not ipso facto render the certificate null and void if it is duly established that the certificate does correspond to the goods submitted. Article 7\nThe declaration referred to in Article 2 (1) (b) shall be drawn up by the exporter in the manner specified in Annex 3 to this Appendix, in one of the languages in which the Agreement is drawn up. It shall be typed, or printed by means of a stamp and signed by hand. The exporter must retain a copy of the invoice bearing this declaration for at least two years. Article 8\n1. The exporter or his representative shall submit with his application for an EUR. 1 certificate any appropriate supporting document proving that the goods to be exported qualify for the issue of an EUR. 1 certificate. He shall undertake to submit, at the request of the appropriate authorities, any supplementary evidence they may require for the purpose of establishing the correctness of the originating status of the goods eligible for preferential treatment and shall undertake to agree to any inspection of his accounts and to any check on the processes of the obtaining of the above goods, carried out by the said authorities. 2. Exporters must keep for not less than two years the supporting documents referred to in paragraph 1. 3. The provisions of paragraphs 1 and 2 shall apply mutatis mutandis in the case of the use of the declaration referred to in Article 2 (1) (b). Article 9\n1. Goods sent from the Principality of Andorra for exhibition in another country and sold after the exhibition for importation into the Community shall benefit on importation from the provisions of the Agreement on condition that the goods meet the requirements of this Appendix entitling them to be recognized as originating in the Principality of Andorra and provided that it is shown to the satisfaction of the customs authorities that:\n\n\n\n\n\n\n(a)\n\n\nan exporter has consigned the goods from the Principality of Andorra to the country in which the exhibition is held and has exhibited them there;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe goods have been sold or otherwise disposed of by that exporter to a consignee in the Community;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nthe goods have been consigned during the exhibition or immediately thereafter to the Community in the State in which they were sent for exhibition;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nthe goods have not, since they were consigned for exhibition, been used for any purpose other than demonstration at an exhibition. 2. An EUR. 1 certificate must be submitted to the customs authorities in the normal manner. The name and place of the exhibition must be indicated thereon. Where necessary, additional documentary evidence of the nature of the goods and the conditions under which they have been exhibited may be required. 3. Paragraph 1 shall apply to any trade, industrial, agricultural or crafts exhibition, fair or similar public show or display which is not organized for private purposes in shops or business premises with a view to the sale of foreign goods, and during which the goods remain under customs control. Article 10\n1. In order to ensure the proper application of this Title, Member States of the Community and the Principality of Andorra shall assist each other, through their respective customs administrations, in checking the authenticity and accuracy of EUR. 1 certificates and the declarations by exporters made on invoices. Representatives of the Commission of the European Communities may on request take part in this checking. 2. The Andorran customs authorities shall forward to the customs authorities of the Member States, via the Commission of the European Communities, specimen impressions of the stamps used in their offices for issuing EUR. 1 certificates. 3. Penalties shall be imposed on any person who, in order to enable goods to be accepted as eligible for preferential treatment, draws up, or causes to be drawn up, a document which contains incorrect particulars. Article 11\n1. Subsequent verification of EUR. 1 certificates and of exporters' declarations made on invoices shall be carried out at random or whenever the customs authorities of the importing State have reasonable doubt as to the authenticity of the document or the accuracy of the information regarding the true origin of the goods in question. 2. For the purposes of implementing the provisions of paragraph 1 the customs authorities of the importing State shall return the EUR. 1 certificate, and the invoice if it has been submitted, or the invoice bearing the exporter's declaration or a copy of those documents, to the Andorran customs authorities, giving, where appropriate, the reasons of substance or form for an inquiry. The customs authorities of the importing State shall forward, in support of the request for subsequent verification, any documents and information that have been obtained suggesting that the particulars given on the EUR. 1 certificate or the invoice are inaccurate. If the customs authorities of the importing State decide to suspend the application of Article 11 pending the results of the verification, they shall offer to release the goods to the importer subject to any precautionary measures judged necessary. 3. The customs authorities of the importing State shall be informed of the results of the verification as soon as possible. The results must be such as to make it possible to determine whether the documents which are referred to in paragraph 2, and which have been returned, apply to the goods actually exported and whether these goods can in fact qualify for the application of the preferential arrangements. When such disputes cannot be settled between the customs authorities of the importing State and the Andorran customs authorities, or when they raise a problem of interpretation of this Appendix, they shall be submitted to the Customs Committee. For the purpose of subsequent verification of EUR. 1 certificates, the export documents or copies of EUR. 1 certificates provided in their place must be retained for at least two years by the Andorran customs authorities. TITLE III\n\nFINAL PROVISIONS\n\nArticle 12\nThe Community and the Principality of Andorra shall each take the measures necessary for the implementation of this Appendix. Article 13\nThe Annexes to this Appendix shall form an integral part thereof. ANNEX 1\nEXPLANATORY NOTES\n\nNote 1\n\nIn order to determine whether goods originate in the Principality of Andorra, it shall not be necessary to establish whether the power and fuel, plant and equipment, machines and tools used to obtain such goods originate in third countries or not. Note 2\n\nIn order to determine the origin of products falling within Chapters 1 to 24 of the Combined Nomenclature, no account shall be taken of any packaging. Note 3\n\nProducts which do not make up more than 10 % by quantity of those referred to in Article 1 (a) to (e) of the Appendix be regarded as \u2018playing a subsidiary part\u2019 in manufacture. Annex 2\n\n\n\n\n\n\n\n\n\n\n\n\n\n\nAnnex 3\n\n\n\n\n\n\n\n\n\u00a0\nAndorra, 14 December 1989\nMr J. J. Schwed\nHead of Division\nHead of the Delegation of the European Economic Community for the negotiations with the Principality of Andorra\nSir,\nFollowing our negotiating meeting on 13 and 14 December, the Andorran delegation for the negotiations with the European Economic Community stated that the import duties collected on entry into free circulation operations at all the Community customs offices for goods being sent to the Principality of Andorra were collected on behalf of the Principality of Andorra and should be paid back to the Principality of Andorra. It would like the Joint Committee to examine, at its first meeting, ways and means of fully applying this principle. Please accept, Sir, the assurance of my highest consideration. Mr Joseph Pintat\nHead of Government\nSpokesman of the Delegation of the Principality of Andorra for the negotiations with the European Community\n\nBrussels, 14 December 1989\nMr Joseph Pintat\nHead of Government\nSpokesman for the Delegation of the Principality of Andorra for the negotiations with the European Community\nSir,\nI have the honour to acknowledge your letter of 14 December 1989 containing the Andorran Delegations's statement concerning the collection and repayment of import duties. I am able to agree to the discussion of the matter at the first Joint Committee meeting. Please accept, Sir, the assurance of my highest consideration. J. J. Schwed\nHead of Division\nHead of the Delegation of the European Economic Community for the negotiations with the Principality of Andorra"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/c313ba7e-9546-4695-889d-203b0eecd040", "title": "Written Question No. 1535/90 by Mr Miguel Arias Ca\u00f1ete to the Commission of the European Communities. Multiannual guidance programme for the fishing fleet (1987 to 1991) forwarded by Spain pursuant to Regulation (EEC) No. 4028/86", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "ARIAS CANETE,European Parliament", "date": "1990-06-27", "subjects": "Spain,action programme,common fisheries policy,fishing fleet", "workIds": "celex:91990E001535", "eurovoc_concepts": ["Spain", "action programme", "common fisheries policy", "fishing fleet"], "url": "http://publications.europa.eu/resource/cellar/c313ba7e-9546-4695-889d-203b0eecd040", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/0e4b169c-91b8-4de0-9fed-ead286a4efb7", "title": "GREEN PAPER ON THE URBAN ENVIRONMENT: COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND PARLIAMENT", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#communication_ec,http://publications.europa.eu/ontology/cdm#document_com_other_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1990-06-27", "subjects": "architectural heritage,energy consumption,environmental policy,urban centre,urban economy,urban habitat,urban infrastructure,urban problem,urban transport,urbanisation", "workIds": "celex:51990DC0218,comnat:COM_1990_0218_FIN", "eurovoc_concepts": ["architectural heritage", "energy consumption", "environmental policy", "urban centre", "urban economy", "urban habitat", "urban infrastructure", "urban problem", "urban transport", "urbanisation"], "url": "http://publications.europa.eu/resource/cellar/0e4b169c-91b8-4de0-9fed-ead286a4efb7", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nCOM(90) 218 \n\nf i n al \n\nB r u s s e l s, 27 June 1990 \n\nGREEN PAPER ON THE URBAN ENVIRONMENT \n\nCommunication from the Commission to the Council and Parliament \n\n\fTABLE OF CONTPHJS \n\nINTRODUCTION \n\nCHAPTER ONE : THE FUTURE OF THE URBAN ENVIRONMENT \n\n1. City and Urbanization \n\nThe spread of urbanization \nThe city as a project \nThe essence of a European approach \nThe role of c 111 es \nCreativity \n\n2. The Urban Environment \n\nThe comp I ex i ty of the urban env I ronment \nUrban pol lution \nThe bu i 11 env I ronment \nNature in the city \n\n3. The Root Causes of Urban D\u00e9grad\u00e2t Ion \n\nFunctional Ism \nProduction and organisation of work \nDistribution and conception \nHote I s, restaurants and hous i ng \nTour I sm \nCommun I cat Ion and mob 111 ty \n\n1 \n\n6 \n\n6 \n\n7 \n7 \n8 \n9 \n\n9 \n\n10 \n\n11 \n\n14 \n\n22 \n\n25 \n\n25 \n\n26 \n26 \n27 \n\n28 \n\n29 \n\n29 \n\nCHAPTER TWO:TOWARDS A COMMUNITY STRATEGY FOR THE URBAN ENVIRONMENT. 31 \n\n1. Targets for Urban Environmental Improvement \n\n2. Constraints on effective environmental management \n\n3. Guiding Principles for Urban Environmental Improvement \n\n4. Instruments of Community Action \n\n5. Areas of Action \n\n5. 1. Urban p I ann ing \n5. 2. Urban transport \n5. 3. The protection and enhancement of the historical \n\nher i tage of European c i t i es \n\n5. 4. Protection and enhancement of the natural environment \n\nwithin our towns and cities. 5. 5. Water management \n5. 6. Urban Industry \n5. 7. Urban energy management \n5. 8. Urban waste \n5. 9. Comparative information on the state of the urban \n\nenv I ronment \n\n31 \n\n32 \n\n34 \n\n35 \n\n39 \n\n40 \n\n42 \n\n46 \n\n47 \n48 \n48 \n49 \n51 \n\n52 \n\n\f5. 10. Informat ion in It lat Ives \n5. 11. Social Initi\u00e2t Ives \n5. 12. Interregional co-operat ion \n\n6. Resume of priority suggested lines of action \n\n7. The next steps \n\n52 \n\n53 \n54 \n\n54 \n\n57 \n\nAppendix 1 : Articles of Treaty covering environment \n\n\f- 1 -\n\nINTRODUCTION \n\nDealing with the problems of the urban environment requires going \nbeyond sectoral approaches. However useful and necessary the \nsetting of targets for air quality, water quality, maximum noise \nlevels, etc. In Directives and Recommendations, finding lasting \nsolutions to the environmental problems facing our cities \nrequires a wider view of their origins. This means addressing \nnot Just the proximate causes of environmental degradation, but \nexamining the social and economic choices which are the real root \nof the problems. The problems of the cities are an early warning signal of a more \ndeep-seated crisis which will force us to rethink current models \nof organisation and urban development. Of course, not all \nEuropean cities suffer Identical problems, given their different \nlevels of economic and social development, different economic \nfunctions, and geography. But they have much In common. This Green paper is Intended as a first step towards debate and \nreflection, and attempts to identify possible lines of action. It may be asked why the Commission of the European Communities is \ntaking up the problems of the cities and their environment. Why \ncan these problems not be addressed and solved at the local \nlevel? What contribution can the Community possibly make 7 \n\nIt is important to recognize that the majority of Community \npolicies have, directly or indirectly, an influence on urban \nareas. Article 130r of the Treaty as amended by the Single Act \nmakes allowance for Community action for the protection of the \nEnvironment which must Include the potential of such action \nwithin urban areas. The full text of which is Include in \nAppendix I of this document. There are a number of existing Community actions which are \ntargeted at the urban environment - its air, water, noise and \nwaste - and hence at the quality of life in the cities \nthemselves. There are also Community activities helping to \npreserve the architectural heritage which constitutes the \ncultural and artistic wealth of our cities. Community funded \ninvestments and programmes through both the Regional Development \nand Social Funds also have a considerable impact on cities in \nless developed areas and those suffering from industrial decline \nand high unemployment \n\nMoreover, many sectoral, industrial and research policies of the \nCommunity in such areas as transport, energy and social affairs \ndo have a bearing on the development of our cities. There is a \nneed to make sure that these Influences are fully recognized and \ncontrol led. - 2 -\n\nThe primary focus for action to Improve the urban environment is \nclearly the Individual city. But achieving major Improvements \nwill require action at national and Community level as well, with \nroles and responsibilities assigned to each within a framework of \ncooperative partnership. At the Community level, It Is Important \nthat the various sectoral policies take due account of the \nproblems of the urban areas and converge into a Community \nstrategy for Europe's cities. In fact, the need for an Integrated approach to the urban \nenvironment is already stressed In the Fourth Environmental \nAction Programme (1987-1992), which states that \"One priority \nwill be to consider to what extend the Community's existing \nstructural funds (and notably the European Regional Fund) could \nbe directed to comprehensive environmental programmes In inner \ncity areas. It will therefore be of special importance to ensure \nthat an adequate level of funding is available to enable the \nCommunity \npublic \nauthorities and local industry, in urban renewal schemes which \ntake full account of both environmental and regional policy \nrequirements\". This may require a special financial facility. participate \n\nadequately, \n\nalong \n\nwith \n\nto \n\nThe Programme also commits the Commission to present a report to \nthe Council \"which will examine how the public and private sector \nand other interests can work together towards the rehabilitation \nof certain urban areas. \". Moreover, solving the problems of the city would make a major \ncontribution to solving the most pressing global environmental \nproblems, notably the greenhouse effect and acid rain. For it is \nIn the cities that we find the greatest concentration of \npopulation and economic activity - and hence of emissions. And \nit Is the cities which make the crucial, long-term and often \nIrreversible decisions on infra-structure investments in energy \nsupply, waste and water treatment, and transport. A Community role in urban environment would also meet the growing \ndemand by the cities themselves for greater opportunities for an \nexchange of Information and practical experience. The Commission \nrecognizes that other organisations, particularly the Council of \nEurope, have for some time been encouraging interregional \ncooperation on urban issues. In the development of Community \npolicies and programmes, the Commission will take note of the \nwork already achieved, such as initiatives on urban renovation \nand protection of historic buildings, or planned by the Council \nof Europe to ensure that Initiatives are complementary and not \nduplicative. The Commission can play a crucial role in facilitating such \nexchanges. However diverse in detail, Europe's major cities face \ncommon problems. But frequently they know little of each other's \nexperiences and projects. The preparation of this Green Paper \nshowed clearly that the cities look to the Community to remedy \nthis situ\u00e2t ion. 3 -\n\nMethodology \n\nThis Green Paper was conceived as an instrument for identifying \nthe full range of difficulties confronting Europe's conurbations, \nso as to devise adequate solutions to real problems. We have \nthus organized a wide consultation with those responsible for \nmanaging urban problems, with technical experts, and with \nacademics and professionals concerned with urban Issues. For this purpose, six International conferences were organized \naround the following priority themes : \n\n(1) Disused Industrial Areas \n\nDerelict industrial sites in cities with an industrial past \ncan provide a strategic opportunity to establish services \nand infrastructure linked to the centre. Examples are \nMilan's PlrelIi-Blcocca, Turin's Lingotto, the new projects \nfor the Industrial zones of Bilbao, Rotterdam, Birmingham, \nBarcelona and others. RededIeating such sites often involves projecting a new role \nand image for the city to make it attractive for productive \nand residential investment - an opportunity for new ideas \nand a stimulus for innovation. Where some industrial \nactivities remain, old and new functions of the city need to \nbe harmonized. Two conference were dedicated to this theme, one In Brussels \n(June 1989) and one In Terni (December 1989) concerned \nspecifically with the problems of steel towns. (2) The Urban Periphery \n\nUrban growth has spawned vast built-up areas which lack \nessential qualities we associate with cities \nhistory, \nfunctional differentiation, cultural and other forms of \ninfrastructure - in short, a recognizable and unique \nindividuality with which the citizen can Identify. These monotonous areas lay siege to the more structured \nparts of the city. They often harbour poverty, crime and \ndrug abuse, problems of our modern society subject to \nincreasing attention from authorities at all levels. The conference of Louvain (October 1989) dealt with this \ntheme of urban \"fragmentation\" and provided examples of \nprojects which revitalized such areas and established \nfunctional and formal links with the centre, transforming \nthem from faceless dormitories to organic parts of the city. - A \n\n-\n\nIn the coming years, a great deal of planning and financial \nresources will be devoted to these two great challenges : \nderelict land and urban sprawl. More broadly, the city Inherited \nfrom the 19th century offers great opportunities for renewal: Its \nbarracks, hospitals, railway stations, abattoirs and other 19th \ncentury relics can be replaced or put to new uses to Improve the \nqua IIty of our cities. (3) The Quality of the Urban Environment, Public Spaces and \n\nGreen Areas. The \"empty\" spaces - the squares, parks and similar areas \nwhich lend character to our cities - are being assailed by \nthe motorcar and bill boards, while in the periphery these \nurban features may be lacking altogether. Creating a \nquality environment requires more than putting out few \nbenches, potted plants and waste baskets in pedestrian \nareas. It calls for a comprehensive approach. The conference held \nseries of ongoing \nand Rotterdam. in Rome \nexper iments \n\n(December 1989) examined a \nin Britain, Barcelona, Rome \n\n(4) Urban Pollution in Northern and Southern Europe \n\nTwo conferences, one in Avignon (December 1989) and the \nother In Bremen (January 1990), looked at the practical and \nImmediately pressing problems of the urban environment and \npossible Community help in addressing these; \n\nWith one of the conferences dealing with the problems of the \nsouthern cities, and the other with those of the North, a \ncomparison became possible, taking into account differences \nwhich went beyond climate to include those of history, \nculture and society. Both conferences dealt with air and \nnoise \nand \ncontaminated soils. urban waste \n\npollution, \n\ndisposal, \n\nwater, \n\nThese six conferences have been extremely useful in preparing the \nGreen Paper. They combined firsthand observation, information \nabout ongoing projects and the collection of recent data. Finally, it is Important to stress the horizontal approach which \nhas guided the preparation of this Green Paper. Treating each of \nthe factors threatening the city environment in isolation leads \nto short-term solutions - mere palliatives or simple delaying \naction. Thus, it is not enough to worry about air quality only \nwhen, as happens every winter, inversion renders the air of many \ncities unbreathabie. This leads to \"emergency\" measures which \n\n\f- 5 -\n\nfall to address basic causes. What is needed is a critical \nanalysis of urban structures, their functioning and mode of \ndevelopment : It Is here that the remedies to improve the urban \nenvironment need to be sought. What Is clear, however, Is that the cities will continue to be \ncrucial to the further economic and social development of Europe. Technological change may seem to Indicate otherwise. The old \nsteel or shipbuilding towns like Liverpool. Sheffield, Lille, the \nRuhr, and Genoa do Indeed suffer the effects of structural \nchange. Non-urban areas of economic activity, \nlinked to \nelectronics, are emerging, for example In Flanders, southern \nFrance or the Tiber region near Rome. Moreover, global \nin the global village allows decentralized \ncommunication \nactivities ranging from financial services, to research and \nIntegrated production directed by a distant computer. information \nBut, paradoxically, the ease of long-distance \nIncreases the need for face-to-face contacts. The cities provide \nthis through their density and through their role as transport \n\"hubs\". The creative development of modern products and services \nrequires the presence of a large variety of specialized inputs \nwhich the cities most easily provide. \"Culture\" Is now \nrecognized as a factor which extends beyond private life to \nplaying a crucial part in economic creativity. Most European cities have stopped growing and - like an \nindividual in mid-life - have begun to reflect on their purpose, \ntheir assets and their choices for the future. There are \nexceptions to this In the South, where rural migration continues \nto swell the population of some cities; and in cities like \nBerlin, which are coping with new migrants of a different sort. But even, and perhaps especially, in these cities under stress, \nbasic questions concerning the quality of the environment are \nbeing posed. In general, however, population growth has stabilized. Attention \nIs shifting from creating new districts to Improving and renewing \nexisting ones. This process Involves more than ecology in the \nstrict sense, but architecture itself. The historical centres of \nour cities have been savaged by the Intrusion of anonymous boxes \nIn the International style. Re-creating harmony with the old \nmeans more than mimicking superficial stylistic elements. It \nrequires respect for fundamental traditions In the choice of \nmaterials, diversity of buildings and multiplicity of purposes. Mere zoning must be replaced by developing the city as a project \nwhich assure a new quality of social and economic life. - 6 -\n\nCHAPTER ONE : THE FUTURE OF THE URBAN ENVIRONMENT \n\n1. City and Urbanization \n\nFrom the Middle Ages to modern times, Europe's social, cultural \nand economic development has been based on the city. - the power \nof the Italian city-state, the prosperity of the Hanse towns and \nEurope's great port cities, the sway of the capitals of \nprincipalities and kingdoms, the creativity of university towns \nsuch as Bologna, Prague, Paris or Colmbra. European cities show \nthe traces of struggles between city and country, rulers and \nruled, rich and poor - testimony to their role In social and \npolitical development which, as Leipzig proved \nin 1989, \ncont inues. Their common history has given European cities a common face : \nthe small streets and alleys of Mediaeval centres; the grand \nworks of 18th century princes; the great transformations of the \n19th and early 20th centuries; the growth of suburbs and \ndormitory towns, Joined later by giant shopping centres; the \ndecline of centres as dwellings for middle and upper income \ngroups in a number of cities in favour of specialised commercial \nand administrative activities; and finally the invasion of \ntraffic congestion, urban motorways, and uniform and mediocre \narchitecture In centre and periphery alike. As we move towards the 21th century, Europe's cities will \ncontinue to be the main centres of economic activity, innovation \nand culture. Managing the urban environment and the quality of \nlife of its citizens therefore goes well beyond concern for the \nphysical well-being of the Community's urban population. At \nstake is the quality of \"civilization\" in its most practical \nmanifestations of economic, scientific and social performance. Can we speak of \"cities\" or must we think In terms of \"urban \nareas\"? Using the vocabulary of the past may impede our \nunderstanding of new realities. The wider term seeks to describe \nthe modern phenomenon, where a historic centre - itself greatly \nchanged - Is surrounded by a periphery of high-rise dormitories \nor suburban houses. Urban areas are divided and, at the same \ntime, linked by a network of communication - motorways and \nrailways which allow constant movement of people and goods. There are no clear limits to the periphery, nor is its structure \nsharply defined. At the extreme, \"urban areas\" negate the \nconcept of the city Itself : they become \"post-urban\" phenomena, \nfar removed from the traditional Image of the pre-industrial and \neven 19th century city. Some experts at the OECD or UN dispense \nwith the notion of \"urbs\" altogether and prefer to speak of \n\"human settlements\", no doubt In distinction to nature reserves \nor uninhabitable geological features. - 7 -\n\nThe spread of urbanization \n\nMore than as a concept of settlement, urbanization can be \nunderstood as a pattern of Individual and social behavior \nsocial \nInformation \nConsumption \nrelationships are no longer those of the neighbourhood or the \nextended family of the pre-lndustrial village. In this sense a \nsingle urban life-style characterizes much of the Community. patterns, \n\nnetworks \n\nand \n\nEuropean cities also resemble each other for a different reason : \nthey Increasingly harbour the poorest members of society In inner \ncity ghettos or slums at the periphery. Yet this phenomenon \ncreates its own diversity, as former city dwellers, rural \nmigrants, European and non-European newcomers live In sometimes \nuneasy co-existence. Rural and \"foreign\" life styles blend only \nslowly Into the uniformity Imposed by modern production and \nconsumption, and constantly renew the rich diversity which is one \nof the assets of urban life. The city as a project \n\nHas the spread of \"urban areas\" and life-styles made the concept \nof the \"city\" irrelevant ? True, with a few exceptions, today's \ncities have little In common with their 18th and 19th century \npredecessors. Yet the past decades have seen a rediscovery of \nthe value of urban living and a growing appreciation of the \nimportance of quality of life in the cities of Europe. In part this reflects the failure of the periphery : the absence \nof public life, the paucity of culture, the visual monotony, the \ntime wasted In commuting. By contrast, the city offers density \nand variety-, the efficient, time- and energy-saving combination \nof social and economic functions-, the chance to restore the rich \narchitecture Inherited from the past. \"Urban areas\" are a \nstatistical concept. Cities are projects for a new style of life \nand work. \"City\" Is the right word to use when speaking of urban \necology. The Single Market accelerates economic activity and the process \nof Internationalization, with consequences for the social \ncohesion, economic functioning and quality of life of the cities. The role of some cities as centres for tertiary activities is \nbeing accentuated. While this Is encouraging economic development \nand Job creation it is also often reinforcing the pressure on the \ncentres from office construction and traffic nuisance, reducing \nthe diversity of city life and confirming the exodus to the \nsuburbs which leaves the remaining dwellings to the poor and \nmigrants, with enclaves for the rich. Other cities may find themselves outside the zones of modern \neconomic development. These Includes towns which scarcely took \npart In the industrialization of the 19th and 20th century, and \nthose specialising in Industries which are now of declining \nimportance in the advanced world. - 8 -\n\nBoth accelerated development and economic decline, over which \nthey sometime have little control, confront city authorities with \ndifficult, sometimes Impossible, tasks. There Is today undoubtedly increased competition for Investment \namong localities of all kinds, including cities. Centrally \nlocated cities are undoubtly benefitting from the enhancement of \nthe international service economy. In other cities concern for \nJob creation is leading city authorities to offer not only tax \nadvantages and green field sites, but they also often repeat the \nmistakes of the past \nin permitting development of poor \nenvIronmentaI qua 11ty. The essence of a European approach \n\nTwo elements form the basis for a specifically European approach \nto cities. The first is that the European city can still be \nsaved. The problems It shares with cities In other continents, \nrich and poor alike - traffic congestion, slums in the centre and \nperiphery, Inadequate Infra-structure, pollution - are present \nthere in extreme forms rarely matched in Europe. The worst \nsources of pressure on cities - population growth and rural \nmigration - are largely, If not completely, things of the past in \nEurope, leaving only economic growth, which can yield the \nfinancial and technological means to correct the damage It may \ncause. The second specifically European element is Europe's traditional \ncommitment to what Is now called \"social cohesion\". The problems \nof poorer regions spill over to cities In the Community and it \nis here that efforts to create more equal and decent living \nconditions must Increasingly concentrate. Cities have been -\nand, as Eastern Europe demonstrates, continue to be - where \ndemocracy develops. In the West, \"Stadtluft macht frel\" - the \ncity'8 air sets you free - has found a new meaning for those \nescaping a life without Jobs or prospects. It Is Europe's prosperity and Europe's economic failures which \nput pressures on the cities. Similarly, it is Europe as a whole \nwhich benefits form the economic efficiency, social stability and \nbeauty of successful cities. In cooperation with national and \nlocal authorities the Community can and must make a contribution \nto \ncommon \npatrimony \nresponsibiIity. and meeting \n\na common \n\nimproving \n\na \n\n\f- 9 -\n\nThe role of cities \n\nUrban growth results from a combination of economic, social \ncultural and political dynamics : \n\n- the economic dynamic : the city is synonymous with proximity, \nproviding the multiple contacts and activities that make It an \ninformation hub and creative centre. It is this ability to \nassemble the economic actors involved in all stages of \nproduction, research and consumption that draws firms to the \nurban centres. populations \n\n- the social dynamic : the city brings together a wide variety \nof social facilities (nurseries, hospitals, social service \nagencies, etc. ) whose role is becoming increasingly important \nas \nunderemployment, \nmarginalized \nunemployment and poverty. Indeed, the concentration of social \nproblems makes It possible to define and pursue specific \nrather than general \nremedial policies. The city also \nconcentrates employment opportunities; this is one of its \ngreat attractions. More generally, the city represents \nchoice : of social relations, education, services and work. are \n\nby \n\n- the cultural dynamic : as in the social sphere of which it is \na part, the city's cultural role depends on density, proximity \nand choice. These factors facilitate the \"production\" of \nculture as much as its \"consumption\". In addition, the \nhistoric heritage of the city allows unique economic \nactivities linked to culture, including tourism. - the political dynamic. More than any other place, the city \nmust respond directly to demands by Its citizens for \"good \ngovernment\". It Is a place where direct participation is \npossible and Increasingly practiced, and where the individual \ncan develop most freely his sense of personal and civic value. It Is not by accident that citizen, citoyen, clttadlno, or \nBUrger denote the political sovereign in our languages. Creativity \n\nThe city's economic and social importance ultimately rests on the \nease of communication offered by spatial density and the sheer \nvariety of people and Institutions which can exploit this \nopportunity. The telephone and data-link are no substitute for \nmany kinds of communication which go beyond the exchange of \ninformation; on the contrary, efficient electronic communication \nincreases the demand for face-to-face contacts. This Is \nespecially true for collective decisions based on qualitative \nJudgments and for exchanges of Information which yield the \nunexpected, even unsought answer from which true innovation \nresults. Physical movement and telecommunication services go \nhand In hand to help create the environment which attracts both \nbusiness and residents to work and live in cities. - l o \n\nshort, \n\nin \nscientific, \norganisational, social and intellectual creativity which Is one \nof the motors of development in the post-industrial age. communication \n\nurban \n\nyield \n\nthe \n\nThe enemies of this source of creativity are, on the one hand \nundifferentiated suburban sprawl in quasi-rural settings which \nisolate the Individual; and highly specialised land-use policies \nwithin cities which create functional enclaves and social ghettos \nwhere like speaks to like : university campuses at the city's \nedge, banking districts at the centre, industrial zones deprived \nof simple services and far from habitations. Both suburban \nsprawl and specialisation are linked to the urban environment : \nthey exist because they provide escape or protection from urban \nblight, poverty \nthe diverse, \nmultifunctional city of the citizen's Europe is thus a social and \neconomic project for which \"the quality of life\" Is not a luxury \nbut an essentla I. and pollution. Re-creating \n\nThere is no alternative to a commitment to urban Europe. Statistics showing the reduction of some cities' populations are \ncited as evidence of their decline. But the suburbs which \nreceived such migration continue to depend on the cities for \ntheir social and economic vitality. Indeed, while in some cities the move to the suburbs continues -\nwith the centres taken over by low-Income families living next to \noffice enclaves - in others the convenience and stimulus of life \nin the city is being rediscovered. For this trend to continue, \nthe noise which drives people to the quiet of the country must be \nreduced, the air improved, the open spaces redeemed from being \nparking lots and traffic islands. This is described in greater \ndetail in the following section. The last section examines the \ndeeper causes of urban degradation, which requires new thinking \nat all levels of policy making. 2. The Urban Environment \n\nThe urban environment has always known difficulties. Noise was a \nproblem in ancient Rome; traffic blocked the streets of 18th \ncentury Paris; the 19th and 20th centuries have witnessed a \nproliferation of analyses of the pollution and nuisances \nbesetting the lives of urban residents, particularly the poorer \namong them. The quality of urban life has Improved considerably over the past \ncentury. It was not until the end of the 19th century that homes \nwere connected to supply mains and sewers. And it was not until \nthe 1950's that most cities acted to reduce the air pollution \nfrom domestic coal heating. These improvements are reflected in \nIncreased life expectancy, lower Infant mortality rates, etc. Numerous problems remain, but they are often less obvious and \ntherefore generate little concern. City-wide sewer systems have \nImproved urban sanitation but pollute the rivers and oceans \nbeyond the city's edges. Some types of pollution are highly \nvisible only In certain parts of the city. - 11 -\n\nOthers - such as air pollution caused by Industry and cars, \nairplane noise, etc. - may be underestimated because they are \nonly apparent at certain times or for short periods. The effects of many of these pollutants are long term, and In \nsome cases are more easily observed In the damage they do to \nnature or to buildings than In the slow deterioration they cause \nhuman health. Yet the health of urban Inhabitants is becoming a subject of \nIncreasing concern. Dense urban traffic is one source of health \nhazards. Carbon monoxide from vehicle exhaust may build up in \ntunnels or underground garages. This can cause respiratory \nsystem damage, inhibit oxygen absorption by hemoglobin and cause \nbrain stroke in the elderly. Hydrocarbons resulting from Incomplete combustion react with \nother pollutants in the presence of sunlight, resulting in \nreaction products that cause eye Irritation and respiratory \nsystem damage. They also react with NOX to produce ozone, which \nproduces painful breathing, coughing and impairment of the immune \nsystem. Lead is also a serious pollutant emitted by motor vehicles, but \nlegislation requiring lead-free petrol should deal with this \nsource. Indoor pollution Is a major source of health problems, the scope \nof which is Just beginning to be understood. Lead paint In older \nhousing has led to numerous cases of poisoning in children. On a \nmuch wider level, asbestos - widely used a insulation - has \nbecome a serious cause for concern. Inhalation of asbestos \nfibres causes severe lung damage and a rare - and incurable -\nform of cancer. This has engendered a hot debate as to whether \nasbestos already In place should be removed or is less of a \nhazard if left untouched. Other building materials contain dangerous substances such as \nformaldehyde, mineral fibres, mercury, and radon. The toxic \neffects of these have been aggravated by the tendency towards \ntight insulation. At a psychological level, noise may pose a significant health \nhazard to the urban dweller, creating stress-related physical \nsymptoms and reducing the overall quality of life in the city, \nIncreasing aggressive behavior. It may also cause hearing loss. 2. 1. The complexity of the urban environment \n\nThe problems facing the urban environment are legion and varied. For convenience of exposition we discuss them under three \nheadings : \n\n\f- 12 -\n\n- Urban pollution : air, water, noise, soil, waste \n- The built environment: roads, streets, buildings, open spaces, \n\nrecreational areas. - Nature : greenery and wildlife In the city. In focusing on Individual problem areas, It Is Important not to \nlose sight of the fact that the \"urban system\" Is a complex and \ninterrelated whole. A diagrammatic representation of some of the \nmain cause-and-effeet relationships Influencing urban development \nand the urban environmental system is set out in Figure 1. The extent of these interrelationships demonstrates the potential \ndanger of ad hoc decision-making : the solution to one problem is \noften the cause of another. Effective management of our urban \nenvironment requires a strategy based on an overview of the urban \nsystem, with integrated decision-making in key areas. Few cities \nposses an administrative structure that can ensure such \nintegration, most critically between land use and transportation \nplanning. While the city is the main focus of economic activity \nand the associated pressures on the environment, it cannot be \nanalysed in isolation from the region within which it is located. The interrelations between the city and Its hinterland requires \ntherefore that policies should be generated within a broad \ncontext which has a concern for the planning of the region as a \nwho Ie. - 13 -\n\nFigure 1 \n\nRelationships within the Urban system \n\n\f- 14 \n\n2. 2. Urban pollut ion \n\ngrowing \n\nUrban areas, by their very nature as centres of population and \neconomic activity, show high concentrations of pollutants. Yet \ndespite \ninto \nand \nenvironmental issues, there is a lack of comparable data on key \nindicators. Even where data are available, \nenvironmental \ncomparison and interpretation may be complicated by differences \nin data collection and measuring techniques. extensive \n\nattention \n\nresearch \n\nScientific research has, however, clearly established the \nnegative effects on health of air, water and noise pollution, \ninadequate waste disposal and contaminated soils. Hence, the \nCommission has over the past decade established a number of \nenvironmental quality objectives. The Issues involved in each of \nthese areas are discussed in the sections below. 2. 2. 1. Air pollution \n\nUrban areas are subject to a wide range of pollutants. The \nhealth effects of these pollutants, some which are carcinogens, \ninclude respiratory diseases and eye and skin irritation. In \naddition, they erode the built environment and damage the natural \nenvironment. Most air pollutants stem from three sources \nindustry, motor vehicles and the burning of fossil fuels for \nheating or electricity generation. The contribution of industrial sources to air pollution varies \nconsiderably from one town to another, depending on density and \ntype of industry in an area, its precise location and the extent \nto which It has adopted measures to control emissions or disperse \nthem beyond the local environment. The effects of severe air \npollution can be devastating \nsmog caused by S 02 emissions \ncaused the death of 5000 people in London In 1952. Industrial pollution is however exclusively an urban problem, \nhowever. National and international emission standards are often \nset to address wider problems such as acid rain and the \ngreenhouse effect, rather than the urban environment. It is as \nmuch through ambient \"limit values\" for air quality as through \nsource emission standards that industry's contribution to urban \npollution is regulated. Air pollution problems related to city transport and buildings \nare more closely linked to the internal functioning of the city. The contribution of these energy-using activities to the levels \nof particular pollutants is set out in Table 1. - 15 -\n\nTable 1 \n\nSources of Air Pollution \n\nSector \n\nC02 \n\nS02 \n\nNOX \n\nEnergy generation \n\n37. 5 \n\n(of which elec. gen. ) (29. 3) \n\nIndustry \n\nTransport \n\nOthers \n\nTotal \n\n18. 6 \n\n22. 0 \n\n21. 9 \n\n100 \n\n7 1. 3 \n\n( 6 1. 5) \n\n15. 4 \n\n4. 0 \n\n9. 3 \n\n100 \n\n28. 1 \n\n( 2 4. 6) \n\n7. 9 \n\n5 7. 7 \n\n6. 3 \n\n100 \n\n(2. 7 bill. t. ) \n\n(14 m i o. t) \n\n( 9. 8 \n\nm i o. t. ) \n\nSource : Energy 2010 (1989) \n\nAs this table shows, depending on the energy source, space \nheating can be one of the most important sources of air \npollution. In Dublin, for example, domestic heating is a major \nsource of S02 and particulates. A gradual move away from coal \nhas alleviated some of the worst effects of particulate and S02 \npollution at the local level. However, a shift to electricity \ndoes not solve the problem at the global level, owing to the \npollution resulting from most forms of electricity generation. In this wider global perspective, the use of all forms of fossil \nfuel contributes to problems of acid rain and, by increasing \nC02 levels (see Figure 2), to the greenhouse effect. Figure 2 \nC02 Emissions, Europe 12 (1980-2010) \nBy sector \n\nMt/yesr \n\nSource: Energy in Europe : Major Themes In En^gy \n\nDirectorate General for Energy, Sept. 1989. - 16 -\n\nWhile the worst problems of local air pollution caused by heating \nhave been solved, they have been replaced by increased levels of \ntransport pollution. Automobile engines are major sources of \nNOX, CO, particulates and lead. As to C 02 for Instance, It Is \nworth noting that almost half of transport combustion is \nestimated to be due to urban traffic. In many cities, the \ntransport sector is responsible for almost 90% of carbon monoxide \nemissions. Figure 3 shows the growth of car ownership in recent \nyears and projections in the short and medium term which indicate \nthat this significant growth is likely to continue. Figure 3 \nCar Ownership 1970 - 2010 \n\nc ors per \n\n1000 \n\ninhabitants \n\nEUROPE 12 \n\n500-\n\n400 < \n\n300 \n\n200-\n\ntoo \n\n0-\n\nsis \n>\u00bbcu\u2014-;. 4\u00ab i-\n\n\u2022 U-\nyrj^^i \n\nWl^\"^ \n\nya\\. 2< \n\nity*' \n\n1 \n\n1 \n1970 1*75 IMO IMS 19*0 l\u00bbS 2000 2005 2010 \n\nr\u2014 \n\n\u20141 \n\n1\u2014 \n\n1 \n\n1 \n\n1 \n\n\\-\n\nSource : as Figure 2 \n\nThe Community has over the past decade established air quality \ndirectives related to a number of key air pollutants : S 02 and \nparticles, N02, etc. These directives have established both \nlimit values - a critical value for human health - and guide \nvalues - a value set as the objective for environmental \nImprovement to prevent any long-term Impact on health and the \nqua Iity of IIfe. While Information Is not available across the Community to \ndemonstrate the Impact of these directives and associated \ndirectives aimed at controlling Individual emission sources, \nFigure 4 demonstrates the effectiveness of measures to reduce \nless \nS02 and NOX. Progress \nImpressive. The introduction of catalytic convertors In all new \ncars In 1992/93 will reduce pollution by individual vehicles, but \nIncreases In road traffic and traffic congestion, including both \nprivate cars and road-handled freight traffic, may well offset \nthis reduction. In NOX reduction has been \n\n\f- 17 \n\nFigure 4 \n\nS 02 and NOX Emissions \nSource : as Figure 2 \n\nS 02 Emissions for Europe 12 \n\nNOX Emissions for Europe 12 \n\nBy sector \n\nBy sector \n\nMl/yao \n\nMt/yaar \n\ness \n\n' \n\nI 1\u00ab*Wr,/0. \u00bb\u00bb. \u00ab. n \n\nBS nw a ^. \u00bb \u00bb. \u00bb CD \n\nI M > M\u00ab \n\nd \n\ni T. *ii\u00abry/o*\u00bb. *i\u00ab \n\nESZ Tianatwt \n\nES O I K \u00bb. In a number of southern European cities, such as Athens and \nNaples, there has been significant \nincrease in most air \npollutants and a corresponding reduction in air quality. This \ncan be traced to the major growth in population of these cities, \ndue to an exodus from the rural areas of Southern Europe. The \ngrowth of urban industry and vehicle emissions in Athens, for \nexample, has been so great that the authorities have had to \nIntroduce a system whereby vehicles are only permitted to enter \nthe city centre on alternate days - and not at all when pollution \nlevels exceed safety limits. These measures have only succeeded In preventing the situation \nfrom worsening. They cannot be considered as long-term \nsolutions. Air pollution problems In urban areas are often aggravated by \ncombinations of climatic and geographic factors which act to \nconcentrate pollutants In the city and prevent their dispersion \nand dilution Into the wider atmosphere. Such effects are \ndescribed in Diagram 1. - 18 -\n\nDiagram 1 \n\nThe Concentration of Urban Pollution \n\n10-C \n\nAir tenperaturt \n\nUnder normal conditions, the pollutants emitted In hot gases rise \nhigher the more they come into contact with colder air masses \n(normal diffusion situ\u00e2t ion). In certain circumstances (e. g. nocturnal \nradiation), the \ntemperature at an altitude of a few hundred metres is higher than \nthe ground-1eve I temperature. The upward movement of the pollutants is then arrested and they \nare trapped In an inversion layer which acts as a heat cover. If \nthere Is no wind the pollutants Increase considerably. Apart from such cases of local pollution, pollutants and all the \nchemical compounds arising from them may be carried into the \natmosphere by the wind over long distances before returning to \nthe ground mixed with rain water, snow, mist and fog. This cross-\nfrontier phenomenon of the long-range transfer of pollution Is \ncommonly referred to as acid rain. \"Heat Island\" \npbsoonsDOD \n\nWinter d e ar \n\u00abfcy \nBo wind \n\nS\u00abC \n\nGaidar air E^2>-\n\nIuverslon IJBSJSOC \n\nqryifVyr\u00bb a ir \n\n\u00bb\u00abc \n\no\u00abc \n\nColder \noountryside \n\ncountryside \n\nHeat ifslnni \n\nBuilt-up areas are \"heat Islands\" at the break of day, while the \nsorrounding countryside cools down. The hot air rises, causing a \ndepression drawing in the colder air of the surroundings. Pollutants emitted on the periphery are transported towards the \nbuilt-up area, increasing the pollution levels, sometimes \nsubstant iaily. Source: French Environment Ministry, June 1989. - 19 -\n\nWhile cases such as Athens are widely known, it would be wrong to \nassume that cities in Northern Europe do not have critical \nproblems as well. While data obtained by monitoring may indicate \nan overall improvement, the use of average figures from a \nrestricted number of recording stations may well be obscuring the \npresence of harmful concentrations at certain specific times and \nlocations. In Brussels, for example, rush hour traffic in road \ntunnels results In pollution levels many times the limit \nrecommended by the World Health Organisation. 2. 2. 2. Noise \n\nNoise is the most \"urban\" or all forms of pollution, affecting \nboth the health and the quality of life of its citizens. The most \nsignificant noise problems stem from various means of transport -\nroad traffic (especially motorcycles), aircraft, railways- and \nfrom building sites. Community action on noise has focused on \ncombatting noise generated by the worst Individual sources -\ne. g. , aircraft, building sites and motor vehicles (as well as \ndealing with noise in the work place). Important as these improvements have been in reducing the noise \nof extreme individual offenders, the overall noise problems \ncreated by the sum of \"normal\" cars, planes and trains has \nhardly been tackled. The likely increase in traffic in the \ncoming years will exacerbates the problem of urban noise. The Community proposes noise standards for motor vehicles as part \nof the norm-setting process of the Single Market. These \nstandards have progressively been Improved, but arguably still do \nnot require producers to incorporate the best \navailable \ntechnology to reduce noise generation. While more stringent \nstandards will clearly increase costs, these must be weighed \nagainst the benefits deriving from reduced noise nuisance. The \nuse of economic Instruments might be worthy of consideration In \nthis area. Yet even stringent standards for individual vehicles cannot \nsubstitute for a broader approach to traffic management. Where \nthey have been tried, so-called traffic-calming schemes have been \nand \nsuccessful. Reduced \nintegrated traffic-light controls have been introduced on local \ninitiative and are effective provided the restrictions are \nsubsequent I y enforced. restrictions \n\nlimits, \n\nspeed \n\nroad \n\nA major constraint on schemes designed to reduce the level of \nnoise In cities Is the absence of a generally accepted noise \nquality standard. Various Member States have adopted noise \ntarget levels, but these rarely have legislative status. The \nCommission is studying the concept of setting limits for ambient \nnoise levels as a quality target similar to those set for air \npoilut ion. - 20 -\n\nThis would recognise the importance of action aimed at assisting \nthe significant numbers of people living In areas where they are \nsubject to levels of noise which affect their health (by causing \nstress or disturbing sleep). It Is often the poorer sectors of \nour society, living In the worst housing conditions, who are \nsubjected to the highest ambient noise levels. 2. 2. 3. Water \n\nHistorically, the process of population expansion and industrial \ndevelopment in urban areas has proved disastrous to the quality \nof the rivers which flow through them. As towns ceased to rely \non their rivers as a source of water, the rivers became waste \nreceptacles, subjected to an Increasing volume and variety of \neffluent harmful to both water quality and wildlife. A further aspect of this problem is that sewage systems designed \nand built in the late 19th century are still in use in many \ncities. Present polluting discharges are markedly different from \nthose of the last century, both In their concentration of \nsubstances and In volume of flow. Moreover, older sewers are \nfrequently in poor repair and the cost of replacing them is \nprohibitively expensive. The urban environment itself causes problems for sewage systems \nand their receiving waters. The city's impermeable surfaces \ntelescope urban runoff following rainfall, both in terms of the \npeak discharge and the length of time needed to reach that peak. In certain cases, Increased urbanisation in a catchment area can \nIncrease the downstream flood risk. Indeed, the canalization of \nmany urban rivers exacerbates this situation. It should also be \nnoted that the runoff from tarmaciced surfaces will carry with it \na cocktail of pollutants normally present on urban surfaces. While water treatment prior to reuse is usually adequate to \nensure conformity with Community water quality standards, the \namenity aspect of water quality has received comparatively little \nattention. Where significant improvements have been achieved, it \nhas often been In cases where the quality of a river has become \nan issue of civic pride, associated with the image of the city. This Is very much the case for London and the River Thames, which \nhas received considerable investment for improvements over the \npast few decades and Is now claimed to have one of the cleanest \nestuaries in the world. Rivers such as the Rhine, which are influenced by a large number \nof towns and cities in various States, demonstrates the impact \ncities may have on each other, as well as the need for \ncooperative action at the international level. - 21 -\n\n2. 2. 4. Waste \n\nAs with other forms of pollution, the specifically urban problems \nrelated to waste result from a combination of high population \ndensity with a wide variety of economic activity : hospitals, \nlarge and small produce markets, debris from demolition and \npackaging discarded by transporters, retailers, and shoppers, to \nmention a few. The local authorities must in fact solve three related tasks \n\n- street cleaning \n- refuse collection \n- waste disposal \n\nThe disposal of vast and ever-growing volumes of domestic and \nindustrial \nwaste poses an enormous problem for those \nadministering Europe's cities. Table 2 indicates the volumes of \nwaste generated and how these are treated, by country. The \nsimple solution of landfill, even In controlled conditions, is \nbecoming Increasingly difficult for many cities, either because \nof the scarcity of available land within reasonable distance of \nthe city or as the result of opposition from residents In \nsurrounding areas. Table 2 \nUrban Solid Waste Treatment, Selected Countries, 1985/1986 \n\nR. S. U. DUMPING \n\nMillion T. Legal / Illegal \n\nINCINE- OTHERS \nRATION \n\nNATION \n\nDenmark \n\nHolland \n\nFrance \n\nSweden \n\nGermany \n\n1. 4 \n\n4. 4 \n\n17. 0 \n\n\u2014 \n\n32,0 \n\n22 \n\n53 \n\n44 \n\n80 \n\n70 \n\n90 \n\n\u2014 \n\n\u2014 \n\n10 \n\n\u2014 \n\n\u2014 \n\n\u2014 \n\n\u2014 \n\nUnited Kingdom \n\n20. 0 \n\nBelgium \n\n3,2 \n\n70/80 \n\nItaly \n\nSpain \n\nGreece \n\nIreland \n\n15,0 \n\n10. 0 \n\n\u2014 \n\n110. 0 \n\n30 \n\n55 \n\n\u2014 \n\n80 \n\n65 \n\n\u2014 \n\n20 \n\n35 \n\n70 \n\n37 \n\n36 \n\n35 \n\n27 \n\n9 \n\n20 \n\n11 \n\n5 \n\n\u2014 \n\n8 \n\n10 \n\n10 \n\n5 \n\n3 \n\n5 \n\n10 \n\n4 \n\n15 \n\n\u2014 \n\nSource : Recupero Aliumlnio in Forma dl Lattlne, Conzorzlo del \nProduttorl dl contenltorl in AI lumlnlo-Bresso (Ml) - IT. - 22 -\n\nIncineration is proving to be a problematic alternative, it is \ndifficult to find suitable sites and their partly toxic emissions \nhave led to Community legislation setting emission limits for \nmunicipal Incineration plants. Progress In waste reduction and \nrecycling has been achieved In some Members States, particularly \nGermany and the Netherlands, but even the most optimistic \nestimates generally give a 30% reduction as the highest target \nthat can be achieved. The Commission's recently published waste management strategy* \nsets two priorities : prevention and recycling. Prevention is \nabove all a matter for Industry. For instance changes in \npackaging could greatly ease urban cleaning and waste management \nproblems. For urban authorities recycling Is a major option. This requires sorting at source (and the necessary containers), \nand specialized collection services. Future planning parameters \nfor large apartment and office buildings can also incorporate \nfacilities for sorting waste for recycling purposes. 2. 2. 5. Sol I poI lut ion \n\nThe pollution of soli by indiscriminate tipping of toxic \nsubstances is now recognised as a major concern in urban areas. While there is increasing interest to reclaim existing land \nwithin urban areas, soils contaminated by decades of tipping \nprevent the reuse of such land for either habitation or new \neconomic activities. Given the local and very specific character of each Individual \ncase, It is difficult to establish general policies or technical \nsolutions. Yet while the Immediate impact of contamination Is \noften local, there is a medium-term threat to groundwater. 2. 3. The built environment \n\nWhile the landscape of the countryside Is formed by natural \nfeatures, the townscape Is formed by buildings, with trees and \ngreen spaces providing Important accents. The environmental \nquality of townscape Is to some extent a matter of subjective \ntaste. Nevertheless, most people show a similar appreciation of \nthe quality of towns and cities - historical buildings and street \npatterns, open spaces and trees, activity. The historical centres of European cities, where they remain \nIntact, represent an important link with the city's past culture \nand heritage. In a world Increasingly dominated by international \nstyles of architecture and building technology, historical \ncentres provide a unique sense of place which differentiates one \ntown form another. *SEC 89(934) final : Community Strategy for Waste Management. - 23 \n\nThe past few decades have seen major changes In the planning and \nmanagement of our cities. Most have undergone a process of \nsuburbanization, with fewer and fewer people living In the \ngenuine centres, which are Increasingly taken over by offices and \nshops. Enormous development pressure from these activities has resulted \nin the destruction of much of the historical fabric of our \ncities, which has been replaced with new buildings, often of \nIndifferent - If not poor - quality. Very little of the \nconstruction of the present period is likely to be regarded by \nfuture generations as being the stuff of which heritage is made. Quantification of this destruction on a European scale is \ndifficult, since official classification and listing systems vary \nwidely. The U. K. has one of the most exhaustive such systems, \nwith several hundred thousand buildings listed according to set \ncriteria related to their age and condition. The Netherlands \nalso has a wide classification scheme for individual houses. In \nItaly, whole historical centres are classified by local ordinance \nand national law. Belgium, In contrast, has far fewer classified \nbuildings and uses more restrictive criteria. While classification of a building does not necessarily guarantee \nIts protection, an exhaustive listing process does have the merit \nof ensuring that the heritage value of a historic building is \nreasonably weighed against any proposals for redevelopment. At \nthe International level, recognition of the Importance of areas \nis provided by the Council of Europe Diploma system. While this \ndoes not provide \nlegislative protection, It undoubtedly \ninfluences local decision-making. Unfortunately, the problems faced by the historical centres of \nour cities are not restricted to those of demolition and renewal. While the more affluent either stayed or are returning to the \ncentre, m IddIe-1ncome families continue to move to suburban \nareas, with large parts of inner city housing given over to \nrental accommodation for the less affluent groups of our society. While such housing is conveniently located, close to employment \nopportunities In the city centre, the revenue generated by these \nbuildings is often not considered sufficient to maintain them, or \nis not used for that purpose. The result Is decay. Historical buildings are also threatened by the high level of air \npollution In European cities. Buildings are not only being \ncovered by layers of soot from particulate pollution, but \nchemical reactions with pollutants such as S02 cause a \ndeterioration In the structure of stone. This is particularly \nserious and expensive to remedy, in the case of the decorative \ncarvings on the more Important public buildings and monuments. The growth of car ownership and urban traffic also poses \nconsiderable problems for historical towns centres, which usually \nhave narrow street patterns quite unsulted to motor vehicle use. Even cities such as Paris, historically subject to urban \nplanning, Including the Introduction of wide boulevards, have \n\n\f- 24 -\n\nfound that current levels of traffic significantly exceed \ncapacity. Apart from the physical problems caused by traffic \ncongestion, parking In streets and squares not designed for such \nuse is extremely Intrusive visually and disrupts pedestrian use \nof the street. It is fair to say that In the past decade there has been a \ngreater recognition of the importance of historical town centres \n- the pace of demolition has slowed, and a number of restoration \nschemes have been undertaken. Traffic calming measures and pedestrian zones in parts of the \ncity centre have been widely adopted and have proved popular, \nwith citizens enjoying a safer and more relaxed shopping \nenvironment. Nevertheless, pressures arising from development, \nderelict areas and the Impact of motor vehicles continue, and the \nfuture of parts of the historical centres of many European cities \nstill hangs very much In the balance. The same pressures also have often resulted in the loss of open \nspace within city areas to parking lots or road-widening schemes. High property values make it extremely difficult for public \nauthorities to acquire land for the creation of new public open \nspaces in city centres, Just as citizens are becoming more aware \nof the Importance and value of such space. One possible approach to this problem is through the intelligent \nmanagement of the abandoned land that exists in all cities. Changing patterns of employment, manufacturing and freight \ntransport have left their mark on the physical structure of our \ncities - predominantly In the form of wide swaths of derelict \nland comprising abandoned docks, factories and barracks. While \nsome cities have undertaken Imaginative renewal projects which \ndemonstrate the potential of these areas to create a new image \nfor the city, others have left derelict land untouched - a blight \non the urban environment. Ironically, the problems associated with the built environment of \nour cities are not restricted to the adaptation - poor or \notherwise - of historical towns to 20th century life-styles. Equally serious problems have been identified In some of the new \ndevelopments designed to replace inner city schemes. The late 1950s and 1960s saw a Europe-wide trend towards the \nconstruction of massive public housing schemes on the edges of \nour town and cities, often involving high-rise blocks of flats. Far from urban facilities, poorly served by public transport and \nfrequently Inadequately maintained, these areas often became the \nslums of the late 1970s and 1980s. The absence of commercial and \neconomic activities and opportunities in these areas has \ncontributed to high unemployment levels and has tended to \nrestrict further the mobility and opportunities of their \ninhabitants. - 25 -\n\n2. 4. Nature In the city. The value of natural features within urban areas has long been \nrecognised. Parks, gardens and avenues of trees have been \ntraditional features of town design. The visual contribution of \nsuch features is extremely significant; even a very small number \nof mature trees considerably softens the harshness of an \notherwise totally built environment. In addition, such features \nhave a symbolic value for many city dwellers, providing a \npsychological link to nature and the countryside. In recent years, a widening Interest In nature conservation has \nled many people to explore the habitats and wildlife of their \nimmediate urban and suburban surroundings. Areas of abandoned \nland and seminatural habitats have often proved to be \nsurprisingly rich in their variety and abundance of wildlife. The Importance of such natural habitats In urban areas has grown \nas increasing pressure has been placed on wildlife in the \ncountryside by the use of Intensive agricultural practices over \nthe past few decades. In a number of cities, detailed inventories of wildlife habitats \nhave been drawn up and active volunteer groups formed, seeking to \nprotect these sites from development and ensure their sound \nmanagement. While in absolute terms such sites may not always \nhave a wildlife value comparable to that of a truly natural \nhabitat, their location in or close to urban population centres \ngives them a special value and relevance. They also form an \nimportant \nresource for educational activities and nature \nfamiIlarization. A general Increase in leisure time has made citizens increasingly \naware of the value and Importance of such open spaces in or close \nto the city. As land use within the city changes, public \nauthorities frequently have the opportunity to create new public \nspaces. But, as already stated, this Is often a costly exercise \ndue to the value of such land for development purposes. Open spaces and seminatural habitats on the city's edge, with \nease of access for urban residents, are also of great importance. Many cities- such as Brussels, Berlin and Luxembourg - have large \nareas of forest adjacent to city boundaries; these provide a \nhabitat for wildlife and recreational opportunities and are a \nresource for commercial forest production. With the priorities \nfor agricultural production changing within the Community, the \nconcept of developing such areas adjacent to other cities merits \nconsid\u00e9r\u00e2t ion. 3. The Root Causes of Urban Degradation \n\nThe city's problems are hidden by its obvious improvements - in \nthe health of Its Inhabitants, better equipped housing, shiny new \nbuildings and motorways. The notion that collateral effects are \na necessary \"price to be paid\" may seem persuasive. Moreover, \nnegative effects, while no less \"real\" than these Improvements, \n\n\f- 26 -\n\ntake much longer to become visible - rising crime, chronic health \nproblems, the gradual build-up of traffic, noise and pollution-, \nthey thus rarely produce the clear moment of crisis which Is \nusually required for political action. be \n\ncannot \n\nHowever, the political maturity of a society is measured by Its \nability to think In the long term. European unity Itself Is an \nexample. This \nand \ntechnocratic projects which fail to Inspire large parts of the \npopulation. The European city cannot be saved by regulation or \nmoney alone. Its improvement requires above all a broad \nunderstanding of the deeper causes of Its problems, forming the \nbasis for a consensus which allows local, national and European \naction towards a shared goal. This will entail the exchange of \nideas and cooperation between cities on a wide front. bureaucratic \n\nachieved \n\nby \n\nThese causes frequently are to be found In the way we organise \nwork, production, distribution and consumption, and in often \nrigid and outdated notions of planning. These - and other -\ncauses interact, reinforcing each other. The enumeration below \ndoes not Imply a hierarchy. Functlonalism \n\nCurrent urban planning often still reflects the principles of \nfunctional ism expounded In \"The Charter of Athens\", theory of \nplanning set out In the 1940's, and also to be found in the \nearlier British Garden Cities movement. Both these theories \nexpounded the merits of a system of town planning based on a \nrigid compart Imenta Iization and location of activities on the \nbasis of function. Thus, housing, Industry, commercial areas, \ngreen spaces, etc. are all physically separated and linked by an \nextensive road and transport network. Functional separation may \nsometime be useful when applied, for example, to industry. In \nother areas, however, as was pointed out by Karl Gruber, the \npractice of strict zoning Ignores the patrimony and geographical \nreality of the city. \"Functional exactness\" destroys the \nflexibility of the city and Its buildings; these, conceived as \narchitectural objects, are unable to adapt to changing conditions \nand therefore prevent the city from functioning as a dynamic, \norganic whole. Production and the organisation of work \n\nWhile even the industrial city was largely an extension of the \ntraditional town, the Internationalisation of the economy has \ncaused a break with the past. Investments - and their location -\nare made from distant headquarters with scant regard for local \neffects. Products are conceived in one place and made in \nanother. City planning is often orientated towards the encouragment of \ndevelopment : new commun I cat Ion Infrastructures, Industrial parks \nand office buildings, frequently replacing Inner city housing. - 27 -\n\nEach city seeks to attract corporate headquarters, international \nInstitutions, International service activities and industrial \nInvestment. This Is now taking place In a context of Increased \ncompetition between cities. In all this the environment, and the \nquality of life of the Inhabitants, often come a poor second. At the same time It must be recognised that environmental quality \nis an asset In international competition. Farsighted cities are \nseeking to attract high value-added activities by Increasing the \nquality of life in the city or by establishing attractive science \nparks - with Increased tourist revenue as a bonus. Firms, research centres and other institutions seeking to recruit \nthe top personnel and skilled workforce on which their success \ndepends Increasingly take the attractiveness of a potential site \nas seriously as its conventional efficiency. The environment and \nquality of life for inhabitants and for promoting economic \ndevelopment should therefore be a primary Issue for city planning \nand management. Distribution and consumption \n\nThe age of mass consumption has had a profound impact on the \nspatial organisation of the city. One such phenomenon is the \nlarge shopping mall at the far periphery, accessible on I y by car; \nsimilarly, the access routes to the city are lined with \nspeciality shops, garishly advertised, whose collective visual \nImpact is more reminiscent of the industrial zone than of the \ntraditional High Street. Meanwhile, high-class shops take over the most picturesque parts \nof the old centre, depriving its Inhabitants of shops for their \ndaily needs. Other central areas are taken over by pedestrian \nzones, crammed with a narrow range of clothing and similar shops, \nwhich reduce variety and convenience for Inhabitants and attract \nlarge amounts of traffic to surrounding parking garages. There Is thus a link between single-purpose public spaces and \nurban monoculture generally: the pedestrian area creates shopping \nprecincts; the urban motorway, office ghettos. What is lost is \nthe equilibrium resulting from many uses and many modes of \ntransport co-existing: the pedestrian, cyclist and public \ntransport creating a multifunctional environment which neither \ndepends on nor totally excludes the private driver. - 28 -\n\nHotels, restaurants and housing \n\nHotels and restaurants can be an extension of city life, oriented \nto serve local Inhabitants. To an Increasing degree, however \nthey are mere extensions of the office culture, serving its needs \nbut crowding out local Inhabitants and attracting traffic to the \ncentre. Increasingly, the centres are Inhabited by three groups: older \npeople with modest means, Immigrants, and young professionals, \nwell-off and without children, benefitting from private or public \nurban restoration In what is known as \"gentrif I cat ion\". The neighbourhoods surrounding the centre, built in the second \nhalf of the 19th century, show a greater diversity of age and \nsocial groups. They are, however, assailed by traffic passing to \nthe centre, and by encroachments from office development. Further on the periphery, housing estates often represent \nextremes of monoculture, both as regards the social status of \ntheir inhabitants and the absence of multiple urban services and \nactivities. While the growth of these dormitory towns can in part be \nexplained as a response by public authorities to a pressing need, \nthey also follow a doctrinaire view developed before World War I \nwhich saw the \"garden city\" as an Ideal. This attempt to provide \nthe city's \nhas \nunfortunately too often resulted In urban sprawl and further \nd\u00e9centraiIzation. Inhabitants with air, quiet \n\nand space \n\nThe price, however, Is the need for a massive transport \nInfrastructure whose main effects are felt by districts closer to \nthe centre; and, for the individual, long travelling times. Moreover, suburban housing Is nothing If not self-sufficient. Its \ngadgets are an effective substitute for services exhanged within \nneighbourhoods - and hence contribute to Isolation. These effects have contributed to create a movement of \"return to \nthe city\". Impatience with long commuting times and the desire to \nprofit from the cultural diversity of the city are reinforced by \ntwo contemporary needs : as Industry and services Increasingly \nwork around the clock, key technical personnel or executives must \nbe Instantly available. In addition, the frequent uprooting from \nhouse and social life associated with increased Job mobility can \nbe avoided by living in or close to the centre. The demand for \nattractive urban housing suitable for families is beginning to be \nmet by a still often experimental supply of roads with traffic \nrestrictions where children can play and adults mingle, small but \nwell-planted parks and play areas, replanted courtyards, roof \ngardens, etc. - 29 -\n\nThese experiments show that the \"mixing\" of urban uses - of \nliving, moving, working - Is possible and, Increasingly \nnecessary. This new concept takes as Its model the old* \ntraditional life of the European city, stressing density! \nmultiple use. social and cultural diversity. Different social*, \nprofessional and age groups living together also create the basis \nfor a civil coexistence which Is undermined by growing mutual \nIgnorance and distrust. from vandalism and crime provoked by \n\nHowever, the housing estates of the periphery, increasingly \nsuffering \nlimited \noccupational choice, monotony and isolation also have to be \nurbanized \nin this new-old pattern: by creating greater \nheterogeneity, centres of greater density, life, and variety of \nuses. Tour 1sm \n\nThe constant increase In tourism in certain cities characterized \nby a very rich cultural heritage, numerous examples of \noutstanding architectural beauty and sophisticated or specific \ntypes of urbanization may, In the absence of effective controls, \nundermine the quality of life of the inhabitants. Historic \ncentres are being turned into monofunctional areas as a result of \nthe proliferation of hotels, the rise in property values, the \ndisappearance of corner shops, overcrowding, and the relocation \nof small firms, including craft businesses. This transformation, \ndisrupting the fragile equilibrium of the urban environment, is \nbound to affect the overall dynamics of historic centres, since \nan excessive concentration of visitors may result In the \ndeterioration of the heritage itself. However, the cities and regions attach high hopes to the \ndevelopment of tourism and leisure activities. It is therefore \nessential that a planning strategy for urban tourism be \nelaborated In order to avoid the negative effects of tourism and \nto channel the proceeds Into renovation of the urban fabric, \nrestoration of the cultural heritage, development of leisure \nfacilities and green spaces and, last but not least, Improvement \nof pub 11c spaces. Communication and mobility \n\nSome futurologlsts have concluded that modern communications \ntechnology could allow those now living and working in congested \ncities to disperse throughout the country. Everything argues \nagainst \nindependent \nprofessionals : the sheer number of people relative to the land \navailable, the destruction of the environment Involved, the \nImplied waste of existing urban Infrastructure. such a vision for all but a few \n\nPersonal mobility thus remains an essential - Indeed, the \n\n\f- 30 -\n\nessential - atrlbute of the city. As argued above, spatial \nseparation dictated by functionalist doctrine leaves, in the \nabsence \nlittle \nalternative to the motor car. networks, \n\neffective \n\ntransport \n\npublic \n\nof \n\nYet adding roads, tunnels, etc. to accommodate growing traffic \nhas the perverse effect to slowing It down during construction, \nwhile Increasing pollution and noise even further. Once such \nIncreases to \nInfrastructure is completed, traffic quickly \nrecreate the previous levels of congestion. For the centre, \nhowever, the increase is real : pressure on space for parking \nspills over onto pavements, squares and parks. Outright prohibition of the car is rarely the answer. As stated \nearlier, It may accelerate the monofunetional quality of the \ncentre. It may force detours which increase overall traffic and \nhence pollution, or shift the problem of parking to the edge of \nthe protected centre. Generally, the objective must be to make the car an option rather \nthan a necessity which is created - indeed, forced on the \nIndividual - by the separation of the city into monofunctlonal \nsegments. The multifunctional, creative city, which is also the \nmore livable city, Is the one that pollutes the least. In turn. by limiting the car's contribution to noise, unsafe streets and \nair pollution, the city's attractions can grow and its economic, \nsocial, and cultural potential be realized. Concretely, this leads to three convergent orientations: \n\n- avoid strict zoning In favour of mixed uses of urban space, \n\nfavouring In particular housing In Inner city areas; \n\n- defend the architectural heritage against the uniform banality \nof the International style, respecting rather than Imitating \nA. ,. : \nthe old; \n- avoid escaping the problems of the city by extending Its \n\nperiphery: solve Its problems within existing boundaries. Lastly, It Is Important to stress the role of regulation while \nwarning against certain modes of planning. Regulation regarding \nenvironmental targets Is essential. Planning without broad \nparticipation by, and concern for the city's Inhabitants will \nresult in a narrow view of its efficiency, which ultimately \ncondemns It to sterility. - 31 -\n\nCHAPTER TWO: TOWARDS A COMMUNITY \n\nSTRATEGY FOR THE \n\nURBAN \n\nENVIRONMENT \n\n1. Targets for Urban Environmental Improvement \n\nThe primary objectives of urban environmental policy and \nmanagement are the creation, or re-creation, of towns and cities \nwhich provide an attractive environment for their inhabitants, \nand the reduction of the city's contribution to global pollution. However Utopian this target may appear, It is one which meets \ntoday's concerns and tomorrow's responsibilities. The analysis of the previous section traces urban environmental \nproblems primarily to two factors. The first of these is the uncontrolled pressure placed on the \nenvironment by many of the activities which are concentrated in \nthe cities. The second - and not unrelated - factor is the spatial \narrangement of our urban areas. In the past few decades, planning \nphilosophy and development practice have radically altered the \norganization of towns, In many cases giving rise to an almost \nclinical separation of land uses. This physical separation, often \nbetween areas not linked by public transport, has required urban \npopulations greatly to increase their mobility, and thus their \nreliance on motor vehicles In general and private transport In \nparticular. This has in turn led to the development of extensive suburban \nresidential areas which are economically difficult to service by \npublic transport. The environmental implications of such spatial \nreorganization of our cities may be seen In terms of \n\n- Adverse effects on specific areas within towns : congested or \ndecaying city centres; peripheries turned Into dumping grounds \nfor land uses considered undesirable for the city - waste \ntips, Industry, social housing-, \n\n- Generally high levels of air and noise pollution, caused In \n\npart by the mobility Imposed by spatial differentiation. Moreover, this pollution spills over Into the country and the \nglobal environment. By their very concentration, cities are major \ncontributors to acid rain and - via C02 emissions - to the \ngreenhouse effect. Higher smokestacks are thus not the answer. - 32 -\n\nGrowing concern over the environment In general and the urban \nenvironment In particular has led public authorities at all \nlevels to Initiate remedial action. While such actions have \nundoubtedly helped to Improve environmental quality or prevent \nIts further deterioration, much remains to be achieved. There are \nfew objective measures for evaluating the environmental quality \nof urban life. But with growing awareness of the Issues, citizens \nare seeking more than prevention of further deterioration-, they \nare demanding positive improvements. The experience provided by past successes and past failures \nprovides useful guidelines for future action. An analysis of the \nefforts made during the past few years to tackle urban \nenvironmental problems suggests that these have been constrained \nby a number of important factors which can be addressed in a \nCommunity programme of action. 2. Constraints on effective environmental management \n\nThere is growing understanding that effective environmental \nmanagement requires replacing the piecemeal approach to problems \nby a high degree of Integration, if displacement of problems is \nto be avoided. However, issue Integration must also be matched by \nprocedural integration : between policy-making, problem analysis \nand Impact assessment, planning, financing, and implementation -\nprecisely because of the wide scope of the issues involved. Even \nat the end of the process, however, results will be transitory if \nthe public is not helped to acquire the awareness needed to \nrecognize environmental problems on a day-to-day basis and \nstructures found which translate this awareness Into action. (1) Coordination \nThis Is essentially an institutional problem which affects all \nlevels of public administration. The traditional approach to \nurban environmental problems has been essentially sectoral - In \nother words, Individual measures aimed at reducing the effects of \nspecific problems. Yet given the complexity of urban systems, decisions made In \nalmost any Individual sector will have repercussions elsewhere. The division of responsibility of urban management between \ndifferent levels of government and various agencies operating at \nthe local level Involves difficulties of Integration which are \nboth \"vertical\" and \"horizontal\". Few cities posses an institutional framework which permits \ngenuine coordination of Investment, development and environmental \ndecision-making. The implications of this are most easily seen In \nrespect to transport planning. Despite their significant \nenvironmental Implications, decisions affecting public transport \non the one hand and road construction on the other are rarely \nIntegrated Into a single, comprehensive transportation strategy. (Ii) Resources \nWhile limited budgets undoubtedly constrain many environmental \nprogrammes, environmentally sensible solutions can often be \nachieved by the more efficient use of existing resources. - 33 -\n\nv \n\n(III) Information \nAs discussed above, the lack of accurate and consistent data on \nmany environmental factors acts as a constraint on programme \ndevelopment. It is difficult to set objective targets for \nImprovement without a clear recognition of the scope of a \nparticular problem. In the past few years, greater efforts in the \nfield of environmental monitoring, together with public pressure \nfor access to collected data, have generated demands that higher \npriority be given to Improvement programmes. (iv) Technical Knowledge \nWith the growth of concern for environmental issues, there has \nand \nbeen concomitant \ntechnologies. This has already yielded results In many areas of \nnoise and pollution control, which will gradually be implemented \nover the coming years. These successes have made clear the \nimportance of ongoing research and development In environmental \ntechnology. In environmental \n\ntechniques \n\ngrowth \n\n(v) Problem Displacement \nOne of the shortcomings of the current sectoral approach is that \nthe solution to one problem often proves to be the cause of \nanother one. Thus, the construction of new urban roads to ease \ncongestion may stimulate more traffic and thereby Increase \npollution. Attention must therefore be paid to potential \nsecondary effects of solutions. Electric cars will be quieter and \ncause less direct pollution than motor vehicles, but the problem \nof C02 pollution resulting from the generation of electricity by \nburning fossil fuels remains. Most electricity in Europe is \ngenerated in this way, and the situation Is not likely to change \nin the near future. (vl) Environmental Improvement vs Economic Growth \nA significant restraint on many measures for environmental \nImprovement has been concern for their Impact on economic growth. It Is not surprising that economies which have in recent years \nbeen been faced with high Inflation and unemployment are \nreluctant \nIndustry and consumers with higher \nenvironmental standards. This conflict between environment and \neconomy is, however, a false one since In the long term the \nprotection of environmental resources Is a basic condition for \nsustained economic growth, which can itself contribute to \nenvironmental improvement. to burden \n\nIn the short term, the weakness of our present environmental \nlegislation and policies is such that economic growth is likely \nto lead to Increases in pollution and pressure on the \nenvironment. Analysis of the projected future patterns of growth \nwithin the Cdmmunlty Indicates that It is likely to cause severe \nenvironmental problems related especially to transport, energy \nand waste. More positive measures to overcome these impacts are \nrequired not Just to protect the environment but also to ensure \nthat the benefits of this growth are sustained. Economic \nIntegration provides positive opportunities for the application \nof environmental Improvements throughout the entire Community. - 34 -\n\nITttl\u00ee\u00bb \u00b0ne ,\u00b0f the maJOr d , f f , c u , t ,es in judging the balance \nbetween environment and economic development concerns the \ntimescale. Current environmental management far too often \nresponds to short-term crises rather than engaging In long-term \npIannIng. At the heart of the conflict, however, is the fact that the \nmarket economy currently doesn't \"Internalize\" the environmental \ncosts. It does however have the potential to do so. While \nresearch carried out by the OECD, among other organisations, has \nalready fully documented these costs, this is yet to have a \nsignificant Impact on public policy. Consumer and producer choices can be guided through economic and \nfiscal measures which rely on market forces. Although this policy \noption is only beginning to be explored, It has considerable \npotential as means of contributing towards compatibility between \nenvironment and economic growth. 3. Guiding Principles for Urban Environmental Improvement \n\nFrom this discussion, a number of themes arise as guiding \nprinciples for Community \naction in improving the urban \nenvIronment. (I) Coordination-int\u00e9gr\u00e2t ion \nThe complexity and Interrelationships among urban problems calls \nfor greater Integration in policy and investment decision-making \nto economic development, social policy (the reinforcement of \nsocial and economic cohesion), transport and environment. (II) ResponslbiIity \nAccepting responsibility for the consequences of our activities \nat all levels - of the Individual, the company and public \nadministration - is an important prerequisite for environmental \nImprovement. This In turn presupposes understanding and knowledge \nof these consequences, which Is often lacking. While Informed \nchoice alone will not solve our problems, it will contribute to \nthis end. For the city itself, It Is perhaps useful to suggest the \nobjective of the non-polluting city - assuming the responsibility \nto prevent pollution of the surrounding countryside. An example \nIs the project \"Seine Propre\", by which Paris aims to treat 100% \nof the waste water discharged into the river Seine. (ill) Sustainabllity \nThe \nlong-term objectives of environmental and economic \nsustainabllity must be accepted along with that of environmental \nquality In the short term. The World Commission on Environment \nand Development, in Its 1987 report, commonly known as the \nBrundtland \nprinciple \nreport, developed as an Important \n\"sustainable development\": that the use of resources and the \nenvironment should not reduce the potential of these resources \nfor \nimplications for urban \nenvironmental management need to be explored In detail. generations. succeeding \n\nIts \n\n\f- 35 -\n\n(lv) Subsidiarity \nr!^,,nP,rt,vn C ,?l e^, , eS sPe c , f , c a , |y to actions by the European \nTi\u00efTrL r n d,\u00d4f,n,ng the d,V,s,on of responsibilities between \ndifferent levels of government, It assigns a role to the \nCommunity when policy objectives can best be achieved by acting \nat the European level. The full text of the Treaty which covers \nCommunity Involvement In environmental matters is set out In \nAppend Ix I. With reference to the urban environment, the basis for Community \naction Is to be found in: \n\n(a) The International Implications of pollution originating from \nurban areas. Many of the activities which cause problems within \nurban areas also contribute to cross-border air and water \npollution and to global environmental problems such as global \nwarming. (b) The commonality of problems within the urban environment. This argues for cooperation among Member States in the search for \nsolutions. (c) Recognition of a European dimension of the historical and \ncultural heritage of our towns and cities. (d) The necessity to consider potential Impacts on the \nenvironment, and In particular In urban areas, of Community \npoI icy In a 11 sectors. 4. Instruments of Community Action \n\nCity authorities, and the national governments which provide the \nlegislative and financial framework within which cities operate^ \nhave the major responsibility to Improve the urban environment. The Community already, through a variety of policies and actions \nhas a significant impact on urban areas. The main instruments of \nCommunity action are described below with reference to how these \nare already being used to contribute to the Improvement of the \nurban environment. In considering how the Community can usefully \nextend its activities In this policy area, these are the main \ntypes of action which are available. (I) Legislation \nThe Community has assumed a major role in environmental \nmanagement by establishing quality objectives and emission \nstandards for a number of environmental factors - particularly \nair, water and noise pollution. With \nImprovements In \nenvironmental technology, emission standards will have to be \ncontinuously reviewed to ensure that they are In line with the \napplication of the best available technology. The Importance of \nthis role has grown with the approval of norms In the context of \nthe Single Market. - 36 -\n\nwhich \nCommun ty legislation requiring catalltyc converters \ns gnlfleantly reduce emissions of pollutants such as N02', to be \nfitted to all new cars sold In the Community from 1993 is a good \nexample of legislation which will contribute to improving the \nurban environment. The Community has also adopted legislation requiring a detailed \nenvironmental Impact assessment for major development projects, \nthe aim of which is to ensure that decisions are made with fuli \nknowledge of the environmental Implications of different options. Consideration Is currently being given to the possibility that \nthis legislation be extended to require such an analysis for \npolicies, plans and programmes. This requirement will improve the \ncoordination of objectives between different sectors and hence \nresult in plans and policies that are more sensitive to the \nmultiple needs of urban dwellers. (ii) Recommendations and Guidelines \nWhile in certain areas It is inappropriate for the Community to \nproduce a legislative framework, the commonality of problems \nbetween Member States is such that the Community is an \nappropriate forum for discussing and developing guidelines for \naction. (ill) Research, Demonstration and Training \nImproved methods and techniques of urban management can \npotentially benefit the entire Community. It is therefore \nappropriate that the Community financially encourage such \nexperimentation through demonstration and pilot projects which \nmight serve as models for wider application. In the same spirit, \nthe Community can serve a useful role in disseminating \nInformation about the practical results obtained to date \nthroughout the Community. The Community is already active In \nthese ways in many areas of urban management. In the field of Research, existing examples of relevant Community \nprogrammes Include the \"DRIVE\" programme which is developplng a \ncomprehensive range of Instruments for the provision of \nInformation services to managers and users of the urban transport \nsystem. It will provide the tools for Improved planning and \nmanagement of traffic, including the control of congestion, \npollution and noise, and the efficient use of public transport \nand parking space. Research is also being carried out into the \nImpacts of atmospheric pollution on the structure of historic \nbuildings. The Community Is currently supporting pilot projects \nin a number of areas which can contribute to improve the urban \nenvironment, Including for example a network of 12 cities being \nsupported In the development of urban energy planning. (Iv) Financial Assistance \nThe Community already finances considerable investment in urban \nareas through the structural funds, notably the Regional Fund, by \nloans from the European Investment Bank, loans and grants from \nthe ECSC and by other financial Instruments. - 37 -\n\nSome of these Investments directly or indirectly affect the urban \nenvironment; this includes direct environmental Improvements, \nrecognised as often being a precondition of economic development. The reform of the structural funds In 1988 has brought a new \ndimension to their Involvement In urban areas. This reform has \nemphasised the need to concentrate resources In defined priority \nareas and to co-ordinate the actions of the various funds. Submissions for support are made within the context of a Regional \nPlan. After n\u00e9gociation, a Community Support Framework is \nestablished which forms the basis for financial support. For \nurban areas, the two following objectives are relevant : \n\n- Objective 1 areas \n\nregions whose development is lagging \nbehind (I. e. where capita G. D. P. is less than or close to 75% \nof the Community average). - Objective 2 areas : areas of industrial decline. Objective 1 areas include many major cities and urban areas \nincluding Athens, Belfast, Dublin, Naples and Lisbon. The \nCommission has influenced the choice of actions in the Community \nSupport Frameworks for Objective 1 regions. These regions often \nlack Infrastructure such as sewage or water treatment plants, or \nadequate public transport, the absence of which affects economic \ndevelopment and the environment. The actions for these regions \nunder the CSFs are designed to improve their economic potential \nwhile at the same time taking account of the environment. Examples of actions for cities which will have specific \nenvironmental gains include: \n\n- the Athens metro to help reduce the dependence on the motor \ncar and reduce the chronic levels of air pollution in the city \n\n- In Lisbon, under the programme \"Llsboa Norte\", there are \nproposals for water and sewage works. These include the \nconstruction of an \"Interceptor\" sewer and sewerage treatment \nplants and the purification of water from industrial areas \n\n- in Naples, a priority has been given to linking sewer system \nwith treatment plants and the construction of a new water \npurification and sewage treatment plant. All Objective 2 regions are characterised by the decline of \ntraditional industries with a legacy of derelict land and \ncontaminated sites, and are therefore predominantly urban. A key \npriority under the Community Support Framework for Objective 2 \nregions is the reclamation and redevelopment of former Industrial \nsites. Add itionnaly, other actions deal with the disposal of \nwaste, treatment of water and sewerage and atmospheric pollution. It is estimated that 20% of current funding in these areas have a \nspecific environmental benefit orientation. Environmental actions \nare being linked with other actions designed to create jobs and \nnew opportunities. Some examples of the type actions intended are \nas fol lows : \n\n\f- 38 -\n\n\" \u00ee\u00ab8t\u00eerCh,. and a d V , C e* 3S W eM as m \u00f4 a s u re s. specifically linked \n\nand BremenS)POSal ^ \n\nr e c y c M ng of , n d u s t r |a\u00ab waste (UK, Spain \n\n- Insistence that industrial development should not, where \npossible, take place on \"greenfield\" land. The CSFs stress the \nneed to redevelop already derelict land (UK and Berlin). - Emphasis on the development of public transport systems rather \n\nthan further road infrastructure spending (UK). - Inclusion of measures relating to \"clean technologies\" in the \nresearch and development priority (UK) and Investment aids to \nSME's for non-polluting production plants (Berlin). - Measures to combat atmospheric pollution (Spain). In all, about 40 percent of major cities of the Community are \ncovered by the actions of Objective 1 and 2 areas. Since many of \nthe problems related to unemployment and re-trainlng are \nconcentrated in urban areas so, too, is the action through the \nSocial Fund. Support \n\nFrameworks, \n\nfrom the Community \n\nApart \nCommunity \ninitiatives can tackle some environmental problems as well as \npromoting economic development. The RESIDER programme for steel \nareas or the RECHAR programme for coal mining areas are examples \nof specific programmes which, while primarily focussing on \ncombatting the severe unemployment created by the decline of \nthese industries, also Include Important elements which relate to \nthe Improvement of the environment and Image of these areas. Another Community Initiative, ENVIREG, allocates 500 MECU over \nthe period 1990-1993 specifically related to environmental \nactions to reduce pollution In coastal areas, mainly In the \nMediterranean, and the management of hazardous and toxic \nIndustrial waste In objective 1 areas. A priority Is in urban \nareas of less than 100,000 inhabitants. Under article 10 of the ERDF regulation, urban pilot projects of \nan Innovatory character and which have demonstrative potential \nfor other cities may be co-financed, for example the London and \nMarseille pilot actions launched In February 1990. The Regional Development Fund Is, with few exceptions, limited to \nthose areas of the Community which are considered to be \neconomically disadvantaged and, within these areas, to projects \nwhich will lead to economic development. These limitations currently prevent the Community from assisting \nenvironmental measures In urban areas not covered by Objective 1 \nand 2 and projects which cannot be regarded as leading to \n\n\f- 39 -\n\neconomic development. If the Community wishes to be able to \nsupport environmental actions \nIn urban areas throughout \nCommunity, It will, therefore, need to consider the creation of a \nnew financial faciIity. At present finance available for specifically environmental \nprojects is very limited. The \"Medspa\" programme is the most \nsignificant of the current proposals. With a budget of \n9 million ECU In 1990 this programme is intended to provide \ntechnical and professional assistance with the preparation of \nplans for the treatment of urban sewage and waste to small \ncommunities, with less than 100,000 population, in the \nMediterranean Basin. (v) Economic and Fiscal Measures \nThe scope for Community action to encourage environmental \nimprovement by economic and fiscal measures has yet to be \nexplored \nincorporate \nenvironmental quality within the economic system by operating on \nthe market in ways which encourage environment friendly \nproduction techniques and products. in detail. Such measures aim \n\nto \n\n(vi) Urban Impact Assessment \nThe Commission makes policy In a wide range of sectors which may \nhave consequences for the urban environment. Such policies should \nbe carefully analysed to ensure that adverse effects on the \nenvironment are avoided. 5. Areas of Action \n\nThe first chapter of this document has identified the main \nproblems facing urban areas and their causes. The limitations of \nthe existing sectorial approaches to the solution of these \nproblems have also been identified. In presenting suggestions for \nfuture lines of action, It is important therefore to orientate \nthese towards addressing the causes of the problems rather than \nsimply their symptoms. This section discusses potential solutions \nto the problems and from these identifies a range of suggested \nlines for future Community action. These suggestions, which \nrelate to actions best achieved at the Community level, respect \nthe principle governing the role and competence of the Community \nas set out in the Treaty. As discussed In the first section of this chapter, the main \ntargets for future action for urban environmental improvement at \nall levels are seen to fall into two priority areas: \n\n- Policies which concern the physical structure of the city, \n\nspecifically with regard to : \n\n- Urban planning; \n- Urban transport; \n- Protection and enhancement of the historical heritage; \n- Protection and enhancement of the natural areas within \n\ncities-, \n\n\f- 40 -\n\n\" \n\nIVMWi \nactivities on the environment : \n\nC o n c e r n ed w , th reducing the impact of urban \n\n- Urban Industry; \n- Urban energy management; \n- Management of urban waste-, \n- Water management. It is also Important that the development policies in this area \nare based on accurate and comparative data on the state of the \nurban environment. Consideration Is therefore also required of \ninformation needs and how these are to be met. In addition to these main priority areas, there is also scope \nfor the Community to assist a range of Initiatives at the local \nand regional level which can contribute to the improvement of \nthe environment and quality of life In urban areas. These \ninclude initiatives related to : \n\n- information \n- social action \n- interregional co-operation. 5. 1. Urban planning \n\nEncouraging greater diversity and avoiding urban sprawl. The strict zoning policies of the past decades which have led to \nthe separation of land use and the subsequent development of \nextensive residential suburbs have In turn stimulated commuter \ntraffic, which Is at the heart of many of the environmental \nproblems currently facing urban areas. We therefore need a fundamental review of the principles on which \ntown planning practice has been based. Strategies which emphasize \nmixed use and denser development are more likely to result In \npeople living close to work places and the services they require \nfor everyday life. The car can then become an option rather than \na necessity. Strategies of this kind have already been put In \nmotion In countries such as The Nether lands;they merit wider \nconsid\u00e9r\u00e2t ion. Redeveloping urban waste lands \n\nThe many tracts of abandoned land, disused industrial sites, \nrailway sidings, docks and military facilities in urban areas \noffer valuable opportunities for redevelopment - saving existing \nrecreational and open space within cities and Its outskirts from \nencroachment by development. Many cities have already accepted \nthis priority In their planning strategies. However, the problems \nposed by contaminated land and complex ownership patterns are \nsuch that It will often require a firm lead from public \nauthorities. - 41 -\n\nRevitalizing existing city areas \n\nby carrying out environmental \n\nRevitalizing existing housing areas within the city Is also \nImportant. The quality of life In such areas can be dramatically \nand, \nImproved \nspecifically, by reducing the noise and pollution from traffic' \nThis requires local strategies that give priority to the needs of \npedestrians and Inhabitants rather than to drivers passing \nthrough an area. Such environmental Improvements may well provide \nthe Impetus for private investment In improvement of housing \nstock. Improvements \n\nThe need for revltalIzation Is not restricted to areas within the \ncity. Many urban peripheral housing estates, particularly those \nconstructed as social housing, are showing symptoms of urban \ndecline more traditionally associated with rundown inner-city \nareas. In London and Marseille, the Commission is already \nInvolved In pilot projects aimed at Improving economic and social \ndevelopment In such areas. The problems experienced by their \ninhabitants are often aggravated by their physical isolation from \nthe economic, social, commercial and cultural life of the city. Expanding the uses and activities of these areas, and thus the \nopportunities available to their residents, is part of a strategy \naimed at integrating these housing estates into the city, and \nImproving their environment and the quality of life of their \ninhabitants. Urban design \n\nUrban environmental quality is as much a product of building \ndesign as of spatial differentiation. Protecting the visual \nquality and historical identity of our cities thus requires \nattention not only to the protection of historical buildings but \nalso to the design of new buildings being inserted into the urban \nfabric. Urban planning should therefore Incorporate this third \ndimension, encouraging architectural innovation but ensuring that \nnew buildings are compatible with existing urban character and do \nnot destroy or render useless the city's open spaces. Suggested lines of action : \n\nshould \n\nauthorities, \n\n- That the Commission, in cooperation with Member States and \nthe \nlocal \nincorporation of environmental considerations \ninto town \nplanning strategies - a detailed Investigation and elaboration \nof the principles outlined above. Such guidelines will attempt \nto Influence town planning practice and provide an important \ncomplement \nto the proposed directive on environmental \nassessment of policies, plans and programmes. guidelines \n\nevolve \n\nfor \n\n- That further research Into the treatment of contaminated \nsoils, which so often hinder redevelopment of existing city \nsites, be encouraged. - 42 -\n\nThat further financial assltance be given to pilot projects \naimed at revitalizing less favoured urban areas by Introducing \na greater mixture of uses and hence access to urban \nfacilities. At the same time, such actions should aim to \nprotect and assist existing residents In these areas. The \nCommission should also consider how it can extend this action \nbuilding on lessons learnt from these pilot projects. The Community should consider the question of whether it \nwishes to extend financial support for urban renovation and \nenvironmental Improvement schemes beyond the types and areas \nof support permitted by the current structural funds and If \nso, how this could be achieved. 5. 2. Urban transport \n\nAs stressed throughout this report, the dramatic rise in private \nvehicle ownership over the past few decades has provided greater \nconvenience for many, but it has also led to congestion, negative \nimpacts of urban motorways, loss of open spaces to parking, air \npollution and noise. The dramatic increase in the amount of \nfreight moved by lorry has contributed to these problems as well. Urban traffic is a major contributor to acid rain and the \ngreenhouse effect. There Is growing recognition that the situation is serious and \naction needed. While the development of environment friendly \nvehicles could bring some relief, meaningful solutions will \nInvolve a significant shift In the balance between modes of \ntransport, favouring public over private transport and reducing \nthe level and Impact of motor traffic In our Inner cities. At the Community level It Is not possible to provide details of \nthe strategy that would be appropriate for a particular city. But \nIt Is possible to Identify a number of areas where progress would \ncontribute to reducing the Impact of vehicle traffic on the city. (a) Private Transport \n\nImproving current technology \n\nExisting and proposed Community legislation seeks to apply the \nbest available technology to reduce the noise and pollution \ntraditionally associated with motor vehicles, notably the switch \nto less polluting fuels, tougher standards on noise levels and \nthe use of catalytic convertors. These controls apply to new \nvehicles. They will not, however, reduce the emission of C02, \nwhich Is one of the most Important greenhouse gases. Moreover, to be effective these measures must be maintained \nthroughout the life of the vehicle. This can be accomplished by \nadding environmental conformity controls to existing technical \n(safety) controls. - 43 -\n\nThe Commission should be encouraging research into the further \nreduction of noise and pollution from motor vehicles and keep \nunder review its directives In this area to ensure application of \nthe results of such research. Even within existing technology, certain vehicles are recognised \nas less environmentally damaging than others. The Federal \nRepublic of Germany has recently adopted a differential taxation \nsystem related to emission levels. The Commission could consider \na wider application of such a system within the Community. authorities \n\nPublic \nand \nmaintenance of a substantial number of vehicles within the urban \nareas for various functions should set an example both In the \nchoice and the use and maintenance of their vehicles. acquisition \n\nresponsible \n\nthe \n\nfor \n\nElectric vehicles \n\nThere is a growing interest in electric vehicles as a potential \nsolution to the noise and air pollution problems posed by petrol \nand diesel engines. The Commission has already expressed interest \nin the development of these vehicles and has assisted in the \ncreation of an Intercity association aimed at encouraging \ndevelopment cooperation. While such vehicles would undoubtedly contribute significantly to \nlowering pollution levels, they cannot be regarded as an absolute \nsolution. They will not overcome congestion or relieve the \npressures on urban space. Moreover, they rely on electricity \nlargely generated by burning fossil fuels. Bicycles \n\nThe bicycle Is the ultimate environment friendly vehicle. However, few cities have seriously attempted to incorporate the \nbicycle Into an overall transport strategy. Indeed, existing \ntraffic presents pollution and safety hazards that strongly \ndiscourage the use of bicycles within the cities. Pedestrtans \n\ndiscomfort \n\nThe hazards facing bicycles are equally daunting to that most \nprivate means of transport - walking. In areas of heavy traffic, \nthe pedestrian is assailed by noise and fumes, leading to \nimmediate \neye \nIrritations. Moreover, such areas tend to resemble obstacles \ncourses. The pedestrian may have to navigate around parked cars \nblocking crossing and, In some cases, pavements, avoid metal \npoles bearing traffic signs, traffic lights, parking meters; rush \nacross streets where the \"pedestrian walk\" signal may be as short \nas four seconds; watch for cars going through or turning on a red \nIight, etc. respiratory \n\nlong-term \n\nand \n\nand \n\n\f- 44 -\n\nToo often, street planning focuses on the efficient circulation \nof motor vehicle traffic, leaving pedestrians to fend for \nthemselves. Walkers must be put back Into the planning equation -\nnot as an endangered species to be set aside In special \npedestrian areas, but as major users of the city's streets. (b) PublIc Transport \n\nWhile the contribution of public transport to reducing urban \ntraffic has long been recognised, few cities have succeeded In \nsignificantly shifting private to public transport. While the use of private cars has Increased, public transport has \nremained rather static. Experience has shown strong owner \nattachment to cars - often defying economic logic - and that only \na powerful combination of Incentives and restraints can shift the \nbalance to public transport. A number of issues call for \nconsideration in this connection. (I) Public transport, land use and transport planning \n\nUrban transportation planning should consider the potential of \nall forms of transport and take decisions within a long-term \nstrategy which relates it directly to land use planning and \nincludes environmental objectives. At present, many cities seem \nto take Important transportation decisions in an ad hoc response \nto increased demand. Thus, the response to Increased car traffic has too often been \nnew roads, which have In turn encouraged yet more traffic. A \npolicy of favouring public transport must inevitably involve \ndifficult decisions. Catering for all the demands of increased \ntraffic Is not an adequte response; congestion represents in some \ncases a useful tool of dissuasion. (ii) Improving public transport \n\nA common complaint - or excuse - is that the quality of public \ntransport makes It an inconvenient alternative to the car. Clearly, operators face significant economic problems. Improved \nservices Imply Increased costs for vehicles, rolling stock, \npersonnel and Infrastructure such as track and passenger \nfaciIities. Unless such decisions are taken within the context of an \nIntegrated transport plan based on a clear decision to develop \nattractive new public transport services as an alternative to new \nroads, there Is no guarantee that Improved services will attract \na sufficient number of passengers to cover costs. Attention must \nalso be given to the potential of park-and-rIde schemes and links \nbetween Intercity transport and internal networks. - 45 -\n\n(c) Traffic Management \n\nThe management of city traffic can be significantly improved by \ntraffic management systems which can Include high technolgy \nInformation and Informatics systems such as are currently being \ndevelopped under the Commission's DRIVE research programme. While \ntradltlonnally the main objective of traffic management has been \nto ease congestion and improve traffic flow, It can also be \napplied to the improvement of environment conditions. The \nencouragement of new techniques raises therefore the question as \nto whether they are to be used to encourage more traffic or to \nreduce environmental impact. Traffic management policies should \ngive full weight to environmental and safety considerations, \ntaking account of longer term implications at both the local and \nglobal level, while still reflecting the need for mobility which \nis essential to a healthy urban economy. Within the framework of \nthese considerations, the aim should be to reduce traffic \ncongestion but not encourage greater use of the city areas for \nmotor traffic. A variety of measures which restrain the use and impact of the \nprivate car are available. These include local area schemes aimed \nat traffic calming, Involving speed restrictions; road narrowing; \nand pedestrian zones. Such local measures if well designed and \nImplemented, are probably the most effective way to reduce noise. The Netherlands and Germany have had considerable success with \nthese techniques. In addition to encouraging greater use of \npublic transport, measures of this type form an integral part of \nschemes to revitalize Inner city areas, making them more \nhabitable and \"reclaiming the street\" for pedestrians. (d) Restrictions on parking \n\nParking restrictions have a major dissuasive effect on private \ncar use within the city. Attachment to car use is often so great \nthat drivers will accept considerable Inconvenience before they \nare willing to change to public transport. In those cities where \npublic tansport is still Important, the availability of parking \nIs severely restricted, either by accident or by design. (e) Taxation of road use In urban areas \n\nA number of cities within the Community are proposing the use of \nroad pricing or area licensing to Influence the balance of \nprivate and public transport. Such measures are already applied \noutside the Community, In cities such as Singapore and Oslo. The \nJustification for this type of economic Instrument Is that It \nforces the user more directly to assume the wider social and \nenvironmental costs of car use. These systems have the potential \nto discourage car use and to contribute financially to the \ndevelopment of alternatives but must be handled sensitively to \navoid negative impacts on the city centre. - 46 -\n\nSuggested lines of action \n\nThe Community should : \n\n1. 2. 3. 4. Encourage city authorities to Incorporate decisions about \nthe coordinated future development of public transport and \nroad construction into their plans for land use and \nfuture \ntransportation. The Commission \nsubmissions for structural fund assistance towards transport \nInfrastructure to demonstrate that such an analysis has been \ncarried out. should expect \n\nEncourage innovative approaches to the use of public \ntransport and the environmental management of urban traffic \nby contributing to the cost of pilot projects and monitoring \ntheir effects. Research programmes should attach high \npriority to environmental considerations and should include \ninnovative public transport, environmentally \nfriendly \nvehicles and advanced traffic management systems. This \nshould not lead to the encouragement of the greater use of \nurban areas for motor traffic. Encourage the Community-wide exchange of information in \nurban traffic management to maximize the benefits of a wide \nrange of experience. Consider in detail, possibly by financing pilot projects, \nthe potential for using economic instruments such as road \npricing to help solve the environmental problems generated \nby urban traffic. 5. 3. The protection and enhancement of the historical heritage of \n\nEuropean cltles \n\nThe historical character of our European town and cities - their \nbuildings, monuments, squares and street patterns - establishes \nan Identity and sense of place specific to individual cities. Our \ncities are an important symbol of the Community's rich cultural \ndiversity and its shared historical heritage. Interest in \nprotecting a city's historical character Is therefore not \nrestricted to that city's own citizens. The development pressures of the past several decades have \ngravely threatened Europe's urban heritage. Many towns and cities \nhave introduced planning schemes which provide significant \nprotection for these areas and encourage their restoration \nthrough Imaginative area Improvement schemes. The Community has to date played a minor role In financial terms, \nbut Important In terms of Increasing the public awareness of \ntheir architectural heritage. This role Is primarily oriented \ntowards assisting In the conservation of momuments illustrating \nthe richness and the diversity of the European architectural \nher itage. - 47 -\n\nSuggested lines of action : \n\n1. 2. That the Community provides more substantial finance for the \nconservation of historical buildings and areas of European \nsignificance. That consideration be given to the potential benefits of a \nCommunity system of recognition of the historic and cultural \nsignificance of individual buildings and parts of urban \nareas. 5. 4. Protection and enhancement of the natural environment within \n\nour towns and cities \n\nWith growing environmental awareness the wealth of the natural \nhabitats that lie within the confines of our towns and cities has \nbeen recognized. While the value of such areas is rarely \ncomparable to that of more natural habitats in the countryside, \ntheir proximity to a large population gives them a special value \nin improving the quality of urban life, providing opportunities \nfor informal recreation and for informal education in natural \nhistory and environmental Issues. The protection and improvement of open spaces and habitats and \nthe planting of trees enhance the visual pleasure provided by \nurban areas, and can also help to combat the microclimatic \neffects which concentrate pollutants within the city, and the \npollutants themselves. Many cities have adopted \"green plans\" which aim to protect and \nenhance the potential of open spaces and to encourage citizens to \nplant trees and to carry out other environmental improvements. The growth of leisure time and increasing demands of space for \nsports and recreation has placed great pressure on the existing \nopen spaces within urban areas. There are few cities which could \ngenuinely claim to have made adequate provision for such space. While the creation of new urban parks poses many problems, city \nauthorities should be encouraged to take up opportunities \nprovided by derelict and unused land. In many European cities, \n\"recreation\" forests on the edge of the city also provide very \nsignificant recreation opportunities for city dwellers. Suggested lines of action : \n\n1. 2. The Commission should consider a programme of pilot projects \nacross the Community to demonstrate the benefits of green \nplans and programmes of action. City authorities should be encouraged to review their \nprovision of public open spaces and seize oppportunitles \nwhere available to extend such provision. - 48 -\n\n5. 5. Water management \n\nA current proposal for a directive on municipal waste water sets \nthe objective of achieving a high standard of treatment for all \nwaste waters originating from urban areas. The necessity for this \ninitiative, as well as the improvements It could potentially \nrealize, are clear. A 1984 survey of urban waste water and \ntreatment facilities In 10 Member States showed that less than \nhalf of the total organic load was being treated at this time. At a more fundamental level, a project is currently under way at \nthe Commission to produce a directive on the ecological quality \nof waters. Unlike previous EC quality objective directives, this \nwill in principle apply to all Community waters. Moreover, It Is \nlikely to require Member States to put improvement programmes \ninto place to attain specific ecological goals. Although this \nproject is still In an early phase, Its impact should eventually \nbe to produce major biological and aesthetic Improvements in both \nurban and non-urban bodies of water. 5. 6. Urban industry \n\nIndustry is a major source of air and noise pollution in urban \nareas and surrounding areas, particularly where these are \nresidential. The traditional response to this problem has been to \nrelocate Industry to the urban fringe or beyond. This policy of \n\"out of sight out of mind\", while offering some Immediate relief \nto the local environment, is not a comprehensive solution. For large industrial operations, such moves are often desirable, \nsince new premises facilitate the application of modern \nproduction technology. For small and medium sized operations, \nwhere individual skills are often more Important than mass \nproduction techniques, such a move will frequently entail \nconsiderable financial cost as well as limiting access to \ncustomers and suppliers, notably of services. While It is true that some Industrial processes are undoubtedly \nbest located away from other land uses, existing policies have \nrelied too heavily on exclusion rather than compatibility. The \nCommission has already developed a range of directives limiting \nFurther \nemissions \ndevelopment of such legislation and of technical applications to \navoid these nuisances should provide a more flexible framework \nfor local planning authorities considering the location of \ncompatible Industrial activities within urban areas. Industrial operations. noise \n\nfrom \n\nand \n\nSuch Industries can be of benefit to local Inhabitants In \nproviding Job opportunities which do not require \nlengthy \ncommuting. - 49 -\n\nSuggested line of action : \n\nThe Community should undertake measures to promote the growth of \nsmall and medium sized entreprises in a harmonious way within the \noverall fabric of the urban environment and should provide \nassistance, where appropriate, to enable them to comply fully \nwith regulations and good practice In considerations relating to \nthe environment. 5. 7. Urban energy management \n\nEnergy consumption in urban areas is closely related to air \npollution from transport, heating, lighting and air conditioning \nof buildings. A more efficient use of energy could significantly \nhelp In reducing urban air pollution and, consequently, the \ncities' contribution to the greenhouse effect. As transport has \nbeen discussed in detail above, this section focuses on energy \nuse within buildings. Potential Improvements in this area \ni ncIude: \n\n(a) BuiIding design \n\nIn recent years there has been considerable interest in the \nconcept of ecological housing - self-contained units which create \nlittle demand for energy and cause minimal damage to the \nenvironment. Research has demonstrated that considerable energy \nsavings may be achieved by incorporating simple \"passive\" solar \nheating and other energy-saving principles in housing design, and \nby considering factors such as orientation and proximity in \nproducing a more efficient urban layout. (b) Standards of insulation In new construction \n\nThe technology available for energy conservation - wall \ninsulation, double glazing, etc. - is not being uniformly applied \nin new building construction across the Community. While \ngeographic differences may account for some of the variation in \nstandards, the Improvement and harmonization of such standards is \nworth further consideration. Standards and regulations for \nconstruction materials and products should also be put in place, \ntaking Into account what is now known about the problems of \nindoor pollut ion. (c) Improvement of insulation In existing buildings \n\nWhile there Is little precise information on the insulation \nstandard of the existing building stock within the Community, it \nis fair to assume that it is for the most part quite poor and \nthat there Is scope for considerable improvements in energy \nconservation in this area. Many Member States now encourage such \nexpenditure by financial and fiscal incentives. - 50 -\n\n(d) Efficiency of heating plant \n\ni?? \n\nThe efficiency of individual heating plants is greatly influenced \n\u00b0f ma,ntenanc*- m the FRG, property owners are \nK,, \nobliged to have their furnaces checked on an annual basis. It may \nbe possible to link such inspections to fuel supply or home \nInsurance contracts. (e) Combined heat and power \n\nCombining district heating with electricity generation Is highly \nefficient in itself, while the proximity of producer to user also \nreduces energy loss during transmission. The Commission has on a \nnumber of occasions Issued recommendations supporting such \nsystems. (f) Heating/energy audits of buildings \n\nEnergy audits prior to a property sale may be one instrument for \nincreasing public sensitivity to energy consumption. Such a \nsystem already exists In Denmark, where it Is linked to the role \nof a local energy consultant who provides advice on the costs and \nbenefits of various energy conservation investments. (g) Energy planning in cities \n\nEnergy planning in cities can reduce the energy requirement \nconsiderably. This Is a preventive means of avoiding pollution at the same \ntime. It is based on an analysis of the energy consumption \nstructure as well as the possibilities for exploiting local \nenergy resources. Integrated energy management concepts resulting \nfrom such planning Include many measures of the kind mentioned \nunder points (a) to (f) and have generally very positive effects \non the pollution level and economic development of cities. However, many cannot realise the existing possibilities because \nthey are Integrated In Institutional frameworks which do not give \nenough freedom for corresponding energy policies to be developed. The Commission Is already promoting energy technology projects In \nmany of the above areas. - 51 -\n\nSuggested lines of action. -\n\n1. 2. That the Community continue and Intensify its activit\u00e9s in \nurban energy management, seeking in particular to encourage \nand assist the cities to take steps towards urban energy \nplanning measures, to disseminate useful \nadvice on \nappropriate means in this framework, e. g. on building design \nfor energy saving and further to demonstrate the benefits of \nvarious energy conservation techniques by pilot projects. legislation on product norms defines \nWhile Community \nstandards \nbuilding \nInsulation \nfor \nconstruction, there is currently no Community legislation \nrequiring that specific standards be actually applied in new \nconstruction. While the Community has previously made \nrecommendations in this area, it may now be appropriate for \nthe Community to consider legislation. materials \n\nfor \n\n3. That the use of economic instruments to encourage energy \nconservation in buildings be the subject of a detailed \nreport and proposal. 4. That public authorities be encouraged to set a good example \nby the adoption of energy conservation measures in the \nbuildings they operate. 5. 8. Urban waste \n\nThe Commission has recently published a comprehensive strategy \nfor the management of urban waste, placing the major emphasis on \nthe avoidance of waste, reuse and recycling (see Chapter One, \nSection 2. 2. 4. ). The strategy Includes a wide range of proposals \nfor implementation. Its main orientation have been approved by the Council of \nMinisters at their meeting of 22-23 March 1990. We do not propose to repeat these proposals within this document, \nbut merely to underline the close link between that strategy and \nthe concepts presented In this Green Paper. The following \nadditional proposals Illustrate the link between waste management \nand the wider Issues of urban management. Suggested lines or action : \n\n1. The Commission should encourage city authorities to take \ninto greater consideration constraints linked to waste \nmanagement in drawing up short and medium-term plans for \nurban management: designated sites for collecting sorted \nhousehold waste and setting up treatment plants. - 52 -\n\n2. The Commission should encourage, by means of fInane I no \nresearch and projects aimed at making people aware of th\u00e9 \nImportance of sanitation; developing urban and architectural \ndesign that favours the sorting of waste at source, as well \nas sorted collection; finding new uses for urban waste, \nparticularly that resulting from construction. 3. The Commission should encourage the exchange of Information \nand experience In the field of sanitation, especially as \nregards \nthe \npopulation, legal Instruments and the recycling of urban \nwaste. technologies, sensitization of \n\ncleaning \n\n5. 9. Comparative \n\nInformation on the state of \n\nthe urban \n\nenvIronment. As discussed above, one of the difficulties in producing the \nanalysis section of this paper has been the absence of \nInformation of many subjects which permit an objective and \ncomparative analysis of the state of the urban environment. Improvements in comparative data are already being put in hand by \nprogrammes within the COR I NE project, particularly related to air \nquality data. It is anticipated that the programmes, which will \nbe taken over by the European Environment Agency, will improve \nknowledge In this area. Further Improvements will however be \nnecessary in other subject areas if the Commission is to have an \nadequate Information base for the further evolution of urban \nenvironment policy. Such information should be made available not \nonly to policy makers but also to Individual citizens. Suggested line of action : \n\nThat the Commission consider how it can improve the availability \nof comparative data on the state of the urban environment. This \ncould be achieved either by giving the new Environment Agency a \nspecific remit In this respect or by supporting the development \nof such data systems within a research Institute or university, \nor a network of such Institutions. 5. 10. Informations Initiatives \n\nThe urban environment Is primarily the concern of all those who \nlive and work In the cities and without whose participation no \nurban policy can succeed. These urban actors - Inhabitants, \nshopkeepers, \ncontribute to urban deterioration, but they also suffer Its \neffects and benefit from improvements. consumers, manufacturers, \n\ngroupings \n\ntrade \n\n\f- 53 -\n\nIn Implementing an urban environmental policy, It would be in the \nCommunity's interest to create structures to encourage dialogue, \nthinking and cooperation among the actors within \nshared \nIndividual \ncities and among the cities themselves. Such \nstructures would also serve to facilitate the exchange of \nInformation and opinion with the Community. Suggested lines of action : \n\nThe Commission should help the envisaged creation of a network \nfor urban local Initiative centres. These centres should be \norganized in cooperation with those public agencies that already \nexist to provide information and planning for the urban \nenvironment. A certain number of such centres are being planned \nthis year as pilot projects In various cities. The role of these \ncentres would be to : \n\n1. 2. 3. different \n\nInform \nthe \nCommunity's policies and measures and how these apply to the \nvarious factors that make up the urban reality, \n\nthe population \n\nsectors of \n\nof \n\nStimulate and facilitate dialogue, shared planning and \ncooperation among urban groups, with a view to improving the \nurban environment; \n\nFacilitate the exchange of information among the cities of \nthe problems they face and of their experience in dealing \nwith these problems. 5. 11. Social initiatives \n\nEfforts must be made to ensure that the least privileged sections \nof the population are not isolated In the most run-down areas of \ncities. Preventive social policies are possible in the context of \noperations to protect the physical environmental and should \ncomprise both social integration measures and job schemes, e. g. in connection with the restoration of subsidized housing. Suggested lines of action -. 1. 2. The Commission will support recruitment and vocational \ntraining schemes in keeping with environmental protection \nwhich create an economic and social development dynamic. The Commission will encourage technical assistance to pilot \nprojects and the transfer of know-how to involve the least \nprivileged \nthe \nenvironment. In the protection \n\ngroups \n\nsocial \n\nof \n\n\f- 54 -\n\n5. 12. Interregional co-operation \n\nThe Commission supports and co-finances a wide range of schemes \nfor Interregional co-operation and the development of networks. Cities are benefitting from actions which Involve close contacts \nwith regional and local authorities and their representative \nbodies - Assembly of European Regions, Council of European \nMunicipalities and Regions of Europe and International Union of \nLocal Authorities. A number of Initiatives have been lauched \nwhich Include for example co-financing of the POLIS project \n(related to Improved traffic management) under a group of cities \nknown as \"Eurocltles\" and a co-operation project involving 10 \nports in relation to action on marine pollution. Suggested line of action : \n\nThat the Commission should continue to support such actions and \nseek where appropriate to extend co-operation and the exchange of \ninformation between cities. 6. Resume of priority suggested lines of action \n\nThis section pulls together the suggestion lines of action for \nthe following key priority areas. Urban planning \n\nSuggested lines of action : \n\nauthorities, should \n\n1. That the Commission, in cooperation with Member States and \nthe \nlocal \nincorporation of environmental considerations into town \nplanning strategies - a detailed investigation and elaboration \nof the principles outlined above. Such guidelines will attempt \nto influence town planning practice and provide an important \ncomplement to the proposed directive of environmental \nassessment of policies, plans and programmes. evolve guidelines \n\nfor \n\n2. That further research Into the treatment of contaminated \nsoils, which so often hinder redevelopment of existing city \nsites, be encouraged. 3. That further financial assitance be given to pilot projects \naimed at revitalizing less favoured urban areas by Introducing \na greater mixture of uses and hence access to urban \nfacilities. At the same time, such actions should aim to \nprotect and assist existing residents In these areas. The \nCommission should also consider how It can extend this action \nbuilding on lessons learnt from these pilot projects. - 55 -\n\n4. The Community should consider the question of whether it \nwishes to extend financial support for urban renovation and \nenvironmental Improvement schemes beyond the types and areas \nof support permitted by the current structural funds and if \nso, how this could be achieved. Urban transport \n\nSuggested lines of action : \n\nThe Community should : \n\n1. 2. 3. 4. Encourage city authorities to incorporate decisions about \nthe coordinated future development of public transport and \nroad construction into their plans for land use and \ntransportation. The Commission should expect \nfuture \nsubmissions for structural fund assistance towards transport \ninfrastructure to demonstrate that such an analysis has been \ncarried out. Encourage Innovative approaches to the use of public \ntransport and the environmental management of urban traffic \nby contributing to the cost of pilot projects and monitoring \ntheir effects. Research programmes should attach high \npriority to environmental considerations and should include \ninnovative public transport, environmentally \nfriendly \nvehicles and advanced traffic management systems. This \nshould not lead to the encouragement of the greater use of \nurban areas for motor traffic. Encourage the Community-wide exchange of information in \nurban traffic management to maximize the benefits of a wide \nrange of experience. Consider in detail, possibly by financing pilot projects, \nthe potential for using economic instruments such as road \npricing to help solve the environmental problems generated \nby urban traffic. The protection and enhancement of the historical heritage of \nEuropean cities \n\nSuggested linos of action : \n\n1. 2. That the Community provides more substantial finance for the \nconservation of historical buildings and areas of European \nsignificance. That consideration be given to the potential benefits of a \nCommunity system of recognition of the historic and cultural \nsignificance of Individual buildings and parts of urban \nareas. - 56 -\n\nProtection and enhancement of the natural environment within our \ntowns and cities \n\nSuggested lines of action : \n\n1. 2. The Commission should consider a programme of pilot projects \nacross the Community to demonstrate the benefits of green \nplans and programmes of action. City authorities should be encouraged to review their \nprovision of public open spaces and seize oppportunitles \nwhere available to extend such provision. Urban Industry \n\nSuggested lines of action : \n\nThe Community should undertake measures to promote the growth of \nsmall and medium sized entreprises in a harmonious way within the \noverall fabric of the urban environment and should provide \nassistance, where appropriate, to enable them to comply fully \nwith regulations and good practice in considerations relating to \nthe environment. Urban energy management \n\nSuggested lines of action : \n\n1. That the Community continue and intensify its activit\u00e9s in \nurban energy management, seeking in particular to encourage \nand assist the cities in order to take steps towards urban \nenergy planning measures, to disseminate useful advice on \nappropriate means in this framework, e. g. on building design \nfor energy saving and further to demonstrate the benefits of \nvarious energy conservation techniques by pilot projects. 2. for \n\ninsulation \n\nWhile Community legislation on product norms defines \nbuilding \nstandards \nconstruction, there Is currently no Community legislation \nrequiring that specific standards be actually applied in new \nconstruction. While the Community has previously made \nrecommendations In this area, it may now be appropriate for \nthe Community to consider legislation. materials \n\nfor \n\n3. That the use of economic instruments to encourage energy \nconservation In buildings be the subject of a detailed \nreport and proposal. 4. That public authorities be encouraged to set a good example \nby the adoption of energy conservation measures in the \nbuildings they operate. - 57 -\n\nUrban waste \n\nSuggested lines or action \n\n1. The Commission should encourage city authorities to take \nInto greater consldration constraints linked to waste \nmanagement in drawing up short and medium-term plans for \nurban management: designated sites for collecting sorted \nhousehold waste and setting up treatment plants. The Commission should encourage, by means of financing, \nresearch and projects aimed at making people aware of the \nimportance of sanitation; developing urban and architectural \ndesign that favours the sorting of waste at source, as well \nas sorted collection; finding new uses for urban waste, \nparticularly that resulting from construction. 3. The Commission should encourage the exchange of information \nand experience in the field of sanitation, especially as \nregards cleaning \nthe \npopulation, legal instruments and the recycling of urban \nwaste. technologies, sensitization of \n\n7. The next steps \n\nThis document represents the first manifestation of the \nCommission's commitment to achieve real improvements in the \nquality of urban environment within the Community. The Commission \nis keen to see as wide as possible discussion of the ideas and \nsuggestions set out in the document. In addition to its discussion by the European Parliament, Council \nof Ministers and Economic and Social Committee, the document will \nbe sent to the Mayors of major towns in Europe and to \nprofessional and voluntary groups Interested in urban management \nissues for their comments. Following detailed study of the results of this consultation, the \nCommission will consider which of the suggested lines of action \nmerit further action and fall within the Community's competence \nand how this can be best achieved. The implementation of such proposals will ensure that there is \nco-operation with, but no duplication of the activities of other \nInternational organisations active in the field of urban \nenvironment, seeking, whenever possible, common action. * * * * * * * ** \n\n\f58 \n\nAPPENDIX I \n\nARTICLES OF TREATY COVERING ENVIRONMENT \n\nSubsection VI - Environment \n\nArticle 25 \n\nA Title VII shall be added to Part Three of the EEC Treaty, \nreading as fol lows : \n\nTITLE VII \nENVIRONMENT \n\nArticle 130 R \n\n1. Action by the Community relating to the environment shall \n\nhave the following objectives : \n\n(I) to preserve, protect and improve the quality of the \n\nenv i ronment; \n\nii) to contribute towards protecting human health; \n\niii) to ensure a prudent and rational utilization of natural \n\nresources. Action by the Community relating to the environment shall be \nbased on the principles that preventive action should be \ntaken, that environmental damage should as a priority by \nrectified at source, and that the polluter should pay. Environmental protection requirements shall be a component \nof the Community's other policies. 3. In preparing its action relating to the environment, the \nCommunity shall take account of : \n\nI) available scientific and technical data-, \n\nii) environmental conditions In the various regions of the \n\nCommunity; \n\niii) the potential benefits and costs of action or of lack of \n\nact ion; \n\n(iv) the economic and social development of the Community as a \n\nwhole and the balanced development of its regions. _ 59 _ \n\n4. The Community shall take action relating to the environment to \nthe extent to which the objectives referred to in paragraph 1 \ncan be attained better at Community level than at the level of \nthe Individual Member States. Without prejudice to certain \nmeasures of a Community nature, the Member States shall \nfinance and implement the other measures. the \n\n5. Within their respective spheres of competence, the Community \nand the Member States shall cooperate with third countries and \nwith \norganizations. The \narrangements for Community cooperation may be the subject of \nagreements between the Community and the third parties \nconcerned, which shall be negotiated and concluded in \naccordance with Article 228. International \n\nrelevant \n\nThe previous paragraph shall be without prejudice to Member \nStates' competence to negotiate in international bodies and to \nconclude international agreements. Article 130 S \n\nThe Council, acting unanimously on a proposal from the Commission \nand after consulting the European Parliament and the Economic and \nSocial Committee, shall decide what action is to be taken by the \nCommunity. The Council shall, under the conditions laid down in the \npreceding subparagraph, define those matters on which decisions \nare to be taken by a qualified majority. Article 130 T \n\nThe protective measures adopted in common pursuant to Articfe \n130 S shall not prevent any Member State from maintaining or \nintroducing more stringent protective measures compatible with \nthis Treaty. ISSN 0254-1475 \n\nCOM(90) 218 final \n\nDOCUMENTS \n\nEN \n\nis \n\nCatalogue number : CB-CO-90-276-EN-C \nISBN 92-77-61187-1 \n\nPRICE \n\n1-30 pages: 3. 50 ECU \n\nper additional 10 pages: J. 25 ECU \n\nOffice for Official Publications of the European Communities \nL-2985 Luxembourg"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/85315e16-164b-4cf9-a00b-351de69389fe", "title": "Written Question No. 1549/90 by Mr Antoni Guti\u00e9rrez D\u00edaz to the Council of the European Communities. Accreditation to the European Communities of Francisco Paesa Sanchez", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,GUTIERREZ DIAZ", "date": "1990-06-27", "subjects": "European Community,Spain,diplomatic representation,terrorism", "workIds": "celex:91990E001549", "eurovoc_concepts": ["European Community", "Spain", "diplomatic representation", "terrorism"], "url": "http://publications.europa.eu/resource/cellar/85315e16-164b-4cf9-a00b-351de69389fe", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/bbc2c3cf-08d3-41c1-a20b-fe9a3dd94652", "title": "Council Directive 90/428/EEC of 26 June 1990 on trade in equidae intended for competitions and laying down the conditions for participation therein", "langIdentifier": "ENG", "mtypes": "fmx4,html,pdfa1b,print,xhtml", "workTypes": "http://publications.europa.eu/ontology/cdm#directive,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1990-06-26", "subjects": "EU sponsorship,equidae,intra-EU trade,sporting event", "workIds": "celex:31990L0428,oj:JOL_1990_224_R_0060_018", "eurovoc_concepts": ["EU sponsorship", "equidae", "intra-EU trade", "sporting event"], "url": "http://publications.europa.eu/resource/cellar/bbc2c3cf-08d3-41c1-a20b-fe9a3dd94652", "lang": "eng", "formats": ["fmx4", "html", "pdfa1b", "print", "xhtml"], "text": "L_1990224EN. 01006001. xml\n\n\n\n\n\n\n\n\n\n\n18. 8. 1990\u00a0\u00a0\u00a0\n\n\nEN\n\n\nOfficial Journal of the European Communities\n\n\nL 224/60\n\n\n\n\n\nCOUNCIL DIRECTIVE\nof 26 June 1990\non trade in equidae intended for competitions and laying down the conditions for participation therein\n(90/428/CEE)\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES,\nHaving regard to the Treaty establishing the European Economic Community, and in particular Articles 42 and 43 thereof,\nHaving regard to the proposal from the Commission\u00a0(1),\nHaving regard to the opinion of the European Parliament\u00a0(2),\nHaving regard to the opinion of the Economic and Social Committee\u00a0(3),\nWhereas equidae, being live animals, are included in the list of products in Annex II to the Treaty;\nWhereas in order to ensure the rational development of equidae production, thereby increasing productivity in the sector, rules governing intra-Community trade in equidae intended for competitions must be laid down at Community level;\nWhereas the breeding and rearing of equidae and in particular of horses is generally included in the farming sector; whereas it constitutes a source of income for part of the farming population;\nWhereas there are disparities in the Community as regards the rules for access to competitions; whereas those disparities constitute a barrier to intra-Community trade;\nWhereas trade in equidae intended for competitions and participation in such competitions may be jeopardized by disparities existing in the rules concerning the allocation of a percentage of the prize money or profits for the safeguard, development and improvement of breeding in the Member States; whereas introducing free access to the competitions presupposes harmonization of these rules;\nWhereas, pending such harmonization, in order, in particular, to maintain or increase productivity in that sector, Member States should be authorized to reserve a percentage of prize money or profits for the safeguard, development and improvement of their breeding activities; whereas, however, a ceiling should be fixed for that percentage;\nWhereas it is advisable to adopt implementing measures regarding certain technical aspects; whereas, for the purposes of the planned measures, provision should be made for close and effective cooperation between Member States and the Commission within the Standing Committee on Zootechnics,\nHAS ADOPTED THIS DIRECTIVE:\nArticle 1\nThis Directive lays down the conditions governing trade in equidae intended for competitions and the conditions governing their participation therein. Article 2\nFor the purposes of this Directive, the definitions set out in Article 2 of Council Directive 90/427/EEC of 26 June 1990 on the zootechnical and genealogical conditions governing intra-Community trade in equidae\u00a0(4) shall apply. Furthermore, \u2018competition\u2019 means any equestrian competition, including horse racing, show-jumping, eventing, dressage, events reserved for horse-drawn vehicles and showing classes. Article 3\n1. The rules of competitions may not discriminate between equidae which are registered in the Member State in which the competition is being held and equidae registered in another Member State. 2. The rules of competitions may not discriminate between equidae originating in the Member State in which the competition is being held and equidae originating in another Member State. Article 4\n1. The obligations set out in Article 3 shall apply in particular to:\n\n\n\n\n\n\n(a)\n\n\nthe requirements for entering the competition, in particular the minimum or maximum requirements;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe judging of the competition;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nthe prize money or profits which may accrue from the competition. 2. However,\n\n\n\n\n\n\n\u2014\n\n\nthe obligations referred to in Article 3 shall not affect the organization of:\n\n\n\n\n\n\n(a)\n\n\ncompetitions reserved for equidae registered in a specific studbook for the purpose of permitting the improvement of the breed;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nregional competitions with a view to selecting equidae;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nhistoric or traditional events. Member States intending to avail themselves of these possibilities shall inform the Commission thereof beforehand in general terms. \u2014\n\n\n\nfor each competition or type of competition Member States shall be authorized to reserve, through the bodies officially approved or recognized for that purpose, a certain percentage of the prize money or profits referred to in paragraph 1 (c) for the safeguard, development and improvement of breeding. The percentage may not exceed 30 % in 1991, 25 % in 1992 and 20 % from 1993. The criteria for the distribution of these funds in the Member State concerned shall be communicated to the Commission and the other Member States within the Standing Committee on Zootechnics. Before 31 December 1992 the Council shall re-examine the conditions for the application of these provisions on the basis of a Commission report that takes account of the progress made in harmonization in connection with all problems posed by the conditions for the breeding of competition horses, together with appropriate proposals on which the Council shall act by a qualified majority. 3. The general rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 6. Article 5\n1. Until relevant decisions are adopted pursuant to Article 4 of Directive 90/427/EEC, the grounds on which an animal registered in a Member State is refused entry to a competition must be communicated in writing to the owner or his authorized representative. 2. In the circumstances described in paragraph 1, the owner or his authorized representative is entitled to obtain an expert opinion in accordance with the conditions laid down in Article 8 (2) of Directive 89/662/EE\u00a0(5), which shall apply mutatis mutandis. 3. The Commission shall, in accordance with the procedure laid down in Article 6, adopt rules for the application of this Article. Article 6\nWhere the procedure laid down in this Article is to be used, the Standing Committee on Zootechnics, set up by Decision 77/505/EEC\u00a0(6), shall act in accordance with the rules set out in Article 11 of Directive 88/661/EEC\u00a0(7). Article 7\nMember States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 July 1991. They shall forthwith inform the Commission thereof. Article 8\nThis Directive is addressed to the Member States. Done at Luxembourg, 26 June 1990. For the Council\n\n\nThe President\n\nM. O'KENNEDY\n\n\n\n\n(1)\u00a0\u00a0OJ No C 327, 30. 12. 1989, p. 61. (2)\u00a0\u00a0OJ No C 149, 18. 6. 1990. (3)\u00a0\u00a0OJ No C 62, 12. 3. 1990, p. 46. (4)\u00a0\u00a0See page 55 of this Official Journal. (5)\u00a0\u00a0OJ No L 395, 30. 12. 1989, p. 13. (6)\u00a0\u00a0OJ No L 206, 12. 8. 1988, p. 11. (7)\u00a0\u00a0OJ No L 382, 31. 12. 1988, p. 36"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/ed4dbe72-4ff8-4c09-88b7-09ee1c9d00a8", "title": "Commission Regulation (EEC) No 1736/90 of 26 June 1990 opening an invitation to tender for the free supply of olive oil to Poland", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1990-06-26", "subjects": "Poland,award of contract,delivery,emergency aid,olive oil", "workIds": "celex:31990R1736,oj:JOL_1990_161_R_0021_032", "eurovoc_concepts": ["Poland", "award of contract", "delivery", "emergency aid", "olive oil"], "url": "http://publications.europa.eu/resource/cellar/ed4dbe72-4ff8-4c09-88b7-09ee1c9d00a8", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/ab8624bc-b6de-43f3-9a99-83fc83c8d85f", "title": "Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra- Community trade in certain live animals and products with a view to the completion of the internal market", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#directive,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1990-06-26", "subjects": "animal disease,animal product,intra-EU trade,live animal,veterinary inspection", "workIds": "celex:31990L0425,oj:JOL_1990_224_R_0029_015", "eurovoc_concepts": ["animal disease", "animal product", "intra-EU trade", "live animal", "veterinary inspection"], "url": "http://publications.europa.eu/resource/cellar/ab8624bc-b6de-43f3-9a99-83fc83c8d85f", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/9cdf68e6-25db-4c80-b5e7-d7f6d8451c73", "title": "90/363/EEC: Commission Decision of 26 June 1990 relating to a proceeding pursuant to Article 86 of the EEC-Treaty (IV/32.846 - Metaleurop SA) (Only the German and French texts are authentic)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1990-06-26", "subjects": "France,German Democratic Republic,competition policy,economic concentration,iron and steel industry,merger", "workIds": "celex:31990D0363,oj:JOL_1990_179_R_0041_049", "eurovoc_concepts": ["France", "German Democratic Republic", "competition policy", "economic concentration", "iron and steel industry", "merger"], "url": "http://publications.europa.eu/resource/cellar/9cdf68e6-25db-4c80-b5e7-d7f6d8451c73", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/3448ede7-03ae-4a49-ac34-def05c07cb1d", "title": "Council Regulation (EEC) No 1907/90 of 26 June 1990 on certain marketing standards for eggs", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1990-06-26", "subjects": "egg,marketing standard", "workIds": "celex:31990R1907,oj:JOL_1990_173_R_0005_025", "eurovoc_concepts": ["egg", "marketing standard"], "url": "http://publications.europa.eu/resource/cellar/3448ede7-03ae-4a49-ac34-def05c07cb1d", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/b14613dc-9942-42dd-9864-c3c4494c2e69", "title": "Convention relating to temporary admission (Istanbul Convention)", "langIdentifier": "ENG", "mtypes": "fmx4,html,print,xhtml", "workTypes": "http://publications.europa.eu/ontology/cdm#agreement_international,http://publications.europa.eu/ontology/cdm#agreement_non-member-states,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Algeria,Belgium,Czechia,Denmark,European Economic Community,France,Germany,Ghana,Hungary,Ireland,Israel,Italy,Luxembourg,Morocco,Netherlands,Niger,Nigeria,Pakistan,Portugal,Spain,Sudan,Switzerland,T\u00fcrkiye,United Kingdom,Zimbabwe", "date": "1990-06-26", "subjects": "customs document,customs formalities,customs union,international convention,re-export,temporary admission", "workIds": "celex:21993A0527(01)", "eurovoc_concepts": ["customs document", "customs formalities", "customs union", "international convention", "re-export", "temporary admission"], "url": "http://publications.europa.eu/resource/cellar/b14613dc-9942-42dd-9864-c3c4494c2e69", "lang": "eng", "formats": ["fmx4", "html", "print", "xhtml"], "text": "L_1993130EN. 01000401. xml\n\n\n\n\n\n\n\n\n\n\n27. 5. 1993\u00a0\u00a0\u00a0\n\n\nEN XM XM\n\n\nOfficial Journal of the European Communities\n\n\nL 130/4\n\n\n\n\n\nCONVENTION RELATING TO TEMPORARY ADMISSION\nPREAMBLE\nTHE CONTRACTING PARTIES to this Convention, established under the auspices of the Customs Cooperation Council,\nNOTING that the present situation regarding the proliferation and dispersed nature of international customs conventions on temporary admission is unsatisfactory,\nCONSIDERING that the situation could worsen in the future when new categories of temporary admission need to be regulated internationally,\nHAVING REGARD to the wishes of trade representatives and other interested parties, to the effect that the accomplishment of temporary admission formalities be facilitated,\nCONSIDERING that the simplification and harmonization of customs procedures and, in particular, the adoption of a single international instrument combining all existing conventions on temporary admission can facilitate access to international provisions governing temporary admission and effectively contribute to the development of international trade and of other international exchanges,\nCONVINCED that an international instrument proposing uniform provisions in respect of temporary admission can bring substantial benefits for international exchanges and ensure a high degree of simplification and harmonization of customs procedures, which is one of the essential aims of the Customs Cooperation Council,\nRESOLVED to facilitate temporary admission by simplifying and harmonizing procedures, in pursuit of economic, humanitarian, cultural, social or touring objectives,\nCONSIDERING that the adoption of standardized model temporary admission papers as international customs documents with international security contributes to facilitating the temporary admission procedure where a customs document and security are required,\nHAVE AGREED as follows:\nCHAPTER I\n\nGENERAL PROVISIONS\n\n\nDefinitions\n\nArticle 1\nFor the purposes of this Convention:\n\n\n\n\n\n\n(a)\n\n\n\ntemporary admission means:\nthe customs procedure under which certain goods (including means of transport) can be brought into a customs territory conditionally relieved from payment of import duties and taxes and without application of import prohibitions or restrictions of economic character; such goods (including means of transport) must be imported for a specific purpose and must be intended for re-exportation within a specified period and without having undergone any change except normal depreciation due to the use made of them;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\n\nimport duties and taxes means:\ncustoms duties and all other duties, taxes, fees or other charges which are collected on or in connection with the importation of goods (including means of transport), but not including fees and charges which are limited in amount to the approximate cost of services rendered;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\n\nsecurity means:\nthat which ensures to the satisfaction of the customs that an obligation to the customs will be fulfilled. Security is described as \u2018general\u2019 when it ensures that the obligations arising from several operations will be fulfilled;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\n\ntemporary admission papers means:\nthe international customs document accepted as a customs declaration which makes it possible to identify goods (including means of transport) and which incorporates an internationally valid guarantee to cover import duties and taxes;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\n\ncustoms or economic union means:\na union constituted by, and composed of Members, as referred to in Article 24 (1), of this Convention, which has competence to adopt its own legislation that is binding on its Members, in respect of matters governed by this Convention, and has competence to decide, in accordance with its internal procedures, to sign, ratify or accede to this Convention;\n\n\n\n\n\n\n\n\n\n\n(f)\n\n\n\nperson means:\nboth natural and legal persons, unless the context otherwise requires;\n\n\n\n\n\n\n\n\n\n\n(g)\n\n\n\nthe Council means:\nthe organization set up by the Convention establishing a Customs Cooperation Council, Brussels, 15 December 1950;\n\n\n\n\n\n\n\n\n\n\n(h)\n\n\n\nratification means:\nratification, acceptance or approval. CHAPTER II\n\nScope of the Convention\n\nArticle 2\n1. Each Contracting Party undertakes to grant temporary admission, in accordance with the provisions of this Convention, to the goods (including means of transport) specified in the Annexes to this Convention. 2. Without prejudice to the provisions of Annex E, temporary admission shall be granted with total conditional relief from import duties and taxes and without application of import restrictions or prohibitions of economic character. Structure of the Annexes\n\nArticle 3\nEach Annex to this Convention consists, in principle, of:\n\n\n\n\n\n\n(a)\n\n\ndefinitions of the main customs terms used in the Annex;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nspecial provisions applicable to the goods (including means of transport) which form the subject of the Annex. CHAPTER III\n\nSPECIAL PROVISIONS\n\n\nDocument and security\n\nArticle 4\n1. Unless otherwise provided for in an Annex, each Contracting Party shall have the right to make the temporary admission of goods (including means of transport) subject to the production of a customs document and provision of security. 2. Where (pursuant to paragraph 1) security is required, persons who regularly use the temporary admission procedure may be authorized to provide general security. 3. Unless otherwise provided for in an Annex, the amount of security shall not exceed the amount of the import duties and taxes from which the goods (including means of transport) are conditionally relieved. 4. For goods (including means of transport) subject to import prohibitions or restrictions under national legislation, an additional security may be required under the provisions laid down in national legislation. Temporary admission papers\n\nArticle 5\nWithout prejudice to temporary admission operations under the provisions of Annex E, each Contracting Party shall accept, in lieu of its national customs documents and as due security for the sums referred to in Article 8 of Annex A, temporary admission papers valid for its territory and issued and used in accordance with the conditions laid down in that Annex for goods (including means of transport) temporarily imported under the other Annexes to this Convention which it has accepted. Identification\n\nArticle 6\nEach Contracting Party may make the temporary admission of goods (including means of transport) subject to the condition that they be identifiable when temporary admission is terminated. Period for re-exportation\n\nArticle 7\n1. Goods (including means of transport) granted temporary admission shall be re-exported within a given period considered sufficient to achieve the object of temporary admission. Such a period is laid down separately in each Annex. 2. The customs authorities may either grant a longer period than that provided for in each Annex, or extend the initial period. 3. When the goods (including means of transport) granted temporary admission cannot be re-exported as a result of a seizure other than a seizure made at the suit of private persons, the requirement of re-exportation shall be suspended for the duration of the seizure. Transfer of temporary admission\n\nArticle 8\nEach Contracting Party may, on request, authorize the transfer of the benefit of the temporary admission procedure to any other person, provided that such other person:\n\n\n\n\n\n\n(a)\n\n\nsatisfies the conditions laid down in this Convention; and\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\naccepts the obligations of the first beneficiary of the temporary admission procedure. Termination of temporary admission\n\nArticle 9\nTemporary admission is normally terminated by re-exportation of the goods (including means of transport) granted temporary admission. Article 10\nTemporarily admitted goods (including means of transport) may be re-exported in one or more consignments. Article 11\nTemporarily admitted goods (including means of transport) may be re-exported through a customs office other than that through which they were imported. Other possible cases of termination\n\nArticle 12\nTemporary admission may be terminated with the agreement of the competent authorities, by placing the goods (including means of transport) in a free port or free zone, in a customs warehouse or under a customs transit procedure with a view to their subsequent exportation or other authorized disposal. Article 13\nTemporary admission may be terminated by clearance for home use, when circumstances justify and national legislation so permits, subject to compliance with the conditions and formalities applicable in such case. Article 14\n1. Temporary admission may be terminated where goods (including means of transport) have been seriously damaged by accident or force majeure and are, as the customs authorities may decide:\n\n\n\n\n\n\n(a)\n\n\nsubjected to the import duties and taxes to which they are liable at the time when they are presented to the customs in their damaged condition for the purpose of terminating temporary admission;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nabandoned, free of all expense, to the competent authorities of the territory of temporary admission, in which case the person benefiting from temporary admission shall be free of payment of import duties and taxes; or\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\ndestroyed, under official supervision, at the expense of the parties concerned any parts or materials salvaged being subjected, if cleared for home use, to the import duties and taxes to which they are liable at the time when, and in the condition in which they are presented to the customs after accident or force majeure. 2. Temporary admission may also be terminated where, at the request of the person concerned, the goods (including means of transport) are disposed of in one of the ways provided for in paragraph 1 (b) or (c), as the customs authorities may decide. 3. Temporary admission may also be terminated at the request of the person concerned where that person satisfies the customs authorities of the destruction or total loss of the goods (including means of transport) by accident or force majeure. In that case, the person benefiting from temporary admission shall be free of payment of import duties and taxes. CHAPTER IV\n\nMISCELLANEOUS PROVISIONS\n\n\nReduction of formalities\n\nArticle 15\nEach Contracting Party shall reduce to a minimum the customs formalities required in connection with the facilities provided for in this Convention. All regulations concerning such formalities shall be promptly published. Prior authorization\n\nArticle 16\n1. When temporary admission is subject to prior authorization, this shall be granted by the competent customs office as soon as possible. 2. When, in exceptional cases, non-customs authorization is required, this shall be granted as soon as possible. Minimum facilities\n\nArticle 17\nThe provisions of this Convention set out the minimum facilities to be accorded. They do not prevent the application of greater facilities which Contracting Parties grant or may grant in future by unilateral provisions or by virtue of bilateral or multilateral agreements. Customs or economic unions\n\nArticle 18\n1. For the purpose of this Convention, the territories of Contracting Parties which form a customs or economic union may be taken to be a single territory. 2. Nothing in this Convention shall prevent Contracting Parties which form a customs or economic union from enacting special provisions applicable to temporary admission operations in the territory of that union, provided those provisions do not reduce the facilities provided for by this Convention. Prohibitions and restrictions\n\nArticle 19\nThe provisions of this Convention shall not preclude the application of prohibitions or restrictions imposed under national laws and regulations on the basis of non-economic considerations such as considerations of public morality or order, public security and public hygiene or health, veterinary or phytosanitary considerations, considerations relating to the protection of endangered species of wild fauna and flora, or considerations relating to the protection of copyright and industrial property. Offences\n\nArticle 20\n1. Any breach of the provisions of this Convention shall render the offender liable in the territory of the Contracting Party where the offence was committed to the penalties prescribed by the legislation of that Contracting Party. 2. When it is not possible to establish in which territory an irregularity occurred, it shall be deemed to have been committed in the territory of the Contracting Party where it is detected. Exchange of information\n\nArticle 21\nThe Contracting Parties shall communicate to one another, on request and to the extent allowed by national legislation, information necessary for implementing the provisions of this Convention. CHAPTER V\n\nFINAL PROVISIONS\n\n\nAdministrative Committee\n\nArticle 22\n1. There shall be established an administrative committee to consider the implementation of this Convention, any measures to secure uniformity in the interpretation and application thereof, and any amendments proposed thereto. The administrative committee shall decide upon the incorporation of new annexes to this Convention. 2. The Contracting Parties shall be members of the administrative committee. The committee may decide that the competent administration of any Member, State or customs territory referred to in Article 24 of this Convention which are not Contracting Parties, or representatives of international organizations may, for questions which interest them, attend the sessions of the committee as observers. 3. The Council shall provide the committee with secretariat services. 4. The committee shall, on the occasion of every session, elect a chairman and a vice-chairman. 5. The competent administrations of the Contracting Parties shall communicate to the Council proposals for amendments to this Convention and the reasons therefore, together with any requests for the inclusion of items on the agenda of the sessions of the committee. The Council shall bring them to the attention of the competent administrations of the Contracting Parties and of the Members, States or customs territories referred to in Article 24 of this Convention which are not Contracting Parties. 6. The Council shall convene the committee at a time fixed by the committee and also at the request of the competent administrations of at least two Contracting Parties. It shall circulate the draft agenda to the competent administrations of the Contracting Parties and of the Members, States or customs territories referred to in Article 24 of this Convention which are not Contracting Parties, at least six weeks before the committee meets. 7. On the decision of the committee, taken by virtue of the provisions of paragraph 2 of this Article, the Council shall invite the competent administrations of the Members, States or customs territories referred to in Article 24 of this Convention which are not Contracting Parties and the international organizations concerned to be represented by observers at the sessions of the committee. 8. Proposals shall be put to the vote. Each Contracting Party represented at the meeting shall have one vote. Proposals other than proposals for amendments to this Convention shall be adopted by the committee by a majority of those present and voting. Proposals for amendments to this Convention shall be adopted by a two-thirds majority of those present and voting. 9. Where Article 24 of this Convention applies, the customs or economic unions Parties to this Convention shall have, in case of voting, only a number of votes equal to the total votes allotted to their Members which are Contracting Parties to this Convention. 10. Before the closure of its session, the committee shall adopt a report. 11. In the absence of relevant provisions in this Article, the Rules of Procedure of the Council shall be applicable unless the committee decides otherwise. Settlement of disputes\n\nArticle 23\n1. Any dispute between two or more Contracting Parties concerning the interpretation or application of this Convention shall so far as possible be settled by negotiation between them. 2. Any dispute which is not settled by negotiation shall be referred by the Contracting Parties in dispute to the administrative committee which shall thereupon consider the dispute and make recommendations for its settlement. 3. The Contracting Parties in dispute may agree in advance to accept the recommendations of the administrative committee as binding. Signature, ratification and accession\n\nArticle 24\n1. Any Member of the Council and any Member of the United Nations or its specialized agencies may become a Contracting Party to this Convention:\n\n\n\n\n\n\n(a)\n\n\nby signing it without reservation of ratification;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nby depositing an instrument of ratification after signing it subject to ratification; or\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nby acceding to it. 2. This Convention shall be open for signature by the Members referred to in paragraph 1 of this Article, either at the Council sessions at which it is adopted, or, thereafter at the headquarters of the Council in Brussels until 30 June 1991. After that date, it shall be open for accession by such Members. 3. Any State, or government of any separate customs territory which is proposed by a Contracting Party having responsibility for the formal conduct of its diplomatic relations but which is autonomous in the conduct of its commercial relations, not being a Member of the organizations referred to in paragraph 1 of this Article, to which an invitation to that effect has been addressed by the depositary at the request of the administrative committee, may become a Contracting Party to this Convention by acceding thereto after its entry into force. 4. Any Member, State or customs territory referred to in paragraph 1 or 3 of this Article shall at the time of signing without reservation of ratification, ratifying or acceding to this Convention specify the Annexes it accepts, it being necessary to accept Annex A and at least one other Annex. It may subsequently notify the depositary that it accepts one or more further Annexes. 5. Contracting Parties accepting any new Annex which the administrative committee decides to incorporate in this Convention shall notify the depositary in accordance with paragraph 4 of this Article. 6. Contracting Parties shall communicate to the depositary the conditions of application of or the information required pursuant to Articles 8 and 24 (7) of this Convention; Annex A, Article 2 (2) and (3); Annex E, Article 4. They shall also communicate any changes in the application of those provisions. 7. Any customs or economic union may become, in accordance with paragraphs 1, 2 and 4 of this Article, a Contracting Party to this Convention. Such customs or economic union shall inform the depositary of its competence with respect to the matters governed by this Convention. The customs or economic union which is a Contracting Party to this Convention shall, for the matters within its competence, exercise in its own name the rights, and fulfil the responsibilities, which this Convention confers on its Members which are Contracting Parties to this Convention. In such case, these Members shall not be entitled to individually exercise these rights, including the right to vote. Depositary\n\nArticle 25\n1. This Convention, all signatures with or without reservation of ratification and all instruments of ratification or accession shall be deposited with the Secretary-General of the Council. 2. The depositary shall:\n\n\n\n\n\n\n(a)\n\n\nreceive and keep custody of the original texts of this Convention;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nprepare certified copies of the original texts of this Convention and transmit them to the Members and the customs or economic unions referred to in Article 24 (1) and (7) of this Convention;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nreceive any signature with or without reservation of ratification, ratification or accession to this Convention and receive and keep custody of any instruments, notifications and communications relating to it;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nexamine whether the signature or any instrument, notification or communication relating to this Convention is in due and proper form and, if need be, bring the matter to the attention of the Contracting Party in question;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nnotify the Contracting Parties to this Convention, the other signatories, those Members of the Council that are not Contracting Parties to this Convention, and the Secretary-General of the United Nations of:\n\n\n\n\n\n\n\u2014\n\n\nsignatures, ratifications, accessions and acceptances of Annexes pursuant to Article 24 of this Convention,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nnew Annexes which the administrative committee decides to incorporate in this Convention,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nthe date of entry into force of this Convention and of each of the Annexes in accordance with Article 26 of this Convention,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nnotifications received in accordance with Articles 24, 29, 30 and 32 of this Convention,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\ndenunciations pursuant to Article 31 of this Convention,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nany amendment deemed to have been accepted in accordance with Article 32 of this Convention and the date of its entry into force, as well as of any objection to a proposed amendment. 3. In the event of any difference appearing between a Contracting Party and the depositary as to the performance of the latter's functions, the depositary or that Contracting Party shall bring the question to the attention of the other Contracting Parties and the signatories or, where appropriate, to the Council. Entry into force\n\nArticle 26\n1. This Convention shall enter into force three months after five of the Members or customs or economic unions referred to in Article 24 (1) and (7), of this Convention have signed this Convention without reservation of ratification or have deposited their instruments of ratification or accession. 2. For any Contracting Party signing without reservation of ratification, ratifying or acceding to this Convention after five Members or customs or economic unions have signed it without reservation of ratification or have deposited their instruments of ratification or accession, this Convention shall enter into force three months after the said Contracting Party has signed without reservation of ratification or deposited its instrument of ratification or accession. 3. Any Annex to this Convention shall enter into force three months after five Members or customs or economic unions have accepted that Annex. 4. For any Contracting Party which accepts an Annex after five Members or customs or economic unions have accepted it, that Annex shall enter into force three months after the said Contracting Party has notified its acceptance. No Annex shall, however, enter into force for a Contracting Party before this Convention has entered into force for that Contracting Party. Rescinding provision\n\nArticle 27\nUpon the entry into force of an Annex to this Convention containing a rescinding provision, that Annex shall terminate and replace the conventions or the provisions of the conventions which are the subject of the rescinding provision, in relations between the Contracting Parties which have accepted that Annex and are Contracting Parties to such conventions. Convention and Annexes\n\nArticle 28\n1. For the purposes of this Convention, any Annexes to which a Contracting Party is bound shall be construed to be an integral part of this Convention, and in relation to that Contracting Party any reference to this Convention shall be deemed to include a reference to such Annexes. 2. For the purposes of voting in the administrative committee, each Annex shall be taken to be a separate Convention. Reservations\n\nArticle 29\n1. Any Contracting Party which accepts an Annex shall be deemed to accept all the provisions therein, unless at the time of accepting the Annex or any time thereafter it notifies the depositary of the provisions in respect of which it enters reservations, in so far as this possibility is provided for in the Annex concerned, stating the differences existing between the provisions of its national legislation and the provisions concerned. 2. Each Contracting Party shall at least once every five years review the provisions in respect of which it has entered reservations, compare them with the provisions of its national legislation and notify the depositary of the results of that review. 3. Any Contracting Party which has entered reservations may withdraw them, in whole or in part, at any time, by notification to the depositary specifying the date on which such withdrawal takes effect. Territorial extension\n\nArticle 30\n1. Any Contracting Party may, at the time of signing this Convention without reservation of ratification or of depositing its instrument of ratification or accession, or at any time thereafter, declare by notification given to the depositary that this Convention shall extend to all or any of the territories for whose international relations it is responsible. Such notification shall take effect three months after the date of the receipt thereof by the depositary. However, this Convention shall not apply to the territories named in the notification before this Convention has entered into force for the Contracting Party concerned. 2. Any Contracting Party which has made a notification pursuant to paragraph 1 of this Article extending this Convention to any territory for whose international relations it is responsible may notify the depositary, pursuant to the procedure of Article 31 of this Convention, that the territory in question will no longer apply this Convention. Denunciation\n\nArticle 31\n1. This Convention is of unlimited duration but any Contracting Party may denounce it at any time after the date of its entry into force pursuant to Article 26 of this Convention. 2. The denunciation shall be notified by an instrument in writing, deposited with the depositary. 3. The denunciation shall take effect six months after the receipt of the instrument of denunciation by the depositary. 4. The provisions of paragraphs 2 and 3 of this Article shall also apply in respect of the Annexes to this Convention, any Contracting Party being entitled, at any time after the date of their entry into force pursuant to Article 26 of this Convention, to withdraw its acceptance of one or more Annexes. Any Contracting Party which withdraws its acceptance of all the Annexes shall be deemed to have denounced this Convention. Furthermore, a Contracting Party which withdraws its acceptance of Annex A, even though it continues to accept other Annexes, shall be deemed to have denounced this Convention. Amendment procedure\n\nArticle 32\n1. The administrative committee, meeting in accordance with Article 22 of this Convention, may recommend amendments to this Convention and its Annexes. 2. The text of any amendment so recommended shall be communicated by the depositary to all Contracting Parties to this Convention, to the other signatories and to those Members of the Council that are not Contracting Parties to this Convention. 3. Any recommended amendment communicated in accordance with the preceding paragraph shall enter into force in respect of all Contracting Parties six months after the expiry of a period of 12 months following the date of communication of the recommended amendment if no objection to the recommended amendment has been notified during that period to the depositary by a Contracting Party. 4. If an objection to the recommended amendment has been notified to the depositary by a Contracting Party before the expiry of the period of 12 months specified in paragraph 3 of this Article, the amendment shall be deemed not to have been accepted and shall have no effect whatsoever. 5. For the purposes of notifying an objection, each Annex shall be taken to be a separate Convention. Acceptance of amendments\n\nArticle 33\n1. Any Contracting Party which ratifies this Convention or accedes thereto shall be deemed to have accepted any amendments thereto which have entered into force at the date of deposit of its instrument of ratification or accession. 2. Any Contracting Party which accepts an Annex shall be deemed, unless it enters reservations pursuant to Article 29 of this Convention, to have accepted any amendments to that Annex which have entered into force at the date on which it notifies its acceptance to the depositary. Registration and authentic texts\n\nArticle 34\nIn accordance with Article 102 of the Charter of the United Nations, this Convention shall be registered with the Secretariat of the United Nations, at the request of the depositary. In witness thereof the undersigned, being duly authorized thereto, have signed this Convention. Done at Istanbul this twenty-sixth day of June nineteen hundred and ninety, in a single original, in the English and French languages, both texts being equally authentic. The depositary is requested to prepare and circulate authoritative translations of this Convention in the Arabic, Chinese, Russian and Spanish languages. ANNEX A\nANNEX CONCERNING TEMPORARY ADMISSION PAPERS\n(ATA CARNETS AND CPD CARNETS)\nCHAPTER I\n\nDefinitions\n\nArticle 1\nFor the purposes of this Annex:\n\n\n\n\n\n\n(a)\n\n\n\ntemporary admission papers means:\nthe international customs document accepted as a customs declaration which makes it possible to identify goods (including means of transport) and which incorporates an internationally valid guarantee to cover import duties and taxes;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\n\nATA carnet means:\nthe temporary admission papers used for the temporary admission of goods, excluding means of transport;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\n\nCPD carnet means:\nthe temporary admission papers used for the temporary admission of means of transport;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\n\nguaranteeing chain means:\na guaranteeing scheme administered by an international organization to which guaranteeing associations are affiliated;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\n\ninternational organization means:\nan organization to which national associations authorized to guarantee and issue temporary admission papers are affiliated;\n\n\n\n\n\n\n\n\n\n\n(f)\n\n\n\nguaranteeing association means:\nan association approved by the customs authorities of a Contracting Party to guarantee the sums referred to in Article 8 of the present Annex, in the territory of that Contracting Party, and affiliated to a guaranteeing chain;\n\n\n\n\n\n\n\n\n\n\n(g)\n\n\n\nissuing association means:\nan association approved by the customs authorities to issue temporary admission papers and affiliated directly or indirectly to a guaranteeing chain;\n\n\n\n\n\n\n\n\n\n\n(h)\n\n\n\ncorresponding issuing association means:\nan issuing association established in another Contracting Party and affiliated to the same guaranteeing chain;\n\n\n\n\n\n\n\n\n\n\n(i)\n\n\n\ncustoms transit means:\nthe customs procedure under which goods are transported under customs control from one customs office to another. CHAPTER II\n\nScope\n\nArticle 2\n1. In accordance with Article 5 of this Convention, each Contracting Party shall accept in lieu of its national customs documents, and as due security for the sums referred to in Article 8 of this Annex, temporary admission papers valid for its territory and issued and used in accordance with the conditions laid down in this Annex for goods (including means of transport), temporarily imported under the other Annexes to the present Convention which it has accepted. 2. Each Contracting Party may also accept temporary admission papers, issued and used under the same conditions, for temporary admission operations under its national laws and regulations. 3. Each Contracting Party may accept temporary admission papers, issued and used under the same conditions, for customs transit. 4. Goods (including means of transport), intended to be processed or repaired shall not be imported under cover of temporary admission papers. Article 3\n1. Temporary admission papers shall correspond to the models set out in the appendices to this Annex: Appendix I for ATA carnets, Appendix II for CPD carnets. 2. The appendices to this Annex shall be construed to be an integral part of the Annex. CHAPTER III\n\nGuarantee and issue of temporary admission papers\n\nArticle 4\n1. Subject to such conditions and guarantees as it shall determine, each Contracting Party may authorize guaranteeing associations to act as guarantors and to issue temporary admission papers, either directly or through issuing associations. 2. A guaranteeing association shall not be approved by any Contracting Party unless its guarantee covers the liabilities incurred in that Contracting Party in connection with operations under cover of temporary admission papers issued by corresponding issuing associations. Article 5\n1. Issuing associations shall not issue temporary admission papers with a period of validity exceeding one year from the date of issue. 2. Any particulars inserted on temporary admission papers by the issuing associations may be altered only with the approval of the issuing or guaranteeing association. No alteration to those papers may be made after they have been accepted by the customs authorities of the territory of temporary admission, except with the consent of those authorities. 3. Once an ATA carnet has been issued, no extra item shall be added to the list of goods enumerated on the reverse of the front cover of the carnet, or on any continuation sheets appended thereto (general list). Article 6\nThe following particulars shall appear on the temporary admission papers:\n\n\n\n\n\n\n\u2014\n\n\nthe name of the issuing association,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nthe name of the international guaranteeing chain,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nthe countries or customs territories in which the temporary admission papers are valid, and\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nthe names of the guaranteeing associations of the countries or customs territories in question. Article 7\nThe period fixed for the re-exportation of goods (including means of transport) imported under cover of temporary admission papers shall not in any case exceed the period of validity of those papers. CHAPTER IV\n\nGuarantee\n\nArticle 8\n1. Each guaranteeing association shall undertake to pay to the customs authorities of the Contracting Party in the territory of which it is established the amount of the import duties and taxes and any other sums, excluding those referred to in Article 4 (4) of this Convention, payable in the event of non-compliance with the conditions of temporary admission, or of customs transit, in respect of goods (including means of transport) introduced into that territory under cover of temporary admission papers issued by a corresponding issuing association. It shall be liable jointly and severally with the persons from whom the sums mentioned above are due, for payment of such sums. 2. ATA carnet\n\nThe liability of the guaranteeing association shall not exceed the amount of the import duties and taxes by more than 10%. CPD carnet\n\nThe guaranteeing association shall not be required to pay a sum greater than the total amount of the import duties and taxes, together with interest if applicable. 3. When the customs authorities of the territory of temporary admission have unconditionally discharged temporary admission papers in respect of certain goods (including means of transport), they can no longer claim from the guaranteeing association payment of the sums referred to in paragraph 1 of this Article in respect of these goods (including means of transport). A claim may nevertheless still be made against the guaranteeing association if it is subsequently discovered that the discharge of the papers was obtained improperly or fraudulently or that there had been a breach of the conditions of temporary admission or of customs transit. 4. ATA carnet\n\nCustoms authorities shall not in any circumstances require from the guaranteeing association payment of the sums referred to in paragraph 1 of this Article if a claim has not been made against the guaranteeing association within a year of the date of expiry of the validity of the ATA carnet. CPD carnet\n\nCustoms authorities shall not in any circumstances require from the guaranteeing association payment of the sums referred to in paragraph 1 of this Article if notification of the non-discharge of the CPD carnet has not been given to the guaranteeing association within a year of the date of expiry of the validity of the carnet. Furthermore, the customs authorities shall provide the guaranteeing association with details of the calculation of import duties and taxes due within one year from the notification of the non-discharge. The guaranteeing association's liability for these sums shall cease if such information is not furnished within this one-year period. CHAPTER V\n\nRegularization of temporary admission papers\n\nArticle 9\n1. ATA carnet\n\n\n\n\n\n\n\n(a)\n\n\nThe guaranteeing association shall have a period of six months from the date of the claim made by the customs authorities for the sums referred to in Article 8 (1) of this Annex in which to furnish proof of re-exportation under the conditions laid down in this Annex or of any other proper discharge of the ATA carnet. (b)\n\n\nIf such proof is not furnished within the time allowed the guaranteeing association shall forthwith deposit, or pay provisionally, such sums. This deposit or payment shall become final after a period of three months from the date of the deposit or payment. During the latter period, the guaranteeing association may still furnish the proof referred to in subparagraph (a) of this paragraph with a view to recovery of the sums deposited or paid. (c)\n\n\nFor Contracting Parties whose laws and regulations do not provide for the deposit or provisional payment of import duties and taxes, payments made in conformity with the provisions of subparagraph (b) of this paragraph shall be regarded as final, but the sums paid shall be refunded if the proof referred to in subparagraph (a) of this paragraph is furnished within three months of the date of the payment. 2. CPD carnet\n\n\n\n\n\n\n\n(a)\n\n\nThe guaranteeing association shall have a period of one year from the date of notification of the non-discharge of CPD carnets in which to furnish proof of re-exportation under the conditions laid down in this Annex or of any other proper discharge of the CPD carnet. Nevertheless, this period can come into force only as of the date of expiry of the CPD carnet. If the customs authorities contest the validity of the proof provided they must so inform the guaranteeing association within a period not exceeding one year. (b)\n\n\nIf such proof is not furnished within the time allowed the guaranteeing association shall deposit, or pay provisionally, within a maximum period of three months the import duties and taxes payable. This deposit or payment shall become final after a period of one year from the date of the deposit or payment. During the latter period, the guaranteeing association may still furnish the proof referred to in subparagraph (a) of this paragraph with a view to recovery of the sums deposited or paid. (c)\n\n\nFor Contracting Parties whose laws and regulations do not provide for the deposit or provisional payment of import duties and taxes, payments made in conformity with the provisions of subparagraph (b) of this paragraph shall be regarded as final, but the sums paid shall be refunded if the proof referred to in subparagraph (a) of this paragraph is furnished within a year of the date of the payment. Article 10\n1. Evidence of re-exportation of goods (including means of transport) imported under cover of temporary admission papers shall be provided by the re-exportation counterfoil completed and stamped by the customs authorities of the territory of temporary admission. 2. If the re-exportation has not been certified in accordance with paragraph 1 of this Article, the customs authorities of the territory of temporary admission may, even if the period of validity of the papers has already expired, accept as evidence of re-exportation:\n\n\n\n\n\n\n(a)\n\n\nthe particulars entered by the customs authorities of another Contracting Party in the temporary admission papers on importation or reimportation or a certificate issued by those authorities based on the particulars entered on a voucher which has been detached from the papers on importation or on reimportation into their territory, provided that the particulars relate to an importation or reimportation which can be proved to have taken place after the re-exportation which it is intended to establish;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nany other documentary proof that the goods (including means of transport) are outside that territory. 3. In any case in which the customs authorities of a Contracting Party waive the requirement of re-exportation of certain goods (including means of transport) admitted into their territory under cover of temporary admission papers, the guaranteeing association shall be discharged from its obligations only when those authorities have certified in the papers that the position regarding those goods (including means of transport) has been regularized. Article 11\nIn the cases referred to in Article 10 (2) of this Annex, the customs authorities shall have the right to charge a regularization fee. CHAPTER VI\n\nMiscellaneous provisions\n\nArticle 12\nCustoms endorsements on temporary admission papers used under the conditions laid down in this Annex shall not be subject to the payment of charges for customs attendance at customs offices during the normal hours of business. Article 13\nIn the case of the destruction, loss or theft of temporary admission papers while the goods (including means of transport) to which they refer are in the territory of one of the Contracting Parties, the customs authorities of that Contracting Party shall, at the request of the issuing association and subject to such conditions as those authorities may prescribe, accept replacement papers, the validity of which expires on the same date as that of the papers which they replace. Article 14\n1. Where it is expected that the temporary admission operation will exceed the period of validity of the temporary admission papers because of the inability of the holder to re-export the goods (including means of transport) within that period, the association which issued the papers may issue replacement papers. Such papers shall be submitted to the customs authorities of the Contracting Parties concerned for control. When accepting the replacement papers, the customs authorities concerned shall discharge the papers replaced. 2. The validity of CPD carnets can only be extended once for not more than one year. After this period, a new carnet must be issued in replacement of the former carnet and accepted by the customs authorities. Article 15\nWhere Article 7 (3) of this Convention applies, the customs authorities shall, as far as possible, notify the guaranteeing association of seizures made by them or on their behalf of goods (including means of transport) admitted under cover of temporary admission papers guaranteed by that association and shall advise it of the measures they intend to take. Article 16\nIn the event of fraud, contravention or abuse, the Contracting Parties shall, notwithstanding the provisions of this Annex, be free to take proceedings against persons using temporary admission papers, for the recovery of the import duties and taxes and other sums payable and also for the imposition of any penalties to which such persons have rendered themselves liable. In such cases the associations shall lend their assistance to the customs authorities. Article 17\nTemporary admission papers or parts thereof which have been issued or are intended to be issued in the territory into which they are imported and which are sent to an issuing association by a guaranteeing association, by an international organization or by the customs authorities of a Contracting Party, shall be admitted free of import duties and taxes and free of any import prohibitions or restrictions. Corresponding facilities shall be granted at exportation. Article 18\n1. Each Contracting Party shall have the right to enter a reservation, in accordance with Article 29 of this Convention, in respect of the acceptance of ATA carnets for postal traffic. 2. No other reservation to this Annex shall be permitted. Article 19\n1. Upon its entry into force this Annex shall, in accordance with Article 27 of this Convention, terminate and replace the customs Convention on the ATA carnet for the temporary admission of goods, Brussels, 6 December 1961, (ATA Convention) in relations between the Contracting Parties which have accepted this Annex and are Contracting Parties to that Convention. 2. Notwithstanding the provisions of paragraph 1 of this Article, ATA carnets which have been issued under the terms of the ATA Convention. 1961, prior to the entry into force of this Annex, shall be accepted until completion of the operations for which they were issued. Appendice I de l'annexe A\nAppendix I to Annex A\n\nMOD\u00c8LE DE CARNET ATA\n\n\nMODEL OF ATA CARNET\n\n\nLe carnet ATA est imprim\u00e9 en fran\u00e7ais ou en anglais et, au besoin, dans une deuxi\u00e8me langue. Les dimensions du carnet ATA sont 396x210 mm et celles des volets 297x210 mm. The ATA carnet shall be printed in English or French and may also be printed in a second language. The size of the ATA carnet shall be 396x210 mm and that of the vouchers 297x210 mm. Appendice II de l'annexe A\nAppendix II to Annex A\n\nMOD\u00c8LE DE CARNET CPD\n\n\nMODEL OF CPD CARNET\n\n\nToutes les mentions imprim\u00e9es du carnet CPD sont r\u00e9dig\u00e9es en fran\u00e7ais et en anglais. Les dimensions du carnet CPD sont 21 x 29,7 cm. L'association \u00e9mettrice doit faire figurer son nom sur chacun des volets et faire suivre ce nom des initiales de la cha\u00eene de garantie \u00e0 laquelle elle est affili\u00e9e. The CPD carnet is printed in English and French. The size of the CPD carnet shall be 21 x 29,7 cm. The issuing association shall insert its name on each voucher and shall include the initials of the international guaranteeing chain to which it belongs. ANNEX B. 1\nANNEX CONCERNING GOODS FOR DISPLAY OR USE AT EXHIBITIONS, FAIRS, MEETINGS OR SIMILAR EVENTS\nCHAPTER I\n\nDefinition\n\nArticle 1\nFor the purposes of this Annex, the term event means:\n\n\n\n\n\n\n1. a trade, industrial, agricultural or crafts exhibition, fair, or similar show or display;\n\n\n\n\n\n\n\n\n\n\n2. an exhibition or meeting which is primarily organized for a charitable purpose;\n\n\n\n\n\n\n\n\n\n\n3. an exhibition or meeting which is primarily organized to promote any branch of learning, art, craft, sport or scientific, educational or cultural activity, to promote religious knowledge or worship, to promote tourism or to promote friendship between peoples;\n\n\n\n\n\n\n\n\n\n\n4. a meeting of representatives of any international organization or international group of organizations; or\n\n\n\n\n\n\n\n\n\n\n5. a representative meeting of an official or commemorative character;\n\n\n\n\nexcept exhibitions organized for private purposes in shops or business premises with a view to the sale of foreign goods. CHAPTER II\n\nScope\n\nArticle 2\n1. The following goods shall be granted temporary admission in accordance with Article 2 of this Convention:\n\n\n\n\n\n\n(a)\n\n\ngoods intended for display or demonstration at an event, including the materials referred to in the Annexes to the Agreement on the importation of educational, scientific and cultural materials, Unesco, New York, 22 November 1950, and to the Protocol thereto, Nairobi, 26 November 1976;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\ngoods intended for use in connection with the display of foreign products at an event, including:\n\n\n\n\n\n\n(i)\n\n\ngoods necessary for the purpose of demonstrating foreign machinery or apparatus to be displayed;\n\n\n\n\n\n\n\n\n\n\n(ii)\n\n\nconstruction and decoration material, including electrical fittings, for the temporary stands of foreign exhibitors;\n\n\n\n\n\n\n\n\n\n\n(iii)\n\n\nadvertising and demonstration material which is demonstrably publicity material for the foreign goods displayed, for example, sound and image recordings, films and lantern slides, as well as apparatus for use therewith;\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nequipment including interpretation equipment, sound and image recording apparatus and films of an educational, scientific or cultural character intended for use at international meetings, conferences or congresses. 2. For the facilities referred to in this Annex to apply:\n\n\n\n\n\n\n(a)\n\n\nthe number or quantity of each article must be reasonable having regard to the purpose of importation;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe customs authorities of the territory of temporary admission must be satisfied that the conditions of this Convention shall be fulfilled. CHAPTER III\n\nMiscellaneous provisions\n\nArticle 3\nUnless the national legislation of the territory of temporary admission so permits, goods granted temporary admission shall not, whilst they are the subject of the facilities granted under this Convention:\n\n\n\n\n\n\n(a)\n\n\nbe loaned, or used in any way for hire or reward;\nor\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nbe removed from the place of the event. Article 4\n1. The period for the re-exportation of goods imported for display or use at exhibitions, fairs, meetings or similar events shall be at least six months from the date of temporary admission. 2. Notwithstanding the provisions of paragraph 1 of this Article the customs authorities shall allow such goods which are to be displayed or used at a subsequent event to remain within the territory of temporary admission, subject to compliance with such conditions as may be required by the laws and regulations of that territory and provided that the goods are re-exported within one year of the date of temporary admission. Article 5\n1. Pursuant to the terms of Article 13 of this Convention, clearance for home use shall be granted free of import duties and taxes and without application of import prohibitions and restrictions in respect of the following goods:\n\n\n\n\n\n\n(a)\n\n\nsmall samples which are representative of foreign goods displayed at an event, including such samples of foods and beverages, either imported in the form of such samples or produced from imported bulk materials at that event, provided that:\n\n\n\n\n\n\n(i)\n\n\nthey are supplied free of charge from abroad and are used solely for distribution free of charge to the visiting public at the event, for individual use or consumption by the persons to whom they are distributed;\n\n\n\n\n\n\n\n\n\n\n(ii)\n\n\nthey are identifiable as advertising samples and are individually of little value;\n\n\n\n\n\n\n\n\n\n\n(iii)\n\n\nthey are unsuitable for commercial purposes and are, where appropriate, packed in quantities appreciably smaller than the smallest retail package;\n\n\n\n\n\n\n\n\n\n\n(iv)\n\n\nsamples of foods and beverages which are not distributed in packs as provided for in (iii) are consumed at the event; and\n\n\n\n\n\n\n\n\n\n\n(v)\n\n\nthe aggregate value and quantity of the samples are, in the opinion of the customs authorities of the territory of temporary admission, reasonable having regard to the nature of the event, the number of visitors to it and the extent of the exhibitor's participation therein;\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\ngoods imported solely for demonstration or for the purpose of demonstrating the operation of a foreign machine or apparatus displayed at an event and consumed or destroyed in the course of such demonstration, provided that the aggregate value and quantity of such goods are, in the opinion of the customs authorities of the territory of temporary admission, reasonable having regard to the nature of the event, the number of visitors to it and the extent of the exhibitor's participation therein;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nproducts of low value used up in constructing, furnishing, or decorating the temporary stands of foreign exhibitors at an event, such as paint, varnish and wallpaper;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nprinted matter, catalogues, trade notices, price lists, advertising posters, calendars, whether or not illustrated, and unframed photographs, which are demonstrably publicity material for the foreign goods displayed at an event, provided that:\n\n\n\n\n\n\n(i)\n\n\nthey are supplied free of charge from abroad and are used solely for distribution free of charge to the visiting public at the event; and\n\n\n\n\n\n\n\n\n\n\n(ii)\n\n\nthe aggregate value and quantity of such goods are, in the opinion of the customs authorities of the territory of temporary admission, reasonable having regard to the nature of the event, the number of visitors to it and the extent of the exhibitor's participation therein;\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nfiles, records, forms and other documents which are imported for use as such at or in connection with, international meetings, conferences or congresses. 2. The provisions of paragraph 1 of this Article shall not be applicable to alcoholic beverages, tobacco goods and fuels. Article 6\n1. Customs examination and clearance on the importation and re-exportation of goods which are to be, or have been, displayed or used at an event shall, whenever possible and appropriate, be effected at that event. 2. Each Contracting Party shall endeavour, wherever it deems it appropriate in view of the importance and size of the event, to establish a customs office for a reasonable period on the premises of an event held within its territory. Article 7\nProducts obtained incidentally during the event from temporarily imported goods, as a result of the demonstration of displayed machinery or apparatus, shall be subject to the provisions of this Convention. Article 8\nEach Contracting Party shall have the right to enter a reservation, in accordance with Article 29 of this Convention, in respect of the provisions of Article 5 (1) (a) of this Annex. Article 9\nUpon its entry into force, this Annex shall, in accordance with Article 27 of this Convention, terminate and replace the Customs Convention concerning facilities for the importation of goods for display or use at exhibitions, fairs, meetings or similar events, Brussels, 8 June 1961, in relations between the Contracting Parties which have accepted this Annex and are Contracting Parties to that Convention. ANNEX B. 2\nANNEX CONCERNING PROFESSIONAL EQUIPMENT\nCHAPTER I\n\nDefinition\n\nArticle 1\nFor the purpose of this Annex professional equipment means:\n\n\n\n\n\n\n1. equipment for the press or for sound or television broadcasting which is necessary for representatives of the press or of broadcasting or television organizations visiting the territory of another country for purposes of reporting or in order to transmit or record material for specified programmes. An illustrative list of such equipment is set out at Appendix I to this Annex;\n\n\n\n\n\n\n\n\n\n\n2. cinematographic equipment necessary for a person visiting the territory of another country in order to make a specified film or films. An illustrative list of such equipment is set out at Appendix II to this Annex;\n\n\n\n\n\n\n\n\n\n\n3. any other equipment necessary for the exercise of the calling, trade or profession of a person visiting the territory of another country to perform a specified task. It does not include equipment which is to be used for the industrial manufacture or packaging of goods or (except in the case of hand tools) for the exploitation of natural resources, for the construction, repair or maintenance of buildings or for earth moving and like projects. An illustrative list of such equipment is set out at Appendix III to this Annex;\n\n\n\n\n\n\n\n\n\n\n4. ancillary apparatus for the equipment mentioned in items 1, 2 and 3 of this Article, and accessories therefor. CHAPTER II\n\nScope\n\nArticle 2\nThe following goods shall be granted temporary admission in accordance with Article 2 of this Convention:\n\n\n\n\n\n\n(a)\n\n\nprofessional equipment;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\ncomponent parts imported for repair of professional equipment temporarily admitted under paragraph (a). CHAPTER III\n\nMiscellaneous provisions\n\nArticle 3\n1. For the facilities granted by this Annex to apply, the professional equipment shall be:\n\n\n\n\n\n\n(a)\n\n\nowned by a person established or resident outside the territory of temporary admission;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nimported by a person established or resident outside the territory of temporary admission;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nused solely by or under the personal supervision of the person visiting the territory of temporary admission. 2. Paragraph 1 (c) of this Article shall not apply in the case of equipment imported for the production of a film, television programme or audiovisual works, under a co-production contract to which a person established in the territory of temporary admission is a party and which is approved by the competent authorities of that territory under an inter-governmental agreement concerning co-production. 3. The cinematographic equipment and equipment for the press or for sound or television broadcasting shall not be the subject of a hire contract or similar arrangement to which a person established in the territory of temporary admission is a party, provided that this condition shall not apply in the case of joint sound or television broadcasting programmes. Article 4\n1. Temporary admission of radio and television production and broadcasting equipment and specially adapted radio or television vans and their equipment, imported by public or private bodies approved for that purpose by the customs authorities of the territory of temporary admission, shall be granted without a customs document or security being required. 2. The customs authorities may require the production of a list or detailed inventory of the equipment referred to in paragraph 1 of this Article together with a written undertaking to re-export. Article 5\nThe period for the re-exportation of professional equipment shall be at least 12 months from the date of temporary admission. The period for the re-exportation of vehicles may, however, be determined with due regard to the purpose and the intended length of the stay in the territory of temporary admission. Article 6\nEach Contracting Party shall have the right to refuse or withdraw temporary admission in respect of vehicles referred to in Appendices I to III to this Annex, which, even on an occasional basis, embark persons for remuneration or load goods on its territory for disembarkation or onloading at a place within the same territory. Article 7\nThe appendices to this Annex shall be construed to be an integral part thereof. Article 8\nUpon its entry into force this Annex shall, in accordance with Article 27 of this Convention, terminate and replace the Customs Convention on the temporary importation of professional equipment, Brussels, 8 June 1961, in relations between the Contracting Parties which have accepted this Annex and are Contracting Parties to that Convention. Appendix I\nEQUIPMENT FOR THE PRESS OR FOR SOUND OR TELEVISION BROADCASTING\n\nIllustrative list\n\n\n\n\n\n\n\nA. Equipment for the press, such as:\n\n\n\n\n\n\n\u2014\n\n\npersonal computers,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\ntelefax equipment,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\ntypewriters,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\ncameras of all kinds (film and electronic cameras),\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nsound or image transmitting, recording or reproducing apparatus (tape and video recorders and video reproducers, microphones, mixing consoles, loudspeakers),\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nsound or image recording media, blank or recorded,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\ntesting and measuring instruments and apparatus (oscillographs, tape and video recorder test systems, multimeters, tool boxes and bags, vectorscopes, video generators, etc. ). \u2014\n\n\nlighting equipment (spotlights, converters, tripods),\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\noperational accessories (cassettes, exposure meters, lenses, tripods, accumulators, battery belts, battery chargers, monitors). B. Sound broadcasting equipment, such as:\n\n\n\n\n\n\n\u2014\n\n\ntelecommunication equipment such as broadcast transmitter-receivers or transmitters; terminals connectable to network or cable; satellite links,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\naudio frequency production equipment (sound pick-up, recording or reproducing apparatus),\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\ntesting and measuring instruments and apparatus (oscillographs, tape and video recorder test systems, multimeters, tool boxes and bags, vectorscopes, video generators, etc. ),\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\noperational accessories (clocks, stop-watches, compasses, microphones, mixing consoles, sound tapes, generating sets, transformers, batteries and accumulators, battery chargers, heating, air-conditioning and ventilating apparatus, etc. ). \u2014\n\n\nsound recording media, blank or recorded. C. Television broadcasting equipment, such as:\n\n\n\n\n\n\n\u2014\n\n\ntelevision cameras,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\ntelecinema,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\ntesting and measuring instruments and apparatus,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\ntransmission and retransmission apparatus,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\ncommunication apparatus,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nsound or image recording or reproducing appartus (tape and video recorders and video reproducers, microphones, mixing consoles, loudspeakers),\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nlighting equipment (spotlights, converters, tripods),\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nediting equipment,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\noperational accessories (clocks, stop-watches, compasses, lenses, exposure meters, tripods, battery chargers, cassettes, generating sets, transformers, batteries and accumulators, heating, air-conditioning and ventilating apparatus, etc. ),\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nsound or image recording media, blank or recorded (credit titles, station call signs, music inserts, etc. ),\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\n\u2018film rushes\u2019,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nmusical instruments, costumes, scenery and other stage properties, pedestals, make-up material, hairdryers. D. Vehicles designed or specially adapted for the purposes specified above, such as:\n\n\n\n\n\n\n\u2014\n\n\ntelevision transmitting vehicles,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nvehicles for television accessories,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nvideo tape recording vehicles,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nsound recording and reproducing vehicles,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nslow motion vehicles,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nlight vehicles. Appendix II\nCINEMATOGRAPHIC EQUIPMENT\n\nIllustrative list\n\n\n\n\n\n\n\nA. Equipment, such as:\n\n\n\n\n\n\n\u2014\n\n\ncameras of all kinds (film and electronic cameras),\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\ntesting and measuring instruments and apparatus (oscillographs, tape and video recorder test systems, multimeters, tool boxes and bags, vectorscopes, video generators, etc. ),\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\ncamera \u2018dollies\u2019 and booms,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nlighting equipment (spotlights, converters, tripods),\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nediting equipment,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nsound or image recording or reproducing apparatus (tape and video recorders and video reproducers, microphones, mixing consoles, loudspeakers),\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nsound or image recording media, blank or recorded (credit titles, station call signs, music inserts, etc. ),\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\n\u2018film rushes\u2019,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\noperational accessories (clocks, stop-watches, compasses, microphones, mixing consoles, sound tapes, generating sets, transformers, batteries and accumulators, battery chargers, heating, air-conditioning and ventilating apparatus, etc. ),\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nmusical instruments, costumes, scenery and other stage properties, pedestals, make-up material, hairdryers. B. Vehicles designed or specially adapted for the purposes specified above. Appendix III\nOTHER EQUIPMENT\n\n\n\n\n\n\nA. Equipment for erection, testing, commissioning, checking, control, maintenance or repair of machinery, plant, means of transport, etc. , such as:\n\n\n\n\n\n\n\u2014\n\n\ntools,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nmeasuring, checking or testing equipment and instruments (temperature, pressure, distance, height, surface, speed, etc. ), including electrical instruments (voltmeters, ammeters, measuring cables, comparators, transformers, recording instruments, etc. ) and jigs,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\napparatus and equipment for taking photographs of machines and plant during or after erection,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\napparatus for survey of ships. B. Equipment necessary for businessmen, business efficiency consultants, productivity experts, accountants and members of similar professions, such as:\n\n\n\n\n\n\n\u2014\n\n\npersonal computers,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\ntypewriters,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nsound or image transmitting, recording or reproducing apparatus,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\ncalculating instruments and apparatus. C. Equipment necessary for experts undertaking topographical surveys or geophysical prospecting work, such as:\n\n\n\n\n\n\n\u2014\n\n\nmeasuring instruments and apparatus,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\ndrilling equipment,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\ntransmission and communication equipment. D. Equipment necessary for experts combating pollution. E. Instruments and apparatus necessary for doctors, surgeons, veterinary surgeons, midwives and members of similar professions. F. Equipment necessary for archeologists, paleontologists, geographers, zoologists and other scientists. G. Equipment necessary for entertainers, theatre companies and orchestras, including all articles used for public or private performances (musical instruments, costumes, scenery, etc. ). H. Equipment necessary for lecturers to illustrate their lectures. I. Equipment necessary for photography trips (cameras of all kinds, cassettes, exposure meters, lenses, tripods, accumulators, battery belts, battery chargers, monitors, lighting equipment, fashion goods and accessories for models, etc. ). J. Vehicles designed or specially adapted for the purposes specified above, such as mobile inspection units, travelling workshops and travelling laboratories. ANNEX B. 3\nANNEX CONCERNING CONTAINERS, PALLETS, PACKINGS, SAMPLES AND OTHER GOODS IMPORTED IN CONNECTION WITH A COMMERCIAL OPERATION\nCHAPTER I\n\nDefinitions\n\nArticle 1\nFor the purposes of this Annex:\n\n\n\n\n\n\n(a)\n\n\n\ngoods imported in connection with a commercial operation means:\ncontainers, pallets, packings, samples, advertising films and any other goods imported in connection with a commercial operation but whose importation does not in itself constitute a commercial operation;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\n\npacking means:\nall articles and materials used, or to be used, in the state in which they are imported, to pack, protect, stow or separate goods, excluding packing materials such as straw, paper, glass-wool, shavings, etc. , when imported in bulk. Containers and pallets, as defined in items (c) and (d) of this Article respectively, are also excluded;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\n\ncontainer means:\nan article of transport equipment (lift-van, movable tank or other similar structure):\n\n\n\n\n\n\n(i)\n\n\nfully or partially enclosed to constitute a compartment intended for containing goods;\n\n\n\n\n\n\n\n\n\n\n(ii)\n\n\nof a permanent character and accordingly strong enough to be suitable for repeated use;\n\n\n\n\n\n\n\n\n\n\n(iii)\n\n\nspecially designed to facilitate the carriage of goods, by one or more modes of transport, without intermediate reloading;\n\n\n\n\n\n\n\n\n\n\n(iv)\n\n\ndesigned for ready handling, particularly when being transferred from one mode of transport to another;\n\n\n\n\n\n\n\n\n\n\n(v)\n\n\ndesigned to be easy to fill and to empty; and\n\n\n\n\n\n\n\n\n\n\n(vi)\n\n\nhaving an internal volume of one cubic meter or more. \u2018Container\u2019 shall include the accessories and equipment of the container, appropriate for the type concerned, provided that such accessories and equipment are carried with the container. The term \u2018container\u2019 shall not include vehicles, accessories or spare parts of vehicles, or packaging or pallets. \u2018Demountable bodies\u2019 shall be regarded as containers;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\n\npallet means:\na device on the deck of which a quantity of goods can be assembled to form a unit load for the purpose of transporting it, or of handling or stacking it with the assistance of mechanical appliances. This device is made up of two decks separated by bearers, or of a single deck supported by feet; its overall height is reduced to the minimum compatible with handling by fork lift trucks or pallet trucks; it may or may not have a superstructure;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\n\nsamples means:\narticles which are representative of a particular category of goods already produced or are examples of goods the production of which is contemplated, but does not include identical articles brought in by the same individual, or sent to a single consignee, in such quantity that, taken as a whole, they no longer constitute samples under ordinary commercial usage;\n\n\n\n\n\n\n\n\n\n\n(f)\n\n\n\nadvertising films means:\nrecorded visual media, with or without sound track, consisting essentially of images showing the nature or operation of products or equipment put up for sale or hire by a person established or resident in the territory of another Contracting Party, provided that the films are of a kind suitable for exhibition to prospective customers but not for general exhibition to the public; and are imported in a packet which contains not more than one copy of each film and which does not form part of a larger consignment of films;\n\n\n\n\n\n\n\n\n\n\n(g)\n\n\n\ninternal traffic means:\nthe carriage of goods loaded in the customs territory of a Contracting Party for unloading at a place within the customs territory of the same Contracting Party. CHAPTER II\n\nScope\n\nArticle 2\nThe following goods imported in connection with a commercial operation shall be granted temporary admission in accordance with Article 2 of this Convention:\n\n\n\n\n\n\n(a)\n\n\npackings which are imported filled for re-exportation empty or filled, or are imported empty for re-exportation filled;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\ncontainers, whether or not filled with goods, and accessories and equipment for temporarily admitted containers, which are either imported with a container to be re-exported separately or with another container, or are imported separately to be re-exported with a container;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\ncomponent parts intended for the repair of containers granted temporary admission under item (b) of this Article;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\npallets;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nsamples;\n\n\n\n\n\n\n\n\n\n\n(f)\n\n\nadvertising films;\n\n\n\n\n\n\n\n\n\n\n(g)\n\n\nany other goods imported for any of the purposes listed at Appendix I to this Annex in connection with a commercial operation but whose importation does not in itself constitute a commercial operation. Article 3\nThe provisions of this Annex do not affect the customs legislation of Contracting Parties in respect of the importation of goods carried in containers or packings, or on pallets. Article 4\n1. For the facilities granted by this Annex to apply:\n\n\n\n\n\n\n(a)\n\n\npackings can be re-exported only by the person to whom the temporary admission facilities were granted. They shall not, even occasionally, be used in internal traffic;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\ncontainers must be marked in the manner prescribed in Appendix II to this Annex. They may be used for the carriage of goods in internal traffic, in which case each Contracting Party shall be entitled to impose the following conditions:\n\n\n\n\n\n\n\u2014\n\n\nthe journey shall bring the container by a reasonably direct route to, or nearer to, the place where export cargo is to be loaded or from where the container is to be exported empty,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nthe container will be used only once in internal traffic before being re-exported;\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\npallets or an equal number of pallets of the same type and substantially the same value must have been previously exported or will be subsequently exported or re-exported;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nsamples and advertising films must be owned by a person established or resident outside the territory of temporary admission and must be imported solely for the purpose of being shown or demonstrated in the territory of temporary admission, for the soliciting of orders for goods to be imported into that territory. They may not be sold or put to normal use except for the purposes of demonstration, or used in any way for hire or reward while in the territory of temporary admission;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nthe goods referred to in items 1 and 2 of Appendix I to this Annex shall not be used for gainful activity. 2. Each Contracting Party shall have the right to refuse temporary admission to containers, pallets or packings which have been the subject of purchase, hire-purchase, lease or a contract of a similar nature, concluded by a person established or resident in its territory. Article 5\n1. Temporary admission of containers, pallets and packings shall be granted without a customs document or security being required. 2. In lieu of a customs document and security for containers, the person to whom the temporary admission facilities are granted may be required to undertake in writing:\n\n\n\n\n\n\n(i)\n\n\nto supply to the customs authorities, at their request, detailed information concerning the movements of each container granted temporary admission including the dates and places of entry into and exit from the territory of temporary admission; or a list of containers with an undertaking to re-export;\n\n\n\n\n\n\n\n\n\n\n(ii)\n\n\nto pay such import duties and taxes as may be required in cases where the conditions of temporary admission have not been fulfilled. 3. In lieu of a customs document and security for pallets and packings, the person to whom the temporary admission facilities are granted may be required to produce to the customs authorities a written undertaking to re-export. 4. Persons who regularly use the temporary admission procedure shall be authorized to provide a general undertaking. Article 6\nThe period for the re-exportation of goods imported in connection with a commercial operation shall be at least six months from the date of temporary admission. Article 7\nEach Contracting Party shall have the right to enter a reservation, in accordance with Article 29 of this Convention, in respect of:\n\n\n\n\n\n\n(a)\n\n\nno more than three groups of goods listed in Article 2;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nArticle 5;\n\n\n\n\nof this Annex. Article 8\nThe appendices to this Annex shall be construed to be an integral part thereof. Article 9\nUpon its entry into force this Annex shall, in accordance with Article 27 of this Convention, terminate and replace the following Conventions and provisions:\n\n\n\n\n\n\n\u2014\n\n\nEuropean Convention on Customs treatment of pallets used in international transport, Geneva, 9 December 1960,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nCustoms Convention on the temporary importation of packings, Brussels, 6 October 1960,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nArticles 2 to 11 and Annexes 1 (1) and (2) to 3 to the Customs Convention on containers, Geneva, 2 December 1972,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nArticles 3, 5 and 6 (1) (b) and (2) to the International Convention to facilitate the importation of commercial samples and advertising material, Geneva, 7 November 1952,\n\n\n\n\nin relations between the Contracting Parties which have accepted this Annex and are Contracting Parties to those Conventions. Appendix I\nList of goods pursuant to Article 2 (g)\n\n\n\n\n\n\n1. Goods imported for testing, checking, experiments or demonstrations. 2. Goods for use in testing, checking, experiments or demonstrations. 3. Printed and developed cinematographic films, positives and other recorded image-bearing media intended for viewing prior to their commercial use. 4. Films, magnetic tapes, magnetized films and other sound- or image-bearing media intended for sound tracking, dubbing or reproduction. 5. Data-carrying media, sent free of charge, for use in automatic data processing. 6. Articles (including vehicles) which, by their nature, are unsuitable for any purpose other than advertising of specific articles or publicity for a specific purpose. Appendix II\nProvisions concerning the marking of containers\n\n\n\n\n\n\n1. The following information shall be durably marked in an appropriate and clearly visible place on containers:\n\n\n\n\n\n\n(a)\n\n\nthe identification of the owner or principal operator;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe identification marks and numbers of the container, given by the owner or operator; and\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nthe tare weight of the container, including all its permanently fixed equipment. 2. The country to which the container belongs may be shown either in full, or by means of the ISO Alpha-2 country code provided for in International Standard ISO 3166, or by the distinguishing sign used to indicate the country of registration of motor vehicles in international road traffic. Each country may subject the use of its name or distinguishing sign on the container to its national legislation. The identity of the owner or operator may be shown either by his full name or by an established identification, symbols such as emblems or flags being excluded. 3. For identification marks and numbers on containers to be considered durably marked when plastic film is used, compliance with the following specifications is required:\n\n\n\n\n\n\n(a)\n\n\na high-quality adhesive shall be used. The film, once applied, shall have a tensile strength lower than its final adhesion so that removal of the film without destroying it is impossible. Film produced by the cast method of production meets these requirements. Film produced by the calender method of production shall not be used;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nwhen identification marks and numbers have to be changed, the film to be replaced shall be removed completely prior to the affixing of the new film; placing of new film over an existing film shall not be permitted. 4. The specifications for the use of plastic film for marking containers set out in paragraph 3 of this Appendix do not exclude the possibility of using other durable marking methods. ANNEX B. 4\nANNEX CONCERNING GOODS IMPORTED IN CONNECTION WITH A MANUFACTURING OPERATION\nCHAPTER I\n\nDefinition\n\nArticle 1\nFor the purposes of this Annex goods imported in connection with a manufacturing operation means:\n\n\n\n\n\n\n1. (a)\n\n\nmatrices, blocks, plates, moulds, drawings, plans, models and other similar articles;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nmeasuring, controlling and checking instruments and other similar articles;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nspecial tools and instruments;\n\n\n\n\nimported for use during a manufacturing process; and\n\n\n\n\n\n\n\n\n\n\n2. replacement means of production means:\ninstruments, apparatus and machines made available to a customer by a supplier or repairer, pending the delivery or repair of similar goods. CHAPTER II\n\nScope\n\nArticle 2\nGoods imported in connection with a manufacturing operation shall be granted temporary admission in accordance with Article 2 of this Convention. CHAPTER III\n\nMiscellaneous provisions\n\nArticle 3\nFor the facilities granted by this Annex to apply:\n\n\n\n\n\n\n(a)\n\n\ngoods imported in connection with a manufacturing operation must be owned by a person established outside the territory of temporary admission and intended for a person established in that territory;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nall or part, as national legislation may require, of the production resulting from the use of the goods imported in connection with a manufacturing operation, as referred to in Article 1 (1) of this Annex, must be exported from the territory of temporary admission;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nreplacement means of production must be made available, temporarily and free of charge, to the person established in the territory of temporary admission by or through the supplier of the means of production the delivery of which is delayed or which must be repaired. Article 4\n1. The period for the re-exportation of the goods included in Article 1, (1), of this Annex shall be at least 12 months from the date of temporary admission. 2. The period for the re-exportation of replacement means of production shall be at least six months from the date of temporary admission. ANNEX B. 5\nANNEX CONCERNING GOODS IMPORTED FOR EDUCATIONAL, SCIENTIFIC OR CULTURAL PURPOSES\nCHAPTER I\n\nDefinitions\n\nArticle 1\nFor the purposes of this Annex:\n\n\n\n\n\n\n(a)\n\n\n\ngoods imported for educational, scientific or cultural purposes means:\nscientific equipment, pedagogic material, welfare material for seafarers, and any other goods imported in connection with educational, scientific or cultural activities;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nin paragraph (a):\n\n\n\n\n\n\n(i)\n\n\n\nscientific equipment and pedagogic material means:\nany models, instruments, apparatus, machines or accessories therefor used for purposes of scientific research or educational or vocational training;\n\n\n\n\n\n\n\n\n\n\n(ii)\n\n\n\nwelfare material for seafarers means:\nmaterial for the pursuit of cultural, educational, recreational, religious or sporting activities by persons charged with duties in connection with the working or service at sea of a foreign ship engaged in international maritime traffic. Illustrative lists of \u2018pedagogic material\u2019, \u2018welfare material for seafarers\u2019 and \u2018any other goods imported in connection with educational, scientific or cultural activities\u2019 are reproduced at Appendices I, II and III, respectively, to this Annex. CHAPTER II\n\nScope\n\nArticle 2\nThe following goods shall be granted temporary admission in accordance with Article 2 of this Convention:\n\n\n\n\n\n\n(a)\n\n\ngoods imported exclusively for educational, scientific or cultural purposes;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nspare parts for scientific equipment and pedagogic material which has been granted temporary admission under paragraph (a) above, and tools specially designed for the maintenance, checking, gauging or repair of such equipment. CHAPTER III\n\nMiscellaneous provisions\n\nArticle 3\nFor the facilities granted by this Annex to apply:\n\n\n\n\n\n\n(a)\n\n\ngoods imported for educational, scientific or cultural purposes must be owned by a person established outside the territory of temporary admission and must be imported by approved institutions in reasonable quantities having regard to the purpose of the importation. They must not be used for commercial purposes;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nwelfare material for seafarers must be used on board foreign ships engaged in international maritime traffic, or must be unloaded from the ship to be temporarily used ashore by the crew, or must be imported for use in hostels, clubs or recreation centres for seafarers, managed either by official organizations or by religious or other non-profit making organizations, and places of worship where services for seafarers are regularly held. Article 4\nTemporary admission of scientific equipment, pedagogic material and welfare material for seafarers used on board ships shall be granted without a customs document or security being required. Where necessary, an inventory together with a written undertaking to re-export, may be required for scientific equipment and pedagogic material. Article 5\nThe period for the re-exportation of goods imported for educational, scientific or cultural purposes shall be at least 12 months from the date of temporary admission. Article 6\nEach Contracting Party shall have the right to enter a reservation, in accordance with Article 29 of this Convention, in respect of the provisions of Article 4 of this Annex, in so far as they relate to scientific equipment and pedagogic material. Article 7\nThe appendices to this Annex shall be construed to be an integral part thereof. Article 8\nUpon its entry into force this Annex shall, in accordance with Article 27 of this Convention, terminate and replace the Customs Convention on welfare material for seafarers, Brussels, 1 December 1964, the Customs Convention on the temporary importation of scientific equipment, Brussels, 11 June 1968, and the Customs Convention on the temporary importation of pedagogic material, Brussels, 8 June 1970, in relations between the Contracting Parties which have accepted this Annex and are Contracting Parties to those Conventions. Appendix I\nIllustrative list\n\n\n\n\n\n\n(a)\n\n\nSound or image recorders or reproducers, such as:\n\n\n\n\n\n\n\u2014\n\n\nslide and filmstrip projectors,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\ncinematographic projectors,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nback-projectors and episcopes,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nmagnetophones, magnetoscopes and video equipment,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nclosed circuit television equipment. (b)\n\n\nSound and image media, such as:\n\n\n\n\n\n\n\u2014\n\n\nslides, filmstrips and microfilms,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\ncinematographic films,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nsound recordings (magnetic tapes, discs),\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nvideotapes. (c)\n\n\nSpezialized material, such as:\n\n\n\n\n\n\n\u2014\n\n\nbibliographic equipment and audio-visual material for libraries,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nmobile libraries,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nlanguage laboratories,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nsimultaneous interpretation equipment,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nprogrammed teaching machines, mechanical or electronic,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nmaterial specially designed for the educational or vocational training of handicapped persons. (d)\n\n\nOther material, such as:\n\n\n\n\n\n\n\u2014\n\n\nwall charts, models, graphs, maps, plans, photographs and drawings, instruments, apparatus and models designed for demonstrational purposes,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\ncollections of items with visual or audio pedagogic information, prepared for the teaching of a subject (study kits),\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\ninstruments, apparatus, tools and machine-tools for learning a trade or craft,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nequipment, including specially adapted or designed vehicles for use in relief operations, which is imported for the training of persons involved in relief operations. Appendix II\nIllustrative list\n\n\n\n\n\n\n(a)\n\n\nReading material, such as:\n\n\n\n\n\n\n\u2014\n\n\nbooks,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\ncorrespondence courses,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nnewspapers, journals and periodicals,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\npamphlets on welfare facilities in ports. (b)\n\n\nAudio-visual material, such as:\n\n\n\n\n\n\n\u2014\n\n\nsound and image reproducing instruments,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\ntape-recorders,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nradio sets, television sets,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\ncinematographic and other projectors,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nrecordings on tapes or discs (language courses, radio programmes, greetings, music and entertainment),\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nfilms, exposed and developed,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nfilm slides,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nvideotapes. (c)\n\n\nSports gear, such as:\n\n\n\n\n\n\n\u2014\n\n\nsports wear,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nballs,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nrackets and nets,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\ndeck games,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nathletic equipment,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\ngymnastic equipment. (d)\n\n\nHobby material, such as:\n\n\n\n\n\n\n\u2014\n\n\nindoor games,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nmusical instruments,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nmaterial for amateur dramatics,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nmaterials for painting, sculpture, woodwork and metalwork, carpet making, etc. (e)\n\n\nEquipment for religious activities. (f)\n\n\nParts and accessories for welfare material. Appendix III\nIllustrative list\nGoods, such as:\n\n\n\n\n\n\n1. costumes and scenery items sent on loan free of charge to dramatic societies or theatres;\n\n\n\n\n\n\n\n\n\n\n2. music scores sent on loan free of charge to music theatres or orchestras. ANNEX B. 6\nANNEX CONCERNING TRAVELLERS' PERSONAL EFFECTS AND GOODS IMPORTED FOR SPORTS PURPOSES\nCHAPTER I\n\nDefinitions\n\nArticle 1\nFor the purposes of this Annex:\n\n\n\n\n\n\n(a)\n\n\n\ntraveller means:\nany person who temporarily enters the territory of a Contracting Party in which he or she does not normally reside, for the purposes of tourism, sports, business, professional meetings, health, study, etc. ;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\n\npersonal effects means:\nall articles, new or used, which a traveller may reasonably require for his or her personal use during the journey, taking into account all the circumstances of the journey, but excluding any goods imported for commercial purposes. An illustrative list of personal effects is reproduced at Appendix I to this Annex;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\n\ngoods imported for sports purposes means:\nsports requisites and other articles for use by travellers in sports contests or demonstrations or for training in the territory of temporary admission. An illustrative list of such goods is reproduced at Appendix II to this Annex. CHAPTER II\n\nScope\n\nArticle 2\nPersonal effects and goods imported for sports purposes shall be granted temporary admission in accordance with Article 2 of this Convention. CHAPTER III\n\nMiscellaneous provisions\n\nArticle 3\nFor the facilities granted by this Annex to apply:\n\n\n\n\n\n\n(a)\n\n\npersonal effects must be imported on the person or in the baggage (whether or not accompanied) of the traveller;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\ngoods imported for sports purposes must be owned by a person established or resident outside the territory of temporary admission, and must be imported in reasonable quantities in the light of their intended use. Article 4\n1. Temporary admission of personal effects shall be granted without a customs document or security being required. However, in the case of articles which involve a high amount of import duties and taxes, a customs document and security may be required. 2. Whenever possible, an inventory of the goods together with a written undertaking to re-export, may be accepted for goods imported for sports purposes, in lieu of a customs document and security. Article 5\n1. Personal effects shall be re-exported at the latest when the person who imported them leaves the territory of temporary admission. 2. The period for the re-exportation of goods imported for sports purposes shall be at least 12 months from the date of temporary admission. Article 6\nThe appendices to this Annex shall be construed to be an integral part thereof. Article 7\nUpon its entry into force this Annex shall, in accordance with Article 27 of this Convention, terminate and replace the application of Articles 2 and 5 of the Convention concerning customs facilities for touring, New York, 4 June 1954, in relations between the Contracting Parties which have accepted this Annex and are Contracting Parties to that Convention. Appendix I\nIllustrative list\n\n\n\n\n\n\n1. Clothing. 2. Toilet articles. 3. Personal jewellery. 4. Still and motion picture cameras together with a reasonable quantity of film and accessories therefor. 5. Portable slide or film projectors and accessories therefor together with a reasonable quantity of slides or films. 6. Video cameras and portable video recorders, with a reasonable quantity of tapes. 7. Portable musical instruments. 8. Portable gramophones with records. 9. Portable sound recorders and reproducers (including dictating machines), with tapes. 10. Portable radio receivers. 11. Portable television sets. 12. Portable typewriters. 13. Portable calculators. 14. Portable personal computers. 15. Binoculars. 16. Perambulators. 17. Wheel-chairs for invalids. 18. Sports equipment such as tents and other camping equipment, fishing equipment, climbing equipment, diving equipment, sporting firearms with ammunition, non-motorized bicycles, canoes or kayaks less than 5,5 metres long, skis, tennis rackets, surfboards, windsurfers, hang-gliders and delta wings, golfing equipment. 19. Portable dialysis and similar medical apparatus, and the disposable items imported for use therewith. 20. Other articles clearly of a personal nature. Appendix II\nIllustrative list\n\n\n\n\n\n\nA. Track and field equipment, such as:\n\n\n\n\n\n\n\u2014\n\n\nhurdles,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\njavelins, discuses, poles, shots, hammers. B. Ball game equipment, such as:\n\n\n\n\n\n\n\u2014\n\n\nballs of any kind,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nrackets, mallets, clubs, sticks and the like,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nnets of any kind,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\ngoalposts. C. Winter sports equipment, such as:\n\n\n\n\n\n\n\u2014\n\n\nskis and sticks,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nskates,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nbobsleighs,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\ncurling equipment. D. Sports wear, shoes, gloves, headgear, etc. , of any kind. E. Water sports equipment, such as:\n\n\n\n\n\n\n\u2014\n\n\ncanoes and kayaks,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nsail and row boats, sails, oars and paddles,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nsurf boards and sails. F. Motor vehicles and craft, such as:\n\n\n\n\n\n\n\u2014\n\n\ncars,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nmotor bicycles,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nmotor boats. G. Equipment for miscellaneous events, such as:\n\n\n\n\n\n\n\u2014\n\n\nsports arms and ammunition,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nnon-motorised bicycles,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\narchers' bows and arrows,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nfencing equipment,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\ngymnastics equipment,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\ncompasses,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nwrestling mats and tatamis,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nweight-lifting equipment,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nriding equipment, sulkies,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nhang-gliders, delta wings, windsurfers,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nclimbing equipment,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nmusic cassettes to accompany the performance. H. Auxiliary equipment, such as:\n\n\n\n\n\n\n\u2014\n\n\nmeasuring and score display equipment,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nblood and urine test appartus. ANNEX B. 7\nANNEX CONCERNING TOURIST PUBLICITY MATERIAL\nCHAPTER I\n\nDefinition\n\nArticle 1\nFor the purposes of this Annex tourist publicity material means:\ngoods imported for the purpose of encouraging the public to visit another foreign country, in particular in order to attend cultural, religious, touristic, sporting or professional meetings or demonstrations held there. An illustrative list of such material is reproduced at the appendix to this Annex. CHAPTER II\n\nScope\n\nArticle 2\nExcept for the material referred to in Article 5 of this Annex for which outright importation free of import duties and taxes shall be granted, tourist publicity material shall be granted temporary admission in accordance with Article 2 of this Convention. CHAPTER III\n\nMiscellaneous provisions\n\nArticle 3\nFor the facilities granted by this Annex to apply, tourist publicity material must be owned by a person established outside the territory of temporary admission, and must be imported in reasonable quantities in the light of its intended use. Article 4\nThe period for the re-exportation of tourist publicity material shall be at least 12 months from the date of temporary admission. Article 5\nOutright importation free of import duties and taxes shall be granted for the following publicity material:\n\n\n\n\n\n\n(a)\n\n\ndocuments (folders, pamphlets, books, magazines, guides, posters framed or unframed, unframed photographs and photographic enlargements, maps whether illustrated or not, printed window transparencies), for free distribution, provided these documents do not contain more than 25 % private commercial advertising and are obviously designed for general publicity purposes;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nlists and year-books of foreign hotels published or sponsored by official tourist agencies and timetables of transport services operating abroad, when such documents are for free distribution and do not contain more than 25 % private commercial advertising;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\ntechnical material sent to the accredited representatives or correspondents appointed by national official tourist agencies, not intended for distribution, i. e. , year-books, telephone directories, lists of hotels, catalogues of fairs, samples of negligible value of handicraft, documentation about museums, universities, spas and similar institutions. Article 6\nThe appendix to this Annex shall be construed to be an integral part thereof. Article 7\nUpon its entry into force this Annex shall, in accordance with Article 27 of this Convention, terminate and replace the Additional Protocol to the Convention concerning customs facilities for touring, relating to the importation of tourist publicity documents and material, New York, 4 June 1954, in relations between the Contracting Parties which have accepted this Annex and are Contracting Parties to that Protocol. Appendix\nIllustrative list\n\n\n\n\n\n\n1. Material intended for display in the office of the accredited representatives or correspondents appointed by the official national tourist agencies or in other places approved by the customs authorities of the territory of temporary admission: pictures and drawings, framed photographs and photographic enlargements, art books, paintings, engravings or lithographs, sculptures and tapestries and other similar works of art. 2. Display material (show-cases, stands and similar articles), including electrical and mechanical equipment required for operating such display. 3. Documentary films, records, tape recordings and other sound recordings intended for use in performances at which no charge is made, but excluding those whose subjects lend themselves to commercial advertising and those which are on general sale in the territory of temporary admission. 4. A reasonable number of flags. 5. Dioramas, scale models, lantern-slides, printing blocks, photographic negatives. 6. Specimens, in reasonable numbers, of articles of national handicrafts, local costumes and similar articles of folklore. ANNEX B. 8\nANNEX CONCERNING GOODS IMPORTED AS FRONTIER TRAFFIC\nCHAPTER I\n\nDefinitions\n\nArticle 1\nFor the purposes of this Annex:\n\n\n\n\n\n\n(a)\n\n\n\ngoods imported as frontier traffic means:\n\n\n\n\n\n\n\u2014\n\n\nthose carried by frontier zone inhabitants in the performance of their profession or trade (doctors, craftsmen, etc. ),\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\npersonal or household effects of frontier zone inhabitants imported by them for repair, manufacture or processing,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nequipment intended for working on land located within the frontier zone of the territory of temporary admission,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nequipment owned by an official body, imported in connection with a relief operation (fire, floods, etc. );\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\n\nfrontier zone means:\nan area of the customs territory adjacent to the land frontier, the extent of which is determined in national legislation and whose limits serve to distinguish frontier traffic from other traffic;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\n\nfrontier zone inhabitants means:\npersons established or resident in a frontier zone;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\n\nfrontier traffic means:\nimportations carried out by frontier zone inhabitants between two adjacent frontier zones. CHAPTER II\n\nScope\n\nArticle 2\nGoods imported as frontier traffic shall be granted temporary admission in accordance with Article 2 of this Convention. CHAPTER III\n\nMiscellaneous provisions\n\nArticle 3\nFor the facilities granted by this Annex to apply:\n\n\n\n\n\n\n(a)\n\n\ngoods imported as frontier traffic must be owned by a frontier zone inhabitant of the frontier zone adjacent to that of temporary admission;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nequipment for working on land must be used by frontier zone inhabitants of the frontier zone adjacent to that of temporary admission who work on land located in the latter frontier zone. This equipment must be used for the performance of agricultural work or forestry work such as the onloading or transport of timber, or for pisciculture;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nfrontier traffic for repair, manufacture or processing must be of a strictly non-criminal nature. Article 4\n1. Temporary admission of goods imported as frontier traffic shall be granted without a customs document or security being required. 2. Each Contracting Party may make the granting of temporary admission of goods imported as frontier traffic subject to the production of an inventory of the goods, together with a written undertaking to re-export. 3. Temporary admission may also be granted on the basis of a simple entry in a register held by the customs office. Article 5\n1. The period for the re-exportation of goods imported as frontier traffic shall be at least 12 months from the date of temporary admission. 2. Equipment intended for working on land shall, however, be re-exported once the work has been carried out. ANNEX B. 9\nANNEX CONCERNING GOODS IMPORTED FOR HUMANITARIAN PURPOSES\nCHAPTER I\n\nDefinitions\n\nArticle 1\nFor the purposes of this Annex:\n\n\n\n\n\n\n(a)\n\n\n\ngoods imported for humanitarian purposes means:\nmedical, surgical and laboratory equipment and relief consignments;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\n\nrelief consignments means:\nall goods, such as vehicles and other means of transport, blankets, tents, prefabricated houses or other goods of prime necessity, forwarded as aid to those affected by natural disaster and similar catastrophes. CHAPTER II\n\nScope\n\nArticle 2\nGoods imported for humanitarian purposes shall be granted temporary admission in accordance with Article 2 of this Convention. CHAPTER III\n\nMiscellaneous provisions\n\nArticle 3\nFor the facilities granted by this Annex to apply:\n\n\n\n\n\n\n(a)\n\n\ngoods imported for humanitarian purposes must be owned by a person established outside the territory of temporary admission and must be loaned free of charge;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nmedical, surgical and laboratory equipment must be intended for use by hospitals and other medical institutions which, finding themselves in exceptional circumstances, have urgent need of it, provided this equipment is not available in sufficient quantity in the territory of temporary admission;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nrelief consignments must be dispatched to persons approved by the competent authorities in the territory of temporary admission. Article 4\n1. Whenever possible, an inventory of the goods together with a written undertaking to re-export, may be accepted for medical, surgical and laboratory equipment, in lieu of a customs document and security. 2. Temporary admission of relief consignments shall be granted without a customs document or security being required. However, the customs authorities may require an inventory of the goods, together with a written undertaking to re-export. Article 5\n1. The period for the re-exportation of medical, surgical and laboratory equipment shall be determined in accordance with the needs. 2. The period for the re-exportation of relief consignments shall be at least 12 months from the date of temporary admission\n\n\n\nANNEX C\nANNEX CONCERNING MEANS OF TRANSPORT\nCHAPTER I\n\nDefinitions\n\nArticle 1\nFor the purposes of this Annex:\n\n\n\n\n\n\n(a)\n\n\n\nmeans of transport means:\nany vessel (including lighters and barges, whether or not shipborne, and hydrofoils), hovercraft, aircraft, motor road vehicles (including cycles with engines, trailers, semi-trailers and combinations of vehicles) and railway rolling stock; together with their normal spare parts, accessories and equipment carried on board means of transport (including special equipment for the loading, unloading, handling and protection of cargo);\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\n\ncommercial use means:\nthe transport of persons for remuneration or the industrial or commercial transport of goods, whether or not for remuneration;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\n\nprivate use means:\nthe transport exclusively for personal use by the person concerned excluding commercial use;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\n\ninternal traffic means:\nthe carriage of persons or goods picked up or loaded in the territory of temporary admission for setting down or unloading at a place within the same territory;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\n\nnormal tanks means:\nthe tanks designed by the manufacturer for all means of transport of the same type as the means of transport in question and whose permanent fitting enables a fuel to be used directly, both for the purpose of propulsion and, where appropriate, for the operation, during transport, of refrigeration systems and other systems. Tanks fitted to means of transport designed for direct use of other types of fuel and tanks fitted to the other systems with which the means of transport may be equipped shall also be considered to be normal tanks. CHAPTER II\n\nScope\n\nArticle 2\nThe following shall be granted temporary admission in accordance with Article 2 of this Convention:\n\n\n\n\n\n\n(a)\n\n\nmeans of transport for commercial use or for private use;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nspare parts and equipment imported for the repair of a means of transport already temporarily admitted. Replaced parts and equipment which are not re-exported shall be liable to import duties and taxes except where they are disposed of as provided for in Article 14 of this Convention. Article 3\nRoutine maintenance operations and repairs to the means of transport which have become necessary during the journey to or within the territory of temporary admission and which are carried out during the period of temporary admission, shall not be deemed to involve a change within the meaning of Article 1 (a) of this Convention. Article 4\n1. The fuel contained in the normal tanks of the means of transport temporarily admitted as well as lubrication oils for the normal use of such means of transport shall be admitted without payment of import duties and taxes and without application of import prohibitions or restrictions. 2. In the case of motor vehicles for commercial use, each Contracting Party shall have the right, however, to fix maximum quantities for the fuel which can be admitted into its territory free of import duties and taxes and without application of import prohibitions or restrictions in the normal tanks of such temporarily admitted motor road vehicles. CHAPTER III\n\nMiscellaneous provisions\n\nArticle 5\nFor the facilities granted by this Annex to apply:\n\n\n\n\n\n\n(a)\n\n\nmeans of transport for commercial use must be registered in a territory other than that of temporary admission, in the name of a person established or resident in a territory other than that of temporary admission, and be imported and used by persons operating from such a territory;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nmeans of transport for private use must be registered in a territory other than that of temporary admission, in the name of a person established or resident in a territory other than that of temporary admission, and be imported and used by persons resident in such a territory. Article 6\nTemporary admission of means of transport shall be granted without a customs document or security being required. Article 7\nNotwithstanding the provisions of Article 5 of this Annex,\n\n\n\n\n\n\n(a)\n\n\nmeans of transport for commercial use may be used by third persons, even if established or resident in the territory of temporary admission, who are duly authorized by the persons granted temporary admission and who operate on their behalf;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nmeans of transport for private use may be used by third persons who are duly authorized by the persons granted temporary admission. Each Contracting Party may permit the use by a person resident in its territory, in particular, where the means of transport is used on behalf and on the instructions of the person granted temporary admission. Article 8\nEach Contracting Party shall have the right to deny the benefit of temporary admission to, or to withdraw that benefit from:\n\n\n\n\n\n\n(a)\n\n\nmeans of transport for commercial use which are used in internal traffic;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nmeans of transport for private use which are used for commercial use in internal traffic;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nmeans of transport which are hired after importation or, if imported on hire, are re-hired or sublet for a purpose other than immediate re-exportation. Article 9\n1. Means of transport for commercial use shall be re-exported once the transport operations for which they were imported have been completed. 2. Means of transport for private use may remain in the territory of temporary admission for a period, continuous or not, of six months in every period of 12 months. Article 10\nEach Contracting Party shall have the right to enter a reservation, in accordance with Article 29 of this Convention in respect of:\n\n\n\n\n\n\n(a)\n\n\nArticle 2 (a), in so far as it relates to temporary admission of motor road vehicles and railway rolling stock;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nArticle 6, in so far as it relates to motor road vehicles for commercial use and to means of transport for private use;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nArticle 9 paragraph 2,\n\n\n\n\nof this Annex. Article 11\nUpon its entry into force this Annex shall, in accordance with Article 27 of this Convention, terminate and replace the Customs Convention on the temporary importation of private road vehicles, New York, 4 June 1954, the Customs Convention on the temporary importation of commercial road vehicles, Geneva, 18 May 1956, and the Customs Convention on the temporary importation for private use of aircraft and pleasure boats, Geneva, 18 May 1956, in relations between the Contracting Parties which have accepted this Annex and are Contracting Parties to those Conventions. ANNEX D\nANNEX CONCERNING ANIMALS\nCHAPTER I\n\nDefinitions\n\nArticle 1\nFor the purposes of this Annex:\n\n\n\n\n\n\n(a)\n\n\n\nanimals means:\nlive animals of any species;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\n\nfrontier zone means:\nan area of the customs territory adjacent to the land frontier, the extent of which is determined in national legislation and whose limits serve to distinguish frontier traffic from other traffic;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\n\nfrontier zone inhabitants means:\npersons established or resident in a frontier zone;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\n\nfrontier traffic means:\nimportations carried out by frontier zone inhabitants between two adjacent frontier zones. CHAPTER II\n\nScope\n\nArticle 2\nAnimals imported for the purposes specified in the appendix to this Annex shall be granted temporary admission in accordance with Article 2 of this Convention. CHAPTER III\n\nMiscellaneous provisions\n\nArticle 3\nFor the facilities granted by this Annex to apply:\n\n\n\n\n\n\n(a)\n\n\nanimals must be owned by a person established or resident outside the territory of temporary admission;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\ndraught animals which are to be used for working on land situated in the frontier zone of the territory of temporary admission, must be imported by frontier zone inhabitants of the frontier zone adjacent to that of temporary admission. Article 4\n1. Temporary admission of the draught animals referred to in Article 3 (b) of this Annex and of animals imported for transhumance or grazing on land situated in the frontier zone shall be granted without a customs document or security being required. 2. Each Contracting Party may make the granting of temporary admission of the animals referred to in paragraph 1 of this Article subject to the production of an inventory, together with a written undertaking to re-export. Article 5\n1. Each Contracting Party shall have the right to enter a reservation, in accordance with Article 29 of this Convention, in respect of Article 4 (1) of this Annex. 2. Each Contracting Party shall also have the right to enter a reservation, in accordance with Article 29, of this Convention, in respect of items 12 and 13 in the appendix to this Annex. Article 6\nThe period for the re-exportation of animals shall be at least 12 months from the date of temporary admission. Article 7\nThe appendix to this Annex shall be construed to be an integral part thereof. Appendix\nList as per Article 2\n\n\n\n\n\n\n1. Dressage. 2. Training. 3. Breeding. 4. Shoeing or weighing. 5. Veterinary treatment. 6. Testing (for example, with a view to purchase). 7. Participation in shows, exhibitions, contests, competitions or demonstrations. 8. Entertainment (circus animals, etc. ). 9. Touring (including pet animals of travellers). 10. Exercise of function (police dogs or horses; detector dogs, dogs for the blind, etc. ). 11. Rescue operations. 12. Transhumance or grazing. 13. Performance of work or transport. 14. Medical purposes (delivery of snake poison, etc. ). ANNEX E\nANNEX CONCERNING GOODS IMPORTED WITH PARTIAL RELIEF FROM IMPORT DUTIES AND TAXES\nCHAPTER I\n\nDefinitions\n\nArticle 1\nFor the purposes of this Annex:\n\n\n\n\n\n\n(a)\n\n\n\ngoods imported with partial relief means:\ngoods which are mentioned in the other Annexes to this Convention but which do not fulfil all the conditions stipulated therein for the granting of temporary admission with total relief from import duties and taxes, and goods which are not mentioned in such other Annexes and which are imported to be temporarily used for, for example, production or work projects;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\n\npartial relief means:\nrelief from payment of a part of the total amount of import duties and taxes which would otherwise be payable had the goods been cleared for home use on the date on which they were placed under the temporary admission procedure. CHAPTER II\n\nScope\n\nArticle 2\nThe goods referred to in Article 1 (a) of this Annex shall be granted temporary admission with partial relief in accordance with Article 2 of this Convention. CHAPTER III\n\nMiscellaneous provisions\n\nArticle 3\nFor the facilities granted by this Annex to apply, goods imported with partial relief must be owned by a person established or resident outside the territory of temporary admission. Article 4\nEach Contracting Party may draw up a list of goods which are entitled to, or excluded from, the benefit of temporary admission with partial relief. The depositary of this Convention shall be notified of the content of this list. Article 5\nThe amount of import duties and taxes chargeable under this procedure may not exceed 5%, for every month or fraction of a month during which the goods have been placed under the procedure of temporary admission with partial relief, of the amount of import duties and taxes which would have been chargeable had the goods been cleared for home use on the date on which they were placed under the temporary admission procedure. Article 6\nThe amount of import duties and taxes to be charged shall in no case exceed that which would have been charged if the goods concerned had been cleared for home use on the date on which they were placed under the temporary admission procedure. Article 7\n1. The amount of import duties and taxes due under this Annex shall be levied by the competent authorities when the procedure is discharged. 2. Where, in accordance with Article 13 of this Convention, the temporary admission procedure is terminated by clearance for home use, the amount of any import duties and taxes already charged on partial relief shall be deducted from the amount of import duties and taxes to be paid as a result of clearance for home use. Article 8\nThe period for the re-exportation of goods imported with partial relief shall be determined taking into account the provisions of Articles 5 and 6 of this Annex. Article 9\nEach Contracting Party shall have the right to enter a reservation, in accordance with Article 29 of this Convention, in respect of Article 2 of this Annex, in so far as it relates to partial relief from import taxes. ANNEX II\nRESERVATIONS\nThe Community accepts the Annexes to the Istanbul Convention subject to the following reservations:\n\n\n\n\n\n\n\u2014\n\n\n\nAnnex A\n\nPursuant to Article 18 (1), postal traffic shall not be covered by Community legislation relating to the ATA carnet. \u2014\n\n\n\nAnnex B. 3\n\nPursuant to Article 7, in respect of Article 5 (1), Community legislation requires, in certain circumstances, production of a customs document and the provision of security for containers, pallets and packings. \u2014\n\n\n\nAnnex B. 5\n\nPursuant to Article 6, in respect of Article 4, as concerns scientific equipment and pedagogic material, Community legislation stipulates that such equipment and material must be subjected to the normal formalities for being placed under the arrangements for temporary admission. \u2014\n\n\n\nAnnex C\n\nPursuant to Article 10, in respect of Article 6, as concerns motor road vehicles for commercial use and means of transport for private use, Community legislation stipulates that a customs document, together with, where called for, security may be required in certain cases. \u2014\n\n\n\nAnnex E\n\nPursuant to Article 9, in respect of Article 2, as concerns the partial relief from import taxes, Community legislation provides for partial relief from import duties, but it does not provide for partial relief from import taxes. ANNEX III\nNOTIFICATIONS\nIn accordance with Article 24 (6) of the Istanbul Convention, the European Community hereby notifies the Secretary-General of the Customs Cooperation Council, as depositary of the said Convention, that:\n\n\n\n\n\n\n\u2014\n\n\nfor the purposes of Article 8 of the Convention, the Community authorizes the transfer of the benefit of the temporary admission procedure to any other person, on the conditions set out in the said Article,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nfor the purposes of Article 24 (7) of the Convention, the Community, as a customs or economic union, is competent for all the matters governed by the Convention, except:\n\n\n\n\n\n\n\u2014\n\n\ndetermination of the duties, taxes, fees or other charges referred to in Article 1 (b) of the Convention other than Community customs duties, charges having equivalent effect to Community customs duties, agricultural levies or other import charges provided for under the Community's agricultural policy,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nnotifications pursuant to Article 30,\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nfor the purposes of Article 2 (2) and (3) of Annex A, the Community accepts temporary admission papers for temporary admission operations under its own laws and regulations and for customs transit,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nfor the purposes of Article 4 of Annex E, the Community maintains a list of goods excluded from the benefit of temporary admission with partial relief, the content of which it will notify to the depositary of the Convention. For the purposes of Article 18 of the Convention, the territory of the Community must be taken to be a single territory in respect of the matters within its competence, in accordance with the abovementioned notification pursuant of Article 24 (7) of the Convention. ANNEX IV\nACCEPTANCE OF THE RECOMMENDATIONS OF THE CUSTOMS COOPERATION COUNCIL\nFor the purposes of Annexes A and C to the Istanbul Convention, the Community hereby notifies the Secretary-General of the Customs Cooperation Council that it accepts the Customs Cooperation Council Recommendation of 25 June 1992 concerning acceptance of the ATA carnet for the temporary admission procedure and the Customs Cooperation Council recommendation of the same date concerning acceptance of the CDP carnet for the temporary admission procedure, within the periods and on the conditions laid down in those recommendations. The Community will apply the recommendations in its relations with parties to the Conventions referred to in the said recommendations which have also accepted them"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/a2ebea94-c804-47f5-affc-131b981b19fa", "title": "Council Directive 90/427/EEC of 26 June 1990 on the zootechnical and genealogical conditions governing intra-Community trade in equidae", "langIdentifier": "ENG", "mtypes": "fmx4,html,pdfa1b,print,xhtml", "workTypes": "http://publications.europa.eu/ontology/cdm#directive,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1990-06-26", "subjects": "artificial insemination,equidae,intra-EU trade,live animal,zootechnics", "workIds": "celex:31990L0427,oj:JOL_1990_224_R_0055_017", "eurovoc_concepts": ["artificial insemination", "equidae", "intra-EU trade", "live animal", "zootechnics"], "url": "http://publications.europa.eu/resource/cellar/a2ebea94-c804-47f5-affc-131b981b19fa", "lang": "eng", "formats": ["fmx4", "html", "pdfa1b", "print", "xhtml"], "text": "L_1990224EN. 01005501. xml\n\n\n\n\n\n\n\n\n\n\n18. 8. 1990\u00a0\u00a0\u00a0\n\n\nEN\n\n\nOfficial Journal of the European Communities\n\n\nL 224/55\n\n\n\n\n\nCOUNCIL DIRECTIVE\nof 26 June 1990\non the zootechnical and genealogical conditions governing intra-Community trade in equidae\n(90/427/EEC)\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES,\nHaving regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,\nHaving regard to the proposal from the Commission\u00a0(1),\nHaving regard to the opinion of the European Parliament\u00a0(2),\nHaving regard to the opinion of the Economic and Social Committee\u00a0(3),\nWhereas equidae, being live animals, are included in the list of products in Annex II to the Treaty;\nWhereas in order to ensure the rational development of equidae production, thereby increasing productivity in that sector, rules governing the marketing of equidae in intra-Community trade must be laid down at Community level;\nWhereas the breeding and rearing of equidae and in particular of horses is generally included in the farming sector; whereas it constitutes a source of income for part of the farming population and should therefore be encouraged;\nWhereas satisfactory results in that respect depend largely on the use of equidae registered in stud books maintained by officially approved organizations or associations;\nWhereas disparities exist as regards entry in studbooks; whereas those disparities constitute a barrier to trade within the Community; whereas complete liberalization of trade calls for further harmonization, particularly regarding entry in studbooks;\nWhereas intra-Community trade in registered equidae should be progressively liberalized; whereas complete liberalization of trade requires further additional harmonization, in particular as regards approval for the purpose of off-farm mating and the use of semen and ova in accordance with the characteristics of each studbook;\nWhereas it is necessary to draw up, in accordance with a Community procedure, a harmonized model zootechnical origin and identification certificate;\nWhereas the name of an animal is an essential factor in identifying equidae; whereas it is often impossible to trace an animal's descent and monitor its progress if its name is changed at a new owner's request; whereas the rules regarding the naming of equidae should be harmonized, in particular in order to prevent unfair practices;\nWhereas provisions should be introduced preventing equidae from third countries from being imported on terms which are less stringent than those applicable within the Community;\nWhereas it is advisable to adopt implementing measures regarding certain technical aspects; whereas, for the purposes of the measures envisaged, provision should be made for close and effective cooperation between Member States and the Commission within the Standing Committee on Zootechnics,\nHAS ADOPTED THIS DIRECTIVE:\nCHAPTER I\n\nGeneral provisions\n\nArticle 1\nThis Directive lays down the zootechnical and genealogical conditions governing intra-Community trade in equidae, their semen, ova and embryos. Article 2\nFor the purposes of this Directive:\n\n\n\n\n\n\n(a)\n\n\n\u2018quidae\u2019 means domestic animals of the equine or asinine species or crossbreeds thereof;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\n\u2018registered equidae\u2019 means equidae which are entered or registered and eligible for entry in a studbook, in accordance with the rules laid down pursuant to Article 4 (2) (b) and identified by means of the identification document provided for in Article 8 (1);\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\n\u2018studbook\u2019 means any book, register, file or data medium:\n\n\n\n\n\n\n\u2014\n\n\nwhich is maintained either by an organization or an association officially approved or recognized by a Member State or by an official agency of the Member State concerned, and\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nin which equidae are entered or registered with mention of all their known ascendants. Article 3\nIntra-Community trade in equidae and their semen, ova and embryos may not be prohibited or restricted on zootechnical or genealogical grounds other than those resulting from application of this Directive. However, in the case of intra-Community trade in registered equidae, their semen, ova and embryos, national provisions which comply with the general rules of the Treaty shall be maintained pending the entry into force of the relevant Community decisions referred to in Articles 4 and 8. CHAPTER II\n\n\nGenealogical rules relating to registered equidae\n\n\nArticle 4\n\n1. The following principles shall be taken into account when the decisions referred to in paragraph 2 are adopted:\n\n\n\n\n\n\n(a)\n\n\nthe recognition or approval of organizations and associations which maintain or establish studbooks shall be subject to compliance with the principles laid down by the organization or association which maintains the studbook of the origin of the breed;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe criteria for entry and registration in studbooks shall be laid down on the basis of the characteristics of the breed and in particular for certain pure breeds of the need to regulate the entry and registration of equidae produced using artificial reproduction methods. 2. The Commission shall establish under the procedure laid down in Article 10 and in accordance with the principles set out in paragraph 1:\n\n\n\n\n\n\n(a)\n\n\nthe criteria for the approval or recognition of organizations and associations which maintain or establish studbooks;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe criteria for entry and registration in studbooks;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nif necessary, the criteria and methods used to identify registered equidae;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nthe criteria for drawing up the certificate of origin and the identification document referred to in Article 8;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nif necessary, rules to ensure coordination between the organizations or associations referred to in Article 5. Article 5\nThe list of organizations and associations maintaining or establishing studbooks, which are recognized on the basis of the criteria to be determined in accordance with Article 4 (2) (a) and subsequent updatings, shall be communicated to the Commission and the other Member States within the Standing Committee on Zootechnics. Article 6\n1. In intra-Community trade, equidae, which are registered in the Member State of dispatch must, except where a derogation has been agreed by common accord between the two organizations or associations concerned, be registered or entered in the appropriate studbook of the Member State of destination under the same name, with an indication, in accordance with international agreements, of the initial(s) of the country of foaling. 2. Where the constitution of the organizations or associations so permits:\n\n\n\n\n\n\n\u2014\n\n\nthe original name of the animal may be preceded or followed by another name on a provisional or permanent basis, provided that throughout the animal's life the original name is retained in brackets and that the country of birth is indicated by means of the initial(s) recognized by international agreements,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nalternative measures may be taken to safeguard the continued identity of the animal in accordance with procedures to be determined by the Commission under the procedure laid down in Article 10. CHAPTER III\n\n\nZootechnical rules relating to registered equidae\n\nArticle 7\nThe Commission, may, in so far as may be necessary to ensure uniform application of the provisions of this Directive and in compliance with the principles laid down in Article 4 (1), determine in accordance with the procedure laid down in Article 10:\n\n\n\n\n\n\n(a)\n\n\nthe methods of monitoring performance and assessing the genetic value of breeding animals;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\non the basis of the methods referred to in (a), the general criteria for the approval of a male breeding animal or, if appropriate, of a female breeding animal for the purposes of breeding and using their semen, ova or embryos. Article 8\nMember States shall ensure that:\n\n\n\n\n\n\n1. in their movements, registered equidae are accompanied by an identification document drawn up by the Commission in accordance with the procedure laid down in Article 10 and issued by the organizations or associations referred to in Article 5 of this Directive and Article 2 (c) of Directive 90/426/EEC of 26 June 1990, on animal health conditions governing the movement between Member States and import from third countries of equidae\u00a0(4). The identification document, to be drawn up in the Community languages, for registered horses must include at least the information indicated in the Annex; that information may be supplemented or amended in accordance with the procedure laid down in Article 10;\n\n\n\n\n\n\n\n\n\n\n2. When they are marketed, the semen, ova and embryos of registered equidae are accompanied by a zootechnical certificate of origin and identification issued by the competent authority at least in the language of the country of destination and conforming to a model to be drawn up by the Commission in accordance with the procedure laid down in Article 10. Final provisions\n\nArticle 9\nPending implementation of relevant Community rules, the conditions applicable to imports of equidae and their semen, ova and embryos from third countries must not be more favourable than those governing intra-Community trade. Article 10\nWhere the procedure laid down in this Article is to be used, the Standing Committee on Zootechnics set up by Decision 77/505/EEC\u00a0(5), shall act in accordance with the rules set out in Article 11 of Directive 88/661/EEC\u00a0(6). Article 11\nThe Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 1991 at the latest. They shall forthwith inform the Commission thereof. Article 12\nThis Directive is addressed to the Member States. Done at Luxembourg, 26 June 1990. For the Council\n\n\nThe President\n\nM. O'KENNEDY\n\n\n\n\n(1)\u00a0\u00a0OJ No C 327, 30. 12. 1989, p. 61. (2)\u00a0\u00a0OJ No C 149, 18. 6. 1990. (3)\u00a0\u00a0OJ No C 62, 12. 3. 1990, p. 46. (4)\u00a0\u00a0See page 42 of this Official Journal. (5)\u00a0\u00a0OJ No L 206, 12. 8. 1977, p. 11. (6)\u00a0\u00a0OJ No L 382, 31. 12. 1988, p. 16. ANNEX\nMINIMUM INFORMATION IN THE IDENTIFICATION DOCUMENT"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/f5371444-8b36-4cdb-a5ce-58c1ebef2552", "title": "Written Question No. 1490/90 by Mrs Anita Pollack to the Commission of the European Communities. Walrus hunting for the ivory trade", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,POLLACK", "date": "1990-06-21", "subjects": "Canada,United States,animal product,hunting,jewellery and goldsmith's articles,marine mammal,protected species,protection of animals", "workIds": "celex:91990E001490", "eurovoc_concepts": ["Canada", "United States", "animal product", "hunting", "jewellery and goldsmith's articles", "marine mammal", "protected species", "protection of animals"], "url": "http://publications.europa.eu/resource/cellar/f5371444-8b36-4cdb-a5ce-58c1ebef2552", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/c32736cd-b65e-4590-a26d-d0116e27e886", "title": "Written Question No. 1519/90 by Mr Madron Seligman to the Commission of the European Communities. EC Directive on bathing waters", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,SELIGMAN", "date": "1990-06-21", "subjects": "EU law,bathing water,pleasure craft,saltwater,sport,water pollution", "workIds": "celex:91990E001519", "eurovoc_concepts": ["EU law", "bathing water", "pleasure craft", "saltwater", "sport", "water pollution"], "url": "http://publications.europa.eu/resource/cellar/c32736cd-b65e-4590-a26d-d0116e27e886", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/547dd0d3-0d47-4a21-8fab-32952d0659fd", "title": "Council Directive 90/385/EEC of 20 June 1990 on the approximation of the laws of the Member States relating to active implantable medical devices", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#directive,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1990-06-20", "subjects": "EC conformity marking,approximation of laws,health control,market approval,medical device", "workIds": "celex:31990L0385,oj:JOL_1990_189_R_0017_005", "eurovoc_concepts": ["EC conformity marking", "approximation of laws", "health control", "market approval", "medical device"], "url": "http://publications.europa.eu/resource/cellar/547dd0d3-0d47-4a21-8fab-32952d0659fd", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/f6864ef4-38da-470c-8f0b-105b6654ed4a", "title": "Commission Regulation (EEC) No 1663/90 of 20 June 1990 amending Regulation (EEC) No 1385/88 laying down special detailed rules for the application of the system of import licences for fresh sour cherries originating in Yugoslavia", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1990-06-20", "subjects": "Yugoslavia,import licence,originating product,stone fruit", "workIds": "celex:31990R1663,oj:JOL_1990_155_R_0020_040", "eurovoc_concepts": ["Yugoslavia", "import licence", "originating product", "stone fruit"], "url": "http://publications.europa.eu/resource/cellar/f6864ef4-38da-470c-8f0b-105b6654ed4a", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/c178dc10-4130-4717-9617-084519e07f9c", "title": "Commission Regulation (EEC) No 1664/90 of 20 June 1990 opening and providing for the administration of Community tariff quotas for certain agricultural products originating in the African, Caribbean and Pacific States or in the overseas countries and territories (1990/91)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1990-06-20", "subjects": "fruit vegetable,overseas countries and territories,soft fruit,tariff quota", "workIds": "celex:31990R1664,oj:JOL_1990_155_R_0022_041", "eurovoc_concepts": ["fruit vegetable", "overseas countries and territories", "soft fruit", "tariff quota"], "url": "http://publications.europa.eu/resource/cellar/c178dc10-4130-4717-9617-084519e07f9c", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/83a7fe39-ea8f-483d-959e-d22a0988ed53", "title": "Council Regulation (EEC) No 1715/90 of 20 June 1990 on the information provided by the customs authorities of the Member States concerning the classification of goods in the customs nomenclature", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1990-06-20", "subjects": "classification,customs regulations,information,tariff nomenclature", "workIds": "celex:31990R1715,oj:JOL_1990_160_R_0001_021", "eurovoc_concepts": ["classification", "customs regulations", "information", "tariff nomenclature"], "url": "http://publications.europa.eu/resource/cellar/83a7fe39-ea8f-483d-959e-d22a0988ed53", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/d3b1e966-3a3b-4e59-9409-b6624cb749d8", "title": "PROPOSAL FOR A COUNCIL REGULATION ( EEC ) LAYING DOWN MEASURES TO BE TAKEN TO DISCOURAGE THE DIVERSION OF CERTAIN SUBSTANCES TO THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1990-06-20", "subjects": "International Narcotics Control Board,administrative cooperation,drug traffic,international trade,narcotic,psychotropic substance", "workIds": "celex:51990PC0215,comnat:COM_1990_0215_FIN", "eurovoc_concepts": ["International Narcotics Control Board", "administrative cooperation", "drug traffic", "international trade", "narcotic", "psychotropic substance"], "url": "http://publications.europa.eu/resource/cellar/d3b1e966-3a3b-4e59-9409-b6624cb749d8", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nC0MC90) 215 final \n\nBrussels, 20 June 1990 \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\nlaying down measures to be taken to discourage the diversion of \n\ncertain substances to the illicit manufacture of \n\nnarcotic drugs and psychotropic substances \n\n(presented by the Commission) \n\n\f- 2 -\n\nEX PL. A N AT OR Y ME M OS A N. D U M. A ,^,. \u201e\u201eG ei r \\ er al observa t ion s, \n\n1. On 8 June 1989, the Community signed the 1988 UN \nConvention against Illicit Trafficking in Narcotic Drugs and \nPsychotropic Substances, on the basis of its competences in \nmatters covered by Article 12. All Member States of the \nCommunity have in the meantime also signed the Convention. 2. Article 12 of the Convention requires Parties to take \nappropriate measures to prevent the diversion of precursors. Precursors are chemical products, in particular solvents or \nacids (ether, acetone, ephedrine) which in the main are the \nsubject of legitimate trade (manufacture of paint, glue, \nvarnish. ), but which can equally serve the illegal \nmanufacture of drugs. In effect, the manufacture of certain \ndrugs or psychotropic substances is impossible without the \nuse of certain chemical substances which make it possible, \nfor example, to use natural sources (poppies, coca \nleaves. ) to manufacture drugs such as heroin or cocaine, \nor yet, can be used in the manufacture of synthetic drugs \n(LSD, amphetamines. ) \nThese chemical substances are called precursor products and \nconsist mainly of solvents or acids originating in the \nchemical industry. 3. The extent cf the traffic \n\nAccording to the DEA (Drug Enforcement Administration) of \nthe United States, cocaine traffickers need between 6,000 \ntonnes and 12,000 tonnes per year of chemical products to \nprocess the coca leaves, whereas American production of \nthese products is about 60,000 tonnes. According to them, in \n1988 most of these products came from the USA; Europe was \nthen a secondary supplier along with Brazil, Argentina and \nthe Peoples Republic of China. That means that 10 to 20% of \nthe American production was either illegal or was being \ndiverted, mostly without the knowledge of the manufacturers. There is no precise data concerning the Community, but \naccording to American sources, a very large increase (+438% \nfor certain products) in supplies originating either \ndirectly or indirectly in Europe has taken place in 1989. This coincides with the entry into force of new American \nlegislation which, by indirect consequence, provides an \nincentive for the traffickers to search for supplies in \nplaces where the risks are less, specifically in. Europe. The \nprincipal countries concerned are the Federal Republic of \nGermany, France, Italy, the Netherlands and the United \nKingdom. The majority of the consignments are routed via the \nFederal Republic of Germany. As to the companies concerned, \nit affects not only the producers and manufacturers, but \n\n\f- 3 -\n\nalso the merchants, brokers, forwarding agents and other \nintermediaries. Concerning only the producers, the DEA \nestimates that there are 950 in the world, 490 in the USA. In this way the DEA controls for their part, 2500 \ntransactions per year, an average of 15 per day. 4. Precursor monitoring in the meantime is considered \nworldwide a necessary and appropriate means of discouraging \nmanufacture and thus reducing supply of illicit drugs. It \n\ncountries \u00ab- \n\nAmerican drug producing \nparticular, during the negotiations of the 1988 Convention \nand again in the Cartagena Declaration of 15 February 1990. Politically, the proposed regulation has thus to be seen as \nan important contribution by industrialized countries in the \nNorth-South dialogue. For these reasons, the adoption of a \nCommunity precursor instrument has been recognized by CELAD \nas one of the three priority items in Community anti-drug \naction. ,. \u201e,-. ^--*. ,. t \n\n5. At the same time, it is noted that - unlike drugs strictu \nsensu - only a very minor share of the substances concerned \nis subject to illicit diversion whereas most of the trade \nand manufacture is entirely legitimate. Therefore, an \nefficient monitoring system must not unilaterally be based \non enforcement considerations but duly take into account the \ninterests of legitimate trade. 6. The proposed Regulation intends to institute, on a \nCommunity basis, a monitoring system over international \nprecursor trade as required by Article 12 of the Convention. In conformity with the Council Decision of 1 June 1989 and \nthe requirements of the Single Market of 1993, the proposal \nenvisages a non-bureaucratic and cooperation-based solution \nwhich at the same time avoids the creation new obstacles to \nintra-Community trade. In due consideration of areas covered \nby Member States' competence, the proposal in a number of \ninstances limits itself to the identification of certain \nobjectives to be met by national legislation. 7. The proposal has intentionally avoided to introduce any \nsort of licensing arrangement which would not only \ncontradict the non-bureaucratic character of the system \nagreed at the Council but also prove to be counterproductive \non the practical level. Past experience in Member States in \nthe monitoring of precursors and other sensitive goods has \nshown that the most fruitful cooperation and the best \nresults are obtained whenever economic operators are guided \nby competent authorities in the collection and exploitation \n\n\f4 -\n\nof information rather than if their cooperative spirit is \nexhausted by the completion of formal administrative \nprocedures. Licensing systems, in particular with regard to export, do \nnot provide for any additional guarantee against diversion \nto illicit purposes: experience again shows that licensing \nrequirements may easily be circumvented by misdescription of \ngoods or falsified documents, and due to extremely sporadic \nexport controls, such manipulations are not likely to be \ndetected. Furthermore, the present proposal allows competent \nauthorities to react in cases of possible diversion as \nfirmly as under any licensing system, ie shipments to non-\nCommunity countries may be suspended or even forbidden if \ndiversion to illicit purposes appears certain. 8. This approach differs in certain aspects from that of the \nUSA, because of the differences between the European drugs \nmarket and that of the USA (type of products consumed, \npercentage of drug addicts in the population, geographical \nsituation, population involved. ). In this way, the \nAmerican legislation is more extensive as regards the list \nof products covered (20 products as against 12), whereas the \nCommunity text is limited, in accordance with the unanimous \nadvice of experts, to the list foreseen by the Vienna \nConvention. Again the American legislation covers certain \nmaterials and equipment (tableting machines, encapsulating \nmachines) which concern above all certain synthetic drugs \n(amphetamines) within the context of domestic production. It \nconsists, moreover, of numerous details of a bureaucratic \nnature which have no place in Community legislation, and \nwhich are linked to the administrative organisation of each \nMember State. It includes, finally, a very large number of \npoints on the matter of penalties, which are difficult to \nimagine in the drafts of a Community text which is limited \nto establishing a corresponding obligation for Member States \nas has been done in the matter of insider dealing. - 5 -\n\nContents of the Regulation \n\n1. In conformity with the UN Convention, the proposed \nregulation distinguishes between two types of precursors (cf \nTable I and Table II in the Annex), ie those with limited \nuse for licit purposes (Table I substances) and others with \nessential importance for legitimate commercial use (Table II \nsubstances). Both categories of precursors are subject to \nthe general monitoring scheme laid down in this Regulation \nwhereas the more stringent measures of Article \n4 apply to \nTable I substances only. 2. On the basis of this principal distinction. Regulation contains the following features (1): \n\nthe \n\na. Article 1_ determines the scope of the Regulation, ie \nmonitoring of external Community trade, and defines a number \nof terms essential for its application. b. Considering that preventive measures as well as the \ntracing of diverted substances will be primarily be carried \nout on the basis of documentary evidence. Article 2 requires \nthat economic operators keep appropriate records and \ndocumentation, and label goods clearly and ensures that \ncompetent authorities obtain access to documents and records \nfor verification purposes (9d,e UNC). c. Article 3. containing the centerpiece of the standard \nmonitoring scheme, reflects the cooperation-based approach \nby stimulating economic operators as well as other persons \nprofessionally involved to inform authorities of any \ncircumstance indicating the possibility of diversion (9a \nU N O. Paragraph 3 ensures that such disclosure done in good \nfaith does not lead to legal disadvantages for the \ninformant. d. Article 4 (10a U NO establishes the specific export \nsurveillance scheme with regard to Table I substances whose \nintroduction by industrialized countries represented one of \nthe main items in North-South discussions during the Vienna \nnegotiations. Paragraph 1 contains the principle of \nobligatory pre-export notification by operators vis-\u00e0-vis \nnational monitoring authorities, paragraph 2 providing for \nthe exact content of such notifications ( 10a i)-iv) U N O. Although no export licensing system is foreseen, paragraph 3 \nempowers monitoring authorities to suspend or even interdict \nshipment according to the degree of doubt regarding \nlegitimate destination of the substances involved. Paragraph \n4 provides for routine communication of these notifications \nto the country of intended import whenever the latter has \nrequested such communication from the Community. e \u2022 Article 5. intends to facilitate the application of the \nwith \nRegulation by \nsufficient powers such as inspection, search and seizure (9b \nUNC). Specific powers are given to border authorities by \n\nauthorities \n\nmonitoring \n\nsupplying \n\n1 numbers in brackets refer to corresponding paragraphs in \n\nthe UN Convention (UNO \n\n\f- 6 -\n\nparagraph 2, in order to allow suspect consignments to be \nstopped before they leave or enter the Community territory. f- Article 6 covering intra-Community cooperation between \nmonitoring authorities refers mutatis mutandis to Regulation \n(EEC) 1468/81 on mutual assistance in customs and \nagricultural matters, thus providing not only for a well-\nestablished mechanism in administrative assistance but also \nfor due protection of confidentiality with regard to all \ninformation obtained and circulated under this Regulation. 9- Art icie 7 (9c UNC) complements Article 6 on the \ninternational level by ensuring that information on suspect \nconsignments be passed on to other parties to the UN \nConvention concerned. h. Final Clauses: \n\nArticle 8, although avoiding interference with Member \nStates' competence in criminal matters, ensures that \ninfringements of this Regulation be subject, Community-wide \nto appropriate penalties. Article 9 (12 U NO serves to fulfill the annual reporting \nobligations towards the UN, with the Commission acting as \nCommunity co-ordinating body. Article 10 provides for a Community forum to examine \ntechnical questions relating to the application of the \nRegulation. Taking into account the directive-type parts of the \nRegulation, Article 1 1 requires Member States to report the \nimplementing measures taken, whereas Article 12 for the same \nreason provides for a split-up between entry into force and \nentry into application. \" 7 \n\n\" \n\nProposal \n\nf or a \n\n\u00c7 o UJI\u00c7JLL-. Re. g. ula. t i o_n_ JJEJECJ, \n\nl a y i ng down m e a s u r es \n\nto be taken to discourage the diversion of c e r t a in \n\ns u b s t a n c es \n\nto \n\nt he \n\ni l l i c it m a n u f a c t u re of n a r c o t ic d r u gs and \n\npsychotropic substances. THE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European \n\nEconomic Community, and in particular Article 113 thereof. Having regard to the proposal from the Commission (1) \n\nWhereas on 19 December 1988, the United Nations Conference \n\nadopted a Convention against Illicit Traffic in Narcotic \n\nDrugs and Psychotropic Substances; whereas this Convention is \n\npart of the world-wide efforts to combat drugs; whereas the \n\nCommunity participated in the negotiation of this \n\nConvention, showing its political will to act within the \n\nlimits of its competences; \n\n1 OJ No C \n\n,p. - 8 -\n\nUhereas the \n\naforementioned Convention contains an Article \n\n12 concerning trade in precursors, ie substances frequently \n\nused in the illicit manufacture of narcotic drugs and \n\npsychotropic substances; whereas the implementation of this \n\nArticle represents a contribution by industrialized \n\ncountries to the effort requested from drug-producing \n\ncountries which are generally much poorer than the former; whereas the \n\nprovisions on the trade in such precursors affect the \n\nCommunity rules in. customs matters; whereas, on this basis, \n\nthe Convention was signed on behalf of the Community on 8 \n\nJune 1989; whereas it is thus appropriate, in order to \n\nconcretize this political will, to lay down Community rules \n\non the trade between the Community and third countries, \n\nwithout prejudice to other provisions to be elaborated as \n\nregards intra-Community trade; \n\nUhereas the provisions of Article 1 2 of the Convention are based on a system \n\nmonitoring trade in the substances in question; whereas most of \n\nthe trade in these substances is fully legitimate; whereas \n\ndocumentation and possible labelling as regards consignments \n\nof these substances have to be sufficiently clear; whereas \n\nit is furthermore important, whilst providing competent \n\nauthorities with the necessary means of action, to develop, \n\nin compliance with the spirit of the Convention, mechanisms \n\nwhich are based on close cooperation with the economic \n\noperators concerned as well as on the development of the \n\ngathering, exchange and exploitation of intelligence; \n\n\f- 9 -\n\nUhereas, in this framework, measures have to be taken to \n\nencourage the detection, by the various operators, of \n\nsuspect operations and their cooperation with the competent \n\nauthorities; whereas a system of pre-notification on \n\nconsignments of certain substances, providing for the \n\npossibility of suspending or forbidding the operations in \n\nquestion under certain conditions, appears most appropriate \n\nto the situation; whereas several countries have already \n\nobtained very positive results favouring this approach; \n\nUhereas the \n\ncompetent \n\nauthorities \n\naf \n\nMember \n\nStates should dispose of comparable means of action; whereas \n\nit is thus indispensable to establish, at Community level, \n\ncommon objectives in the matter; whereas this aspect is \n\nessential in the perspective of the completed internal \n\nmarket and in order to ensure the homogeneous application of \n\nthe rules established; whereas it is also important, in this \n\ncontext, that each Member State provides for sufficiently \n\ndissuasive penalties; \n\nUhereas it is important to provide, w'i t h i h the Community as \n\nwell as with third countries which. are. also. Parties to the \n\nConvention, \n\nmechanisms \n\nof \n\nadministrative \n\ncooperation; whereas it is suitable in this respect, as far as \n\nthe competent authorities in the Community are concerned, to \n\nseek inspiration from Council Regulation (EEC) No 1468/81 of 19 May \n\n1981 on mutual assistance between the administrative \n\nauthorities of the Member States and cooperation between the \n\n\f- 10 \n\n-\n\nl a t t er and \n\nt he Commission \n\nto e n s u re \n\nt he c o r r e ct a p p l i c a t i on \n\nof \n\nt he \n\nlaw on customs and a g r i c u l t u r al m a t t e rs \n\n(2), as amended \n\nby R e g u l a t i on \n\n(EEC) 9 4 5 / 87 \n\n( 3 ); whereas particular attention has to be paid to \n\nthe c o n f i d e n t i a l i ty of the information received and exchanged; \n\nUhereas \n\nin o r d er \n\nto examine p o s s i b le p r o b l e ms c o n c e r n i ng \n\nt he \n\na p p l i c a t i on of \n\nt h is R e g u l a t i on and \n\nto enhance \n\ni ts \n\ni m p l e m e n t a t i on and \n\nt he d e v e l o p m e nt of a d m i n i s t r a t i ve \n\nc o o p e r a t i on \n\nin \n\nt he m a t t e r, \n\nit \n\nis appropriate \n\nto p r o v i de \n\nt h at \n\nt he Commission o r g a n i z es s p e c i f ic m e e t i n g s; \n\nHAS ADOPTED T H IS REGULATION: \n\n2 OJ No L 1 4 4 ,- \n\n0 2. 0 6. 1 9 8 1, \n\np. 1, \n\n3 OJ No L \n\n9 0, \n\n0 2. 0 4. 1 9 8 7, p. 3. - 11 -\n\nTITLE I \n\nGeneral \n\nArticle 1 \n\n1. This Regulation lays down measures to be taken in order \n\nto monitor trade in precursors between the Community \n\nand \n\nthird \n\ncountries with a view to preventing the \n\ndiversion of such substances for the illicit manufacture of \n\nnarcotic drugs and psychotropic substances. 2. For the purposes of this Regulation: \n\n(a) \"scheduled substances\" means any substance con \n\ntained \n\nin \n\nthe \n\nAnnex, \n\nincluding \n\nmixtures \n\ncontaining \n\nsuch \n\nsubstances. This \n\nexcludes \n\npharmaceutical \n\npreparations, \n\nor \n\nother \n\npreparations \n\ncontaining scheduled substances that are compounded in such \n\na way that such substances cannot be easily used or \n\nrecovered by readily applicable means; \n\ncb) \"import\" means any physical introduction of scheduled \n\nsubstances into the customs territory of the Community; \n\n\f- 12 -\n\n(c) \"export\" means any physical departure of scheduled \n\nsubstances from the customs territory of the Community which \n\nrequires a customs export declaration) \n\n(d) \"transit\" means any transport of scheduled substances \n\nbetween. third \n\ncountries \n\nthrough \n\nthe \n\ncustoms \n\nterritory of the Community and any transhipment in this \n\nterritory; \n\n(e) \"operator\" means any natural or legal person engaged in the \n\nmanufacture, production, trade or distribution of scheduled \n\nsubstances in the Community or involved in other related \n\nactivities such as import, export, transit, broking and \n\nprocessing \n\nof \n\nscheduled \n\nsubstances. This \n\ndefinition \n\nincludes, in particular, customs agents, \n\n(f) \"UN Convention\" means the United Nations Convention \n\nagainst Illicit Traffic in Narcotic Drugs and Psychotropic \n\nSubstances, adopted in Vienna on 19 December 1988! \n\n(g) \"International Narcotics Control Board\" means the Board \n\nestablished by the Single Convention on Narcotic Drugs of \n\n1961, as amended by the 1972 Protocol. - 13 -\n\nTITLE II \n\nMonitoring of trade \n\nArticle 2 \n\nDocumentation, records and labelling \n\nThe import, export and transit of scheduled substances are \n\nsubject to the following requirements: \n\n1. all import, export and transit operations shall be \n\nproperly documented. In particular, commercial documents \n\nsuch as invoices, cargo manifests, customs, transport and \n\nother \n\nshipping \n\ndocuments \n\nshall \n\ncontain \n\nsufficient \n\ninformation to positively identify the following: \n\n- the name of the scheduled substance as stated in the Annex \n\n- the quantity, weight, composition and content of the scheduled \n\nsubstance \n\n- the name and address of the exporter and importer and, as far \n\nas is known to the manufacturer or distributor concerned, \n\nthat of the consignee; \n\n2. whenever operators apply labels to scheduled substances \n\nin import, export or transit operations such labels shall \n\nmention the names of these substances as stated in the \n\nAnnex; \n\n\f- 14 -\n\n3- operators involved in import, export and transit of \n\nscheduled substances shall keep detailed commercial records \n\nwith regard to these activities^ \n\n4. the documents and records referred to in ;points 1 and \n\n3 shall be \n\nkept \n\nfor a period not less than two \n\nyears \n\nfrom the end of the calendar year in which the \n\noperation referred to in \n\npoint. 1 took place, and shall \n\nbe made available to the competent authorities upon request. Article 3 \n\nNotification \n\n1. Each Member State shall take, consistently with its own \n\nlegal system, appropriate measures to encourage operators to \n\nimmediately notify the competent authorities of any \n\ncircumstances, such as unusual orders and transactions of \n\nscheduled substances, which indicate that such substances \n\ndestined for import or export may be diverted for the \n\nillicit manufacture of narcotic drugs or psychotropic \n\nsubstances. - 15 -\n\n2. In addition to the measures to be taken under paragraph \n\n1, each Member State shall take, consistently with its own \n\nlegal system, appropriate measures to encourage persons who \n\nsuspect, as a result of information obtained by virtue of \n\ntheir professional activities, that scheduled substances \n\nwhich have been or are to be imported or exported may be \n\ndestined for use in the illicit manufacture of a narcotic \n\ndrug or psychotropic substance, to inform the competent \n\nauthorities accordingly. 3. The disclosure in good faith to the competent authority \n\npursuant to paragraphs 1 and 2 above shall not constitute a \n\nbreach of any restriction on disclosure of information \n\nimposed by contract or by any Law, regulation or \n\nadministrative provision, and shall not involve any \n\ncivil or penal liability of any kind for the persons con \n\ncerned. This provision does not apply, in particular, to cases \n\nwhere disclosure is made to avoid prosecution or where \n\nmalice is intended. Article 4 \n\nP r e - e x p o rt n o t i f i c a t i on \n\n- Substances listed in Table 1 of the Annex \n\n1. In addition to the provisions of Article 3, persons who \n\ntake the initiative in any intended export of scheduled \n\nsubstances listed in Table I of the Annex shall ensure that the \n\ncompetent authorities of the Member State where the customs \n\nexport formalities are to be completed are duly notified of \n\n\f-16 -\n\nsuch intention not later than 15 days before any customs \n\nexport declaration is lodged. 2. The notification referred to in paragraph 1 shall contain \n\nthe following information: \n\n- the name and address of the exporter, of the importer in the \n\nthird country and any other operator involved in the export \n\noperatio'n or shipment, and also those of the consignee as \n\nfar as known to the operator concerned, \n\n- the name of the scheduled substance as stated in Table I of the Annex, \n\n- the quantity, weight, \n\ncomposition and content of the substance \n\nto be exported, \n\n- details as to the shipment such as expected date of \n\ndispatch, transport arrangements and, where known, \n\nitinerary, expected point of exit from the Community \n\ncustoms territory and point of eventual entry in the \n\nimporting country. 3. Member States shall ensure that the competent authorities \n\nreferred \n\nto \n\nin paragraph \n\n1 may \n\nby \n\nwritten \n\norder, \n\nconfirmation of receipt of which must be duly provided by \n\nthe person concerned: \n\n(a) delay the shipment of scheduled substances listed in Table I of the Annex \n\nuntil they are satisfied that the substances are destined \n\nfor lawful purposes; \n\n\f- 17 -\n\n(b) forbid the shipment of scheduled substances listed in Table I of tl \n\nAnnex, if there are \n\nreasonable grounds to suspect that the \n\nscheduled \n\nsubstances \n\nare \n\ndestined \n\nfor \n\nthe \n\nillicit \n\nmanufacture of narcotic drugs or psychotropic substances. Unless an order referred to in sub-paragraphs (a) and (b) is \n\nmade by the competent authority, the export is deemed \n\napproved upon expiration of the period of 15 days. A. Uith regard to requests for pre-export notification \n\naddressed to the Community by a \n\nthird country \n\npursuant to Article 12 (10) of the UN Convention, \n\n(a) the Commission shall immediately communicate to the \n\ncompetent authorities of the Member States any such request \n\nreceived ; \n\n(b) the competent authorities of the Member State concerned \n\nshall, prior to any export of scheduled substances to the \n\nrequesting country, supply the information specified in \n\nparagraph 2 to the competent authorities of this country. A \n\ncopy cf this r <v I y L\u00eehsll he cof. i\u00ef. un i ca t ec to the Commission \n\nwith -. view to. *. :. ; circulation to the other Member States; \n\n(c) the authority furnishing such information shall require \n\nthat the authority in the \n\nthird \n\ncountry \n\nreceiving \n\nthis information ensures the confidentiality of \n\nany trade, \n\nbusiness, commercial or professional secret or trade process \n\ninvolved. - 18 -\n\nTITLE III \n\nMeasures of control \n\nArticle 5 \n\nLegal powers of competent authorities \n\n1. In order to ensure the correct application of Articles 2 \n\nand 4, each Member State shall adopt, consistently \n\nwith \n\nits own legal system, the measures necessary to allow the \n\ncompetent authorities: \n\n(a) to obtain information on any orders or transactions of \n\nscheduled substances; \n\n(b) to enter and search professional premises of operators \n\nand to obtain evidence of irregularities; \n\n(c) to seize any scheduled substance if there is sufficient \n\nevidence that such substance, which has been or is to be \n\nimported, exported or in transit, is intended to be used in \n\nthe illicit manufacture of a narcotic drug or psychotropic \n\nsubstance. - 19 -\n\n2. Uithout prejudice to the measures laid down in \n\nArticle 4(3) \n\nand \n\nArticle \n\n5(1), the \n\ncustoms \n\nauthorities or other competent authorities of each Member \n\nState may prohibit the introduction of scheduled substances \n\ninto the Community customs territory or their departure from \n\nthe latter, if there are reasonable grounds to believe that \n\nthese substances are destined for the illicit manufacture of \n\nnarcotic drugs or psychotropic substances. TITLE IV \n\nAdministrative cooperation \n\nArt icle 6 \n\nFor the purposes of applying this Regulation and without \n\nprejudice to Article 10, the provisions of Regulation (EEC) \n\nNo 1468/81 shall be applicable mutatis mutandis, \n\nin particular the provisions on confidentiality. Each Member \n\nState shall communicate to the other Member States and to \n\nthe Commission the competent authority appointed to act as \n\ncorrespondent within the meaning of Article 2(2) of Regulation \n\n(EEC) No 1468/81. -20 -\n\nArticle 7, \n\nThe competent authorities referred to in Article 6 shall \n\nnotify \n\ntheir \n\ncounterparts \n\nin third \n\ncountries \n\nconcerned by the operation in question and parties to the UN \n\nConvention if there are reasonable grounds to suspect that \n\nthe import, export or transit of a scheduled substance is \n\ndestined for the illicit manufacture of narcotic drugs or \n\npsychotropic substances. Notifications shall include all \n\nessential information which has led to that belief. The \n\nprovisions on confidentiality laid down in Article 4 (4) (c) \n\napply to such notifications mutatis mutandis. A copy of this \n\nnotification shall be communicated to the Commission with a \n\nview to its circulation to the other Member States. TITLE V \n\nFinal provisions \n\nArt icle 8 \n\nEach Member State shall determine the penalties to be \n\napplied for the infringement of the provisions of this \n\nRegulation. The penalties shall be sufficient to promote \n\ncompliance with those provisions. - 21 -\n\nArticle 9 \n\n1. The competent authorities of each Member State shall \n\nannually communicate to the Commission: \n\n- the amounts of scheduled substances seized and, when \n\nknown, their origin; \n\n- any substance not. included \n\nin \n\nthe \n\nAnnex which is identified as having been used in illicit \n\nmanufacture of narcotic drugs or psychotropic substances, \n\nand which is deemed to be sufficiently significant to be \n\nbrought to the attention of the International Narcotics \n\nControl Board; \n\n- methods of diversion and illicit manufacture. 2. The Commission, on the basis of the communications \n\nmade pursuant to paragraph 1, shall, pursuant to Article 12(12) of \n\nthe UN Convention and in consultation with Member States, \n\ndraw up \n\nan annual report to be submitted to the \n\nInternational Narcotics Control Board. Article 10 \n\nThe \n\nCommission \n\nshall \n\norganize \n\nmeetings \n\nwith \n\nthe \n\nrepresentatives of Member States in order to examine any \n\nquestion concerning the application of this Regulation which \n\nis raised by the Chairman, either on his own initiative or \n\nor at the request of a Member State. - 22 -\n\nArtie le 1J \n\nEach Member State shall inform the Commission of the \n\nmeasures it takes pursuant to this Regulation. The Commission shall communicate this information to the \n\nother Member States. Article 12 \n\nThis Regulation shall enter into force on 1 January 1991. It \n\nshall apply from 1 July 1991. This Regulation shall be binding in its entirety and directly \n\napplicable in all Member States. Done at Brussels, \n\nFor the Counc i I \n\n\f- 23 -\n\nAnnex \n\nTable I \n\nEphedrine \n\nErgometrine \n\nErgotamine \n\nLysergic acid \n\nTable II \n\nAcetic anhydride \n\nAcetone \n\nAnthranilic acid \n\nEthyl ether \n\ni -phenyl-2-propanone \n\nPhenylacetic acid \n\nPseudoephedrine \n\nPiperidine \n\nThe salts of the substances \n\nThe salts of the substances \n\nlisted in this table whenever \n\nlisted in this table whenever \n\nthe existence of such salts is \n\nthe existence of such salts is \n\npossible. possible. ?< \n\nFINANCIAL RECORD \n\nDraft proposal for a Council Regulation laying down measures \nto discourage the diversion of certain substances to the \nillicit manufacture of narcotic drugs and psychotropic \nsubstances. 1. _ Budgetary heading code: A 2 511 \n\n2. Legal bas is : A r t i c le 113 \n\n3. D e s c r i p t i on of p r o j e ct \n\n3. 1. General objectives \n\nTo comply with international obligations resulting from \nArticle 12 of the 1988 UN Convention against Illicit Traffic \nin Narcotic Drugs and Psychotropic Substances signed by the \nCommunity on 8 June 1989. 3. 2. S p e c i f ic o b j e c t i v es \n\n- To prevent, on a Community-wide basis, the diversion of \nprecursor substances to the illicit manufacture of narcotic \ndrugs and psychotropic \nsubstances, by establishing a \nmonitoring system on the import, export and transit of \nprecursors and provide for an exchange of information \nbetween the competent authorities of Member States and \nbetween the latter and the competent authorities of non-\nCommunity countries. - To fulfill periodic reporting requirements towards the \ncompetent bodies of the United Nations \n\n3_;J5. _. F i n a n c i al i m p l i c a t i o ns of the p r o j e ct \n\nThe m a n a g e m e nt of the m o n i t o r i ng \nfinancial c o n s e q u e n c es set out u n d er item 5 b e l o w. system will have \n\nthe \n\n4. J u s t i f i c a t i on of. _th_e__px. ojje\u201e\u00e7_t \n\nTo d a t e, only informal p r e c u r s or m o n i t o r i ng s c h e m es exist in \ncertain M e m b er S t a t es w h i ch do n ot fulfill the s t a n d a rd \nrequired by the UN C o n v e n t i o n. In o r d er to fulfill t he \nCommunity o b l i g a t i o ns from the C o n v e n t i on and at the same \ntime to \naction \nM a r k e t, \n\nthe o b j e c t i v es of \no enact l e g i s l a t i on \n\n~ b e r S t a t es taking i n d i v i d u al \n\nl e g i s l a t i ve \nthe \nS i n g le \non e x t e r n al \n\njith \nhas \n\navo id \n\ni n c o m p a t i b le \nthe C o m m u n i ty \nr t rade. 25 \n\n5_. F. in ar. \u00e7 i a 1 imp_. li. ca. t. ion_s_. in r esp_ec_t _. oX. _Lc^jerjvjejiticn. appropriations \n\n5_. l. _ Basis for estimation \n\nThe envisaged Community system will result in expenses for \n\nthe periodic organization of meetings with Member States \nexperts in order to continually monitor the correct working \nof the system. The estimation shown below is based on an \ninitial hypothesis of 2 meetings per year with Member States \nto be held in Brussels. - the set-up, at Commission level, of a management structure \nensuring, in particular, liaison with Member States, third \ncountries and competent international organizations, in \nparticular, the UN. The structure would initially comprise \ntwo officials (1 A, 1 B ). These resources are to be found either by means of internal \nredeployment or in the framework of the budgetary procedure \nfor the year 1991. 5. 2. Estimated appropriations to be provided for \n\nTask \n\nBudgetary post \nA 251 1 \n\nTravel expenses for Member \nStates experts to Brussels: \n\n2x 24 experts: 2x 10,000 ECU \n\n20,000 ECU \n\nTotal \n\n20,000 ECU \n\n(from the budgetary year 1991 on) \n\n6_. _ Implications for. own resources \n\nNone \n\n\f\fISSN 0254-1475 \n\nCOM(90)215final \n\nDOCUMENTS \n\nEN \n\n05 01 06 \n\nCatalogue number : CB-CO-. 90-253-EN-C \nISBN 92-77-60898-6 \n\nPRICE \n\n1 - 30 pages: 3. 50 ECU \n\nper additional 10 pages: 1. 25 ECU \n\nOffice for Official Publications of the European Communities \n\nL-2985 Luxembourg"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/def9e940-aa4b-45ed-a6e2-59fb344885a8", "title": "AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING, PARTICULARLY AS REGARDS MOTOR VEHICLE LIABILITY INSURANCE, FIRST COUNCIL DIRECTIVE 73/239/EEC AND SECOND COUNCIL DIRECTIVE 88/357/EEC ON THE COORDINATION OF LAWS, REGULATIONS AND ADMINISTRATIVE PROVISIONS RELATING TO DIRECT INSURANCE OTHER THAN LIFE ASSURANCE", "langIdentifier": "ENG", "mtypes": "pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_directive_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1990-06-20", "subjects": "approximation of laws,freedom to provide services,motor vehicle,third-party insurance", "workIds": "celex:51990PC0278,comnat:COM_1990_0278_FIN,oj:JOC_1990_180_R_0006_01", "eurovoc_concepts": ["approximation of laws", "freedom to provide services", "motor vehicle", "third-party insurance"], "url": "http://publications.europa.eu/resource/cellar/def9e940-aa4b-45ed-a6e2-59fb344885a8", "lang": "eng", "formats": ["pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/3a20d9b8-4cf0-461e-b1fc-62c9c6f3d979", "title": "90/555/ECSC: Commission Decision of 20 June 1990 concerning aid which the Italian authorities plan to grant to the Tirreno and Siderpotenza steelworks (No 195/88-No 200/88) (Only the Italian text is authentic)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1990-06-20", "subjects": "ECSC loan,Italy,economic support,financial aid,iron and steel industry", "workIds": "celex:31990D0555,oj:JOL_1990_314_R_0017_017", "eurovoc_concepts": ["ECSC loan", "Italy", "economic support", "financial aid", "iron and steel industry"], "url": "http://publications.europa.eu/resource/cellar/3a20d9b8-4cf0-461e-b1fc-62c9c6f3d979", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/26c747af-07f4-4bf9-b9e6-f5fa0f1dea60", "title": "The Schengen acquis - Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders", "langIdentifier": "ENG", "mtypes": "html,pdf,print", "workTypes": "http://publications.europa.eu/ontology/cdm#agreement_member-states,http://publications.europa.eu/ontology/cdm#legislation_complementary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Belgium,France,Germany,Luxembourg,Netherlands", "date": "1990-06-19", "subjects": "Benelux,France,German Democratic Republic,Schengen Agreement,admission of aliens,border control,cooperation policy", "workIds": "celex:42000A0922(02)", "eurovoc_concepts": ["Benelux", "France", "German Democratic Republic", "Schengen Agreement", "admission of aliens", "border control", "cooperation policy"], "url": "http://publications.europa.eu/resource/cellar/26c747af-07f4-4bf9-b9e6-f5fa0f1dea60", "lang": "eng", "formats": ["html", "pdf", "print"], "text": "22. 9. 2000\n\nEN\n\nOfficial Journal of the European Communities\n\n19\n\nCONVENTION\n\nIMPLEMENTING THE SCHENGEN AGREEMENT\n\nof 14 June 1985\n\nbetween the Governments of the States of the Benelux Economic Union, the Federal Republic of\nGermany and the French Republic on the gradual abolition of checks at their common borders\n\nThe KINGDOM OF BELGIUM, the FEDERAL REPUBLIC OF GERMANY, the FRENCH REPUBLIC, the GRAND DUCHY\nOF LUXEMBOURG and the KINGDOM OF THE NETHERLANDS, hereinafter referred to as (cid:145)the Contracting Parties(cid:146),\n\nTAKING as their basis the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at their common\nborders,\n\nHAVING DECIDED to fulfil the resolve expressed in that Agreement to abolish checks at their common borders on the\nmovement of persons and facilitate the transport and movement of goods at those borders,\n\nWHEREAS the Treaty establishing the European Communities, supplemented by the Single European Act, provides that\nthe internal market shall comprise an area without internal frontiers,\n\nWHEREAS the aim pursued by the Contracting Parties is in keeping with that objective, without prejudice to the\nmeasures to be taken to implement the provisions of the Treaty,\n\nWHEREAS the fulfilment of that resolve requires a series of appropriate measures and close cooperation between the\nContracting Parties,\n\nHAVE AGREED AS FOLLOWS:\n\nTITLE I\n\nDEFINITIONS\n\nArticle 1\n\nthird State: shall mean any State other than the Contracting\nParties;\n\nFor the purposes of this Convention:\n\nalien: shall mean any person other than a national of a\nMember State of the European Communities;\n\ninternal borders: shall mean the common land borders of the\nContracting Parties, their airports for internal flights and their\nsea ports for regular ferry connections exclusively from or to\nother ports within the territories of the Contracting Parties and\nnot calling at any ports outside those territories;\n\nexternal borders: shall mean the Contracting Parties\u2019 land and sea\nborders and their airports and sea ports, provided that they are\nnot internal borders;\n\nalien for whom an alert has been issued for the purposes of refusing\nshall mean an alien for whom an alert has been\nentry:\nintroduced\nSystem in\naccordance with Article 96 with a view to that person being\nrefused entry;\n\nInformation\n\nSchengen\n\ninto\n\nthe\n\nborder crossing point: shall mean any crossing point authorised\nby the competent authorities for crossing external borders;\n\nborder check: shall mean a check carried out at a border in\nresponse exclusively to an intention to cross that border,\nregardless of any other consideration;\n\ninternal flight: shall mean any flight exclusively to or from the\nterritories of the Contracting Parties and not landing in the\nterritory of a third State;\n\nshall mean any natural or\n\ncarrier:\nlegal person whose\noccupation it is to provide passenger transport by air, sea or\nland;\n\n\f20\n\nEN\n\nOfficial Journal of the European Communities\n\n22. 9. 2000\n\nresidence permit: shall mean an authorisation of whatever type\nissued by a Contracting Party which grants right of residence\nwithin its territory. This definition shall not include temporary\npermission to reside in the territory of a Contracting Party for\nthe purposes of processing an application for asylum or a\nresidence permit;\n\nof 31 January 1967, and as such obtaining the right of\nresidence;\n\nshall mean any alien who has\n\nasylum seeker:\nlodged an\napplication for asylum within the meaning of this Convention\nand in respect of which a final decision has not yet been\ntaken;\n\napplication for asylum: shall mean any application submitted in\nwriting, orally or otherwise by an alien at an external border\nor within the territory of a Contracting Party with a view\nto obtaining recognition as a refugee in accordance with\nthe Geneva Convention relating to the Status of Refugees\nof 28 July 1951, as amended by the New York Protocol\n\nprocessing applications for asylum: shall mean all the procedures\nfor\nfor examining and taking a decision on applications\ntaken under a final decision\nasylum,\nthereon, with the exception of\nthe\nthe determination of\nContracting Party responsible for processing applications for\nasylum pursuant to this Convention. including measures\n\nABOLITION OF CHECKS AT INTERNAL BORDERS AND MOVEMENT OF PERSONS\n\nTITLE II\n\nCHAPTER 1\n\nCHAPTER 2\n\nCROSSING INTERNAL BORDERS\n\nCROSSING EXTERNAL BORDERS\n\nArticle 2\n\nArticle 3\n\nInternal borders may be crossed at any point without any\n\n1. checks on persons being carried out. 2. However, where public policy or national security so\nrequire a Contracting Party may, after consulting the other\nContracting Parties, decide that for a limited period national\nborder checks appropriate to the situation shall be carried out\nat internal borders. If public policy or national security require\nimmediate action, the Contracting Party concerned shall take\nthe necessary measures and at the earliest opportunity shall\ninform the other Contracting Parties thereof. The abolition of checks on persons at internal borders\n3. shall not affect the provisions laid down in Article 22, or the\nexercise of police powers throughout a Contracting Party\u2019s\nterritory by the competent authorities under that Party\u2019s law,\nor the requirement to hold, carry and produce permits and\ndocuments provided for in that Party\u2019s law. Checks on goods shall be carried out in accordance with the\n\n4. relevant provisions of this Convention. 1. External borders may in principle only be crossed at\nborder crossing points and during the fixed opening hours. More detailed provisions, exceptions and arrangements for\nlocal border traffic, and rules governing special categories of\nmaritime traffic such as pleasure boating and coastal fishing,\nshall be adopted by the Executive Committee. 2. The Contracting Parties undertake to introduce penalties\nfor the unauthorised crossing of external borders at places\nother than crossing points or at times other than the fixed\nopening hours. Article 4\n\n1. The Contracting Parties shall ensure that, as from 1993,\npassengers on flights from third States who transfer onto internal\nflights will be subject to an entry check, together with their hand\nbaggage, at\nflight arrives. Passengers on internal\nflights who transfer onto flights bound for\nthird States will be subject to a departure check, together with their\nhand baggage, at the airport from which the external flight departs. the airport at which the\n\nexternal\n\n\f22. 9. 2000\n\nEN\n\nOfficial Journal of the European Communities\n\n21\n\nThe Contracting Parties shall take the necessary measures to\n\n2. ensure that checks are carried out in accordance with paragraph 1. Article 6\n\n3. Neither paragraph 1 nor paragraph 2 shall affect checks on\nregistered baggage; such checks shall be carried out either in the\nairport of final destination or in the airport of initial departure. Until the date laid down in paragraph 1, airports shall, by\ninternal borders, be\n\n4. way of derogation from the definition of\nconsidered as external borders for internal flights. Article 5\n\n1. For stays not exceeding three months, aliens fulfilling the\nfollowing conditions may be granted entry into the territories\nof the Contracting Parties:\n\n(a)\n\nthat the aliens possess a valid document or documents, as\ndefined by the Executive Committee, authorising them to\ncross the border;\n\n(b) that the aliens are in possession of a valid visa if required;\n\n(c)\n\nthat the aliens produce, if necessary, documents justifying\nthe purpose and conditions of the intended stay and that\nthey have sufficient means of subsistence, both for the\nperiod of the intended stay and for the return to their\ncountry of origin or transit to a third State into which they\nare certain to be admitted, or are in a position to acquire\nsuch means lawfully;\n\n(d) that the aliens shall not be persons for whom an alert has\n\nbeen issued for the purposes of refusing entry;\n\n(e)\n\nthat the aliens shall not be considered to be a threat to\ninternational\npublic policy, national\nrelations of any of the Contracting Parties. security or\n\nthe\n\nAn alien who does not fulfil all the above conditions\n2. must be refused entry into the territories of the Contracting\nParties unless a Contracting Party considers it necessary to\nderogate from that principle on humanitarian grounds, on\ngrounds of national\ninternational\nIn such cases authorisation to enter will be\nobligations. restricted to the territory of the Contracting Party concerned,\nwhich must inform the other Contracting Parties accordingly. interest or because of\n\nshall not preclude the application of\n\nspecial\nThese rules\nprovisions concerning the right of asylum or of the provisions\nlaid down in Article 18. Aliens who hold residence permits or re-entry visas\n3. issued by one of the Contracting Parties or, where required,\nboth documents, shall be authorised entry for transit purposes,\nunless their names are on the national\nlist of alerts of the\nContracting Party whose external borders they are seeking to\ncross. Cross-border movement at external borders\n\n1. shall be\nsubject to checks by the competent authorities. Checks shall\nin\nbe carried out\naccordance with uniform principles, within the scope of\nnational powers and national\nlaw and taking account of the\ninterests of all Contracting Parties. the Contracting Parties\u2019\n\nterritories,\n\nfor\n\nThe uniform principles referred to in paragraph 1 shall\n\n2. be as follows:\n\n(a) Checks on persons shall include not only the verification\nof travel documents and the other conditions governing\nentry, residence, work and exit but also checks to detect\nand prevent threats to the national security and public\npolicy of the Contracting Parties. Such checks shall also be\ncarried out on vehicles and objects in the possession of\npersons crossing the border. They shall be carried out by\neach Contracting Party in accordance with its national law,\nin particular where searches are involved. (b) All persons shall undergo at least one such check in order\nto establish their identities on the basis of the production\nor presentation of their travel documents. (c) On entry, aliens shall be subject to a thorough check, as\n\ndefined in (a). (d) On exit, the checks shall be carried out as required in the\ninterest of all Contracting Parties under the law on aliens\nin order to detect and prevent\nthreats to the national\nsecurity and public policy of the Contracting Parties. Such\nchecks shall always be carried out on aliens. (e)\n\nIf in certain circumstances such checks cannot be carried\nout, priorities must be set. In that case, entry checks shall\nas a rule take priority over exit checks. 3. The competent authorities shall use mobile units to carry\nout external border surveillance between crossing points; the\nsame shall apply to border crossing points outside normal\nopening hours. This surveillance shall be carried out in such a\nway as to discourage people from circumventing the checks at\ncrossing points. The surveillance procedures\nshall, where\nappropriate, be established by the Executive Committee. 4. The Contracting Parties undertake to deploy enough\nsuitably qualified officers to carry out checks and surveillance\nalong external borders. An equal degree of control shall be exercised at external\n\n5. borders. 22\n\nEN\n\nOfficial Journal of the European Communities\n\n22. 9. 2000\n\nArticle 7\n\nThe Contracting Parties\nshall assist each other and shall\nmaintain constant, close cooperation with a view to the\neffective implementation of checks and surveillance. They shall,\ninformation,\nin particular, exchange all relevant,\nwith the exception of personal data, unless otherwise provided\nfor in this Convention. They shall as far as possible harmonise\nthe instructions given to the authorities responsible for checks\nand shall promote standard basic and further training of\nofficers manning checkpoints. Such cooperation may take the\nform of an exchange of liaison officers. important\n\n2. Pending the introduction of such a visa, the Contracting Parties\nshall recognise their respective national visas, provided that these are\nissued in accordance with common conditions and criteria determined\nin the context of the relevant provisions of this Chapter. By way of derogation from paragraphs 1 and 2, each\nthe\nthe visa in accordance with common\nthe relevant\n\n3. Contracting Party shall\nterritorial validity of\narrangements determined in the context of\nprovisions of this chapter. reserve the right\n\nto restrict\n\nArticle 8\n\nArticle 11\n\n1. The visa provided for in Article 10 may be:\n\nThe Executive Committee shall take the necessary decisions on\nthe practical procedures for carrying out border checks and\nsurveillance. CHAPTER 3\n\nVISAS\n\nS e c t i o n 1\n\nShort-stay visas\n\nArticle 9\n\n1. The Contracting Parties undertake to adopt a common\npolicy on the movement of persons and, in particular, on the\narrangements for visas. They shall assist each other to that end. The Contracting Parties undertake to pursue through common\nconsent the harmonisation of their policies on visas. The visa arrangements relating to third States whose\n2. nationals are subject to visa arrangements common to all the\nContracting Parties at the time of signing this Convention or\nat a later date may be amended only by common consent\nthe Contracting Parties. A Contracting Party may\nof all\ncommon visa\nin exceptional\narrangements relating to a third State where overriding reasons\nof national policy require an urgent decision. first\nconsult the other Contracting Parties and, in its decision, take\naccount of\nthat\ndecision. interests and the consequences of\n\ncases derogate\n\nfrom the\n\nIt shall\n\ntheir\n\n(a) a travel visa valid for one or more entries, provided that\nneither the length of a continuous visit nor the total length\nof successive visits exceeds three months in any half-year,\nfrom the date of first entry;\n\n(b) a transit visa authorising its holder to pass through the\nterritories of\ntwice or\nexceptionally several times en route to the territory of a\nthird State, provided that no transit shall exceed five days. the Contracting Parties once,\n\n2. Paragraph 1 shall not preclude a Contracting Party from\nissuing a new visa, the validity of which is limited to its own\nterritory, within the half-year in question if necessary. Article 12\n\nThe uniform visa provided for in Article 10(1) shall be\n1. issued by the diplomatic and consular authorities of\nthe\nContracting Parties and, where appropriate, by the authorities\nof the Contracting Parties designated under Article 17. 2. The Contracting Party responsible for issuing such a visa\nshall in principle be that of the main destination. If this cannot\nbe determined, the visa shall\nin principle be issued by the\ndiplomatic or consular post of the Contracting Party of first\nentry. The Executive Committee shall specify the implementing\nin particular, the criteria for determining\n\n3. arrangements and,\nthe main destination. Article 13\n\nArticle 10\n\n1. the\nA uniform visa valid for the entire territory of\nContracting Parties shall be introduced. This visa, the period of\nvalidity of which shall be determined by Article 11, may be\nissued for visits not exceeding three months. No visa shall be affixed to a travel document that has\n\n1. expired. 2. The period of validity of a travel document must exceed\nthat of the visa, taking account of the period of use of the visa. 22. 9. 2000\n\nEN\n\nOfficial Journal of the European Communities\n\n23\n\nIt must enable aliens to return to their country of origin or to\nenter a third country. (d) the form, content, and period of validity of visas and the\n\nfees to be charged for their issue;\n\nArticle 14\n\n(e)\n\nthe conditions for the extension and refusal of the visas\nreferred to in (c) and (d), in accordance with the interests\nof all the Contracting Parties;\n\n1. No visa shall be affixed to a travel document if that\ntravel document is not valid for any of the Contracting Parties. If a travel document is only valid for one Contracting Party or\nfor a number of Contracting Parties, the visa to be affixed shall\nbe limited to the Contracting Party or Parties in question. If a travel document is not recognised as valid by one or\n2. more of the Contracting Parties, an authorisation valid as a\nvisa may be issued in place of a visa. Article 15\n\nIn principle the visas referred to in Article 10 may be issued\nonly if an alien fulfils the entry conditions laid down in Article\n5(1)(a), (c), (d) and (e). Article 16\n\nIf a Contracting Party considers it necessary to derogate on\none of the grounds listed in Article 5(2) from the principle laid\ndown in Article 15, by issuing a visa to an alien who does not\nfulfil all the entry conditions referred to in Article 5(1), the\nvalidity of this visa shall be restricted to the territory of that\nContracting Party, which must inform the other Contracting\nParties accordingly. (f)\n\nthe procedures for limiting the territorial validity of visas;\n\n(g) the principles governing the drawing up of a common list\nof aliens for whom an alert has been issued for the\npurposes of refusing entry, without prejudice to Article 96. S e c t i o n 2\n\nLong-stay visas\n\nArticle 18\n\nVisas for stays exceeding three months shall be national visas\nissued by one of the Contracting Parties in accordance with its\nnational\nlaw. Such visas shall enable their holders to transit\nthrough the territories of the other Contracting Parties in order\nto reach the territory of the Contracting Party which issued the\nvisa, unless they fail to fulfil the entry conditions referred to in\nArticle 5(1)(a), (d) and (e) or they are on the national list of\nalerts of the Contracting Party through the territory of which\nthey seek to transit. Article 17\n\nCONDITIONS GOVERNING THE MOVEMENT OF ALIENS\n\nCHAPTER 4\n\n1. The Executive Committee shall adopt common rules for\nthe examination of visa applications, shall ensure their correct\nimplementation and shall adapt them to new situations and\ncircumstances. 2. The Executive Committee shall also specify the cases in\nwhich the issue of a visa shall be subject to consultation with\nthe central authority of the Contracting Party with which the\napplication is\nthe central\nauthorities of other Contracting Parties. lodged and, where appropriate,\n\nThe Executive Committee shall also take the necessary\n\n3. decisions on the following:\n\n(a)\n\nthe travel documents to which a visa may be affixed;\n\n(b) the visa-issuing authorities;\n\n(c)\n\nthe conditions governing the issue of visas at borders;\n\nArticle 19\n\n1. Aliens who hold uniform visas and who have legally\nentered the territory of a Contracting Party may move freely\nwithin the territories of all the Contracting Parties during the\nperiod of validity of their visas, provided that they fulfil the\nentry conditions referred to in Article 5(1)(a), (c), (d) and (e). 2. Pending the introduction of a uniform visa, aliens who hold\nvisas issued by one of the Contracting Parties and who have legally\nentered the territory of one Contracting Party may move freely within\nthe territories of all the Contracting Parties during the period of\nvalidity of their visas up to a maximum of three months from the\ndate of\nthe entry conditions\nfirst entry, provided that\nreferred to in Article 5(1)(a), (c), (d) and (e). they fulfil\n\nParagraphs 1 and 2 shall not apply to visas whose\nlimitation in accordance with\n\n3. validity is subject to territorial\nChapter 3 of this Title. 24\n\nEN\n\nOfficial Journal of the European Communities\n\n22. 9. 2000\n\n4. This Article shall apply without prejudice to Article 22. Article 20\n\n1. Aliens not subject to a visa requirement may move freely\nwithin the territories of the Contracting Parties for a maximum\nperiod of three months during the six months following the\ndate of first entry, provided that they fulfil the entry conditions\nreferred to in Article 5(1)(a), (c), (d) and (e). 2. Paragraph 1 shall not affect each Contracting Party\u2019s right\nto extend beyond three months an alien\u2019s stay in its territory\nin exceptional circumstances or in accordance with a bilateral\nthis\nagreement concluded before the entry into force of\nConvention. 3. This Article shall apply without prejudice to Article 22. Article 21\n\n1. Aliens who hold valid residence permits issued by one of\nthe Contracting Parties may, on the basis of that permit and a\nvalid travel document, move freely for up to three months\nwithin the territories of the other Contracting Parties, provided\nthat\nthe entry conditions referred to in Article\n5(1)(a), (c) and (e) and are not on the national list of alerts of\nthe Contracting Party concerned. they fulfil\n\nParagraph 1 shall also apply to aliens who hold\n2. provisional residence permits issued by one of the Contracting\nParties and travel documents issued by that Contracting Party. The Contracting\n\n3. Executive\nCommittee a list of the documents that they issue as valid\ntravel documents, residence permits or provisional residence\npermits within the meaning of this Article. Parties\n\nsend\n\nshall\n\nthe\n\n4. This Article shall apply without prejudice to Article 22. whose territory they enter. Such aliens may report either on\nentry or within three working days of entry, at the discretion\nof the Contracting Party whose territory they enter. Aliens resident in the territory of one of the Contracting\n2. Parties who enter the territory of another Contracting Party\nshall be required to report to the authorities, as laid down in\nparagraph 1. Each Contracting Party shall\n\n3. lay down its exemptions\nfrom paragraphs 1 and 2 and shall communicate them to the\nExecutive Committee. Article 23\n\n1. Aliens who do not fulfil or who no longer fulfil the\nshort-stay conditions applicable within the territory of a\nContracting Party shall normally be required to leave the\nterritories of the Contracting Parties immediately. 2. Aliens who hold valid residence permits or provisional\nresidence permits issued by another Contracting Party shall be\nthat Contracting Party\nrequired to go to the territory of\nimmediately. required for\n\n3. Where such aliens have not left voluntarily or where it\nthey will not do so or where their\nmay be assumed that\nimmediate departure is\nreasons of national\nsecurity or public policy,\nthey must be expelled from the\nthe Contracting Party in which they were\nterritory of\napprehended,\nthat\nin accordance with the national\nlaw expulsion is not\nContracting Party. authorised,\nthe Contracting Party concerned may allow the\npersons concerned to remain within its territory. If under\n\nlaw of\n\nthat\n\n4. Such aliens may be expelled from the territory of that\nParty to their countries of origin or any other State to which\nthey may be admitted,\nthe relevant\nprovisions of the readmission agreements concluded by the\nContracting Parties. in particular under\n\nParagraph 4 shall not preclude the application of national\n5. provisions on the right of asylum,\nthe Geneva Convention\nrelating to the Status of Refugees of 28 July 1951, as amended\nby the New York Protocol of 31 January 1967, paragraph 2 of\nthis Article or Article 33(1) of this Convention. Article 22\n\nArticle 24\n\nAliens who have legally entered the territory of one of\n1. the Contracting Parties\nin\naccordance with the conditions laid down by each Contracting\nParty, to the competent authorities of the Contracting Party\n\nshall be obliged to report,\n\nand\n\ncriteria\n\nto the Executive Committee\u2019s definition of\narrangements,\n\nthe\nSubject\nthe\nappropriate\nContracting Parties\nfor any\nfinancial imbalances which may result from the obligation to\nexpel as provided for in Article 23 where such expulsion\ncannot be effected at the alien\u2019s expense. shall compensate each other\n\npractical\n\n\f22. 9. 2000\n\nEN\n\nOfficial Journal of the European Communities\n\n25\n\nCHAPTER 5\n\nRESIDENCE PERMITS AND ALERTS FOR THE PURPOSES OF\nREFUSING ENTRY\n\n(b) The carrier shall be obliged to take all\n\nthe necessary\nmeasures to ensure that an alien carried by air or sea is in\npossession of the travel documents required for entry into\nthe territories of the Contracting Parties. Article 25\n\n1. Where a Contracting Party considers issuing a residence\npermit to an alien for whom an alert has been issued for the\npurposes of refusing entry, it shall first consult the Contracting\nParty issuing the alert and shall take account of its interests;\nthe residence permit shall be issued for substantive reasons\nonly, notably on humanitarian grounds or by reason of\ninternational commitments. If a residence permit is issued, the Contracting Party issuing\nthe alert shall withdraw the alert but may put\nthe alien\nconcerned on its national list of alerts. 2. Where it emerges that an alert\nfor the purposes of\nrefusing entry has been issued for an alien who holds a valid\nresidence permit issued by one of the Contracting Parties, the\nContracting Party issuing the alert shall consult\nthe Party\nin order to determine\nwhich issued the residence permit\nwhether\nfor withdrawing the\nresidence permit. there are sufficient\n\nreasons\n\nsubject\n\nThe Contracting Parties undertake,\n\nto the\n2. obligations\nresulting from their accession to the Geneva\nConvention relating to the Status of Refugees of 28 July 1951,\nas amended by the New York Protocol of 31 January 1967,\nlaw, to impose\nand in accordance with their constitutional\npenalties on carriers which transport aliens who do not\npossess the necessary travel documents by air or sea from a\nThird State to their territories. Paragraphs 1(b) and 2 shall also apply to international\ntransporting groups overland by coach, with the\n\n3. carriers\nexception of border traffic. Article 27\n\n1. The Contracting Parties undertake to impose appropriate\npenalties on any person who, for financial gain, assists or tries\nto assist an alien to enter or reside within the territory of one\nof the Contracting Parties in breach of that Contracting Party\u2019s\nlaws on the entry and residence of aliens. If the residence permit is not withdrawn, the Contracting Party\nissuing the alert shall withdraw the alert but may nevertheless\nput the alien in question on its national list of alerts. If a Contracting Party is informed of actions as referred\n2. to in paragraph 1 which are in breach of the law of another\nContracting Party, it shall inform the latter accordingly. CHAPTER 6\n\nACCOMPANYING MEASURES\n\nArticle 26\n\nThe Contracting Parties undertake,\n\nto the\n1. obligations\nresulting from their accession to the Geneva\nConvention relating to the Status of Refugees of 28 July 1951,\nas amended by the New York Protocol of 31 January 1967, to\nincorporate the following rules into their national law:\n\nsubject\n\n(a)\n\nIf aliens are refused entry into the territory of one of the\nContracting Parties, the carrier which brought them to the\nexternal border by air,\nland shall be obliged\nsea or\nimmediately to assume responsibility for them again. At\nthe request of the border surveillance authorities the carrier\nshall be obliged to return the aliens to the third State from\nwhich they were transported or to the third State which\nissued the travel document on which they travelled or to\nany other third State to which they are certain to be\nadmitted. Any\n\nContracting\n\nParty which\n\n3. another\nContracting Party to prosecute, on the grounds of a breach of\nits own laws, actions as referred to in paragraph 1 must\nspecify, by means of an official report or a certificate from the\ncompetent authorities, the provisions of law that have been\nbreached. requests\n\nCHAPTER 7\n\nRESPONSIBILITY FOR PROCESSING APPLICATIONS FOR\nASYLUM\n\nArticle 28\n\nThe Contracting Parties reaffirm their obligations under the Geneva\nConvention relating to the Status of Refugees of 28 July 1951, as\namended by the New York Protocol of 31 January 1967, with no\ngeographic restriction on the scope of those instruments, and their\ncooperating with the United Nations High\ncommitment\nCommissioner\nthose\ninstruments. implementation of\n\nfor Refugees\n\nin the\n\nto\n\n\f26\n\nEN\n\nOfficial Journal of the European Communities\n\n22. 9. 2000\n\nArticle 29\n\nThe Contracting Parties undertake to process any application\n\n1. for asylum lodged by an alien within any one of their territories. This obligation shall not bind a Contracting Party\n\n2. authorising all asylum seekers to enter or remain within its territory. to\n\nEvery Contracting Party shall retain the right to refuse entry or to\nexpel asylum seekers to a third State on the basis of its national\nprovisions and in accordance with its international commitments. 3. Regardless of the Contracting Party with which an alien lodges\nan application for asylum, only one Contracting Party shall be\nresponsible for processing that application. This shall be determined\non the basis of the criteria laid down in Article 30. 4. Notwithstanding paragraph 3, every Contracting Party shall\nfor special reasons connected in particular with\nretain the right,\nnational law, to process an application for asylum even if, under this\nConvention,\nso doing lies with another\nfor\nthe\nContracting Party. responsibility\n\nArticle 30\n\nThe Contracting Party responsible for processing an application\n\n1. for asylum shall be determined as follows:\n\n(a)\n\nIf a Contracting Party has issued an asylum seeker with a visa,\nof whatever type, or a residence permit, it shall be responsible for\nprocessing the application. issued on the\nauthorisation of another Contracting Party, the Contracting Party\nwhich gave the authorisation shall be responsible. visa was\n\nthe\n\nIf\n\n(b)\n\nIf two or more Contracting Parties have issued an asylum seeker\nthe\nwith a visa, of whatever\nContracting Party responsible shall be the one which issued the\nvisa or the residence permit that will expire last. type, or a residence permit,\n\n(c) As long as the asylum seeker has not left the territories of the\nContracting Parties, the responsibility defined in (a) and (b) shall\nremain even if the period of validity of the visa, of whatever type,\nor of the residence permit has expired. If the asylum seeker has\nleft the territories of the Contracting Parties after the visa or the\nresidence permit has been issued, these documents shall be the\nbasis for the responsibility as defined in (a) and (b), unless they\nhave expired in the meantime under national provisions. (d)\n\nIf the Contracting Parties exempt the asylum seeker from the visa\nrequirement, the Contracting Party across whose external borders\nthe asylum seeker entered the territories of the Contracting Parties\nshall be responsible. Until the harmonisation of visa policies is fully achieved, and if\nthe asylum seeker is exempted from the visa requirement by some\nContracting Parties only,\nthe Contracting Party across whose\nexternal borders the asylum seeker, through exemption from the\nvisa requirement, has entered the territories of the Contracting\nParties shall be responsible, subject to (a), (b) and (c). If the application for asylum is lodged with a Contracting Party\nwhich has issued a transit visa to the asylum seeker (cid:151) whether\nthe asylum seeker has passed through passport control or not (cid:151)\nand if the transit visa was issued after the country of transit had\nascertained from the consular or diplomatic authorities of\nthe\nContracting Party of destination that the asylum seeker fulfilled\nthe entry conditions for the Contracting Party of destination, the\nfor\nContracting Party of destination shall be\nprocessing the application. responsible\n\nIf the asylum seeker has entered the territory of the Contracting\nParties without being in possession of one or more documents, to\nbe defined by the Executive Committee, authorising the crossing\nof the border, the Contracting Party across whose external borders\nthe asylum seeker entered the territories of the Contracting Parties\nshall be responsible. If an alien whose application for asylum is already being\nprocessed by one of\nlodges a new\napplication, the Contracting Party responsible shall be the one\nprocessing the first application. the Contracting Parties\n\nIf an alien on whose previous application for asylum a\nContracting Party has already taken a final decision lodges a new\napplication, the Contracting Party responsible shall be the one\nthat processed the previous application unless the asylum seeker\nhas left the territory of the Contracting Parties. (e)\n\n(f)\n\n(g)\n\n2. If a Contracting Party has undertaken to process an application\nfor asylum in accordance with Article 29(4), the Contracting Party\nresponsible under paragraph 1 of this Article shall be relieved of its\nobligations. 3. Where no Contracting Party responsible can be determined on\nthe basis of\nthe\nContracting Party with which the application for asylum was lodged\nshall be responsible. the criteria laid down in paragraphs 1 and 2,\n\nArticle 31\n\n1. The Contracting Parties shall endeavour to determine as quickly\nas possible which Party is responsible for processing an application\nfor asylum. 2. If an application for asylum is lodged with a Contracting Party\nwhich is not responsible under Article 30 by an alien residing within\nits territory, that Contracting Party may request the Contracting Party\nresponsible to take charge of the asylum seeker in order to process the\napplication for asylum. 3. The Contracting Party responsible shall be obliged to take\ncharge of the asylum seeker referred to in paragraph 2 if the request\n\n\f22. 9. 2000\n\nEN\n\nOfficial Journal of the European Communities\n\n27\n\nis made within six months of\nthe application for asylum being\nlodged. If the request is not made within that time, the Contracting\nParty with whom the application for asylum was lodged shall be\nresponsible for processing the application. Article 32\n\nThe Contracting Party responsible for processing an application for\nasylum shall process it in accordance with its national law. Article 37\n\nThe competent authorities of the Contracting Parties shall at\n\n1. the earliest opportunity send each other details of:\n\n(a) any new rules or measures adopted in the field of asylum law or\nthe treatment of asylum seekers no later than their entry into\nforce;\n\nArticle 33\n\n(b) statistical data on the monthly arrivals of asylum seekers,\nindicating the main countries of origin and decisions on\napplications for asylum where available;\n\nIf an asylum seeker is illegally within the territory of another\n1. Contracting Party while the asylum procedure is in progress,\nthe\nContracting Party responsible shall be obliged to take the asylum\nseeker back. (c)\n\nthe emergence of, or significant increases in, certain categories of\nasylum seekers and any information available on this subject;\n\n(d) any fundamental decisions in the field of asylum law. 2. Paragraph 1 shall not apply where the other Contracting Party\nhas issued an asylum seeker with a residence permit valid for one\nyear or more. for processing the\ncase,\napplication shall be transferred to the other Contracting Party. responsibility\n\nIn that\n\nThe Contracting Parties shall also ensure close cooperation in\nsituation in the asylum seekers\u2019\n\n2. gathering information on the\ncountries of origin with a view to a joint assessment. Article 34\n\nAny instruction given by a Contracting Party concerning the\n3. confidential processing of the information that it communicates must\nbe complied with by the other Contracting Parties. 1. The Contracting Party responsible shall be obliged to take back\nan alien whose application for asylum has been definitively rejected\nand who has entered the territory of another Contracting Party\nwithout being authorised to reside there. Article 38\n\nParagraph 1 shall not, however, apply where the Contracting\nthe\n\nexpelled the alien from the\n\nterritories of\n\n2. Party responsible\nContracting Parties. Every Contracting Party shall send every other Contracting\n1. Party at their request any information it has on an asylum seeker\nwhich is necessary for the purposes of:\n\nArticle 35\n\n(cid:151) determining the Contracting Party responsible for processing the\n\napplication for asylum,\n\n1. The Contracting Party which granted an alien the status of\nrefugee and right of residence shall be obliged to take responsibility\nfor processing any application for asylum made by a member of the\nalien\u2019s family provided that the persons concerned agree. For the purposes of paragraph 1, a family member shall be the\n2. refugee\u2019s spouse or unmarried child who is less than 18 years old or,\nif the refugee is an unmarried child who is less than 18 years old,\nthe refugee\u2019s father or mother. (cid:151) processing the application for asylum,\n\n(cid:151) implementing the obligations arising under this chapter. 2. Such information may concern only:\n\nArticle 36\n\n(a)\n\nidentity (surname and forename, any previous names, nicknames\nor aliases, date and place of birth, present nationality and any\nprevious\nand, where\nof\nappropriate, of the asylum seeker\u2019s family members);\n\nasylum seeker\n\nnationalities\n\nthe\n\nAny Contracting Party responsible for processing an application for\nasylum may, for humanitarian reasons, based in particular family or\ncultural grounds, ask another Contracting Party to assume that\nresponsibility provided that\nso desires. The\nContracting Party to which such a request is made shall consider\nwhether it can be granted. the asylum seeker\n\n(b)\n\nidentity and travel documents (references, periods of validity, dates\nof issue, issuing authorities, place of issue, etc. );\n\n(c) any other details needed to establish the asylum seeker\u2019s identity;\n\n\f28\n\nEN\n\nOfficial Journal of the European Communities\n\n22. 9. 2000\n\n(d) places of residence and routes travelled;\n\n(e)\n\nresidence permits or visas issued by a Contracting Party;\n\n(f)\n\nthe place where the application for asylum was lodged;\n\n(g) where appropriate, the date any previous application for asylum\nwas lodged,\nthe date on which the present application was\nlodged, the stage reached in the procedure and the decision taken. 3. In addition, a Contracting Party may ask another Contracting\nParty to inform it of the grounds invoked by an asylum seeker in\nsupport of an application and, where appropriate, the grounds for the\ndecision taken on the asylum seeker. The Contracting Party requested\nshall consider whether it can comply with such a request. In all\nevents the communication of such information shall be subject to the\nasylum seeker\u2019s consent. 4. Information shall be exchanged at the request of a Contracting\nParty and may only be exchanged between the authorities designated\nby each Contracting Party, once the Executive Committee has been\ninformed thereof. 5. The information exchanged may only be used for the purposes\nlaid down in paragraph 1. Such information may only be\ncommunicated to the authorities and courts and tribunals responsible\nfor:\n\n(cid:151) determining the Contracting Party responsible for processing the\n\napplication for asylum,\n\n(cid:151) processing the application for asylum,\n\n(cid:151) implementing obligations arising under this chapter. The Contracting Party that\n6. ensure it is accurate and up-to-date. forwards the information shall\n\ninaccurate or\n\nIf it appears that a Contracting Party has supplied information that\nrecipient\nis\nContracting Parties shall be informed immediately thereof. They shall\nbe obliged to correct such information or delete it. should not have been forwarded,\n\nthe\n\nAsylum seekers shall have the right to receive on request the\n7. information exchanged which concerns them as long as it remains\navailable. If they establish that such information is inaccurate or should not\nhave been forwarded,\nto demand its\ncorrection or deletion. Corrections shall be made in accordance with\nparagraph 6. they shall have the right\n\nEach Contracting Party concerned shall record the forwarding\n\n8. and receipt of information exchanged. Information forwarded shall be held no longer than necessary\n9. for the purposes for which it was exchanged. The Contracting Party\nconcerned shall assess in due course whether it is necessary for it to\nbe held. In any case, information thus forwarded shall enjoy at least\n10. the same protection as is provided for similar information in the law\nof the recipient Contracting Party. If information is not processed automatically but is handled\n11. in some other form, each Contracting Party shall take the appropriate\nmeasures to ensure compliance with this Article by means of effective\ncontrols. If a Contracting Party has a body of the type referred to in\nparagraph 12, it may assign the control task to it. 12. If one or more Contracting Parties wishes to computerise all\nor part of the information referred to in paragraphs 2 and 3, such\ncomputerisation shall only be authorised if the Contracting Parties\nconcerned have adopted laws applicable to such processing which\nimplement the principles of the Council of Europe Convention for the\nProtection of\nIndividuals with regard to Automatic Processing of\nPersonal Data of 28 January 1981 and if they have entrusted an\nappropriate national body with the independent monitoring of the\nprocessing and use of data forwarded pursuant to this Convention. TITLE III\n\nPOLICE AND SECURITY\n\nCHAPTER 1\n\nPOLICE COOPERATION\n\nArticle 39\n\nwithin the scope of their powers, assist each other for the\npurposes of preventing and detecting criminal offences, in so\nfar as national law does not stipulate that the request has to be\nmade and channelled via the judicial authorities and provided\nthat\nthe implementation thereof does not\ninvolve the application of measures of constraint by the\nrequested Contracting Party. Where the requested police\nauthorities do not have the power to deal with a request, they\nshall forward it to the competent authorities. the request or\n\n1. police authorities shall, in compliance with national\n\nThe Contracting Parties undertake to ensure that their\nlaw and\n\n2. Written\nrequested\nContracting Party under paragraph 1 may not be used by the\n\ninformation\n\nprovided\n\nthe\n\nby\n\n\f22. 9. 2000\n\nEN\n\nOfficial Journal of the European Communities\n\n29\n\nrequesting Contracting Party as evidence of\nthe offence\ncharged other than with the consent of the competent judicial\nauthorities of the requested Contracting Party. (b) a request\n\nfor assistance submitted in accordance with\nparagraph 1 and outlining the grounds for crossing the\nborder without prior authorisation shall be submitted\nimmediately. Requests for assistance referred to in paragraph 1 and the\n3. replies to such requests may be exchanged between the central\nbodies responsible in each Contracting Party for international\npolice cooperation. Where the request cannot be made in good\ntime using the above procedure, the police authorities of the\nrequesting Contracting Party may address it directly to the\ncompetent authorities of the requested Party, which may reply\ndirectly. In such cases, the requesting police authority shall at\nthe earliest opportunity inform the central body responsible\nrequested\nfor\nContracting Party of its direct request. international\n\ncooperation\n\npolice\n\nthe\n\nin\n\nIn border\n\n4. arrangements between the\nContracting Parties. areas,\n\ncooperation may be\n\ncompetent Ministers of\n\ncovered by\nthe\n\nThe provisions of this Article shall not preclude more\n5. detailed present or\nagreements between\nfuture bilateral\nContracting Parties with a common border. The Contracting\nParties shall inform each other of such agreements. Article 40\n\n1. Officers of one of the Contracting Parties who, as part of\na criminal investigation, are keeping under surveillance in their\ncountry a person who is presumed to have participated in an\nextraditable criminal offence shall be authorised to continue\ntheir surveillance in the territory of another Contracting Party\nwhere the latter has authorised cross-border surveillance in\nresponse\nfor assistance made in advance. Conditions may be attached to the authorisation. to a request\n\nOn request, the surveillance will be entrusted to officers of the\nContracting Party in whose territory this is carried out. The request for assistance referred to in the first subparagraph\nmust be sent\nthe\nContracting Parties and empowered to grant or to pass on the\nrequested authorisation. to an authority designated by each of\n\nfor\n\nurgent\n\nparticularly\n\nthe officers carrying out\n\n2. Where,\nprior\nauthorisation cannot be requested from the other Contracting\nthe surveillance shall be\nParty,\nauthorised to continue beyond the border the surveillance of a\nperson presumed to have committed criminal offences listed in\nparagraph 7, provided that the following conditions are met:\n\nreasons,\n\n(a)\n\nthe authority of the Contracting Party designated under\nparagraph 5, in whose territory the surveillance is to be\ncontinued, must be notified immediately, during the\nsurveillance, that the border has been crossed;\n\nSurveillance shall cease as soon as the Contracting Party in\nwhose territory it is taking place so requests, following the\nnotification referred to in (a) or the request referred to in (b)\nor, where authorisation has not been obtained, five hours after\nthe border was crossed. The surveillance referred to in paragraphs 1 and 2 shall\n\n3. be carried out only under the following general conditions:\n\n(a) The officers carrying out\n\nthe surveillance must comply\nwith the provisions of this Article and with the law of the\nContracting Party in whose territory they are operating;\nthey must obey the instructions of the competent local\nauthorities. (b) Except\n\nin the situations outlined in paragraph 2,\n\nthe\nofficers shall, during the surveillance, carry a document\ncertifying that authorisation has been granted. (c) The officers carrying out the surveillance must at all times\nbe able to prove that they are acting in an official capacity. (d) The officers carrying out the surveillance may carry their\nservice weapons during the\nsave where\nspecifically otherwise decided by the requested Party; their\nuse\nlegitimate\nself-defence. shall be prohibited save\n\nin cases of\n\nsurveillance\n\n(e) Entry into private homes and places not accessible to the\n\npublic shall be prohibited. (f) The officers carrying out\n\nthe surveillance may neither\n\nchallenge nor arrest the person under surveillance. (g) All operations shall be the subject of a report\n\nto the\nauthorities of the Contracting Party in whose territory they\ntook place; the officers carrying out the surveillance may\nbe required to appear in person. (h) The authorities of the Contracting Party from which the\nsurveillance officers have come shall, when requested by\nthe authorities of the Contracting Party in whose territory\nthe surveillance took place, assist the enquiry subsequent\nto the operation in which they took part, including judicial\nproceedings. 4. The officers referred to in paragraphs 1 and 2 shall be:\n\n(cid:151) as regards the Kingdom of Belgium: members of the (cid:145)police\njudiciaire pr\u0141s les Parquets(cid:146) (Criminal Police attached to the\nPublic Prosecutor\u2019s Office),\nthe (cid:145)gendarmerie(cid:146) and the\n(cid:145)police communale(cid:146) (municipal police), as well as customs\nofficers, under the conditions laid down in appropriate\nreferred to in paragraph 6, with\nbilateral agreements\n\n\f30\n\nEN\n\nOfficial Journal of the European Communities\n\n22. 9. 2000\n\nto their powers\n\nrespect\ntrafficking in\nnarcotic drugs and psychotropic substances, trafficking in\narms and explosives, and the illicit transportation of toxic\nand hazardous waste;\n\nregarding illicit\n\n(cid:151) as regards the Federal Republic of Germany: officers of the\n(cid:145)Polizeien des Bundes und der L(cid:228)nder(cid:146) (Federal Police and\nFederal State Police), as well as, with respect only to illicit\ntrafficking in narcotic drugs and psychotropic substances\nand arms trafficking, officers of the (cid:145)Zollfahndungsdienst(cid:146)\n(customs investigation service) in their capacity as auxiliary\nofficers of the Public Prosecutor\u2019s Office;\n\n(cid:151) as regards the French Republic: criminal police officers of\n(cid:145)gendarmerie(cid:146), as well as\nthe national police and national\ncustoms officers, under\nlaid down in\nappropriate bilateral agreements referred to in paragraph 6,\nwith respect to their powers regarding illicit trafficking in\nnarcotic drugs and psychotropic substances, trafficking in\narms and explosives, and the illicit transportation of toxic\nand hazardous waste;\n\nthe conditions\n\n(cid:151) as regards the Grand Duchy of Luxembourg: officers of the\n(cid:145)gendarmerie(cid:146) and the police, as well as customs officers,\nunder the conditions laid down in appropriate bilateral\nagreements referred to in paragraph 6, with respect\nto\ntheir powers regarding illicit trafficking in narcotic drugs\ntrafficking in arms and\nand psychotropic substances,\ntoxic and\nexplosives, and the illicit\nhazardous waste;\n\ntransportation of\n\n(cid:151) as regards the Kingdom of the Netherlands: officers of the\n(national police) and the (cid:145)Gemeentepolitie(cid:146)\n(cid:145)Rijkspolitie(cid:146)\n(municipal police), as well as, under the conditions laid\ndown in appropriate bilateral agreements referred to in\nparagraph 6, with respect to their powers regarding illicit\ntrafficking in narcotic drugs and psychotropic substances,\nillicit\ntrafficking\ntransportation of toxic and hazardous waste, officers of the\ntax inspection and investigation authorities responsible for\nimport and excise duties. explosives\n\nin arms\n\nand\n\nand\n\nthe\n\n5. The authority referred to in paragraphs 1 and 2 shall be:\n\n(cid:151) as regards the Kingdom of Belgium:\ng\u00d8n\u00d8ral de la Police judiciaire(cid:146)\nDepartment),\n\nthe (cid:145)Commissariat\nInvestigation\n\n(Criminal\n\n(cid:151) as\n\nregards\n\nthe\n\nFederal Republic of Germany:\n\nthe\n\n(cid:145)Bundeskriminalamt(cid:146) (Federal Crime Office),\n\n(cid:151) as regards the French Republic: the (cid:145)Direction centrale de la\nthe Criminal\n\n(Central Headquarters of\n\nPolice judiciaire(cid:146)\nPolice),\n\n(cid:151) as regards the Grand Duchy of Luxembourg: the (cid:145)Procureur\n\ng\u00d8n\u00d8ral d\u2019Etat(cid:146) (Principal State Prosecutor),\n\n(cid:151) as regards the Kingdom of the Netherlands: the (cid:145)Landelijk\nProsecutor)\n\nJustitie(cid:146)\nOfficier\nresponsible for cross-border surveillance. (National\n\nPublic\n\nvan\n\nThe Contracting Parties may, at bilateral level, extend the\nin\nthis Article and adopt additional measures\n\n6. scope of\napplication thereof. 7. The surveillance referred to in paragraph 2 may only be\ncarried out where one of the following criminal offences is\ninvolved:\n\n(cid:151) murder,\n\n(cid:151) manslaughter,\n\n(cid:151) rape,\n\n(cid:151) arson,\n\n(cid:151) forgery of money,\n\n(cid:151) aggravated burglary and robbery and receiving stolen\n\ngoods,\n\n(cid:151) extortion,\n\n(cid:151) kidnapping and hostage taking,\n\n(cid:151) trafficking in human beings,\n\n(cid:151) illicit\n\ntrafficking in narcotic drugs\n\nand psychotropic\n\nsubstances,\n\n(cid:151) breach of the laws on arms and explosives,\n\n(cid:151) wilful damage through the use of explosives,\n\n(cid:151) illicit transportation of toxic and hazardous waste. Article 41\n\nOfficers of one of\n\nthe Contracting Parties who are\n1. pursuing in their country an individual caught in the act of\ncommitting or of participating in one of the offences referred\nto in paragraph 4 shall be authorised to continue pursuit in\nthe territory of another Contracting Party without the latter\u2019s\nprior authorisation where, given the particular urgency of the\nsituation, it is not possible to notify the competent authorities\nof the other Contracting Party by one of the means provided\nfor in Article 44 prior to entry into that territory or where\nthese authorities are unable to reach the scene in time to take\nover the pursuit. The same shall apply where the person being pursued has\nescaped from provisional custody or while serving a sentence\ninvolving deprivation of liberty. The pursuing officers shall, not later than when they cross the\nborder, contact the competent authorities of the Contracting\nParty in whose territory the hot pursuit is to take place. The\nhot pursuit will cease as soon as the Contracting Party in\nwhose territory the pursuit is taking place so requests. At the\nrequest of\nlocal\nauthorities shall challenge the pursued person in order to\nestablish the person\u2019s identity or to make an arrest. the pursuing officers,\n\ncompetent\n\nthe\n\n\f22. 9. 2000\n\nEN\n\nOfficial Journal of the European Communities\n\n31\n\n2. Hot pursuit shall be carried out in accordance with one\nof the following procedures, defined by the declaration laid\ndown in paragraph 9:\n\n(a) The pursuing officers shall not have the right to apprehend\n\nthe pursued person;\n\n(b) If no request to cease the hot pursuit is made and if the\ncompetent local authorities are unable to intervene quickly\nthe pursuing officers may detain the person\nenough,\npursued until\nthe Contracting Party in\nwhose territory the pursuit is taking place, who must be\ninformed immediately, are able to establish the person\u2019s\nidentity or make an arrest. the officers of\n\nHot pursuit shall be carried out\n\n3. in accordance with\nparagraphs 1 and 2 and in one of the following ways as\ndefined by the declaration provided for in paragraph 9:\n\n(a)\n\nin an area or during a period as from the crossing of the\nborder, to be established in the declaration;\n\n(b) without limit in space or time. the\nIn the declaration referred to in paragraph 9,\n4. Contracting Parties shall define the offences referred to in\nparagraph 1 in accordance with one of\nfollowing\nprocedures:\n\nthe\n\n(a) The following criminal offences:\n\n(cid:151) illicit transportation of toxic and hazardous waste,\n\n(cid:151) failure to stop and give particulars after an accident\n\nwhich has resulted in death or serious injury. (b) Extraditable offences. Hot pursuit shall be carried out only under the following\n\n5. general conditions:\n\n(a) The pursuing officers must comply with the provisions of\nthis Article and with the law of the Contracting Party in\nwhose territory they are operating; they must obey the\ninstructions issued by the competent local authorities. (b) Pursuit shall be solely over land borders. (c) Entry into private homes and places not accessible to the\n\npublic shall be prohibited. (d) The pursuing officers shall be easily identifiable, either by\ntheir uniform, by means of an armband or by accessories\nfitted to their vehicles; the use of civilian clothes combined\nwith\nthe\naforementioned identification is prohibited; the pursuing\nofficers must at all times be able to prove that they are\nacting in an official capacity. vehicles without\n\nunmarked\n\nuse\n\nthe\n\nof\n\n(cid:151) murder,\n\n(cid:151) manslaughter,\n\n(cid:151) rape,\n\n(cid:151) arson,\n\n(cid:151) forgery of money,\n\n(cid:151) aggravated burglary and robbery and receiving stolen\n\ngoods,\n\n(cid:151) extortion,\n\n(cid:151) kidnapping and hostage taking,\n\n(cid:151) trafficking in human beings,\n\n(e) The pursuing officers may carry their service weapons;\ntheir use shall be prohibited save in cases of legitimate\nself-defence. (f) Once the pursued person has been apprehended as\nprovided for in paragraph 2(b), for the purpose of being\nbrought before the competent local authorities that person\nmay only be subjected to a security search; handcuffs may\nbe used during the transfer; objects carried by the pursued\nperson may be seized. (g) After each operation referred to in paragraphs 1, 2 and 3,\nthe pursuing officers shall appear before the competent\nlocal authorities of the Contracting Party in whose territory\nthey were operating and shall report on their mission; at\nthe request of those authorities, they shall remain at their\ndisposal until the circumstances surrounding their action\nhave been sufficiently clarified; this condition shall apply\neven where the hot pursuit has not resulted in the arrest of\nthe person pursued. (cid:151) illicit\n\ntrafficking in narcotic drugs and psychotropic\n\nsubstances,\n\n(cid:151) breach of the laws on arms and explosives,\n\n(cid:151) wilful damage through the use of explosives,\n\n(h) The authorities of the Contracting Party from which the\npursuing officers have come shall, when requested by the\nauthorities of the Contracting Party in whose territory the\nhot pursuit took place, assist the enquiry subsequent to the\noperation in which they took part,\nincluding judicial\nproceedings. 32\n\nEN\n\nOfficial Journal of the European Communities\n\n22. 9. 2000\n\nA person who,\n\n6. following the action provided for in\nlocal\nparagraph 2, has been arrested by the competent\nauthorities may, whatever that person\u2019s nationality, be held for\nquestioning. The relevant rules of national\nlaw shall apply\nmutatis mutandis. If the person is not a national of the Contracting Party in\nwhose territory the person was arrested, that person shall be\nreleased no later than six hours after the arrest was made, not\nincluding the hours between midnight and 9. 00 a. m. , unless\nthe competent\nlocal authorities have previously received a\nrequest for that person\u2019s provisional arrest for the purposes of\nextradition in any form whatsoever. The officers referred to in the previous paragraphs shall\n\n7. be:\n\n(cid:151) as regards the Kingdom of Belgium: members of the (cid:145)police\njudiciaire pr\u0141s les Parquets(cid:146) (Criminal Police attached to the\nPublic Prosecutor\u2019s Office),\nthe (cid:145)gendarmerie(cid:146) and the\n(cid:145)police communale(cid:146) (municipal police), as well as customs\nofficers, under the conditions laid down in appropriate\nbilateral agreements referred to in paragraph 10, with\nrespect\ntrafficking in\nnarcotic drugs and psychotropic substances, trafficking in\narms and explosives, and the illicit transportation of toxic\nand hazardous waste;\n\nto their powers\n\nregarding illicit\n\n(cid:151) as regards the Federal Republic of Germany: officers of the\n(cid:145)Polizeien des Bundes und der L(cid:228)nder(cid:146) (Federal and Federal\nState Police), as well as, with respect only to illegal\ntrafficking in narcotic drugs and psychotropic substances\nand arms trafficking, officers of the (cid:145)Zollfahndungsdienst(cid:146)\n(customs investigation service) in their capacity as auxiliary\nofficers of the Public Prosecutor\u2019s Office;\n\n(cid:151) as regards the French Republic: criminal police officers of\nthe national police and national\n(cid:145)gendarmerie(cid:146), as well as\ncustoms officers, under the conditions laid down in the\nappropriate bilateral agreements referred to in paragraph\n10, with respect to their powers regarding illicit trafficking\nin narcotic drugs and psychotropic substances, trafficking\nin arms and explosives, and the illicit transportation of\ntoxic and hazardous waste;\n\n(cid:151) as regards the Grand Duchy of Luxembourg: officers of the\n(cid:145)gendarmerie(cid:146) and the police, as well as customs officers,\nunder the conditions laid down in the appropriate bilateral\nagreements referred to in paragraph 10, with respect to\ntheir powers regarding illicit trafficking in narcotic drugs\ntrafficking in arms and\nand psychotropic substances,\nexplosives, and the illicit\ntoxic and\nhazardous waste:\n\ntransportation of\n\n(cid:151) as regards the Kingdom of the Netherlands: officers of the\n(cid:145)Rijkspolitie(cid:146)\n(national police) and the (cid:145)Gemeentepolitie(cid:146)\n(municipal police) as well as, under the conditions laid\ndown in the appropriate bilateral agreements referred to in\nparagraph 10, with respect to their powers regarding the\nillicit\nand psychotropic\nsubstances, trafficking in arms and explosives and the illicit\ntransportation of toxic and hazardous waste, officers of the\n\ntrafficking in narcotic drugs\n\ntax inspection and investigation authorities responsible for\nimport and excise duties. 8. For the Contracting Parties concerned this Article shall\napply without prejudice to Article 27 of the Benelux Treaty\nconcerning Extradition and Mutual Assistance in Criminal\nMatters of 27 June 1962, as amended by the Protocol of 11\nMay 1974. 9. At the time of signing this Convention, each Contracting\nParty shall make a declaration in which it shall define for each\nof the Contracting Parties with which it has a common border,\non the basis of paragraphs 2, 3 and 4, the procedures for\ncarrying out a hot pursuit in its territory. A Contracting Party may at any time replace its declaration by\nanother declaration provided the latter does not restrict the\nscope of the former. Each declaration shall be made after consultation with each of\nthe Contracting Parties concerned and with a view to obtaining\nequivalent arrangements on both sides of internal borders. The Contracting Parties may, on a bilateral basis, extend\n10. the scope of paragraph 1 and adopt additional provisions in\nimplementation of this Article. Article 42\n\nDuring the operations referred to in Articles 40 and 41,\nofficers operating in the territory of another Contracting Party\nshall be regarded as officers of\nto\noffences committed against them or by them. that Party with respect\n\nArticle 43\n\n1. Where,\nin accordance with Articles 40 and 41 of this\nConvention, officers of a Contracting Party are operating in the\nterritory of another Contracting Party, the first Contracting\nParty shall be liable for any damage caused by them during\ntheir operations, in accordance with the law of the Contracting\nParty in whose territory they are operating. 2. The Contracting Party in whose territory the damage\nreferred to in paragraph 1 was caused shall make good such\ndamage under the conditions applicable to damage caused by\nits own officers. The Contracting Party whose officers have\n\n3. caused\ndamage to any person in the territory of another Contracting\nParty shall reimburse the latter in full any sums it has paid to\nthe victims or persons entitled on their behalf. 22. 9. 2000\n\nEN\n\nOfficial Journal of the European Communities\n\n33\n\n4. Without prejudice to the exercise of its rights vis-(cid:224)-vis\nthird parties and with the exception of paragraph 3, each\nContracting Party shall refrain in the case provided for in\nparagraph 1 from requesting reimbursement of damages it has\nsustained from another Contracting Party. Article 44\n\n1. In accordance with the relevant international agreements\nand account being taken of local circumstances and technical\npossibilities, the Contracting Parties shall install, in particular\nin border areas, telephone, radio, and telex lines and other\ndirect links to facilitate police and customs cooperation,\nin\nparticular for the timely transmission of information for the\npurposes of cross-border surveillance and hot pursuit. In addition to these short-term measures, they will\n\n2. particular consider the following options:\n\nin\n\n(a) exchanging equipment or posting liaison offers provided\n\nwith appropriate radio equipment;\n\n(b) widening the frequency bands used in border areas;\n\n(c) establishing common links for police and customs services\n\noperating in these same areas;\n\nParagraph 1 shall apply mutatis mutandis\n\n2. staying in any commercially rented accommodation,\nparticular tents, caravans and boats. to persons\nin\n\nArticle 46\n\ncases,\n\nIn specific\n\neach Contracting Party may,\n\nin\n1. law and without being so\ncompliance with its national\nrequested,\nany\nsend\ninformation which may be important in helping it combat\nfuture crime and prevent offences against or threats to public\npolicy and public security. the Contracting\n\nconcerned\n\nParty\n\n2. Information shall be exchanged, without prejudice to the\narrangements for cooperation in border areas referred to in\nIn\nArticle 39(4), via a central body to be designated. particularly urgent cases, the exchange of information within\nthe meaning of this Article may take place directly between\nthe police authorities concerned, unless national provisions\nstipulate otherwise. The central body shall be informed of this\nas soon as possible. Article 47\n\nThe\n\nContracting\n\n1. bilateral\nagreements providing for the secondment, for a specified or\nunspecified period, of\nliaison officers from one Contracting\nParty to the police authorities of another Contracting Party. Parties may\n\nconclude\n\n(d) coordinating their programmes for the procurement of\ncommunications equipment, with a view to installing\nstandardised and compatible communications systems. The secondment of\n\nliaison officers for a specified or\n2. intended to further and accelerate\nunspecified period is\ncooperation between the Contracting Parties, particularly by\nproviding assistance:\n\nArticle 45\n\nThe Contracting Parties undertake to adopt the necessary\n\n1. measures in order to ensure that:\n\n(a)\n\n(b)\n\nthe\nin the form of\npurposes of combating crime by means of both prevention\nand law enforcement;\n\nthe exchange of\n\ninformation for\n\nin executing requests\nassistance in criminal matters;\n\nfor mutual police and judicial\n\n(a)\n\nof\n\nother Member\n\nthe managers of establishments providing accommodation\nor their agents see to it that aliens accommodated therein,\nincluding nationals of the other Contracting Parties and\nthose\nEuropean\nCommunities, with the exception of accompanying spouses\nor accompanying minors or members of travel groups,\npersonally complete and sign registration forms and\nconfirm their\nidentity by producing a valid identity\ndocument;\n\nStates\n\nthe\n\nof\n\n(b) the completed registration forms will be kept\n\nfor the\ncompetent authorities or forwarded to them where such\nauthorities deem this necessary for\nthe prevention of\nthreats,\ninvestigations or for clarifying the\ncircumstances of missing persons or accident victims, save\nwhere national law provides otherwise. for criminal\n\n(c) with the tasks carried out by the authorities responsible for\n\nexternal border surveillance. Liaison officers shall have the task of providing advice\n3. empowered to take\nand assistance. They shall not be\nindependent police action. They shall supply information and\nperform their duties in accordance with the instructions given\nto them by the seconding Contracting Party and by the\nContracting Party to which they are seconded. They shall\nreport regularly to the head of the police department to which\nthey are seconded. 4. The Contracting Parties may agree within a bilateral or\nmultilateral framework that liaison officers from a Contracting\n\n\f34\n\nEN\n\nOfficial Journal of the European Communities\n\n22. 9. 2000\n\ninformation to other Contracting\n\nParty seconded to third States shall also represent the interests\nsuch\nof one or more other Contracting Parties. Under\nliaison officers seconded to third States shall\nagreements,\nsupply\nParties when\nrequested to do so or on their own initiative and shall, within\nthe limits of their powers, perform duties on behalf of such\ninform one another of\nParties. The Contracting Parties shall\ntheir intentions with regard to the secondment of\nliaison\nofficers to third States. CHAPTER 2\n\nMUTUAL ASSISTANCE IN CRIMINAL MATTERS\n\nArticle 48\n\nare\n\nintended\n\nthis Chapter\n\nThe provisions of\n\n1. to\nsupplement the European Convention on Mutual Assistance in\nin relations\nCriminal Matters of 20 April 1959 as well as,\nbetween the Contracting Parties which are members of the\nBenelux Economic Union, Chapter II of the Benelux Treaty\nconcerning Extradition and Mutual Assistance in Criminal\nMatters of 27 June 1962, as amended by the Protocol of 11\nthose\nMay 1974, and to facilitate the implementation of\nAgreements. Paragraph 1 shall not affect\n\n2. the\nbroader provisions of the bilateral agreements in force between\nthe Contracting Parties. the application of\n\nArticle 49\n\nMutual assistance shall also be afforded:\n\n(a)\n\n(b)\n\nin proceedings brought by the administrative authorities in\nrespect of acts which are punishable under the national\nlaw of one of the two Contracting Parties, or of both, by\nlaw, and\nvirtue of being infringements of\nwhere the decision may give rise to proceedings before a\ncourt having jurisdiction in particular in criminal matters;\n\nthe rules of\n\nin proceedings\nwrongful prosecution or conviction;\n\nfor claims\n\nfor damages arising from\n\n(f)\n\nin respect of measures relating to the deferral of delivery\nor suspension of enforcement of a sentence or a preventive\nmeasure, to conditional release or to a stay or interruption\nof enforcement of a sentence or a preventive measure. Article 50\n\n1. The Contracting Parties undertake to afford each other,\nin accordance with the Convention and the Treaty referred to\nin Article 48, mutual assistance as regards infringements of\ntheir laws and regulations on excise duties, value added tax\nand customs duties. Customs provisions shall mean the rules\nlaid down in Article 2 of the Convention of 7 September 1967\nbetween Belgium, the Federal Republic of Germany, France,\nItaly, Luxembourg and the Netherlands on Mutual Assistance\nbetween Customs Administrations, and Article 2 of Council\nRegulation (EEC) No 1468/81 of 19 May 1981. Requests regarding evasion of excise duties may not be\n2. rejected on the grounds that the requested country does not\nlevy excise duties on the goods referred to in the request. The requesting Contracting Party shall not forward or use\n3. requested\nobtained\ninformation or\nContracting\nor\nproceedings other than those referred to in its request without\nthe prior consent of the requested Contracting Party. evidence\nfor\n\ninvestigations,\n\nprosecutions\n\nfrom the\n\nParty\n\n4. The mutual assistance provided for in this Article may be\nrefused where the alleged amount of duty underpaid or evaded\ndoes not exceed ECU 25 000 or where the presumed value of\nthe goods exported or imported without authorisation does\nnot exceed ECU 100 000, unless, given the circumstances or\nthe identity of the accused, the case is deemed to be extremely\nserious by the requesting Contracting Party. 5. The provisions of this Article shall also apply when the\nmutual assistance requested concerns acts punishable only by a\nfine by virtue of being infringements of the rules of law in\nproceedings brought by the administrative authorities, where\nthe request for assistance was made by a judicial authority. (c)\n\nin clemency proceedings;\n\nArticle 51\n\n(d)\n\nin civil actions joined to criminal proceedings, as long as\nthe criminal court has not yet taken a final decision in the\ncriminal proceedings;\n\nThe Contracting Parties may not make the admissibility of\nletters rogatory for search or seizure dependent on conditions\nother than the following:\n\n(e)\n\njudicial documents\n\nin the service of\nrelating to the\nenforcement of a sentence or a preventive measure, the\nimposition of a fine or\nfor\nproceedings;\n\nthe payment of costs\n\n(a)\n\nthe act giving rise to the letters rogatory is punishable\nunder the law of both Contracting Parties by a penalty\ninvolving deprivation of liberty or a detention order of a\n\n\f22. 9. 2000\n\nEN\n\nOfficial Journal of the European Communities\n\n35\n\nmaximum period of at least six months, or is punishable\nunder the law of one of the two Contracting Parties by an\nequivalent penalty and under\nthe other\nContracting Party by virtue of being an infringement of the\nrules\nthe\nadministrative authorities, and where the decision may give\nrise to proceedings before a court having jurisdiction in\nparticular in criminal matters;\n\nbeing prosecuted\n\nlaw which is\n\nthe law of\n\nby\n\nof\n\n(b) execution of the letters rogatory is consistent with the law\n\nof the requested Contracting Party. Article 52\n\nEach Contracting Party may send procedural documents\n1. directly by post to persons who are in the territory of another\nContracting Party. The Contracting Parties\nsend the\nExecutive Committee a list of the documents which may be\nforwarded in this way. shall\n\n2. Where there is reason to believe that the addressee does\nnot understand the language in which the document is written,\nthe document (cid:151) or at least the important passages thereof (cid:151)\nmust be translated into (one of)\nthe\nContracting Party in whose territory the addressee is staying. If\nthe\nthe authority forwarding the document knows\nthe\naddressee\ndocument (cid:151) or at least the important passages thereof (cid:151)\nmust be translated into that other language. that\nlanguage,\n\nthe language(s) of\n\nunderstands only\n\nsome other\n\n3. Experts or witnesses who have failed to answer a\nsummons to appear sent to them by post shall not, even if the\nsummons contains a notice of penalty, be subjected to any\npunishment or measure of constraint, unless subsequently they\nvoluntarily enter into the territory of the requesting Party and\nare there again duly summoned. Authorities sending a postal\nsummons to appear shall ensure that this does not involve a\nnotice of penalty. This provision shall be without prejudice to\nArticle 34 of the Benelux Treaty concerning Extradition and\nMutual Assistance in Criminal Matters of 27 June 1962, as\namended by the Protocol of 11 May 1974. If the act on which the request for assistance is based is\n4. punishable under the law of both Contracting Parties by virtue\nof being an infringement of the rules of law which is being\nprosecuted by the administrative authorities, and where the\ndecision may give rise to proceedings before a court having\njurisdiction in particular in criminal matters, the procedure\noutlined in paragraph 1 must in principle be used for the\nforwarding of procedural documents. Article 53\n\nRequests for assistance may be made directly between\n\n1. judicial authorities and returned via the same channels. Paragraph 1 shall not prejudice the possibility of requests\n2. being sent and returned between Ministries of\nJustice or\nthrough national central bureaux of the International Criminal\nPolice Organisation. 3. Requests for the temporary transfer or transit of persons\nwho are under provisional arrest, being detained or who are\nthe subject of a penalty involving deprivation of liberty, and\nthe periodic or occasional exchange of information from the\njudicial records must be effected through the Ministries of\nJustice. 4. Within the meaning of\nthe European Convention on\nMutual Assistance in Criminal Matters of 20 April 1959,\nwhere the Federal Republic of Germany is concerned, Ministry\nof Justice shall mean the Federal Minister of Justice and the\nJustice Ministers or Senators in the Federal States (L(cid:228)nder). Information laid in connection with proceedings against\n5. infringement of the legislation on driving and rest periods, in\naccordance with Article 21 of the European Convention on\nMutual Assistance in Criminal Matters of 20 April 1959 or\nArticle 42 of the Benelux Treaty on Extradition and Mutual\nAssistance in Criminal Matters of 27 June 1962, as amended\nby the Protocol of 11 May 1974, may be sent by the judicial\nauthorities of the requesting Contracting Party directly to the\njudicial authorities of the requested Contracting Party. CHAPTER 3\n\nAPPLICATION OF THE NE BIS IN IDEM PRINCIPLE\n\nArticle 54\n\nin one\nA person whose trial has been finally disposed of\nContracting\nParty may not be prosecuted in another\nContracting Party for the same acts provided that, if a penalty\nhas been imposed,\nis actually in the\nit has been enforced,\nprocess of being enforced or can no longer be enforced under\nthe laws of the sentencing Contracting Party. 5. Notwithstanding paragraph 1, procedural documents\nmay be forwarded via the judicial authorities of the requested\nContracting Party where the addressee\u2019s address is unknown or\nwhere the requesting Contracting Party requires a document to\nbe served in person. 1. A Contracting Party may, when ratifying, accepting or\napproving this Convention, declare that it is not bound by\nArticle 54 in one or more of the following cases:\n\nArticle 55\n\n\f36\n\nEN\n\nOfficial Journal of the European Communities\n\n22. 9. 2000\n\n(a) where the acts to which the foreign judgment relates took\nplace in whole or in part in its own territory; in the latter\ncase, however, this exception shall not apply if the acts\ntook place in part in the territory of the Contracting Party\nwhere the judgment was delivered;\n\napproving this Convention, nominate\n\n3. Each Contracting Party shall, when ratifying, accepting\nauthorities\nor\nauthorised to request and receive the information provided for\nin this Article. the\n\n(b) where the acts to which the foreign judgment relates\nconstitute an offence against national security or other\nequally essential interests of that Contracting Party;\n\nArticle 58\n\n(c) where the acts to which the foreign judgment relates were\nthat Contracting Party in\n\ncommitted by officials of\nviolation of the duties of their office. 2. A Contracting Party which has made a declaration\nregarding the exception referred to in paragraph 1(b) shall\nspecify the categories of offences to which this exception may\napply. 3. A Contracting Party may at any time withdraw a\ndeclaration relating to one or more of the exceptions referred\nto in paragraph 1. The exceptions which were the subject of a declaration\n4. under paragraph 1 shall not apply where the Contracting Party\nconcerned has, in connection with the same acts, requested the\nother Contracting Party to bring the prosecution or has\ngranted extradition of the person concerned. Article 56\n\nIf a further prosecution is brought\nin a Contracting Party\nagainst a person whose trial, in respect of the same acts, has\nbeen finally disposed of\nin another Contracting Party, any\nperiod of deprivation of liberty served in the latter Contracting\nParty arising from those acts shall be deducted from any\npenalty imposed. To the extent permitted by national\nlaw,\npenalties not\nliberty shall also be\ntaken into account. involving deprivation of\n\nArticle 57\n\n1. Where a Contracting Party charges a person with an\noffence and the competent authorities of\nthat Contracting\nParty have reason to believe that the charge relates to the same\nacts as those in respect of which the person\u2019s trial has been\nfinally disposed of\nthose\nauthorities shall, if they deem it necessary, request the relevant\ninformation from the competent authorities of the Contracting\nParty in whose territory judgment has already been delivered. in another Contracting Party,\n\n2. The information requested shall be provided as soon as\npossible and shall be taken into consideration as regards\nfurther action to be taken in the proceedings under way. The above provisions shall not preclude the application of\nbroader national provisions on the ne bis in idem principle with\nregard to judicial decisions taken abroad. CHAPTER 4\n\nEXTRADITION\n\nArticle 59\n\nare\n\nchapter\n\nintended\n\nThe provisions of\n\n1. to\nthis\nsupplement the European Convention on Extradition of 13\nin relations between the\nas,\nSeptember 1957 as well\nContracting Parties which are members of\nthe Benelux\nEconomic Union, Chapter I of the Benelux Treaty concerning\nExtradition and Mutual Assistance in Criminal Matters of 27\nJune 1962, as amended by the Protocol of 11 May 1974, and\nto facilitate the implementation of those agreements. Paragraph 1 shall not affect\n\n2. the\nbroader provisions of the bilateral agreements in force between\nthe Contracting Parties. the application of\n\nArticle 60\n\nIn relations between two Contracting Parties, one of which is not a\nParty to the European Convention on Extradition of 13 September\n1957, the provisions of the said Convention shall apply, subject to\nthe reservations and declarations made at the time of ratifying that\nConvention or, for Contracting Parties which are not Parties to the\nConvention, at\nthe time of ratifying, approving or accepting this\nConvention. Article 61\n\nthe Contracting Parties, persons\n\nThe French Republic undertakes to extradite, at the request of\none of\nagainst whom\nfor acts punishable under\nproceedings are being brought\nFrench law by a penalty involving deprivation of liberty or a\ndetention order of a maximum period of at least two years and\nunder the law of the requesting Contracting Party by a penalty\ninvolving deprivation of\nliberty or a detention order of a\nmaximum period of at least one year. 22. 9. 2000\n\nEN\n\nOfficial Journal of the European Communities\n\n37\n\nArticle 62\n\n(cid:151) as regards the Grand Duchy of Luxembourg: the Ministry\n\nof Justice,\n\nAs regards interruption of limitation of actions, only the\n\n1. provisions of the requesting Contracting Party shall apply. (cid:151) as regards the Kingdom of the Netherlands: the Ministry of\n\nJustice. 2. An amnesty granted by the requested Contracting Party\nshall not prevent extradition unless the offence falls within the\njurisdiction of that Contracting Party. Article 66\n\n3. The absence of a charge or an official notice authorising\nproceedings, necessary only under the law of the requested\nContracting Party, shall not affect the obligation to extradite. Article 63\n\nin accordance with the\nThe Contracting Parties undertake,\nConvention and the Treaty referred to in Article 59,\nto\nextradite between themselves persons being prosecuted by the\njudicial authorities of the requesting Contracting Party for one\nof the offences referred to in Article 50(1), or sought by the\nrequesting Contracting Party for the purposes of enforcing a\nsentence or preventive measure imposed in respect of such an\noffence. If\n\n1. the extradition of a wanted person is not clearly\nprohibited under the laws of the requested Contracting Party,\nthat Contracting Party may authorise extradition without\nthe wanted\nformal extradition proceedings, provided that\nperson agrees thereto in a statement made before a member of\nthe judiciary after being heard by the latter and informed of\nthe right to formal extradition proceedings. The wanted person\nmay be assisted by a lawyer during the hearing. In cases of extradition under paragraph 1, wanted\n2. persons who explicitly state that\nthey will relinquish the\nprotection offered by the principle of speciality may not\nrevoke that statement. CHAPTER 5\n\nArticle 64\n\nTRANSFER OF THE ENFORCEMENT OF CRIMINAL\nJUDGMENTS\n\nAn alert entered into the Schengen Information System in\naccordance with Article 95 shall have the same force as a\nrequest for provisional arrest under Article 16 of the European\nConvention on Extradition of 13 September 1957 or Article\n15 of the Benelux Treaty concerning Extradition and Mutual\nAssistance in Criminal Matters of 27 June 1962, as amended\nby the Protocol of 11 May 1974. Article 67\n\nThe following provisions shall apply between the Contracting\nParties which are Parties to the Council of Europe Convention\non the Transfer of Sentenced Persons of 21 March 1983, for\nthe purposes of supplementing that Convention. Article 65\n\nArticle 68\n\n1. Without prejudice to the option of using the diplomatic\nchannel, requests for extradition and transit shall be sent by\nthe relevant Ministry of the requesting Contracting Party to the\ncompetent Ministry of the requested Contracting Party. 2. The competent Ministries shall be:\n\n(cid:151) as regards the Kingdom of Belgium: the Ministry of Justice,\n\n(cid:151) as regards the Federal Republic of Germany: the Federal\nMinistry of Justice and the Justice Ministers or Senators in\nthe Federal States (L(cid:228)nder),\n\n(cid:151) as regards the French Republic: the Ministry of Foreign\n\nAffairs,\n\n1. The Contracting Party in whose territory a penalty\ninvolving deprivation of liberty or a detention order has been\nimposed by a judgment which has obtained the force of res\njudicata in respect of a national of another Contracting Party\nwho, by escaping to the national\u2019s own country, has avoided\nthe enforcement of\nthat penalty or detention order may\nrequest the latter Contracting Party, if the escaped person is\nwithin its territory, to take over the enforcement of the penalty\nor detention order. 2. The requested Contracting Party may, at the request of\nthe requesting Contracting Party, prior to the arrival of the\ndocuments supporting the request that the enforcement of the\npenalty or detention order or part thereof remaining to be\nserved be taken over, and prior to the decision on that request,\ntake the sentenced person into police custody or take other\nmeasures\nthe person remains within the\nterritory of the requested Contracting Party. to ensure that\n\n\f38\n\nEN\n\nOfficial Journal of the European Communities\n\n22. 9. 2000\n\nArticle 69\n\nThe transfer of enforcement under Article 68 shall not require\nthe consent of\nthe person on whom the penalty or the\ndetention order has been imposed. The other provisions of the\nCouncil of Europe Convention on the Transfer of Sentenced\nPersons of 21 March 1983 shall apply mutatis mutandis. CHAPTER 6\n\nNARCOTIC DRUGS\n\nArticle 70\n\nthe illegal\n\n3. To combat\nimport of narcotic drugs and\nincluding cannabis, the Contracting\npsychotropic substances,\nParties shall step up their checks on the movement of persons,\ngoods and means of transport at their external borders. Such\nmeasures shall be drawn up by the working party provided for\ninter alia,\nin Article 70. This working party shall consider,\ntransferring some of the police and customs staff released from\ninternal border duty and the use of modern drug-detection\nmethods and sniffer dogs. 4. To ensure compliance with this Article, the Contracting\nParties shall specifically carry out surveillance of places known\nto be used for drug trafficking. 5. The Contracting Parties shall do their utmost to prevent\nand combat the negative effects arising from the illicit demand\nfor narcotic drugs and psychotropic substances of whatever\nincluding cannabis. Each Contracting Party shall be\ntype,\nresponsible for the measures adopted to this end. 1. The Contracting Parties shall set up a permanent working\nparty to examine common problems relating to combating crime\ninvolving narcotic drugs and to draw up proposals, where necessary,\nto improve the practical and technical aspects of cooperation between\nthe Contracting Parties. The working party shall submit its proposals\nto the Executive Committee. Article 72\n\nin accordance with their\nshall,\nThe Contracting Parties\nconstitutions and their national\nlegal systems, ensure that\nlegislation is enacted to enable the seizure and confiscation of\nthe proceeds of the illicit trafficking in narcotic drugs and\npsychotropic substances. 2. The working party referred to in paragraph 1, whose members\nshall be nominated by the competent national authorities, shall\ninclude representatives of the police and customs authorities. Article 73\n\nArticle 71\n\n1. The Contracting Parties undertake as regards the direct or\nindirect sale of narcotic drugs and psychotropic substances of\nwhatever type, including cannabis, and the possession of such\nproducts and substances\nin\naccordance with the existing United Nations Conventions (*),\nall necessary measures\nto prevent and punish the illicit\ntrafficking in narcotic drugs and psychotropic substances. for sale or export,\n\nto adopt\n\n2. The Contracting Parties undertake to prevent and punish\nby administrative and penal measures the illegal export of\nnarcotic\nincluding\npsychotropic\ncannabis, as well as the sale, supply and handing over of such\nproducts and substances, without prejudice to the relevant\nprovisions of Articles 74, 75 and 76. substances,\n\ndrugs\n\nand\n\n(*) Single Convention on Narcotic Drugs of 1961, as amended by the\n1972 Protocol amending the 1961 Single Convention on Narcotic\nDrugs;\nthe\nUnited Nations Convention against Illicit Traffic in Narcotic Drugs\nand Psychotropic Substances of 20 December 1988. the 1971 Convention on Psychotropic Substances;\n\nThe Contracting Parties undertake,\n\nin accordance with\n1. their constitutions and their national\nlegal systems, to adopt\nmeasures to allow controlled deliveries to be made in the\nand\nillicit\ncontext of\npsychotropic substances. trafficking in narcotic drugs\n\nthe\n\nIn each individual case, a decision to allow controlled\n2. deliveries will be taken on the basis of prior authorisation\nfrom each Contracting Party concerned. 3. Each Contracting Party shall retain responsibility for and\ncontrol over any operation carried out in its own territory and\nshall be entitled to intervene. Article 74\n\nthe\n\nlegal\n\ntrade\n\nregards\n\nAs\nin narcotic drugs and psychotropic\nsubstances, the Contracting Parties agree that the checks arising from\nobligations under the United Nations Conventions listed in Article\n71 and which are carried out at internal borders shall, wherever\npossible, be transferred to within the country. 22. 9. 2000\n\nEN\n\nOfficial Journal of the European Communities\n\n39\n\nArticle 75\n\nAs regards the movement of travellers to the territories\n1. the Contracting Parties or their movement within these\nof\nterritories, persons may\nand\ncarry\npsychotropic substances that are necessary for their medical\ntreatment provided that, at any check,\nthey produce a\ncertificate issued or authenticated by a competent authority of\ntheir State of residence. the narcotic drugs\n\nThe Executive Committee shall\n\n2. lay down the form and\ncontent of the certificate referred to in paragraph 1 and issued\nby one of the Contracting Parties, with particular reference to\nthe products and\ndetails on the nature and quantity of\nsubstances and the duration of the journey. 3. The Contracting Parties shall notify each other of the\nauthorities responsible for the issue and authentication of the\ncertificate referred to in paragraph 2. their acquisition or possession by,\n\npersons; it does not cover the supply of firearms or ammunition to,\nthe central and territorial\nor\nauthorities,\nthe armed forces or the police or the manufacture of\nfirearms and ammunition by public undertakings. Article 78\n\nFor the purposes of this chapter, firearms shall be classified as\n\n1. follows:\n\n(a) prohibited firearms;\n\n(b)\n\nfirearms subject to authorisation;\n\n(c)\n\nfirearms subject to declaration. Article 76\n\nThe breach-closing mechanism, the magazine and the barrel of\n2. firearms\nregulations\nsubject mutatis mutandis to the\ngoverning the weapon of which they are, or are intended to be,\nmounted. shall be\n\n1. The Contracting Parties shall, where necessary, and in\naccordance with their medical, ethical and practical usage,\nadopt appropriate measures for the control of narcotic drugs\nand psychotropic substances which in the territory of one or\nmore Contracting Parties are subject to more rigorous controls\nthan in their own territory, so as not\nto jeopardise the\neffectiveness of such controls. For\n\nthe purposes of\n\n3. firearms(cid:146) shall\nmean firearms with a barrel not exceeding 30 cm or whose overall\nlength does not exceed 60 cm; (cid:145)long firearms(cid:146) shall mean all other\nfirearms. this Convention,\n\n(cid:145)short\n\n2. Paragraph 1 shall also apply to substances frequently\nused in the manufacture of narcotic drugs and psychotropic\nsubstances. The list of prohibited firearms and ammunition shall include\n\n1. the following:\n\nArticle 79\n\n3. The Contracting Parties shall notify each other of the\nmeasures taken in order to monitor the legal trade of the\nsubstances referred to in paragraphs 1 and 2. (a)\n\nfirearms normally used as weapons of war;\n\n(b) automatic firearms, even if they are not weapons of war;\n\nProblems\n\n4. experienced in this\nregularly in the Executive Committee. area\n\nshall be\n\nraised\n\n(c)\n\nfirearms disguised as other objects;\n\n(d) ammunition with penetrating, explosive or incendiary projectiles\n\nand the projectiles for such ammunition;\n\nCHAPTER 7\n\nFIREARMS AND AMMUNITION\n\nArticle 77\n\n(e) ammunition for\n\nand\nhollow-pointed projectiles and projectiles for such ammunition. revolvers with dumdum or\n\npistols\n\nIn special\nfor\n\n2. grant\nfirearms and ammunition referred to in\nauthorisations\nparagraph 1 if this is not contrary to public policy or public security. authorities may\n\ncases\nthe\n\ncompetent\n\nthe\n\n1. The Contracting Parties undertake to adapt their national laws,\nregulations and administrative provisions relating to the acquisition,\npossession, trade in and handing over of firearms and ammunition to\nthe provisions of this chapter. Article 80\n\n2. handing over of\n\nThis chapter covers the acquisition, possession, trade in and\nfirearms and ammunition by natural and legal\n\n1. The list of firearms the acquisition and possession of which is\nsubject to authorisation shall include at least the following if they are\nnot prohibited:\n\n\f40\n\nEN\n\nOfficial Journal of the European Communities\n\n22. 9. 2000\n\n(a) semi-automatic or repeating short firearms;\n\n(b) single-shot short firearms with centrefire percussion;\n\n(a)\n\nfirearms whose model or year of manufacture, save in\nexceptional cases, predates 1 January 1870, provided that\nthey cannot fire ammunition intended for prohibited arms\nor arms subject to authorisation;\n\n(c)\n\nsingle-shot short firearms with rimfire percussion, with an overall\nlength of less than 28 cm;\n\n(b) reproductions of arms listed under (a), provided that they\n\ncannot be used to fire metal-case cartridges;\n\n(d) semi-automatic long firearms whose magazine and chamber can\n\ntogether hold more than three rounds;\n\n(c)\n\nfirearms which by technical procedures guaranteed by the\nstamp of an official body or recognised by such a body\nhave been rendered unfit to fire any kind of ammunition. (e)\n\nrepeating semi-automatic long firearms with smoothbore barrels\nnot exceeding 60 cm in length;\n\n(f)\n\nsemi-automatic firearms for civilian use which resemble weapons\nof war with automatic mechanisms. 2. The list of firearms subject to authorisation shall not include:\n\n(a) arms used as warning devices or alarms or to fire non-lethal\nincapacitants, provided that it is guaranteed by technical means\nthat such arms cannot be converted, using ordinary tools, to fire\nammunition with projectiles and provided that the firing of an\nirritant substance does not cause permanent injury to persons;\n\n(b) semi-automatic\n\nlong firearms whose magazine and chamber\ncannot hold more than three rounds without being reloaded,\nprovided that the loading device is non-removable or that it is\ncertain that\nthe firearms cannot be converted, using ordinary\ntools, into firearms whose magazine and chamber can together\nhold more than three rounds. Article 83\n\nAuthorisation to acquire and to possess a firearm listed in Article 80\nmay be issued only:\n\n(a)\n\nthe person concerned is over 18 years of age, with the\n\nif\nexception of dispensations for hunting or sporting purposes;\n\n(b)\n\nif the person concerned is not unfit, as a result of mental illness\nor any other mental or physical disability, to acquire or possess a\nfirearm;\n\n(c)\n\nif the person concerned has not been convicted of an offence, or if\nthere are no other indications that the person might be a danger\nto public policy or public security;\n\n(d)\n\nif the reasons given by the person concerned for acquiring or\npossessing firearms can be considered legitimate. Article 81\n\nArticle 84\n\nThe list of firearms subject to declaration shall include, if such arms\nare neither prohibited nor subject to authorisation:\n\n(a) repeating long firearms;\n\n(b)\n\nlong firearms with single-shot rifled barrel or barrels;\n\n(c)\n\nsingle-shot short firearms with rimfire percussion whose overall\nlength exceeds 28 cm;\n\n(d)\n\nthe arms listed in Article 80(2)(b). 1. Declarations in respect of the firearms mentioned in Article 81\nshall be entered in a register kept by the persons referred to in\nArticle 85. If a firearm is transferred by a person not referred to in Article\ntransfer must be made in accordance with\n\n2. 85, a declaration of\nprocedures to be laid down by each Contracting Party. The declarations referred to in this Article shall contain the\nto identify the persons and the arms\n\n3. details necessary in order\nconcerned. Article 82\n\nArticle 85\n\nThe list of arms referred to in Articles 79, 80 and 81 shall not\ninclude:\n\n1. The Contracting Parties undertake to impose an authorisation\nrequirement on manufacturers of, and on dealers in, firearms subject\nto authorisation and to impose a declaration requirement on\n\n\f22. 9. 2000\n\nEN\n\nOfficial Journal of the European Communities\n\n41\n\nmanufacturers of, and on dealers in, firearms subject to declaration. Authorisation for firearms subject to authorisation shall also cover\nfirearms subject to declaration. The Contracting Parties shall carry\nout\nthereby\nguaranteeing effective control. checks on arms manufacturers and arms dealers,\n\n2. The acquisition of ammunition by persons not holding an\nauthorisation to acquire arms shall be subject to the arrangements\ngoverning the weapon for which the ammunition is intended. The\nauthorisation may be issued for a single category or for all categories\nof ammunition. The Contracting Parties undertake to adopt measures to ensure\n2. that, as a minimum requirement, all\nfirearms are permanently\nmarked with a serial number enabling identification and that they\ncarry the manufacturer\u2019s mark. The Contracting Parties shall require manufacturers and dealers\n3. to authorisation or\nfirearms\nto keep a register of all\ndeclaration; the register shall enable rapid identification of the type\nand origin of the firearms and the persons acquiring them. subject\n\nAs regards firearms subject to authorisation under Articles 79\n4. and 80,\nthe Contracting Parties undertake to adopt measures to\nensure that the serial number and the manufacturer\u2019s mark on the\nfirearm are entered in the authorisation issued to its holder. Article 89\n\nThe lists of firearms which are prohibited, subject to authorisation or\nto declaration, may be amended or supplemented by the\nsubject\nExecutive Committee to take account of\ntechnical and economic\ndevelopments and national security. Article 90\n\nThe Contracting Parties may adopt more\nprovisions on the acquisition and possession of\nammunition. stringent\n\nlaws and\nfirearms and\n\nArticle 86\n\nArticle 91\n\nParties\n\nThe Contracting\n\n1. adopt measures\nprohibiting legitimate holders of firearms subject to authorisation or\ndeclaration from handing such arms over to persons who do not hold\neither an authorisation to acquire them or a declaration certificate. undertake\n\nto\n\n2. The Contracting Parties may authorise the temporary handing\nover of such firearms in accordance with procedures that they shall\nlay down. Article 87\n\nThe Contracting Parties shall incorporate in their national law\n1. provisions enabling authorisation to be withdrawn from persons who\nno longer satisfy the conditions for the issue of authorisations under\nArticle 83. including the\n\nThe Contracting Parties undertake\n\nto adopt appropriate\n2. firearms and withdrawal of\nmeasures,\nauthorisations, and to lay down appropriate penalties\nfor any\ninfringements of the laws and regulations on firearms. Such penalties\nmay include the confiscation of firearms. seizure of\n\n1. the\nThe Contracting Parties agree, on the basis of\nEuropean Convention on the Control of the Acquisition and\nPossession of Firearms by Individuals of 28 June 1978, to set\nup within the framework of their national laws an exchange of\ninformation on the acquisition of\nfirearms by persons (cid:151)\nwhether private individuals or firearms dealers (cid:151) habitually\nresident or established in the territory of another Contracting\nParty. A firearms dealer shall mean any person whose trade or\nin the retailing of\nin whole or in part,\nbusiness consists,\nfirearms. 2. The exchange of information shall concern:\n\n(a) between two Contracting Parties having ratified the\nConvention referred to in paragraph 1: the firearms listed\nin Appendix 1(A)(1)(a) to (h) of the said Convention;\n\n(b) between two Contracting Parties at least one of which has\nnot ratified the Convention referred to in paragraph 1:\nfirearms which are subject to authorisation or declaration\nin each of the Contracting Parties. Information on the acquisition of\n\n3. communicated without delay and shall include the following:\n\nfirearms\n\nshall be\n\nArticle 88\n\n1. A person who holds an authorisation to acquire a firearm shall\nnot require an authorisation to acquire ammunition for that firearm. (a)\n\nthe date of acquisition of the firearm and the identity of\nthe person acquiring it, i. e. :\n\n(cid:151) in the case of a natural person: surname, forenames,\ndate and place of birth, address and passport or\nidentity card number, date of issue and details of the\nissuing authority, whether firearms dealer or not,\n\n\f42\n\nEN\n\nOfficial Journal of the European Communities\n\n22. 9. 2000\n\n(cid:151) in the case of a legal person: the name or business\nand the\nname\nand registered place of business\nsurname, forenames, date and place of birth, address\nand passport or identity card number of the person\nauthorised to represent the legal person;\n\n4. Each Contracting Party shall designate the national\nauthority responsible for sending and receiving the information\nreferred to in paragraphs 2 and 3 and shall\nimmediately\ninform the other Contracting Parties of any change of\ndesignated authority. (b) the model, manufacturer\u2019s number, calibre and other\nthe firearm in question and its serial\n\ncharacteristics of\nnumber. 5. The authority designated by each Contracting Party may\nforward the information it has received to the competent local\npolice authorities and the authorities responsible for border\nsurveillance,\nfor the purposes of preventing or prosecuting\ncriminal offences and infringements of rules of law. TITLE IV\n\nTHE SCHENGEN INFORMATION SYSTEM\n\nCHAPTER 1\n\nESTABLISHMENT OF THE SCHENGEN INFORMATION SYSTEM\n\nArticle 92\n\n1. The Contracting Parties shall set up and maintain a joint\ninformation system, hereinafter referred to as (cid:145)the Schengen\nInformation System(cid:146), consisting of a national section in each of\nthe Contracting Parties and a technical support function. The\nSchengen Information System shall enable the authorities\ndesignated by the Contracting Parties, by means of an\nautomated search procedure,\nto have access to alerts on\npersons and property for the purposes of border checks and\nother police and customs checks carried out within the\ncountry in accordance with national law and, in the case of the\nspecific category of alerts referred to in Article 96, for the\npurposes of\nthe\nadministration of legislation on aliens in the context of the\napplication of the provisions of this Convention relating to the\nmovement of persons. residence permits\n\nissuing\n\nvisas,\n\nand\n\nsupport\n\nto the data files of\n\n2. Each Contracting Party shall set up and maintain, for its\nown account and at its own risk, its national section of the\nSchengen Information System, the data file of which shall be\nmade materially identical\nthe national\nsections of each of the other Contracting Parties by means of\nthe technical\nfunction. To ensure the rapid and\neffective transmission of data as referred to in paragraph 3,\neach Contracting Party shall observe, when setting up its\nnational section,\nthe protocols and procedures which the\nContracting Parties have jointly established for the technical\nsupport\nfunction. Each national section\u2019s data file shall be\navailable for the purposes of carrying out automated searches\nin the territory of each of the Contracting Parties. It shall not\nbe possible to search the data files of other Contracting Parties\u2019\nnational sections. 3. The Contracting Parties shall set up and maintain, on a\ncommon cost basis and bearing joint liability, the technical\nsupport function of the Schengen Information System. The\nFrench Republic shall be responsible for the technical support\nfunction, which shall be located in Strasbourg. The technical\n\nthe data files of\n\nsupport function shall comprise a data file which will ensure\nvia on-line transmission that\nthe national\nsections contain identical\ninformation. The data files of the\ntechnical support function shall contain alerts for persons and\nproperty in so far as these concern all the Contracting Parties. The data file of the technical support function shall contain no\ndata other than those referred to in this paragraph and in\nArticle 113(2). CHAPTER 2\n\nOPERATION AND USE OF THE SCHENGEN INFORMATION\nSYSTEM\n\nArticle 93\n\nThe purpose of the Schengen Information System shall be in\naccordance with this Convention to maintain public policy and\npublic security, including national security, in the territories of\nthe Contracting Parties and to apply the provisions of this\nConvention relating to the movement of persons in those\nterritories, using information communicated via this system. Article 94\n\n1. The Schengen Information System shall contain only\nthose categories of data which are supplied by each of the\nContracting Parties, as required for the purposes laid down in\nArticles 95 to 100. The Contracting Party issuing an alert shall\ndetermine whether the case is important enough to warrant\nentry of the alert in the Schengen Information System. 2. The categories of data shall be as follows:\n\n(a) persons for whom an alert has been issued;\n\n(b) objects referred to in Article 100 and vehicles referred to\n\nin Article 99. 22. 9. 2000\n\nEN\n\nOfficial Journal of the European Communities\n\n43\n\nFor persons, the information shall be no more than the\n\n3. following:\n\n(a) surname and forenames, any aliases possibly entered\n\nseparately;\n\n(b) any specific objective physical characteristics not subject to\n\nchange;\n\n(c)\n\nfirst letter of second forename;\n\n(d) date and place of birth;\n\n(e) sex;\n\n(f) nationality;\n\n(g) whether the persons concerned are armed;\n\n(h) whether the persons concerned are violent;\n\n(i)\n\nreason for the alert;\n\n(j) action to be taken. Other information,\nin particular the data listed in the first\nsentence of Article 6 of the Council of Europe Convention for\nthe Protection of\nIndividuals with regard to Automatic\nProcessing of Personal Data of 28 January 1981, shall not be\nauthorised. 4. Where a Contracting Party considers that an alert\nin\naccordance with Articles 95, 97 or 99 is incompatible with its\nnational law, its international obligations or essential national\ninterests, it may subsequently add to the alert contained in the\ndata file of the national section of the Schengen Information\nSystem a flag to the effect that the action to be taken on the\nbasis of the alert will not be taken in its territory. Consultation\nmust be held in this connection with the other Contracting\nParties. the Contracting Party issuing the alert does not\nwithdraw the alert, it shall continue to apply in full for the\nother Contracting Parties. If\n\nArticle 95\n\nData on persons wanted for arrest\n\n1. purposes\nauthority of the requesting Contracting Party. shall be entered at\n\nthe request of\n\nfor extradition\nthe judicial\n\nThe Contracting Party issuing the alert shall send the requested\nContracting Parties by the quickest means possible both the\nalert and the following essential\ninformation relating to the\ncase:\n\n(a)\n\nthe authority which issued the request for arrest;\n\n(b) whether there is an arrest warrant or other document\nhaving the same legal effect, or an enforceable judgment;\n\n(c)\n\nthe nature and legal classification of the offence;\n\n(d) a description of the circumstances in which the offence\nwas committed, including the time, place and the degree of\nparticipation in the offence by the person for whom the\nalert has been issued;\n\n(e)\n\nin so far as is possible, the consequences of the offence. 3. A requested Contracting Party may add to the alert in the\ndata file of its national section of the Schengen Information\nSystem a flag prohibiting arrest on the basis of the alert until\nthe flag is deleted. The flag must be deleted no later than 24\nhours after the alert has been entered, unless the Contracting\nParty refuses to make the requested arrest on legal grounds or\nfor special reasons of expediency. In particularly exceptional\ncases where this is justified by the complex nature of the facts\nbehind the alert, the above time limit may be extended to one\nweek. Without prejudice to a flag or a decision to refuse the\narrest,\nthe other Contracting Parties may make the arrest\nrequested in the alert. If,\n\n4. for particularly urgent reasons, a Contracting Party\nrequests an immediate search, the requested Contracting Party\nshall examine whether it is able to withdraw its flag. The\nrequested Contracting Party shall take the necessary steps to\nthe action to be taken can be carried out\nensure that\nimmediately if the alert is validated. 5. If the arrest cannot be made because an investigation has\nnot been completed or because a requested Contracting Party\nrefuses, the latter must regard the alert as being an alert for the\npurposes of communicating the place of residence of\nthe\nperson concerned. 6. the\nThe requested Contracting Parties shall carry out\naction as requested in the alert in accordance with extradition\nConventions in force and with national law. They shall not be\nobliged to carry out the action requested where one of their\nnationals is involved, without prejudice to the possibility of\nmaking the arrest in accordance with national law. 2. Before issuing an alert, the Contracting Party shall check\nwhether the arrest is authorised under the national law of the\nrequested Contracting Parties. If the Contracting Party issuing\nthe alert has any doubts, it must consult the other Contracting\nParties concerned. Article 96\n\n1. Data on aliens for whom an alert has been issued for the\npurposes of refusing entry shall be entered on the basis of a\n\n\f44\n\nEN\n\nOfficial Journal of the European Communities\n\n22. 9. 2000\n\nnational alert resulting from decisions taken by the competent\nadministrative authorities or courts in accordance with the\nrules of procedure laid down by national law. Article 99\n\nDecisions may be based on a threat to public policy or\n2. public security or to national security which the presence of\nan alien in national territory may pose. This situation may arise in particular in the case of:\n\n(a) an alien who has been convicted of an offence carrying a\npenalty involving deprivation of liberty of at least one year;\n\n(b) an alien in respect of whom there are serious grounds for\nbelieving that he has committed serious criminal offences,\nincluding those referred to in Article 71, or in respect of\nwhom there is clear evidence of an intention to commit\nsuch offences in the territory of a Contracting Party. 3. Decisions may also be based on the fact that the alien\nhas been subject to measures involving deportation, refusal of\nentry or removal which have not been rescinded or suspended,\nincluding or accompanied by a prohibition on entry or, where\napplicable, a prohibition on residence, based on a failure to\ncomply with national regulations on the entry or residence of\naliens. Article 97\n\nthe request of\n\nData on missing persons or persons who,\nfor their own\nprotection or in order to prevent threats, need temporarily to\nthe\nbe placed under police protection at\ncompetent authority or the competent judicial authority of the\nParty issuing the alert shall be entered, so that\nthe police\nauthorities may communicate their whereabouts to the Party\nissuing the alert or may move the persons to a safe place in\nif so\norder to prevent them from continuing their journey,\nauthorised by national\nlaw. This shall apply in particular to\nminors and persons who must be interned following a decision\nby a competent authority. The communication of data on a\nmissing person who is of age shall be subject to the person\u2019s\nconsent. Article 98\n\nfor acts\n\nto account\n\n1. Data on witnesses, persons summoned to appear before\nthe judicial authorities in connection with criminal proceedings\nfor which they are being\nin order\nprosecuted, or persons who are to be served with a criminal\njudgment or a summons to report in order to serve a penalty\ninvolving deprivation of liberty shall be entered, at the request\nof\nfor the purposes of\ncommunicating their place of residence or domicile. judicial authorities,\n\nthe competent\n\nData on persons or vehicles\nlaw of\n\nshall be\nentered in\n1. accordance with the national\nthe Contracting Party\nissuing the alert, for the purposes of discreet surveillance or of\nspecific checks in accordance with paragraph 5. Such an alert may be issued for\n\n2. the purposes of\nprosecuting criminal offences and for the prevention of threats\nto public security:\n\n(a) where there is clear evidence that the person concerned\nis committing numerous and\n\nto commit or\n\nintends\nextremely serious criminal offences; or\n\n(b) where an overall assessment of the person concerned, in\nparticular on the basis of past criminal offences, gives\nreason to suppose that\nthat person will also commit\nextremely serious criminal offences in the future. security, where there is clear evidence that\n\n3. In addition, the alert may be issued in accordance with\nnational law, at the request of the authorities responsible for\nnational\nthe\ninformation referred to in paragraph 4 is necessary in order to\nprevent a serious threat by the person concerned or other\nserious threats to internal or external national security. The\nContracting Party issuing the alert shall be obliged to consult\nthe other Contracting Parties beforehand. 4. For the purposes of discreet surveillance, all or some of\nthe following information may be collected and communicated\nto the authority issuing the alert when border checks or other\npolice and customs checks are carried out within the country:\n\n(a)\n\nthe fact that the person for whom or the vehicle for which\nan alert has been issued has been found;\n\n(b) the place, time or reason for the check;\n\n(c)\n\nthe route and destination of the journey;\n\n(d) persons accompanying the person concerned or occupants\n\nof the vehicle;\n\n(e)\n\nthe vehicle used;\n\n(f) objects carried;\n\n(g) the circumstances under which the person or the vehicle\n\nwas found. Information requested shall be communicated to the\n2. requesting Party in accordance with national\nlaw and the\nConventions in force on mutual assistance in criminal matters. During the collection of this information steps must be taken\nnot to jeopardise the discreet nature of the surveillance. 22. 9. 2000\n\nEN\n\nOfficial Journal of the European Communities\n\n45\n\n5. During the specific checks referred to in paragraph 1,\npersons, vehicles and objects carried may be searched in\naccordance with national law for the purposes referred to in\nparagraphs 2 and 3. If the specific check is not authorised\nunder the law of a Contracting Party, it shall automatically be\nreplaced, for that Contracting Party, by discreet surveillance. 6. A requested Contracting Party may add to the alert in the\ndata file of its national section of the Schengen Information\nSystem a flag prohibiting, until the flag is deleted, performance\nof the action to be taken on the basis of the alert for the\npurposes of discreet surveillance or specific checks. The flag\nmust be deleted no later than 24 hours after the alert has been\nentered unless the Contracting Party refuses to take the action\nrequested on legal grounds or\nreasons of\nexpediency. Without prejudice to a flag or a refusal, the other\nContracting Parties may carry out the action requested in the\nalert. special\n\nfor\n\nArticle 100\n\nArticle 101\n\n1. Access to data entered in the Schengen Information\nSystem and the right to search such data directly shall be\nreserved exclusively to the authorities responsible for:\n\n(a) border checks;\n\n(b) other police and customs checks carried out within the\n\ncountry, and the coordination of such checks. 2. In addition, access to data entered in accordance with\nArticle 96 and the right to search such data directly may be\nexercised by the authorities responsible for issuing visas, the\ncentral authorities responsible for examining visa applications\nand the authorities responsible for issuing residence permits\nand for the administration of\nlegislation on aliens in the\ncontext of the application of the provisions of this Convention\nrelating to the movement of persons. Access to data shall be\ngoverned by the national law of each Contracting Party. 1. Data on objects sought for the purposes of seizure or use\nas evidence in criminal proceedings shall be entered in the\nSchengen Information System. Users may only search data which they require for the\n\n3. performance of their tasks. 2. If a search brings to light an alert for an object which\nhas been found, the authority which matched the two items of\ndata shall contact the authority which issued the alert in order\nto agree on the measures to be taken. For this purpose,\npersonal data may also be communicated in accordance with\nthis Convention. The measures to be taken by the Contracting\nParty which found the object must be in accordance with its\nnational law. Party\n\nEach Contracting\n\n4. Executive\nCommittee a list of competent authorities which are authorised\nto search the data contained in the Schengen Information\nfor each authority,\nlist shall specify,\nSystem directly. That\nwhich data it may search and for what purposes. shall\n\nsend\n\nthe\n\nCHAPTER 3\n\n3. The following categories of objects shall be entered:\n\nPROTECTION OF PERSONAL DATA AND SECURITY OF DATA\nIN THE SCHENGEN INFORMATION SYSTEM\n\n(a) motor vehicles with a cylinder capacity exceeding 50 cc\n\nwhich have been stolen, misappropriated or lost;\n\nArticle 102\n\n(b) trailers and caravans with an unladen weight exceeding\n750 kg which have been stolen, misappropriated or lost;\n\n1. The Contracting Parties may use the data provided for in\nArticles 95 to 100 only for the purposes laid down for each\ncategory of alert referred to in those Articles. (c)\n\nfirearms which have been stolen, misappropriated or lost;\n\n(d) blank official\n\ndocuments which have\n\nbeen stolen,\n\nmisappropriated or lost;\n\n(e)\n\nissued identity papers (passports,\nlicences) which have been stolen, misappropriated or lost;\n\nidentity cards, driving\n\n(f) banknotes (suspect notes). copied for\n\nData may only be\n\n2. technical purposes,\nprovided that such copying is necessary in order for the\nauthorities referred to in Article 101 to carry out a direct\nsearch. Alerts issued by other Contracting Parties may not be\ncopied from the national section of the Schengen Information\nSystem into other national data files. 3. With regard to the alerts laid down in Articles 95 to 100\nof this Convention, any derogation from paragraph 1 in order\nto change from one category of alert\nto another must be\njustified by the need to prevent an imminent serious threat to\n\n\f46\n\nEN\n\nOfficial Journal of the European Communities\n\n22. 9. 2000\n\npublic policy and public security, on serious grounds of\nnational security or for the purposes of preventing a serious\ncriminal offence. Prior authorisation from the Contracting\nParty issuing the alert must be obtained for this purpose. 4. Data may not be used for administrative purposes. By\nway of derogation, data entered under Article 96 may be used\nin accordance with the national law of each Contracting Party\nfor the purposes of Article 101(2) only. 5. Any use of data which does not comply with paragraphs\n1 to 4 shall be considered as misuse under the national law of\neach Contracting Party. Article 103\n\nEach Contracting Party shall ensure that, on average, every\n10th transmission of personal data is recorded in the national\nsection of the Schengen Information System by the data file\nmanagement authority for the purposes of checking whether\nthe search is admissible or not. The record may only be used\nfor this purpose and shall be deleted after six months. Article 104\n\nAlerts shall be governed by the national\n\n1. the\nContracting Party issuing the alert unless more stringent\nconditions are laid down in this Convention. law of\n\n2. In so far as this Convention does not lay down specific\nprovisions, the law of each Contracting Party shall apply to\nthe Schengen\ndata\nInformation System. entered in its national\n\nsection of\n\nIn so far as this Convention does not lay down specific\n3. provisions concerning performance of the action requested in\nthe alert, the national law of the requested Contracting Party\nperforming the action shall apply. In so far as this Convention\nlays down specific provisions concerning performance of the\naction requested in the alert, responsibility for that action shall\nbe governed by the national law of the requested Contracting\nParty. the\nrequested Contracting Party shall\nimmediately inform the\nContracting Party issuing the alert. the requested action cannot be performed,\n\nIf\n\nArticle 106\n\n1. Only the Contracting Party issuing the alert shall be\nauthorised to modify, add to, correct or delete data which it\nhas entered. 2. If one of the Contracting Parties which has not issued the\nalert has evidence suggesting that an item of data is factually\nit shall advise the\nincorrect or has been unlawfully stored,\nContracting Party issuing the alert thereof as soon as possible;\nthe latter shall be obliged to check the communication and, if\nnecessary, correct or delete the item in question immediately. 3. If the Contracting Parties are unable to reach agreement,\nthe Contracting Party which did not issue the alert shall submit\nthe case to the joint supervisory authority referred to in Article\n115(1) for its opinion. Article 107\n\nWhere a person is already the subject of an alert\nin the\nSchengen Information System, a Contracting Party which\nenters a further alert shall reach agreement on the entry of the\nalert with the Contracting Party which entered the first alert. The Contracting Parties may also lay down general provisions\nto this end. Article 108\n\n1. Each Contracting Party shall designate an authority which\nshall have central responsibility for its national section of the\nSchengen Information System. Each Contracting Party shall\n\n2. authority. issue its alerts via that\n\n3. The said authority shall be responsible for the smooth\noperation of the national section of the Schengen Information\nSystem and shall\nto ensure\ntake the necessary measures\ncompliance with the provisions of this Convention. The Contracting Parties shall inform one another, via the\n\n4. depositary, of the authority referred to in paragraph 1. Article 105\n\nArticle 109\n\nThe Contracting Party issuing the alert shall be responsible for\nensuring that the data entered into the Schengen Information\nSystem is accurate, up-to-date and lawful. 1. The right of persons to have access to data entered in the\nSchengen Information System which relate to them shall be\nexercised in accordance with the law of the Contracting Party\nbefore which they invoke that\nlaw so\nprovides, the national supervisory authority provided for in\n\nIf national\n\nright. 22. 9. 2000\n\nEN\n\nOfficial Journal of the European Communities\n\n47\n\nshall decide whether\n\nArticle 114(1)\ninformation shall be\ncommunicated and by what procedures. A Contracting Party\nwhich has not issued the alert may communicate information\nconcerning such data only if\nit has previously given the\nContracting Party issuing the alert an opportunity to state its\nposition. 2. Communication of information to the data subject shall\nbe refused if this is indispensable for the performance of a\nlawful task in connection with the alert or for the protection\nof the rights and freedoms of third parties. In any event,\nit\nshall be refused throughout the period of validity of an alert\nfor the purpose of discreet surveillance. Article 113\n\nData other than that referred to in Article 112 shall be\n1. kept\nfor a maximum of 10 years, data on issued identity\npapers and suspect banknotes for a maximum of five years\nand data on motor vehicles,\nfor a\nmaximum of three years. trailers and caravans\n\nData which have been deleted shall be kept for one year\n2. in the technical support function. During that period they may\nonly be consulted for subsequent checking as to their accuracy\nand as to whether the data were entered lawfully. Afterwards\nthey must be destroyed. Article 110\n\nAny person may have factually inaccurate data relating to\nthem corrected or unlawfully stored data relating to them\ndeleted. Article 111\n\nAny person may,\n\n1. in the territory of each Contracting\nParty, bring before the courts or the authority competent\nunder national\nlaw an action to correct, delete or obtain\ninformation or to obtain compensation in connection with an\nalert involving them. 2. The Contracting Parties undertake mutually to enforce\nfinal decisions taken by the courts or authorities referred to in\nparagraph 1, without prejudice to the provisions of Article\n116. Article 112\n\n1. Personal data entered into the Schengen Information\nSystem for the purposes of tracing persons shall be kept only\nfor the time required to meet the purposes for which they\nwere supplied. The Contracting Party which issued the alert\nmust review the need for continued storage of such data not\nlater than three years after they were entered. The period shall\nbe one year in the case of the alerts referred to in Article 99. Each Contracting Party shall, where appropriate,\n2. shorter review periods in accordance with its national law. set\n\nThe\n\nsupport\n\ntechnical\n\n3. Schengen\nInformation System shall automatically inform the Contracting\nParties of scheduled deletion of data from the system one\nmonth in advance. function of\n\nthe\n\nThe Contracting Party issuing the alert may, within the\n4. review period, decide to keep the alert should this prove\nnecessary for the purposes for which the alert was issued. Any\nextension of the alert must be communicated to the technical\nsupport function. The provisions of paragraph 1 shall apply to\nthe extended alert. Article 114\n\nEach Contracting Party shall designate a supervisory\n1. authority responsible in accordance with national\nlaw for\ncarrying out independent supervision of the data file of the\nnational section of the Schengen Information System and for\nchecking that the processing and use of data entered in the\nSchengen Information System does not violate the rights of the\ndata subject. For this purpose, the supervisory authority shall\nhave access to the data file of the national section of the\nSchengen Information System. 2. Any person shall have the right to ask the supervisory\nauthorities to check data entered in the Schengen Information\nSystem which concern them and the use made of such data. That right shall be governed by the national\nthe\nContracting Party to which the request is made. If the data\nhave been entered by another Contracting Party, the check\nshall be carried out in close coordination with that Contracting\nParty\u2019s supervisory authority. law of\n\nArticle 115\n\ntwo representatives\n\nfrom each national\n\n1. A joint supervisory authority shall be set up and shall be\nresponsible for supervising the technical support function of\nthe Schengen Information System. This authority shall consist\nof\nsupervisory\nauthority. Each Contracting Party shall have one vote. in accordance with the\nSupervision shall be carried out\nprovisions of\nthe Council of Europe\nthis Convention,\nthe Protection of\nConvention of 28 January 1981 for\nIndividuals with regard to the Automatic Processing of\nPersonal Data, taking into account Recommendation No R (87)\n15 of 17 September 1987 of the Committee of Ministers of\nthe Council of Europe regulating the use of personal data in\nthe police sector, and in accordance with the national law of\nthe Contracting Party responsible for the technical support\nfunction. As\n\nthe\n\nregards\n\ntechnical\n\n2. the\nSchengen Information System, the joint supervisory authority\nshall have the task of checking that the provisions of this\nConvention are properly implemented. For that purpose,\nit\nshall have access to the technical support function. function of\n\nsupport\n\n\f48\n\nEN\n\nOfficial Journal of the European Communities\n\n22. 9. 2000\n\n3. The joint supervisory authority shall also be responsible\nfor examining any difficulties of application or interpretation\nthat may arise during the operation of\nthe Schengen\nInformation System, for studying any problems that may occur\nwith the exercise of independent supervision by the national\nsupervisory authorities of the Contracting Parties or in the\nexercise of the right of access to the system, and for drawing\nup harmonised proposals\nto existing\nfor\nproblems. solutions\n\njoint\n\n(a) deny unauthorised persons\n\nto data-processing\nequipment used for processing personal data (equipment\naccess control);\n\naccess\n\n(b) prevent the unauthorised reading, copying, modification or\n\nremoval of data media (data media control);\n\nReports drawn up by the joint supervisory authority shall\nto which the national\nsubmitted to the authorities\n\n4. be\nsupervisory authorities submit their reports. (c) prevent\n\nthe\n\nunauthorised\n\nthe\nunauthorised inspection, modification or deletion of stored\npersonal data (storage control);\n\ninput\n\ndata\n\nand\n\nof\n\nArticle 116\n\n(d) prevent\n\nthe use of automated data-processing systems\ncommunication\n\nby unauthorised persons using data\nequipment (user control);\n\nthe national data file of\n\n1. Each Contracting Party shall be liable in accordance with\nits national law for any injury caused to a person through the\nuse of\nthe Schengen Information\nSystem. This\nshall also apply to injury caused by the\nContracting Party which issued the alert, where the latter\nentered factually inaccurate data or stored data unlawfully. If\n\n2. the Contracting Party against which an action is\nbrought is not the Contracting Party issuing the alert, the latter\nshall be required to reimburse, on request, the sums paid out\nas compensation unless the data were used by the requested\nContracting Party in breach of this Convention. Article 117\n\n1. As regards the automatic processing of personal data\ncommunicated pursuant to this Title, each Contracting Party\nshall, no later than the date of entry into force of\nthis\nConvention, adopt the necessary national provisions in order\nto achieve a level of protection of personal data at least equal\nto that resulting from the principles laid down in the Council\nof Europe Convention for the Protection of Individuals with\nregard to Automatic Processing of Personal Data of 28 January\n1981 and in accordance with Recommendation No R (87) 15\nof 17 September 1987 of the Committee of Ministers of the\nCouncil of Europe regulating the use of personal data in the\npolice sector. 2. The communication of personal data provided for in this\nTitle may not take place until the provisions for the protection\nof personal data as specified in paragraph 1 have entered into\nforce in the territories of the Contracting Parties involved in\nsuch communication. Article 118\n\n(e) ensure that persons authorised to use an automated\nto the data\n\ndata-processing system only have access\ncovered by their access authorisation (data access control);\n\n(f) ensure that it is possible to verify and establish to which\nbodies personal data may be transmitted using data\ncommunication equipment (communication control);\n\n(g) ensure that\n\nit\n\nis\n\nsubsequently possible to verify and\nestablish which personal data have been input\ninto\nautomated data-processing systems and when and by\nwhom the data were input (input control);\n\n(h) prevent the unauthorised reading, copying, modification or\ndeletion of personal data during transfers of personal data\nor during transportation of data media (transport control). 2. Each Contracting Party must take special measures to\nensure the security of data while they are being communicated\nto services located outside the territories of the Contracting\nParties. Such measures must be notified to the\njoint\nsupervisory authority. For the processing of data in its national section of the\n3. Schengen Information System each Contracting Party may\nappoint only specially qualified persons who have undergone\nsecurity checks. Each Contracting Party undertakes,\n\n1. in relation to its\nnational section of the Schengen Information System, to adopt\nthe necessary measures in order to:\n\nThe Contracting Party responsible for\n\n4. the technical\nsupport function of the Schengen Information System shall\nadopt the measures laid down in paragraphs 1 to 3 in respect\nof that function. 22. 9. 2000\n\nEN\n\nOfficial Journal of the European Communities\n\n49\n\nCHAPTER 4\n\nAPPORTIONMENT OF THE COSTS OF THE SCHENGEN\nINFORMATION SYSTEM\n\nArticle 119\n\nborne jointly by the Contracting Parties. Each Contracting\nParty\u2019s share shall be determined on the basis of the rate for\neach Contracting Party applied to the uniform basis of\nassessment of value added tax within the meaning of Article\nthe European\n2(1)(c) of\nthe\nCommunities of 24 June 1988 on the system of\nCommunities\u2019 own resources. the Decision of\n\nthe Council of\n\nThe costs of\n\n1. installing and operating the technical\nsupport function referred to in Article 92(3), including the cost\nthe Schengen\nof\nInformation System to the technical support function, shall be\n\nlines connecting the national sections of\n\n2. The costs of installing and operating the national section\nof the Schengen Information System shall be borne by each\nContracting Party individually. TITLE V\n\nTRANSPORT AND MOVEMENT OF GOODS\n\nArticle 120\n\nThe Contracting Parties shall\n\n1. their laws,\nregulations or administrative provisions do not unjustifiably impede\nthe movement of goods at internal borders. jointly ensure that\n\ninternal borders by carrying out\n\nThe Contracting Parties shall facilitate the movement of goods\n2. across\nrelating to\nprohibitions and restrictions when goods are cleared through customs\nfor home use. Such customs clearance may, at the discretion of the\nParty concerned, be conducted either within the country or at the\ninternal borders. The Contracting Parties shall endeavour to encourage\ncustoms clearance within the country. formalities\n\nIn so far as it is not possible in certain fields to achieve the\n3. simplifications referred to in paragraph 2 in whole or in part, the\nContracting Parties shall endeavour either to create the conditions\ntherefor amongst themselves or to do so within the framework of the\nEuropean Communities. transport,\n\nThis paragraph shall apply in particular to monitoring compliance\nwith rules on commercial transport permits, roadworthiness of means\nof\ninspections and animal health checks,\nveterinary checks on health and hygiene, including meat inspections,\nplant health inspections and monitoring the\ntransportation of\ndangerous goods and hazardous waste. veterinary\n\nshall\n\nendeavour\n\nThe Contracting Parties\n\nharmonise\n4. formalities governing the movement of goods across external borders\nand to monitor compliance therewith according to uniform principles. The Contracting Parties shall,\nto this end, work closely together\nwithin the Executive Committee in the framework of the European\nCommunities and other international forums. to\n\nto which\n\nThe Executive Committee shall adopt the list of plants and plant\nproducts\nfirst\nsimplification\nsubparagraph shall apply. It may amend this list and shall fix the\ndate of entry into force for such amendments. The Contracting Parties\nshall inform each other of the measures taken. specified\n\nthe\n\nthe\n\nin\n\nShould there be a danger of harmful organisms being\n2. the\nintroduced or propagated, a Contracting Party may request\nlaid down in\ntemporary reinstatement of\nthe\nCommunity law and may implement\nshall\nIt\nimmediately inform the other Contracting Parties thereof in writing,\ngiving the reasons for its decision. control measures\n\nthose measures. Plant health certificates may continue\n\n3. certificate required under the law on the protection of species. to be used as\n\nthe\n\nThe competent authority shall, upon request,\n\n4. issue a plant\nhealth certificate when a consignment is intended in whole or in part\nfor re-export in so far as plant health requirements are met for the\nplants or plant products concerned. Article 122\n\n1. The Contracting Parties shall step up their cooperation with a\nview to ensuring the safe transportation of hazardous goods and\nundertake to harmonise their national provisions adopted pursuant to\ninternational Conventions\nthey undertake,\nparticularly with a view to maintaining the existing level of safety, to:\n\nIn addition,\n\nin force. (a) harmonise\n\ntheir\n\nrequirements with regard to the vocational\n\nqualifications of drivers;\n\nArticle 121\n\n(b) harmonise\n\nintensity of\nconducted during transportation and within undertakings;\n\nthe procedures\n\nfor and the\n\nchecks\n\nIn accordance with Community law,\n\n1. the Contracting Parties\nshall waive, for certain types of plant and plant products, the plant\nhealth inspections and presentation of plant health certificates\nrequired under Community law. (c) harmonise the classification of offences and the legal provisions\n\nconcerning the relevant penalties;\n\n\f50\n\nEN\n\nOfficial Journal of the European Communities\n\n22. 9. 2000\n\n(d) ensure a permanent exchange of information and experience with\nregard to the measures implemented and the checks carried out. 2. The Contracting Parties shall step up their cooperation with\na view to conducting checks on transfers of hazardous and\nnon-hazardous waste across internal borders. amendment\n\nthey shall endeavour\n\nof Community Directives\n\nto adopt a common position\nTo this end,\nthe\nthe\nregarding\nmonitoring and management of\ntransfers of hazardous waste and\nregarding the introduction of Community acts on non-hazardous\nwaste, with the aim of setting up an adequate infrastructure for its\ndisposal and of introducing waste disposal standards harmonised at a\nhigh level. on\n\nrules on non-hazardous waste,\n\nPending Community\nchecks on\ntransfers of such waste shall be conducted on the basis of a special\nthe point of\ntransfers may be\nprocedure whereby\ndestination during clearance procedures. checked at\n\n2. With regard to products other than the strategic industrial\nproducts and technologies referred to in paragraph 1, the Contracting\nParties shall endeavour, on the one hand, to have export formalities\ncarried out within the country and, on the other, to harmonise their\ncontrol procedures. In pursuit of the objectives set out in paragraphs 1 and 2, the\n\n3. Contracting Parties shall consult the other partners concerned. Article 124\n\nThe number and intensity of checks on goods carried by travellers\nwhen crossing internal borders shall be reduced to the lowest level\npossible. Further reductions in and the final abolition of such checks\nwill depend on the gradual increase in travellers\u2019 duty-free allowances\nand on future developments in the rules applicable to the cross-border\nmovement of travellers. second sentence of paragraph 1 shall also apply to this\n\nThe\nparagraph. Article 125\n\nArticle 123\n\nThe Contracting Parties shall conclude arrangements on the\n\n1. secondment of liaison officers from their customs administrations. 1. The Contracting Parties undertake to consult each other for the\npurposes of abolishing among themselves the current requirement to\nproduce a licence for the export of strategic industrial products and\ntechnologies, and to replace such a licence, if necessary, by a flexible\nprocedure in cases where the countries of first and final destination\nare Contracting Parties. The secondment of\n\n2. shall have the general\nliaison officers\npurposes of promoting and accelerating cooperation between the\nContracting Parties,\nin particular under existing Conventions and\nCommunity acts on mutual assistance. to such consultations, and in order\n\nthe\nSubject\neffectiveness of such checks as may prove necessary, the Contracting\nParties\ncoordinating\nmechanism, endeavour to exchange relevant information, while taking\naccount of national law. to guarantee\n\nthrough a\n\ncooperating\n\nclosely\n\nshall,\n\nby\n\nliaison officers shall be to advise and to provide\nThe task of\n3. assistance. They\ncustoms\nshall\nbe\nadministration measures on their own initiative. They shall provide\ninformation and shall perform their duties in accordance with the\ninstructions given to them by the seconding Contracting Party. authorised\n\ntake\n\nnot\n\nto\n\nTITLE VI\n\nPROTECTION OF PERSONAL DATA\n\nArticle 126\n\n1. As regards the automatic processing of personal data\ncommunicated pursuant to this Convention, each Contracting\nParty shall, no later than the date of entry into force of this\nConvention, adopt the necessary national provisions in order\nto achieve a level of protection of personal data at least equal\nto that resulting from the Council of Europe Convention for\nthe Protection of\nIndividuals with regard to Automatic\nProcessing of Personal Data of 28 January 1981. 2. The communication of personal data provided for in this\nConvention may not take place until the provisions for the\nprotection of personal data as specified in paragraph 1 have\nentered into force in the territories of the Contracting Parties\ninvolved in such communication. 3. In addition, the following provisions shall apply to the\nautomatic processing of personal data communicated pursuant\nto this Convention:\n\n(a) such data may be used by the recipient Contracting Party\nfor which this Convention\n\nthe purposes\n\nsolely for\n\n\f22. 9. 2000\n\nEN\n\nOfficial Journal of the European Communities\n\n51\n\nstipulates that they may be communicated; such data may\nbe used for other purposes only with the prior\nauthorisation of the Contracting Party communicating the\ndata and in accordance with the law of\nthe recipient\nContracting Party; such authorisation may be granted in so\nParty\nlaw of\nfar\ncommunicating the data so permits;\n\nthe Contracting\n\nthe national\n\nas\n\n(b) such data may be used only by the judicial authorities and\nthe departments and authorities carrying out\ntasks or\nperforming duties in connection with the purposes referred\nto in paragraph (a);\n\n(c)\n\nthe Contracting Party communicating such data shall be\nobliged to ensure the accuracy thereof; should it establish,\neither on its own initiative or further to a request by the\nthat data have been provided that are\ndata subject,\ninaccurate or should not have been communicated, the\nrecipient Contracting Party or Parties must be immediately\ninformed thereof; the latter Party or Parties shall be obliged\nto correct or destroy the data, or to indicate that the data\nare inaccurate or were unlawfully communicated;\n\n(d) a Contracting\n\nthat\n\nanother\nParty may not plead\nContracting Party communicated inaccurate data, in order\nto avoid its liability under its national\nlaw vis-(cid:224)-vis an\ninjured party; if damages are awarded against the recipient\ninaccurate\nContracting Party because of\nParty which\ncommunicated\ncommunicated the data shall refund in full to the recipient\nContracting Party the amount paid in damages;\n\nits use of\n\nContracting\n\ndata,\n\nthe\n\n(e)\n\nthe transmission and receipt of personal data must be\nrecorded both in the source data file and in the data file in\nwhich they are entered;\n\n(f)\n\nthe joint supervisory authority referred to in Article 115\nmay, at\nthe Contracting Parties,\ndeliver an opinion on the difficulties of implementing and\ninterpreting this Article. the request of one of\n\n4. This Article shall not apply to the communication of\ndata provided for under Chapter 7 of Title II and Title IV. Paragraph 3 shall not apply to the communication of data\nprovided for under Chapters 2 to 5 of Title III. 2. Where,\nin cases other than those governed by Article\nthis Article, personal data are\n126(1), or paragraph 1 of\ncommunicated to another Contracting Party pursuant to this\nConvention, Article\nof\n126(3), with\nsubparagraph (e), shall apply. The following provisions shall\nalso apply:\n\nexception\n\nthe\n\n(a) a written record shall be kept of the transmission and\nreceipt of personal data; this obligation shall not apply\nwhere such a record is not necessary given the use of the\ndata, in particular if they are not used or are used only\nvery briefly;\n\n(b) the recipient Contracting Party shall ensure, in the use of\ncommunicated data, a level of protection at least equal to\nthat laid down in its national\nlaw for the use of similar\ndata;\n\n(c)\n\ndecision concerning whether\nthe data subject\n\nand under what\nthe\nrequest, be\nconditions\nprovided information concerning\ncommunicated data\nrelating to him shall be governed by the national law of\nthe Contracting Party to which the request was addressed. shall, at his\n\n3. This Article shall not apply to the communication of\ndata provided for under Chapter 7 of Title II, Chapters 2 to 5\nof Title III, and Title IV. Article 128\n\n1. The communication of personal data provided for by this\nConvention may not take place until the Contracting Parties\ninvolved in that communication have instructed a national\nthe\nsupervisory authority to monitor\nprocessing of personal data in data files complies with Articles\n126 and 127 and\ntheir\nthe provisions\nimplementation. independently that\n\nadopted\n\nfor\n\n2. Where the Contracting Party has, in accordance with its\ninstructed a supervisory authority to monitor\nnational\nlaw,\nindependently,\nin one or more areas, compliance with the\nprovisions on the protection of personal data not entered in a\ndata file,\nthe same\nauthority to supervise compliance with the provisions of this\nTitle in the areas concerned. that Contracting Party shall\n\ninstruct\n\n3. This Article shall not apply to the communication of\ndata provided for under Chapter 7 of Title II and Chapters 2 to\n5 of Title III. Article 127\n\nArticle 129\n\nParty pursuant\n\n1. Where personal data are communicated to another\nContracting\nthis\nConvention, Article 126 shall apply to the communication of\nthe data from a non-automated data file and to their inclusion\nin another non-automated data file. to the provisions of\n\nAs regards the communication of personal data pursuant to\nChapter 1 of Title III,\nthe Contracting Parties undertake,\nwithout prejudice to Articles 126 and 127, to achieve a level\nof protection of personal data which complies with the\nprinciples of Recommendation No R (87) 15 of 17 September\n1987 of the Committee of Ministers of the Council of Europe\n\n\f52\n\nEN\n\nOfficial Journal of the European Communities\n\n22. 9. 2000\n\nregulating the use of personal data in the police sector. In\naddition, as regards the communication of data pursuant to\nArticle 46, the following provisions shall apply:\n\n(c)\n\nthe recipient Contracting Party shall, upon request, inform\nthe Contracting Party which provided the data of the use\nmade of the data and the results thus obtained. (a)\n\nthe data may be used by the recipient Contracting Party\nsolely for the purposes indicated by the Contracting Party\nwhich provided the data and in compliance with the\nconditions laid down by that Contracting Party;\n\nArticle 130\n\n(b) the data may be communicated to police forces and\nauthorities only; data may not be communicated to other\nauthorities without\nthe\nContracting Party which provided them;\n\nauthorisation of\n\nthe prior\n\nIf personal data are communicated via a liaison officer as\nreferred to in Article 47 or Article 125, the provisions of this\ntitle shall not apply unless the liaison officer communicates\nsuch data to the Contracting Party which seconded the officer\nto the territory of the other Contracting Party. TITLE VII\n\nEXECUTIVE COMMITTEE\n\nArticle 131\n\nAn Executive Committee shall be set up for the purposes of\n\n1. implementing this Convention. 2. Without prejudice to the special powers conferred upon it by\nthis Convention, the overall task of the Executive Committee shall be\nto ensure that this Convention is implemented correctly. Article 132\n\nEach Contracting Party shall have one seat on the Executive\n1. Committee. The Contracting Parties\nshall be represented on the\nCommittee by a Minister responsible for the implementation of this\nConvention; that Minister may, if necessary, be assisted by experts,\nwho may participate in the deliberations. 2. The Executive Committee shall take its decisions unanimously. It shall draw up its own rules of procedure; in this connection it may\nprovide for a written decision-making procedure. 3. At the request of the representative of a Contracting Party, the\nfinal decision on a draft on which the Executive Committee has acted\nmay be postponed for no more than two months from the date of\nsubmission of that draft. 4. The Executive Committee may set up working parties composed\nof representatives of the administrations of the Contracting Parties in\norder to prepare decisions or to carry out other tasks. Article 133\n\nThe Executive Committee\neach\nshall meet\nContracting Party in turn. It shall meet as often as is necessary for it\nto discharge its duties properly. territory of\n\nin the\n\nTITLE VIII\n\nFINAL PROVISIONS\n\nArticle 134\n\nArticle 136\n\nThe provisions of this Convention shall apply only in so far as they\nare compatible with Community law. Article 135\n\nA Contracting\n\nconducting\nParty which\n1. negotiations on border checks with a third State shall inform\nthe other Contracting Parties thereof in good time. envisages\n\nthis Convention shall apply subject\n\nto the\nThe provisions of\nprovisions of\nthe Geneva Convention relating to the Status of\nRefugees of 28 July 1951, as amended by the New York Protocol of\n31 January 1967. 2. No Contracting Party shall conclude with one or more\nthird States agreements simplifying or abolishing border checks\nwithout the prior agreement of the other Contracting Parties,\nsubject to the right of the Member States of the European\nCommunities to conclude such agreements jointly. 22. 9. 2000\n\nEN\n\nOfficial Journal of the European Communities\n\n53\n\n3. Paragraph 2 shall not apply to agreements on local\nborder traffic in so far as those agreements comply with the\nexceptions and arrangements adopted under Article 3(1). Article 137\n\nThis Convention shall not be the subject of any reservations, save for\nthose referred to in Article 60. Article 138\n\nregards\n\nthe French Republic,\n\nAs\nthis\nConvention shall apply only to the European territory of the\nFrench Republic. the provisions of\n\n2. Such an agreement shall be subject to ratification, acceptance\nor approval by the acceding State and by each of the Contracting\nParties. It shall enter into force on the first day of the second month\nfollowing the deposit of\nratification,\nacceptance or approval. instrument of\n\nfinal\n\nthe\n\nArticle 141\n\nto the other Contracting Parties. At\n\nAny Contracting Party may submit\n\n1. to the depositary a\nproposal to amend this Convention. The depositary shall forward that\nthe request of one\nproposal\nContracting Party,\nthe\nre-examine\nprovisions of the Convention if, in their opinion, there has been a\nfundamental change in the conditions obtaining when the Convention\nentered into force. the Contracting Parties\n\nshall\n\nAs regards the Kingdom of the Netherlands, the provisions of\nthe\nthis Convention shall apply only to the territory of\nKingdom in Europe. Article 139\n\n1. This Convention shall be subject to ratification, acceptance or\napproval. The instruments of ratification, acceptance or approval shall\nbe deposited with the Government of\nthe Grand Duchy of\nLuxembourg, which shall notify all the Contracting Parties thereof. This Convention shall enter into force on the first day of the\n2. second month following the deposit of\ninstrument of\nratification, acceptance or approval. The provisions concerning the\nsetting up, activities and powers of the Executive Committee shall\nthis Convention. The other\napply as from the entry into force of\nprovisions shall apply as from the first day of\nthe third month\nfollowing the entry into force of this Convention. the final\n\nThe Government of\n\n3. notify all the Contracting Parties of the date of entry into force. the Grand Duchy of Luxembourg shall\n\nArticle 140\n\n1. Any Member State of the European Communities may become\na Party to this Convention. Accession shall be the subject of an\nagreement between that State and the Contracting Parties. 2. The Contracting Parties\nConvention by common consent. shall adopt amendments\n\nto this\n\n3. the\nAmendments shall enter into force on the first day of\nsecond month following the date of deposit of the final instrument of\nratification, acceptance or approval. Article 142\n\n1. When Conventions are concluded between the Member States of\nthe European Communities with a view to the completion of an area\nwithout internal frontiers, the Contracting Parties shall agree on the\nconditions under which the provisions of this Convention are to be\nreplaced or amended in the light of the corresponding provisions of\nsuch Conventions. The Contracting Parties shall, to that end, take account of the fact\nthat the provisions of this Convention may provide for more extensive\ncooperation than that\nthe said\nConventions. resulting from the provisions of\n\nProvisions which conflict with those agreed between the Member\nStates of the European Communities shall in any case be adapted. 2. Amendments to this Convention which are deemed necessary by\nthe Contracting Parties shall be subject to ratification, acceptance or\napproval. The provision contained in Article 141(3) shall apply on\nthe amendments will not enter into force\nthe understanding that\nthe\nbefore the said Conventions between the Member States of\nEuropean Communities enter into force. 54\n\nEN\n\nOfficial Journal of the European Communities\n\n22. 9. 2000\n\nIn witness whereof, the undersigned, duly empowered to this effect, have hereunto set their hands. Done at Schengen, this nineteenth day of June in the year one thousand nine hundred and ninety, in a\nsingle original in the Dutch, French and German languages, all three texts being equally authentic, such\noriginal remaining deposited in the archives of the Government of the Grand Duchy of Luxembourg,\nwhich shall transmit a certified copy to each of the Contracting Parties. For the Government of the Kingdom of Belgium\n\nFor the Government of the Federal Republic of Germany\n\nFor the Government of\u2019 the French Republic\n\nFor the Government of the Grand Duchy of Luxembourg\n\nFor the Government of the Kingdom of the Netherlands\n\n\f22. 9. 2000\n\nEN\n\nOfficial Journal of the European Communities\n\n55\n\nFINAL ACT\n\nAt the time of signing the Convention implementing the Schengen Agreement of 14 June 1985 between\nthe Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the\nFrench Republic on the gradual abolition of checks at their common borders, the Contracting Parties have\nadopted the following declarations:\n\n1. Joint Declaration on Article 139\n\nThe Signatory States shall, prior to the entry into force of the Convention, inform each other of all\ncircumstances that could have a significant bearing on the areas covered by this Convention and the\nbringing into force thereof. The Convention shall not be brought into force until the preconditions for its implementation have\nbeen fulfilled in the Signatory States and checks at external borders are effective. 2. Joint Declaration on Article 4\n\nThe Contracting Parties undertake to make every effort to comply simultaneously with this deadline and to\npreclude any shortcomings in security. Before 31 December 1992, the Executive Committee shall examine what\nprogress has been made. The Kingdom of the Netherlands stresses that difficulties in meeting the deadline in a\nparticular airport cannot be excluded but that this will not give rise to any shortcomings in security. The other\nContracting Parties will take account of this situation although this may not be allowed to entail difficulties for\nthe internal market. In the event of difficulties,\nimplementation of these measures at airports. the Executive Committee shall examine how best\n\nto achieve the simultaneous\n\n3. Joint Declaration on Article 71(2)\n\nIn so far as a Contracting Party departs from the principle referred to in Article 71(2) in connection\nwith its national policy on the prevention and treatment of addiction to narcotic drugs and\npsychotropic substances, all Contracting Parties shall adopt the necessary administrative measures and\npenal measures to prevent and punish the illicit import and export of such products and substances,\nparticularly towards the territories of the other Contracting Parties. 4. Joint Declaration on Article 121\n\nIn accordance with Community law,\nthe Contracting Parties shall waive the plant health inspections and\npresentation of plant health certificates required under Community law for the types of plant and plant products:\n\n(a)\n\nlisted under 1, or\n\n(b)\n\nlisted under 2 to 6 and originating in one of the Contracting Parties:\n\n(1) Cut flowers and parts of plants suitable for ornamental purposes of:\n\nCastanea\n\nChrysanthemum\n\nDendranthema\n\nDianthus\n\nGladiolus\n\n\f56\n\nEN\n\nOfficial Journal of the European Communities\n\n22. 9. 2000\n\nGypsophila\n\nPrunus\n\nQuercus\n\nRosa\n\nSalix\n\nSyringa\n\nVitis. (2) Fresh fruit of:\n\nCitrus\n\nCydonia\n\nMalus\n\nPrunus\n\nPyrus. (3) Wood of:\n\nCastanea\n\nQuercus. (4) Growing medium constituted wholly or in part of earth or solid organic matter such as parts of plants,\n\nturf and bark with humus, but not constituted entirely of turf. (5) Seeds. (6) Live plants listed below and appearing under the CN codes listed below in the Customs Nomenclature\n\npublished in the Official Journal of the European Communities of 7 September 1987. CN code\n\n0601 20 30\n\nDescription\n\nBulbs, onions, tubers, tuberous roots and rhizomes, in growth or in flower: orchids, hyacinths,\nnarcissi and tulips\n\n0601 20 90\n\nBulbs, onions, tubers, tuberous roots and rhizomes, in growth or in flower: other\n\n0602 30 10\n\nRhododendron simsii (Azalea indica)\n\n0602 99 51\n\nOutdoor plants: perennial plants\n\n0602 99 59\n\nOutdoor plants: other\n\n0602 99 91\n\nIndoor plants: flowering plants with buds or flowers, excluding cacti\n\n0602 99 99\n\nIndoor plants: other\n\n5. Joint Declaration on national asylum policies\n\nThe Contracting Parties shall draw up an inventory of national asylum policies with a view to the harmonisation\nthereof. 6. Joint Declaration on Article 132\n\nThe Contracting Parties shall inform their national Parliaments of the implementation of this Convention. 22. 9. 2000\n\nEN\n\nOfficial Journal of the European Communities\n\n57\n\nDone at Schengen, this nineteenth day of June in the year one thousand nine hundred and ninety, in a\nsingle original, in the Dutch, French and German languages, all three texts being equally authentic, such\noriginal remaining deposited in the archives of the Government of the Grand Duchy of Luxembourg,\nwhich shall transmit a certified copy to each of the Contracting Parties. For the Government of the Kingdom of Belgium\n\nFor the Government of the Federal Republic of Germany\n\nFor the Government of the French Republic\n\nFor the Government of the Grand Duchy of Luxembourg\n\nFor the Government of the Kingdom of the Netherlands\n\n\f58\n\nEN\n\nOfficial Journal of the European Communities\n\n22. 9. 2000\n\nMINUTES\n\nthe States of\n\nFurther to the Final Act of the Convention implementing the Schengen Agreement of 14 June 1985 between the\nthe Benelux Economic Union, the Federal Republic of Germany and the French\nGovernments of\nRepublic on the gradual abolition of checks at their common borders, the Contracting Parties have adopted the\nfollowing joint statement and taken note of\nthe said\nConvention:\n\nthe following unilateral declarations made in respect of\n\nI. Declaration on the scope of the Convention\n\nThe Contracting Parties note that, after the unification of the two German States, the scope of the Convention\nshall under international law also extend to the current territory of the German Democratic Republic. II. Declarations by the Federal Republic of Germany on the interpretation of the Convention\n\n1. The Convention has been concluded in the light of the prospective unification of the two German States. The German Democratic Republic is not a foreign country in relation to the Federal Republic of Germany. Article 136 shall not apply in relations between the Federal Republic of Germany and the German\nDemocratic Republic. 2. This Convention shall be without prejudice to the arrangements agreed in the Germano-Austrian exchange\nof letters of 20 August 1984 simplifying checks at their common borders for nationals of both States. Such\narrangements will however have to be implemented in the light of the overriding security and immigration\nin practice be restricted to\nrequirements of the Schengen Contracting Parties so that such facilities will\nAustrian nationals. III. Declaration by the Kingdom of Belgium on Article 67\n\nThe procedure which will be implemented internally for the transfer of the enforcement of\nforeign criminal\njudgments will not be that specified under Belgian law for the transfer of sentenced persons between States, but\nrather a special procedure which will be determined when this Convention is ratified. in a single\nDone at Schengen, this nineteenth day of June in the year one thousand nine hundred and ninety,\noriginal,\nthree texts being equally authentic, such original\nremaining deposited in the archives of the Government of the Grand Duchy of Luxembourg, which shall transmit a\ncertified copy to each of the Contracting Parties. in the Dutch, French and German languages, all\n\nFor the Government of the Kingdom of Belgium\n\n\f22. 9. 2000\n\nEN\n\nOfficial Journal of the European Communities\n\n59\n\nFor the Government of the Federal Republic of Germany\n\nFor the Government of the French Republic\n\nFor the Government of the Grand Duchy of Luxembourg\n\nFor the Government of the Kingdom of the Netherlands\n\n\f60\n\nEN\n\nOfficial Journal of the European Communities\n\n22. 9. 2000\n\nBY THE MINISTERS AND STATE SECRETARIES MEETING IN SCHENGEN ON 19 JUNE 1990\n\nJOINT DECLARATION\n\nThe Governments of\nparticular in the following areas:\n\nthe Contracting Parties to the Schengen Agreement will open or continue discussions in\n\n(cid:151) improving and simplifying extradition practices,\n\n(cid:151) improving cooperation on bringing proceedings against road traffic offences,\n\n(cid:151) arrangements for the mutual recognition of disqualifications from driving motor vehicles,\n\n(cid:151) possibilities of reciprocal enforcement of fines,\n\n(cid:151) introduction of rules on reciprocal transfers of criminal proceedings including the possibility of transferring the\n\naccused person to that person\u2019s country of origin,\n\n(cid:151) introduction of rules on the repatriation of minors who have been unlawfully removed from the authority of the\n\nperson responsible for exercising parental authority,\n\n(cid:151) further simplification of checks on commercial movements of goods. in a single\nDone at Schengen, this nineteenth day of June in the year one thousand nine hundred and ninety,\noriginal,\nthree texts being equally authentic, such original\nremaining deposited in the archives of the Government of the Grand Duchy of Luxembourg, which shall transmit a\ncertified copy to each of the Contracting Parties. in the Dutch, French and German languages, all\n\nFor the Government of the Kingdom of Belgium\n\nFor the Government of the Federal Republic of Germany\n\n\f22. 9. 2000\n\nEN\n\nOfficial Journal of the European Communities\n\n61\n\nFor the Government of the French Republic\n\nFor the Government of the Grand Duchy of Luxembourg\n\nFor the Government of the Kingdom of the Netherlands\n\n\f62\n\nEN\n\nOfficial Journal of the European Communities\n\n22. 9. 2000\n\nDECLARATION BY THE MINISTERS AND STATE SECRETARIES\n\nOn 19 June 1990 representatives of the Governments of the Kingdom of Belgium, the Federal Republic of Germany,\nthe French Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands signed at Schengen, in\nthe Grand Duchy of Luxembourg, the Convention implementing the Schengen Agreement of 14 June 1985 between\nthe Governments of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the\ngradual abolition of checks at their common borders. At the time of signing that Convention, they adopted the following declarations:\n\n(cid:151) The Contracting Parties consider that the Convention constitutes an important step towards creating an area\nwithout internal borders and take it as a basis for further activities amongst the Member States of the European\nCommunities. (cid:151) In view of the risks in the fields of security and illegal immigration, the Ministers and State Secretaries underline\nthe need for effective external border controls in accordance with the uniform principles laid down in Article 6. With a view to implementing those uniform principles, the Contracting Parties must, in particular, promote the\nharmonisation of working methods for border control and surveillance. Moreover, the Executive Committee will examine all relevant measures with a view to establishing uniform and\neffective external border controls and the practical implementation thereof. Such measures will include measures\nmaking it possible to ascertain the circumstances under which a third-country national has entered the territories\nof the Contracting Parties, application of the same procedures for refusing entry, the drafting of a common\nmanual for the officials responsible for border surveillance and encouragement of an equivalent level of external\nborder control by means of exchanges and joint working visits. At the time of signing that Convention, they also confirmed the Central Negotiating Group\u2019s decision to set up a\nworking party with the following mandate:\n\n(cid:151) to inform the Central Negotiating Group before the entry into force of the Convention of all circumstances that\nhave a significant bearing on the areas covered by the Convention and on its entry into force, in particular the\nprogress achieved in harmonising legal provisions in connection with the unification of the two German States,\n\n(cid:151) to consult each other on any impact\nimplementation of the Convention,\n\nthat\n\nthat harmonisation and those circumstances may have on the\n\n(cid:151) with a view to the movement of aliens exempt from the visa requirement, to devise practical measures and put\nforward proposals before the entry into force of the Convention for harmonising procedures for carrying out\ncontrols on persons at the future external borders"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/71c355c9-7ca9-41c2-b3c6-c3d42094fbc3", "title": "Commission Regulation (EEC) No 1651/90 of 19 June 1990 on the consequences of the fact that the refund on export of milk products to the German Democratic Republic is not fixed", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1990-06-19", "subjects": "Germany,export refund,milk product", "workIds": "celex:31990R1651,oj:JOL_1990_154_R_0027_037", "eurovoc_concepts": ["Germany", "export refund", "milk product"], "url": "http://publications.europa.eu/resource/cellar/71c355c9-7ca9-41c2-b3c6-c3d42094fbc3", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/97bf325a-fa9a-4598-8eb4-b002396951c1", "title": "90/341/EEC: Commission Decision of 19 June 1990 approving an amendment to the varietal conversion programme for hops submitted by the Federal Republic of Germany pursuant to Council Regulation (EEC) No 2997/87 (Only the German text is authentic)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1990-06-19", "subjects": "crop production,hops,redirection of production", "workIds": "celex:31990D0341,oj:JOL_1990_162_R_0046_01", "eurovoc_concepts": ["crop production", "hops", "redirection of production"], "url": "http://publications.europa.eu/resource/cellar/97bf325a-fa9a-4598-8eb4-b002396951c1", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/3930c0c1-c8ce-48c6-9b95-d77a27578d42", "title": "PROPOSAL FOR A COUNCIL REGULATION ( EEC ) CONCERNING ADMINISTRATIVE COOPERATION IN THE FIELD OF INDIRECT TAXATION", "langIdentifier": "ENG", "mtypes": "pdf,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1990-06-19", "subjects": "VAT,administrative cooperation,exchange of information,single market,standing committee (EU)", "workIds": "celex:51990PC0183,comnat:COM_1990_0183_FIN,oj:JOC_1990_187_R_0023_01", "eurovoc_concepts": ["VAT", "administrative cooperation", "exchange of information", "single market", "standing committee (EU)"], "url": "http://publications.europa.eu/resource/cellar/3930c0c1-c8ce-48c6-9b95-d77a27578d42", "lang": "eng", "formats": ["pdf", "pdfa1b", "print"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nC0MC90) 183 final - SYN 275 \n\nBrussels, 19 June 1990 \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\nconcerning administrative cooperation in the field of \n\nindirect taxation \n\nIf: \n\n(presented by the Commission) \n\n1:;:-\n\n\f- 2 -\n\nEXPLANATORY MEMORANDUM \n\nINTRODUCTION \n\n1. The creation of an internal market and the elimination \nof fiscal frontiers, as provided for by the Treaty will \nrequire closer administrative co-operation between Member \nStates' fiscal administrations. This is because Member \nStates will no longer be able to control intra-Community \ngoods for fiscal purposes by means of customs procedures \nlinked directly to the crossing of an internal frontier. Instead they will need to base their controls of traders' \naccounts principally on standard procedures supported by \ntransaction verification systems as they do currently for \nthe collection of domestic VAT. This implies that they must \nhave the ability to cross check information concerning \npurchases or sales made in other Member States. This can \nonly be achieved through enhanced administrative co \noperation. to \n\nneed \n\nexisting \n\nstrengthen \n\nprovisions \n\nThe \nfor \nadministrative co-operation or mutual assistance in the \nfield of indirect taxes was explicitly recognized in the \nCommission's fiscal approximation package of 1987. For \ninstance, in document COM(87) 323 of 5 August 1987 it was \nproposed \"that the existing system of mutual assistance \nshould be supplemented by a much more developed and \ncomprehensive system of co-operation\" (paragraph 9. 1). More \nrecently, the Member States themselves have publicly \nof \nrecognized \nadministrative co-operation, as the conclusions of the \nECOFIN Council of 13 November demonstrate: \"Control \narrangements must effectively prevent the risk of evasion \nand will be based primarily on the use by national \nadministrations of business returns, regular exchanges of \ninformation and the provision of supporting documents, drawn \nup by the administration. Such standing co-operation at \nadministrative level must not give rise to any obstacle on \ngrounds of national legislation and will supplement existing \nmutual assistance procedures\" (Council doc. 9543/89, para. 3). strengthened \n\nsystems \n\nneed \n\nthe \n\nfor \n\n\f- 3 -\n\nCURRENT SITUATION \n\n2. At present there is no provision in Community legislation \nfor mutual assistance in the administration of excise \nduties. As far as VAT is concerned, the legal framework is \nprovided by Council Directive 79/1070 EEC which simply \nextends the direct tax provisions of Directive 77/799 EEC to \nVAT. 3. In addition in the customs and agricultural field, \nCommunity mutual assistance provisions exist in the form of \nRegulation (EEC) 1468/81 as modified by Regulation (EEC) \n945/87. There are also additional provisions for mutual \nassistance between customs administrations under the Naples \nConvention of 1967, an international treaty between the \nGovernments of the Member States which does not form part of \nCommunity legislation. 4. The existing legal provisions for mutual assistance at \nCommunity level provide a good starting point for co \noperation, at least insofar as VAT is concerned. However, \nthese provisions have been little used so far because Member \nStates have considered that their national fiscal control \nmeasures, based as they are on import/export documentation, \ncould operate satisfactorily in isolation. This situation \nwill necessarily change for the reasons indicated in \nparagraph 1 above, and the Commission has concluded that the \nbest way of carrying out the Council's mandate to strengthen \nadministrative co-operation between Member States in the \nindirect tax field is by means of a new legal instrument. This is the subject of the present proposal. BASI8 OF THE NEW INSTRUMENT \n\n5. The new instrument builds on the existing provisions of \nDirective 79/1070 and modifies them where appropriate in \nlight of customs experience gained in the operation of \nRegulation 1468/81. The coverage includes excise duties for \nthe first time. Where relevant, the provisions of the as \nyet unratified OECD/Council of Europe Convention on Mutual \nAdministrative Assistance in tax matters have been taken \ninto account. - 4 -\n\n6. The instrument is cast in the form of a regulation rather \nthan a directive. This is to ensure greater uniformity in \nthe application of the new provisions, and a more rapid \nimplementation of its provisions. The proposed regulation is \nbased on Article 100a of the Treaty, and therefore requires \nthe cooperation of the European Parliament. The opinion of \nthe Economic and Social Committee should also be sought. UNDERLYING ASSUMPTIONS \n\n7. It is important from the outset to recognize that after \n1992 administrative co-operation will have a new dimension \nwhich must be adequately reflected in the new legislative \ninstrument. In fact, in the future system there will be two \ndistinct but related categories of co-operation. 8. On the one hand there will be a need to continue and \nextend existing procedures for dealing with cases of fraud \nor serious irregularity. These procedures will continue to \noperate largely on a bilateral basis but will now need to be \nfirmly placed in a Community framework and to be legally \nbased on a Community instrument. The maintenance of the \ndestination principle in the VAT field for a transitional \nperiod will increase the opportunity for certain types of \nfrauds and it is likely that there will be a greater volume \nof fraud-related requests for co-operation. 9. On the other hand, there will be a requirement for a new \ntype of administrative co-operation resulting from the need \nto exchange information on intra-Community VAT and excise \noperations, as indicated in paragraph 1. As far as VAT is \nconcerned the point of departure will be the normal control \nprocedures using risk assessment techniques and assessment \nof traders' systems that are currently widely employed in \ndomestic control. These procedures will need to be \nsupplemented insofar as intra-Community trade is concerned \nby techniques for verifying, on a sampling basis, the \nvalidity of the regular declarations submitted by traders. Such verification procedures will form an essential \ncomponent of the control mechanism required for the \ndefinitive origin-based VAT system after the end of the \ntransitional period. Under the transitional system these \nprocedures will be equally necessary, to ensure that goods \nfor which zero-rating is claimed are duly shipped across \nfrontiers and brought under fiscal control in the Member \nState of destination. The temporary retention of a \ndestination-based VAT system also requires, in the case of \ntriangular traffic, confirmation of the ultimate destination \n\n\f- 5 -\n\nof goods, to ensure that tax accrues to the appropriate \nMember State. Similar co-operation will be required in the \nexcise field to ensure the proper functioning of the inter \nlinked control system for excise goods on which duty has \nbeen suspended. 10. In order to provide an acceptable level of control this \nsecond type of administrative co-operation will need to be \norganised on a more regular and routine basis and have the \ncapacity to handle larger volumes of requests than the \nexisting mutual assistance arrangements. In this connection \nthe Commission will carry out a feasibility study for an \ninter-active computer and telematics network linking the \nnational and Community administrations concerned. A balance \nmust be struck in order to take account of the fundamental \nrequirement laid down by ECOFIN in November 1989 that the \nburden borne by businesses and administrations must be \nlessened by comparison with the present situation. The \noverall aim is to enable each Member State to have \nreasonable confidence that the tax brought to account by its \ntraders on purchases in other Member States is correct, that \ngoods intended for export are not diverted to the home \nmarket, and that invoices or registration numbers are not \nfalse. It is important to stress that this would not in \nitself be a fraud investigation exercise, although of course \nindications of fraud might emerge as a result of the \nchecking process. 11. The operational details of these systems are a matter \nfor subsequent consultation and co-ordination under the \nprocedure provided for in the present proposal (Article 19). But it is essential at the outset to establish a legal \nframework capable of providing adequately for both \ncategories of co-operation mentioned above. Such is the \npurpose of the present proposal. ARTICLE 1 \n\n12. This article defines the scope of the Regulation. The \nscope is deliberately broad, and involves co-operation in \nall aspects of compliance with the law on indirect tax \nmatters and in the process of correctly assessing the taxes \nin question. ARTICLE 2 \n\n13. Paragraph 1 defines the principal terms used in the \nRegulation. Paragraph 2 requires each Member State to define the \nauthority or authorities which will be responsible for \nadministrative co-operation within its territory and to \ncommunicate a list of these authorities to the other Member \nStates and to the Commission. The authorities so defined \nwill in effect be the principal operators of the provisions \n\n\f- 6 -\n\nof this Regulation. Paragraph 2 also requires each Member \nState to nominate a central office with responsibility for \nliaison with other Member States and with the Commission in \nmatters covered by the present proposal [see also Article \n19(3)]. Administrative co-operation - general provisions \n\nTITLE I \n\nARTICLE 3 \n\n14. Article 3 commits the competent authorities to extend \nthe fullest possible co-operation to each other and to the \nCommission in ensuring compliance with both national and \nCommunity provisions in indirect tax matters. The term \n\"compliance\" is specifically extended to cover the need for \nco-operation in control procedures. As with Article 1, the \ncommitment is defined in broad terms and is not limited only \nto the exchange of information. Information exchange is, however, the most important \ncomponent of administrative co-operation and this is covered \nby a particular reference in the second part of Article 3. A distinction is drawn between the Member States' \nobligations to each other and to the Commission: broadly \nspeaking Member States will communicate between themselves \non matters relating to specific tax cases but will also \ncommunicate with the Commission on issues likely to be of \ninterest at Community level. In order to ensure that such \ninformation is transmitted effectively and securely, the \nCommission will study the establishment of computer and \ntelematic networks linking the national and Community \nadministrations concerned. ARTICLE 4 \n\n15. This Article contains a standard provision, also to be \nfound in Regulation 1468/81 (mutual assistance in the \ncustoms field), which relieves the competent authorities of \ntheir obligation to co-operate in the provision of \ninformation on documents once a particular case or \ninvestigation has been referred to the prosecuting \nauthorities for action before a criminal court. Once \ncriminal \nadditional \ninvestigations would have to proceed on the basis of \narrangements relating to mutual assistance in criminal \nmatters (see also Article 21). However, the judicial \nauthority in the requested Member State may consent on a \ncase-by-case basis to the exchange of information gathered \nin connection with criminal investigations. proceedings \n\nbegun \n\nhave \n\nany \n\n\f- 7 -\n\nTITLE II \n\nAssistance on request \n\n16. Administrative co-operation falls into three broad \ncategories - assistance on request (where the initiative \nlies with the applicant authority), automatic assistance \n(where both applicant and requested authorities agree in \nadvance on certain types of information to be collected and \nexchanged automatically), and spontaneous assistance (where \none authority takes the initiative without being requested \nto do so). Articles 5-10 deal with assistance on request, \nwhich is at present the most important of these categories. ARTICLE 5 \n\n17. This lays a general obligation on all competent \nauthorities to communicate information, broadly defined, \nwhen requested to do so. Because the initiative in this \nmatter lies with the applicant State, which may operate \ncertain indirect taxes which are not Community taxes, a more \nprecise description of the taxes to be covered by the co \noperation procedures is given at this point. The taxes in \nquestion are VAT and the major excise duties which are \napplied by all Member States and which are the subject of \nrules laid down at the Community level. The possibility of \nadding other taxes to the list at a later date is not \nexcluded. In paragraph 2 there is a standard provision requiring the \nrequested authority to treat requests from another Member \nState on the same footing it would treat its own enquiries \nor those conducted for another authority in its own country. ARTICLE 6 \n\n18. This requires the requested authority to carry out \ncontrol enquiries on behalf of another Member State. This \nmay include validation and verification of intra-Community \ntransactions on a sampling basis, to ensure that goods for \nwhich exemption or suspension of tax is claimed are duly \ntransferred to the territory of another Member State and \nbrought under fiscal control in that Member State. ARTICLE 7 \n\n19. This is a new provision which gives the Member States \nthe possibility of organising coordinated tax examinations, \neach on its own territory. Such a provision is particularly \nimportant in view of the increasing integration of European \nmarkets and the tendency for a large proportion of intra-\nCommunity trade to be conducted by a relatively small number \nof linked or closely related groups of companies. The \nsystematic control of such companies requires a global \n\n\f- 8 -\n\napproach going beyond national boundaries, and this Article \nencourages the development of such an approach. ARTICLE 8 \n\n20. This is a standard provision covering the transmission \nof official documents or attestations to an applicant \nauthority in respect of indirect tax matters. ARTICLE 9 \n\n21. This, again, is a standard provision relating to the \nThere could be difficulties for \nservice of documents. Member States in serving documents (for example in the case \nof a tax claim against a non-resident or a resident who has \nmoved to another Member State) and this Article provides for \nadministrative co-operation in such cases. The increased \nmobility of taxpayers in the internal market will render \nsuch a provision more important in the future. Although \nassistance in the servicing of documents may be requested at \nall phases of indirect tax proceedings prior to judicial \nproceedings, assistance will in practice relate mainly to \nthe assessment phase. The aim is to ensure as far as \npossible that documents such as notices of assessment or \nreminders actually reach the taxable person, in order to \navoid enforcement steps being taken, or penalties imposed, \nagainst a person who is genuinely ignorant of a tax claim or \nliability. ARTICLE 10 \n\n22. Once again this is a standard provision providing for \ntransmission on request of information relating to indirect \ntax operations which are suspected of being fraudulent. It \ncovers in particular the transmission of reports or \ndocuments from the archives of the requested authority. TITLE III \n\nAutomatic exchange of information. ARTICLE 11 \n\n23. Article 11 deals with the automatic exchange of \ninformation between the Member States. Although not used at \npresent this type of information exchange could be of real \nvalue in the future, as co-operation between fiscal \nadministrations develops and expands. Accordingly, the \nmethods of co-operation to be employed under this Article \nare left to be defined in the context of the meetings of \nrepresentatives of Member States to be organised under \nArticle 19. - 9 \n\nTITLE IV \n\nSpontaneous assistance \n\nARTICLE 12 \n\n24. This Article lays a general obligation on the Member \nStates to provide spontaneous assistance to each other. This type of assistance is supplied without either previous \nrequest from another Member State or prior agreement on \nitems to be transmitted automatically. Spontaneous \ninformation exchanges are likely to prove particularly \nuseful in fraud control because they generally concern data \nspecifically detected and selected by an indirect tax \nofficial of the sending Member State during a domestic audit \nor investigation. ARTICLE 13 \n\n25. This Article sets out various instances where the \ncompetent authorities of the Member States exchange \ninformation, without prior request, in the general field of \ntax control and compliance. As with Article 7, these \nprovisions have particular relevance to the control of \ntaxable activities by closely related trading groups. The second paragraph permits the Member States, meeting \nunder the procedures laid down in Article 19, to add new \ncategories to the list of cases where spontaneous exchange \nof information is appropriate. As the efficiency of spontaneous exchanges depends almost \nexclusively on the initiative of the supplying State, it is \nimportant that the competent authorities of the latter \nshould take the necessary administrative steps to ensure \nthat information likely to be of interest to another State \nis brought to its own attention. A requirement to this \neffect is laid down in the third paragraph of this Article. ARTICLE 14 \n\n26. This Article is a parallel provision to Article 13, in \nthe fraud field. Spontaneous transmission of information is \nto take place immediately and, given the wide scope of \npotential fraudulent activity, no attempt is made to limit \nthe transmission to particular categories; all information \nof use in connection with fraudulent operations is to be \ntransmitted. - 10 -\n\nTITLE V \n\nConditions governing assistance \n\nARTICLE 15 \n\n27. This Article establishes the general principle that the \ncompetent authorities of the Member States should take steps \nto ensure that their obligations to furnish information are \ncarried out swiftly. Provision is made for the laying down \nof more precise time limits for particular categories of \ninformation, in accordance with the procedures of Article \n19. Requested information sent under the provisions of \nArticles 5 to 10 is subject in any case to a maximum time \nlimit of three months unless the applicant authority itself \nproposes a longer period. Three months is the time limit to \nwhich Member States felt able to commit themselves during \nearlier discussions on administrative co-operation. The \nsecond paragraph requires a competent authority to keep its \ninterlocutor informed if any obstacles arise which prevent \nit from furnishing the requested information on time. Obstacles in this context clearly mean obstacles beyond the \ncontrol of the authority in question. ARTICLE 16 \n\n28. In this Article, rules are laid down governing direct \ncollaboration between the officials of Member States. In \nthe first instance the Article envisages such contact taking \nplace between duly authorized officials of the applicant \nauthority and the requested authority at the offices of the \nlatter. The official from the applicant authority is to be \ngiven full access to whatever documentation the staff of the \nrequested authority have available to them. The second paragraph takes the process of direct \n29. collaboration a stage further by permitting officials from \nthe applicant authority to be present, by agreement, at a \nspecific tax examination in the requested Member State. The justification for this further stage of collaboration \nmust always be both practical and specific. It is \nunderstood that this extended form of assistance should not \nbe asked for unless the competent authority of the applicant \nstate is convinced that the examination in another Member \nState will contribute substantially to the solution of a \ndomestic indirect tax problem. This procedure is a logical \nextension of the provisions for coordinated tax examinations \nin Article 7. 30. Paragraphs 2 and 3 of this Article taken together make \nit clear that the decision as to whether representatives of \nthe applicant authority should be allowed to be present or \nnot is taken by the requested authority. However, it should \nbe noted that the fact that the requested authority has the \ndecisive role in this respect does not in any way restrict \n\n\f- 11 -\n\nthe obligation on that authority to furnish information \nrequested under any other Article of this proposed \nRegulation. 31. If the request is approved the requested authority is \ncalled upon in paragraph 3 to indicate the time and place of \nthe examination and any other relevant particulars, such as \nthe official responsible for the examination and any \nspecific conditions stipulated for its conduct. All \ndecisions on how the examination is to be carried out have \nto be taken by the official of the requested authority in \ncharge of the examination. There is no question of any \nexercise of authority in the strict sense of the word by the \nofficial of the applicant authority, but at the discretion \nof the requested authority he or she may be permitted to co \noperate actively. 32. The final paragraph provides that the detailed \napplication of this Article shall be discussed and if \nnecessary determined in the context of the meetings to be \norganised under Article 19. ARTICLE 17 \n\n33. This Article lays down standard provisions regarding \nthe confidentiality of the information exchanged as part of \nadministrative co-operation. The rules broadly define two \ncategories of access: \n\n- firstly, those persons directly involved in the ascessment \nor administrative control of indirect tax. This category-\nis specifically extended to include appropriate officials \nof the Community institutions, in keeping with parallel \nprovisions made in the customs field (Reg. 1468/81, \nparagraph 19). - secondly, persons who are directly involved in judicial or \nadministrative proceedings involving sanctions relating to \nindirect tax assessment. 34. Paragraph 2 permits a Member State which for domestic \npurposes operates narrower limits than those indicated above \nto insist that an applicant authority operates the same \nnarrower limits in respect of information supplied by it. Paragraph 3 goes in the opposite direction by permitting the \napplicant authority to allow wider access to the information \nin question, subject to the consent of the requested \nauthority, if such wider access is available in the \nrequested Member State. Paragraph 4 is a standard provision \nwhich allows one Member State to transmit information \nreceived from another Member State to a third Member State, \nsubject to the consent of the Member State which provided \nthe information. - 12 -\n\nARTICLE 18 \n\nThe first paragraph contains a standard provision \n35. limiting the obligation to provide co-operation where \nconsiderations of public policy (\"ordre public\") of the \nState itself are concerned. This is very much a fall-back \nprovision which will not be invoked in most normal \ncircumstances. 36. When assistance is refused, the Member State in \nquestion is required under the provisions of the second \nparagraph to give its reasons. TITLE VI \n\nConsultation and Co-ordination Procedures \n\nARTICLE 19 \n\n37. This Article contains the nub of the organizational \nprocedures envisaged in connection with the new type of \nadministrative co-operation. While the basis of this co \noperation remains essentially bilateral, between individual \nMember States, the introduction of co-operation in the \nfields of validation and verification of day-to-day control \nprocedures implies the need for a central forum in which \npractical problems of general concern can be discussed and \nin which standard operating procedures can be agreed. It is \nthe aim of the first paragraph of this Article to provide \nsuch a central forum. The text draws on the experience \ngained in the customs field (Regulation 1468/81) but is \nspecifically orientated towards the needs of indirect tax \ncontrol in the post-1992 situation. 38. Paragraph 2 provides for Member States to continue to \ncommunicate directly with each other on matters of bilateral \ninterest where no wider need for consultation arises. This \nis a standard provision, taken from the existing Directive \non tax co-operation (77/799/EEC). 39. Paragraph 3 is a provision, based on Regulation \n1468/81, which requires Member States to ensure that \ndomestic co-ordination between the different national \nauthorities concerned is adequate, so that external co \noperation with other Member States can operate smoothly. 40. Paragraph 4 envisages a process of constant monitoring, \nin which the Member States and the Commission jointly \nparticipate, to assess the effectiveness of the co-operation \nprocedures which have been set up under the provisions of \nparagraph 1. The aim is to improve and refine the co \noperation procedures on an ongoing basis and, where \nappropriate, to incorporate these improvements in \nadministrative rules or procedures to be applied by common \n\n\f- 13 -\n\nagreement. The pooling of experience concerning new means \nof tax avoidance or evasion is one of the important aspects \nof this process. 41. Finally, paragraph 5 lays down a specific task for the \nCommission in disseminating information provided to it by \nindividual Member States or other reliable sources and \nlikely to be of general interest in ensuring compliance with \nand proper control of any indirect tax measures. This is a \nprovision drawn from experience in the customs area \n(Regulation 1468/81). Taken together with paragraphs 2 and \n4 it provides a broad outline of the respective roles to be \nplayed in this field by individual Member States, by the \nMember States and the Commission jointly, and by the \nCommission specifically. TITLE VII \n\nFinal Provisions \n\nARTICLE 20 \n\n42. Paragraph 1 is a standard provision requiring Member \nStates to keep the Commission informed of their \nadministrative co-operation arrangements in indirect tax \nmatters with third countries. 43. Paragraph 2 is once again a standard provision governing \nthe problem of costs. The general rule, as in previous \nCommunity legislation on this subject, is that each Member \nState shall bear the costs arising from its provision of \nadministrative co-operation, except in respect of fees paid \nto experts in certain circumstances. Article 19(1) provides \na forum for resolving any disputes which may arise in \nconnection with this subject. 44. The third paragraph is a necessary provision which \nenables Member States, wherever feasible, to use computer \ntechnology in the exchange of information or documents \nprovided for under this proposal. ARTICLE 21 \n\n45. The first paragraph requires the Member States to keep \nthe Commission informed of any national laws which they \nsubsequently adopt in the areas covered by this proposal. The second paragraph is a standard provision designed to \nensure that the present proposal does not limit other \npossible avenues of co-operation. When Member States are \nbound both by the obligations of the present proposal and by \nobligations imposed by other instruments, or arrangements in \nthis field, the most effective instrument can be used m any \nparticular situation. The third paragraph is designed to \nensure that existing rules applicable in the Member States \nconcerning mutual assistance in criminal matters are not \naffected by the provisions of this proposal. - 14 -\n\nARTICLE 22 \n\n46. The present proposal incorporates and expands on the \nprovisions of Directive 79/1070/EEC. In addition it extends \nadministrative co-operation to the field of excise duties \nand thus provides a comprehensive umbrella instrument \ncovering all requirements for co-operation in indirect tax \nmatters. In these circumstances Directive 79/1070/EEC is \nredundant and must be repealed to avoid confusion or legal \nuncertainty. ARTICLE 23 \n\n47. This Article provides for the present proposal to come \ninto operation on 1 January 1992, one year before the date \nlaid down by Articles 8a and 100a of the Treaty for \neliminating fiscal frontiers and for establishing the \ninternal market. There is no technical reason why the \nMember States should not implement this proposal in advance \nof other measures forming part of the fiscal approximation \npackage and experience gained in its operation in the \nintervening year will enable the competent authorities of \nthe Member States to face the ending of border-related \ncontrols on 31 December 1992 with greater confidence than \nwould otherwise be the case. In particular, the intervening \nyear should enable the practical control procedures \nenvisaged under Article 19(1) to be agreed and implemented \nwhile the support provided by border controls is still \navailable. - 15 -\n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\nconcerning administrative cooperation in the field of \n\nindirect taxation \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES\u00bb \n\nHaving regard to the Treaty establishing the European Economic \nCommunity, and in particular Article 100a thereof, \n\nHaving regard to the proposal from the Commission, \n\nIn cooperation with the European Parliament(1), \n\nHaving regard to the opinion of the Economic and Social \nCommittee(2), \n\nWhereas the establishment of the internal market in accordance \nwith Article 8a of the Treaty requires the creation of an area \nwithout internal frontiers in which the free movement of goods, \npersons, services and capital is ensured; \nwhereas the free \nmovement of goods, persons and services requires, in particular, \nthe elimination of customs-related \ncontrols within the \nCommunity ; \n\nWhereas in order to give full effect to the abolition of \nfrontier controls while avoiding fiscal revenue losses for \nMember States, the fiscal harmonisation measures taken for \ncompletion of the internal market and for the transitional \nperiod require the establishment of a common system of \nadministrative cooperation between the competent authorities of \nthe Member States; \n\n(1)0J No \n(2)OJ No \n\n\f- 16 -\n\nWhereas the provisions of this Regulation which provide for this \ncooperation system are designed to permit the abolition of \nfrontier controls in accordance with the aims set out in Article \n8a of the Treaty, and not to harmonise fiscal provisions in the \nsense of Article 100a(2); whereas it is moreover necessary \nthat the transitional taxation system should be effectively \nestablished without risks of fraud which might lead to distortions \nOf compet i t i on; \n\nWhereas Member States nevertheless have a continuing need to \nexercise controls over intra-Community traffic in goods and \nservices similar to those which they exercise over domestic \ntransactions affected by indirect tax obligations; whereas lack \nof such controls can lead to tax evasion and tax avoidance \nextending across the frontiers of Member States with consequent \nbudgetary losses, violation of the principles of fair taxation \nand distortion of conditions of competition between Member \nStates ; \n\nWhereas collaboration between indirect tax administrations \nwithin the Community, and between such administrations and the \nCommission, should therefore be strengthened in accordance with \ncommon principles and rules to ensure the establishment and the \nfunctioning of the internal market; \n\nWhereas in making the appropriate arrangements for carrying out \nadministrative cooperation the Member States shall pay \nparticular attention to the need for validation and verification \nof intra-Community transactions in goods and services, given \nthat the kinds of controls formerly exercised over such \ntransactions are no longer applicable; \n\nWhereas the Member States should, on request, exchange \ninformation concerning particular cases; whereas the Member State so \nrequested should make the necessary enquiries to obtain such \ninformation; \n\nWhereas the Member States should exchange, even without any \nrequest, any information which appears relevant for the control \nof indirect taxes, in particular where such taxes have been or \nmay be evaded or avoided for any reason whatever; \n\nWhereas it is important that officials of the indirect tax \nadministration of one Member State be allowed to be present in \nthe territory of another Member State if both the States \nconcerned consider it desirable; \n\nWhereas care must be taken to ensure that information provided \nin the course of such collaboration is not disclosed to \nunauthorized persons, so that the basic rights of citizens and \nenterprises are safeguarded; whereas it is therefore necessary \nthat the authority receiving such information should not use it, \nwithout the authorization of the authority supplying it, other \nthan for the purposes of taxation or to facilitate legal \nproceedings for failure to observe the tax laws of the Member \nStates concerned; whereas it is also necessary that the receiving \nauthority affords the information the same degree of \nconfidentiality which it enjoyed in the Member State which provided \nit. if the latter so requires; \n\n\f- 17 -\n\nWhereas a Member State which is called upon to carry out \nenquiries or to provide information shall have the right to \nrefuse to do so where its laws prevent its indirect tax \nadministration from carrying out such \nenquiries or from \ncollecting or using such information for its own purposes, or \nwhere the provision of such information would be contrary to \npublic policy; \n\nWhereas collaboration between the Member States and the \nCommission is necessary for the permanent study of cooperation \nprocedures and the pooling of experience in the fields \nconsidered, with the aims of improving those procedures and \npreparing appropriate Community rules, and of detecting any \nactivity contrary to indirect tax laws. HAS ADOPTED THIS REGULATION ; \n\nArticle 1 \n\nThis Regulation lays down the ways in which the administrative \nauthorities responsible in the Member States for the application \nof the law on indirect tax matters shall cooperate with those in \nthe other Member States and with the Commission in order to \nensure compliance with the law and a correct assessment of the \ntaxes in question. 1. For the purposes of this Regulation : \n\nArticle 2 \n\n- the \"law on indirect tax matters\" means all provisions \n\napplicable in the laws of the Member States and all Community \nprovisions relating to value added tax and to excise duties as \ndefined in Article 5(1). - \"applicant authority\" means the competent authority of a \n\nMember State which makes a request for assistance, \n\n- \"requested authority\" means the competent authority of a \nMember State to which a request for assistance is made. 2. Each Member State shall communicate to the other Member \nStates and to the Commission a list of the competent authorities \nwhtch are appointed to act as correspondents for the purposes o \naoDlving this Regulation. In addition, each Member State shall \n\u00abSn\u00eeX\u00efte a central office with principal responsibility for \nliaison with o?her Member States in the field of administrative \nco-operation. T\u00ab fh\u00eec Peculation \"competent authorities\" means those \nauthoAtie^appoin^d to \"act as correspondents under the f xrst \nsubparagraph. - 18 -\n\nTITLE I \n\nAdministrative cooperation - general provisions \n\nArticle 3 \n\nThe competent authorities of the Member States shall cooperate \nwith each other and with the Commission, to the fullest extent \npossible, in ensuring that national and Community provisions \nrelating to indirect taxes are complied with and properly \ncontrolled. In particular the competent authorities shall exchange between \nthemselves any information that is relevant to the assessment \nand collection of indirect taxes. They shall also communicate \nany specific or general information to the Commission when this \nmay be of interest at Community level. Article 4 \n\nThe obligation to provide assistance laid down by this \nRegulation shall not cover the provision of information or \ndocuments obtained by the administrative authorities referred to \nin Article 1 at the request of the judicial authority. However, in the case of an application for assistance, such \ninformation or documents shall be provided in all cases where \nthe judicial authority, to which reference must be made, gives \nits consent. TITLE II \n\nAssistance on request \n\nArticle 5 \n\n1. At the request of the applicant authority, the requested \nauthority shall communicate to it all information likely to \nenable the former to ensure compliance with the provisions laid \ndown by the law on indirect tax matters with particular regard \nto: \n\n- value added tax, \n\n- excise duty on manufactured tobacco products, \n\n- excise duty on alcoholic beverages and on the alcohol \n\ncontained in other products, \n\n- excise duty on mineral oils. 2. In order to obtain this information, the requested authority \nor the administrative authority which it has addressed shall \n\n\f- 19 -\n\nproceed as though it were acting on its own account or at the \nrequest of another authority in its own country. Article 6 \n\nAt the request of the applicant authority, the requested \nauthority shall carry out appropriate enquiries or arrange for \nsuch enquiries to be carried out to enable it to supply the \nnecessary information within the definition of Article 3. Article 7 \n\n1. At the request of an applicant authority, two or more of the \nadministrative authorities referred to in Article 2 shall \nconsult together for the purposes of determining cases and \nprocedures for co-ordinated tax examinations. Each authority \ninvolved shall decide whether or not it wishes to participate in \na particular co-ordinated tax examination. 2. For the purposes of this Regu lat i on, a \"co-ordinated tax \nexamination\" means an arrangement between two or more authorities \nto examine, each in its own territory, the indirect tax affairs \nof a person or persons in which they have a common or related \ninterest, with a view to exchanging any relevant information \nwhich they so obtain. Article 8 \n\nAt the request of the applicant authority, the requested \nauthority shall supply to it any attestation, document or \nofficial copy of a document which it has or which it obtains in \nthe manner referred to in Article 5 (2) and which relates to \noperations covered by the law on indirect tax matters. Article 9 \n\n1. At the request of the applicant authority, the requested \nauthority shall, while observing the rules in force in the \nMember State in which it is situated, notify any person or have \nthat person notified of all acts or decisions which \nemanate from the administrative authorities and concern the \napplication of the law on indirect tax matters. 2. Requests for notification, mentioning the subject of the act \nor decision to be communicated, shall be accompanied by a \ntranslation in the official language or one of the official \nlanguages of the Member State in which the requested authority \nis situated, without prejudice to the latter's right to waive \nsuch a translation. At the request of the applicant authority, the requested \nauthority shall supply to it any information in its possession \n\nArticle 10 \n\n\f- 20 -\n\nor which it can obtain as prescribed in Article 5(2), in \nparticular in the form of reports and other documents or \nofficial copies of or extracts from such reports or documents, \nconcerning operations detected or planned which are or appear to \nthe applicant authority to be contrary to the law on indirect \ntax matters. However, such communication shall be in the form of original \ndocuments and other material only if the provisions in force in the \nMember State \nheadquarters do not preclude this. in which the requested authority has its \n\nTITLE III \n\nAutomatic exchange of information \n\nArticle 11 \n\nFor categories of cases which shall be determined under the \nprocedures laid down in Article 19 the competent authorities of \nthe Member States shall regularly exchange the information \nreferred to in Article 3 without prior request. TITLE IV \n\nSpontaneous assistance \n\nArticle 12 \n\nThe competent authorities of each Member State shall, as laid \ndown in Articles 13 and 14, provide assistance to the competent \nauthorities of the other Member States without prior request of \nthe latter. Article 13 \n\n1. Where they consider it relevant in connection with \ncompliance with the law on indirect tax matters, the competent \nauthorities of a Member State shall without prior request \nforward the information referred to in Article 3, of which it \nhas knowledge, to the competent authority of any other Member \nState concerned, when: \n\n(a) the competent authority of the one Member State has grounds \nfor supposing that there may be a loss of indirect tax in \nthe other Member State; \n\n(b) a person with an indirect tax liability obtains a reduction \nin or an exemption from indirect tax in the one Member State \nwhich would give rise to an increase in indirect tax or to \nliability to indirect tax in the other Member State; \n\n(c) the competent authority of a Member State has grounds for \nsupposing that a saving of indirect tax resulting from \n\n\f- 21 -\n\nartificial transfers of supplies of goods or services \nthrough one or more countries, particularly between closely \nrelated trading groups, accrues to an unentitled person; \n\n(d) information forwarded to the one Member State by the \ncompetent authority of the other Member State has enabled \ninformation to be obtained which may be relevant in \nassessing liability to indirect tax in the latter Member \nState. 2. The competent authorities of the Member States may, under \nthe procedures laid down in Article 19 extend the exchange of \ninformation provided for in paragraph 1 to cases other than \nthose specified therein. 3. The competent authorities of each Member State shall take \nsuch measures and implement such procedures as are necessary to \nensure that the information referred to in paragraphs 1 and 2 \nwill be made available for transmission to other Member States. Article 14 \n\nThe competent authorities of each Member State shall immediately \nsend to the competent authorities of the other Member States \nconcerned all information of use in connection with operations \nwhich are or appear to them to be contrary to the law on indirect \ntax matters. TITLE V \n\nConditions governing assistance \n\nArticle 15 \n\n1. The competent authority of a Member State which under the \npreceding articles is called upon to furnish information shall \nforward it as swiftly as possible and in any case within time \nlimits to be agreed under the procedures laid down in Article \n19. Information which is provided on request shall be furnished \nwithin three months of the receipt of the request, unless the \ntime limit is extended by the applicant authority. 2. If a competent authority encounters obstacles in furnishing \nthe information it shall forthwith inform the other authority or \nauthorities concerned to this effect, indicating the nature of \nthe obstacles. Article 16 \n\n1. By agreement between the applicant authority and the \nrequested authority and in accordance with the arrangements laid \ndown by the latter, officials duly authorized by the applicant \nauthority may obtain, from the offices where the administrative \nauthorities of the Member State in which the requested authority \nis situated exercise their functions, information concerning the \n\n\f- 22 -\n\napplication of the law on indirect tax matters which is needed \nby the applicant authority and which is derived from \ndocumentation to which the staff of those offices have access. These officials shall be authorized to take copies of the said \ndocumentation. 2. By agreement between the applicant authority and the \nrequested authority the latter shall allow officials duly \nauthorized by the applicant state to be present at the \nappropriate part of a tax examination in the requested Member \nState. 3. If the request is acceded to, the requested authority shall, \nas soon as possible, notify the applicant authority about the \ntime and place of the examination, the authority or official \ndesignated to carry out the examination and the procedures and \nconditions laid down by the requested authority for the conduct \nof the examination. All decisions with respect to the conduct \nof the tax examination shall be made by the requested authority. 4. The details for applying the preceding provisions shall be \ndiscussed and, as appropriate, determined under the procedures \nlaid down in Article 19. Article 17 \n\n1. Any information communicated in whatever form pursuant to \nthis Regulation shall be of a confidential nature. It shall be \ncovered by the obligation of professional secrecy and shall \nenjoy the protection extended to like information under both the \nnational law of the Member State which received it and the \ncorresponding provisions applying to the Community authorities. In any case such information: \n\n- may be made available only to the persons directly involved in \nthe assessment or administrative control of indirect tax or to \npersons within the Community institutions whose duties require \nthat they have access to it. It may not be used for purposes \nother than those provided for in this Regulation, unless the \nauthority supplying it has expressly agreed and insofar as the \nprovisions in force in the Member State where the authority \nwhich received it is situated do not preclude such \ncommunication or use, \n\n- may, in addition, be made known in connection with judicial \nproceedings or administrative proceedings involving sanctions \nundertaken with a view to, or relating to, the making or \nreviewing of the indirect tax assessment and only to persons \nsuch \nwho are directly involved in such proceedings; \ninformation may, however, be disclosed during public hearings \nor in judgments if the requested authority raises no \nobjection, \n\n- shall in no circumstances be used other than for taxation \npurposes or in connection with judicial proceedings or \nadministrative proceedings involving sanctions undertaken with \n\n\f- 23 -\n\na view to, or in relation to, making or reviewing the tax \nassessment. 2. Paragraph 1 shall not oblige a Member State whose \nlegislation lays down, for domestic purposes, narrower limits \nthan those contained in the provisions of that paragraph, to \nprovide information if the applicant authority does not \nundertake to respect those narrower limits. 3. Notwithstanding paragraph 1, the competent authorities of \nthe Member State providing the information shall permit it to be \nused for other purposes in the applicant State, if, under the \nlegislation of the requested State, the information could be \nused in the requested State for similar purposes. 4. Where the applicant authority considers that information \nwhich it has received from the requested authority is likely to \nbe useful to the competent authority of a third Member State, it \nmay transmit it to the latter with the agreement of the \nrequested authority. Article 18 \n\n1. This Regulation \nadministrative \nauthorities of the Member States to grant each other assistance \nwhere to do so would be likely to prejudice public policy of the \nState in which they are situated. shall not bind the \n\n2. Reasons shall be stated for refusal to grant assistance. TITLE VI \n\nConsultation and Co-ordination Procedures \n\nArticle 19 \n\nmeetings \n1. The \nrepresentatives of the Member States during which: \n\nCommission \n\norganise \n\nshall \n\nwith \n\nthe \n\n- the operation of the arrangements for administrative co \n\noperation provided for in this Regulation shall be examined in \ngeneral terms, with particular regard to the development of \nstandard practices for the validation and verification of \nintra-Community transactions, \n\n- common practical procedures for forwarding the information \nreferred to in Article 3 shall be laid dowr. , taking due \naccount of any agreements made under Article II, \n\n- the information sent to the Commission purs. <m'' ~ - V \u00ab icle 3 \nshrill be examined with a view tc drawj i,, ti - relevant \nconc3usions, determining the measures req-\"- ' >\\ u \u2022\u2022\u2022 >t an end \nto ar y opt, cations found to be contrary to {1i * \nindirect \ntax raa; *:ers and, where necessary, ^. v^est ' \u00bb. c, t >iCixdments to \n\n\f24 -\n\nexisting Community provisions or the drawing up of additional \nones, \n\n- cases and procedures concerning co-ordinated tax examinations \n\nprovided for in Article 7 shall be examined and discussed. 2. On matters of bilateral interest, the competent authorities \nof the Member States may communicate directly with each other. The competent authorities of the Member States may, by mutual \nagreement, permit authorities designated by them to communicate \ndirectly with each other in specified cases or in certain \ncategories of cases. 3. For the purposes of applying this Article, Member States \nshall take all the necessary steps to: \n\n(a) ensure sound internal coordination between the competent \n\nauthorities referred to in Article 1; \n\n(b) establish direct \n\ncooperation \n\nbetween \n\nthe \n\nauthorities \n\nspecially empowered for the purposes of such coordination; \n\n(c) make suitable arrangements for ensuring the smooth operation \nof the arrangements for administrative cooperation provided \nfor in this Regulation, including the nomination of a \ncentral office as required under Article 2 ( 2 ). 4. The Member States shall, together with the Commission, \nconstantly monitor the cooperation procedure provided for in \nthis Article and shall pool their experience, especially \nconcerning new means or methods of tax avoidance or evasion with \na view to improving such cooperation and, where appropriate, \ndrawing up a body of rules as described in paragraph 1. Commission \n\n5. The \ncompetent \nauthorities of each Member State, as soon as it is available, \nany information which it receives under the provisions of \nArticle 3, or any other relevant information which it is able to \nsupply. communicate \n\nshall \n\nthe \n\nto \n\nTITLE VII \n\nFinal Provisions \n\nArticle 20 \n\n1. Member \nany \nadvise \narrangements for administrative co-operation in the field of \nindirect taxation carried out with third countries. Commission \n\nStates \n\nshall \n\nthe \n\nof \n\n2. Member States shall waive all claims for the reimbursement \nof expenses incurred pursuant to this Regulation except, as \nappropriate, in respect of fees paid to experts. 3. For the purposes of this Regulation \"document\" includes \ninformation held in or transmitted by computerised systems. - 25 -\n\nArticle 21 \n\n1. Member States shall communicate to the Commission the texts \nof any provisions of national law which they subsequently adopt \nin the field covered by this Regulation. 2. The arrangements provided for by this Regulation do not \nlimit, nor are they limited by, those contained in other \nagreements or instruments which relate to co-operation in tax \nmatters. 3. This Regulation shall not affect the application in the \nMember States of the rules on mutual assistance in criminal \nmatters. Council Directive 79/1070/EEC1 \n\nis hereby repealed. Article 22 \n\nArticle 23 \n\nThis Regulation shall enter into force on the third day \nfollowing that of its publication in the Official Journal of the \nEuropean Communities. It shall apply from 1 January 1992. This Regulation shall be binding in its entirety and directly \napplicable in all Member States. Done at Brussels, \n\nFor the Council \n\n1 OJ Ho I 33f* *7. 12. t979# p* 8 \n\n\f\fISSN 0254-1475 \n\nCOM (90) 183 final \n\nDOCUMENTS \n\nEN \n\n09 \n\nCatalogue number : CB-CO-90-215-EN-C \nISBN 92-77-60289-9 \n\nPRICE \n\n| \n\n1-30 pages: 3. 50 ECU \n\nper additional TO pages: 1. 25 ECU \n\nOffice for Official Publications of the European Communities \nL-2985 Luxembourg"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/29d33d1c-349e-49a3-8336-56fcc38e6cdc", "title": "Decision No 4/90 of the EEC-Norway Joint Committee of 19 June 1990 supplementing and amending, in the framework of the Joint Declaration concerning the review of the changes to the origin rules as a result of the introduction of the harmonized system, Annex III to Protocol No 3 concerning the definition of the concept of 'originating products' and methodes of administrative cooperation", "langIdentifier": "ENG", "mtypes": "pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_body_agreement_international,http://publications.europa.eu/ontology/cdm#agreement_international,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "EEC\u2013Norway Joint Committee", "date": "1990-06-19", "subjects": "Norway,administrative cooperation,agreement (EU),alcoholic beverage,originating product,textile product", "workIds": "celex:21990D0808(10)", "eurovoc_concepts": ["Norway", "administrative cooperation", "agreement (EU)", "alcoholic beverage", "originating product", "textile product"], "url": "http://publications.europa.eu/resource/cellar/29d33d1c-349e-49a3-8336-56fcc38e6cdc", "lang": "eng", "formats": ["pdfa1b", "print"]}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/bdf56db1-eabf-4461-b288-038fdf365942", "title": "Resolution of the Council and of the representatives of the Governments of the Member States, meeting within the Council of 19 June 1990 on improving passenger ferry safety", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_other_oj_l,http://publications.europa.eu/ontology/cdm#legislation_complementary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union,Representatives of the Governments of the Member States", "date": "1990-06-19", "subjects": "carriage of passengers,ferryboat,international cooperation,maritime safety,maritime transport,transport policy", "workIds": "celex:41990X0818,oj:JOC_1990_206_R_0003_01", "eurovoc_concepts": ["carriage of passengers", "ferryboat", "international cooperation", "maritime safety", "maritime transport", "transport policy"], "url": "http://publications.europa.eu/resource/cellar/bdf56db1-eabf-4461-b288-038fdf365942", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/3f915636-dec4-461c-a80f-205e6de30bf8", "title": "Council Resolution of 19 June 1990 on the prevention of accidents causing marine pollution", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_legislative_other_oj_c,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1990-06-19", "subjects": "accident prevention,environmental protection,marine pollution,maritime safety,protection of animal life,public health", "workIds": "celex:31990Y0818(01),oj:JOC_1990_206_R_0001_01", "eurovoc_concepts": ["accident prevention", "environmental protection", "marine pollution", "maritime safety", "protection of animal life", "public health"], "url": "http://publications.europa.eu/resource/cellar/3f915636-dec4-461c-a80f-205e6de30bf8", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/11e160e3-2613-4225-800a-0077827895ff", "title": "AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES CONCERNING TELECOMMUNICATIONS TERMINAL EQUIPMENT, INCLUDING THE MUTUAL RECOGNITION OF THEIR CONFORMITY", "langIdentifier": "ENG", "mtypes": "pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_directive_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1990-06-19", "subjects": "European standard,approximation of laws,product quality,quality standard,telecommunications,transmission network", "workIds": "celex:51990PC0263,comnat:COM_1990_0263_FIN,oj:JOC_1990_187_R_0040_02", "eurovoc_concepts": ["European standard", "approximation of laws", "product quality", "quality standard", "telecommunications", "transmission network"], "url": "http://publications.europa.eu/resource/cellar/11e160e3-2613-4225-800a-0077827895ff", "lang": "eng", "formats": ["pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/b2dfe82d-b29b-4d54-a036-e5750c71c887", "title": "PROPOSAL FOR AN AMENDMENT TO THE PROPOSAL FOR A COUNCIL DIRECTIVE SUPPLEMENTING THE COMMON SYSTEM OF VALUE ADDED TAX AND AMENDING DIRECTIVE 77/388/EEC", "langIdentifier": "ENG", "mtypes": "pdf,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_directive_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1990-06-19", "subjects": "VAT,intra-EU trade,single market,tax harmonisation", "workIds": "celex:51990PC0182,comnat:COM_1990_0182_FIN,oj:JOC_1990_176_R_0008_01", "eurovoc_concepts": ["VAT", "intra-EU trade", "single market", "tax harmonisation"], "url": "http://publications.europa.eu/resource/cellar/b2dfe82d-b29b-4d54-a036-e5750c71c887", "lang": "eng", "formats": ["pdf", "pdfa1b", "print"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nC0MC90) 182 final - SYN 274 \nBrussels, 19 June 1990 \n\nPROPOSAL FOR AN \nAMENDMENT TO THE \nPROPOSAL FOR A COUNCIL DIRECTIVE \nSUPPLEMENTING THE COMMON SYSTEM OF VALUE ADDED TAX AND \nAMENDING DIRECTIVE 77/388/EEC \n\nTRANSITIONAL ARRANGEMENTS FOR TAXATION \nWITH A VIEW TO ESTABLISHMENT OF THE INTERNAL MARKET \n\n(presented by the Commission) \n\n\fEXPLANATORY MEMORANDUM \n\n1. THE ATTACHED PROPOSAL HAS BEEN DRAWN UP WITH A VIEW TO THE \nDEFINITIVE ABOLITION OF ALL FISCAL FRONTIERS AND IS DESIGNED TO \nEXPEDITE PROGRESS ON THE FISCAL ASPECTS OF THE INTERNAL MARKET \n\nCompletion of the internal market has as its corollary the \nremoval of fiscal frontiers, that is to say, \"abolishing the \nimposition of tax on the importation and the remission of tax \non exportation in trade between Member States\". C1) In order to \ngive practical shape to the commitments made by the Member \nStates in this connection,(2) the Commission presented in 1987 \na proposal(3) supplementing the common system of VAT as laid \ndown in the Sixth Directive. That proposal forms part of an \noverall strategy for the approximation of indirect tax rates \nand harmonization of indirect tax structure. The 1987 proposal introduces the principle of \"taxation in the \ncountry of origin\" since a consequence of abolishing fiscal \nfrontiers is that taxable supplies will attract tax in the \ncountry from which goods are transported to another Member \nState. In this way, intra-Community sales and purchases of \ngoods are afforded the same treatment as sales and purchases \nwithin Member States. (\u00a3) Directive 77/388/EEC, OJ No L 145, fifth recital. (2) Article 99 of the Treaty of Rome as amended by the Single Act, \n\netc \n\n(3) Proposal COM(87)322, OJ No C 252 of 22. 9. 87 \n\n\fIt should be borne in mind here that one of the conclusions \nreached by the Council on 13 November 1989 was that these \nuniform tax arrangements in the country of origin remained a \n\"medium-term objective\". (4) \n\nThe ultimate objective has thus been clearly identified and is \nnot in doubt. The attached proposal for a Directive by \namending the Sixth Directive as amended by COM(87) 322, thus \n1987 proposal, by \ndovetails with and supplements \nintroducing a number of transitional provisions to help Member \nStates achieve that objective under optimum conditions. This \nproposal takes account of all these considerations. the \n\n2. THE TRANSITIONAL TAX ARRANGEMENTS SET OUT BY THE COMMISSION IN \nTHE ATTACHED PROPOSAL ARE CONSISTENT WITH THE GUIDELINES \nADOPTED BY THE COUNCIL AND WILL HAVE A DYNAMIC EFFECT ON THE \nPROCESS OF ABOLISHING FISCAL FRONTIERS \n\nAt the outset, in order to facilitate rapid adoption of the \nproposals for the complete abolition of fiscal frontiers, the \nCommission, in a communication sent to the Council and to \nParliament on 14 June 1989,(5) suggested the introduction at \nthe earliest possible opportunity of a transitional phase \nbetween now and the end of 1992 during which the necessary \nadjustments enabling Member States to give practical shape to \nwhile \nbe \ntheir \nreaffirming the principle of generalized taxation in the \ncountry of origin, the Commission developed a new, pragmatic \napproach which, until such time as VAT rates had been brought \nsufficiently into line, would secure differential treatment for \ncertain classes of taxable transaction in order to avoid the \n\nmade. Furthermore, \n\ncommitments \n\nwould \n\n(4) conclusions of the ECOFIN Council of 13 November 1989 \n(5) COM(89) 260 final. risks of distortion of competition that could arise in the case \nof purchases made by final consumers in sectors deemed to be \nsensitive. Accordingly, the following would be the only \ntransactions that would continue to be taxed at the rates and \nunder the conditions obtaining in the Member States of \ndestination: \n- sales to institutional non-taxable persons and to fully \n\nexempt taxable persons; \n\n- mail-order sales to private individuals; \n- sales of new passenger vehicles. Ultimately these derogations would have lapsed since a process \nof convergence of rates was introduced at the same time. In spite of Commission efforts to introduce elements of \nflexibility into its proposals, the Council made the point that \na general agreement on the tax arrangements proposed by the \nCommission could not be reached before 1 January 1993. It \nconsidered that such an agreement presupposed the fulfilment of \nconditions which could not be satisfied by that date. (6) It \nthus adopted the following conclusions: \"For a limited period, \nthe smooth operation of VAT arrangements in the case of \ntransactions between different Member States carried out by \ntaxable persons must be ensured by taxing the recipient in the \ncountry of destination at the rate and under the conditions \nobtaining in that country. Exempt or non-taxable bodies making \npurchases of a certain value in other Member States will be \ntreated in the same way. The differential treatment of \ncertain classes of transaction will enable distortions of \n\n(&) ECOFIN Council of 9 October 1989. competition to be avoided without hampering freedom of \nmovement. \". (7) The Commission welcomed the fact that the \nStrasbourg European Council asked the Council \"to adopt as soon \nas possible the decisions which will make the process of the \ncomplete abolition of fiscal frontiers irreversible\". In the attached proposal, which the Commission calls on the \nCouncil to adopt at the earliest possible opportunity, the \nCommission sets out a balanced transitional solution based on a \nsystem of taxation in the country of destination which \ncorresponds to the Council guidelines and which also provides \nfor the link that the Council would like to see established \nbetween statistics and taxation as regards taxpayers' \nobligations. (8) \n\nThe arrangements are gradualist in design and thus contain \nelements of internal dynamism guaranteeing the irreversibility \nof the process of abolishing fiscal frontiers. THE ATTACHED PROPOSAL LAYS DOWN A TRANSITIONAL PERIOD FOR \nTAXATION IN THE COUNTRY OF DESTINATION AND SETS THE DATE FOR \nTHE TRANSITION TO THE DEFINITIVE ARRANGEMENTS FOR TAXATION IN \nTHE COUNTRY OF ORIGIN \n\nThe transitional tax arrangements proposed by the Commission \nwill take effect on 1 January 1993; they will expire not later \nthan 31 December 1996 following an overall examination with a \nview to determining on the basis of a Commission proposal, the \n\ny) Conclusions of the ECOFIN Council of 13 November 1989. (8) The actual introduction of the statistical machinery linked to \nthe transitional arrangements is the subject of the \ntransitional measures inserted in the proposal for a Council \nRegulation (EEC) (COM(90)177) on the statistics relating to the \ntrading of goods between Member States. procedures under which the definitive unification of the common \nVAT system shall operate. In consequence, the definitive tax \narrangements will be operative by 1 January 1997. The Council, \ntherefore, is called upon to approve simultaneously the \nintroduction of the transitional arrangements and the \nintroduction of the definitive arrangements as proposed by the \nCommission. The Commission takes the view that such provisions are \nessential: \n- in order to guarantee the irreversibility of the process of \nabolishing fiscal frontiers, in accordance with the wish \nexpressed by the Strasbourg European Council on 8 and \n9 December 1989: only the implementing of the definitive \narrangements will allow the degree of integration desired \nwithin the internal market to be achieved; \n\n- in order to give time to businesses and administrations to \n\nadapt to the new fiscal situation. To this end, the Council and the Commission will have to adopt \nthe practical procedures for the transition to the definitive \narrangements not later than 31 December 1995. 4. THE TRANSITIONAL PROVISIONS PROPOSED BY THE COMMISSION \nESTABLISH A SYSTEM OF TAXATION IN THE COUNTRY OF DESTINATION \nWITHOUT ANY FRONTIER CONTROLS AND WITHOUT ANY INCREASE IN THE \nBURDEN ON BUSINESSES \n\n(a) It should be pointed out that a number of provisions \nessential for the establishment and the functioning of the \ninternal market will be provided for as of the beginning of \nthe transitional period. They are: \n\n- Abolition of any checks or formalities imposed for tax \npurposes when goods cross intra-Community frontiers or \nprior to the movement of goods \n\nAs a result, the transitional measures proposed by the \nCommission are of a kind liable to bring about a \nlightening of the administrative and costs burdens on \nfirms engaging in intra-Community trade while at the same \ntime providing the means for carrying out the necessary \nchecks. From now on, intra-Community transactions will \nbe subject to the same checks as domestic transactions \ncarried out in Member States. Monitoring of VAT payable \nin connection with intra-Community trade will be carried \nout on the basis of normal trade documents inter alia on \ninvoices which must indicate clearly either the amount of \nVAT charged or the exempt status of the transaction as \nwell as the means of identifying the taxable status of \nthe traders; \n\n- Equal treatment as between intra-Community and domestic \ntransactions as regards the obligations of persons liable \nto pay the tax \n\nVAT payable on intra-Community transactions will be \nsettled and paid on the basis of the regular return \ncurrently used by traders for. domestic transactions. As \na result, no new or additional obligation will be imposed \non traders provided that the amount relating to intra-\nCommunity transactions is broken down by goods sent to \n\n\fand goods coming from other Member States; \n\n- Removal of the current restrictions on tax-paid purchases \n\nmade by travellers in the Member State of purchase \n\nTax will be charged directly on such purchases by the \nseller, at the rate and under the conditions obtaining in \nthe country of origin of the goods. As a result, there \nwill no longer be any restrictions on travellers wishing \nto make tax-paid purchases; \n\n- The easing of burdens on Small and Medium size \nEnterprises (SME) and the introduction of flexibility \ninto the VAT treatment of operations involving SME's \n\nIn this regard the benefit of the exemption arrangements \napplicable to SME's domestic transactions shall be \nextended to such intra-Community supplies as they may \ncarry out; \n\n(b) In view of the Council guidelines which seek to retain as a \ngeneral rule the principle of taxation at the rates and \nunder the conditions obtaining in the country of \ndestination, the Commission after having examined various \ntechnical solutions for the taxation of intra-Community \noperations which give rise to transport or dispatch, have \nopted for a legal text which firstly captures the operation \ncarried out in the country of departure and secondly \ndefines acquisition as a new taxable event in the country \nof arrival. This option means that all reference to \nconcepts of importation are avoided and that taxation in \nthe country of destination can be assured without any \n\n\fchecks or formalities when crossing borders. The tax \nmechanisms employed conform to the following rules: \n- Exemption of supply: transactions between taxable persons \n(whether entitled to deduct tax in full or in part) must \nbenefit in the country of departure from the exemption \ncurrently applied to supplies for export. (However, for \nreasons indicated earlier, supplies by SME's will not \ncome within the scope of this exemption). In the absence of any border formalities or checks, this \nexemption presupposes that the following two conditions \nare met: \n- the person by whom the goods are acquired is a taxable \n\nperson (or a person ranking as such): \nAccordingly, it is up to him to provide evidence of his \nVAT status if necessary by means of a statement to that \neffect issued by the administration in the Member State \nin which he is registered; \n\n- the goods are dispatched or transported to another \nMember State, with the onus of furnishing proof of \ntheir departure from the country of departure falling \non the seller; where appropriate on the basis of \ndocuments provided by the trader for whose account the \ntransport operation is carried out: \n\n- Taxation of the acquisition \n\nThe corresponding acquisition will give rise to taxation \nin the country of destination and the tax will be payable \nby the person by whom the goods are acquired. The \nacquisition operation is defined as the process of \nacquiring the right to dispose of tangible property as \n\n\fowner. It is based, therefore, on a legal and economic \nevent which takes place in the country of destination \nthat is the counterpart of the supply operation carried \nout in the country of origin. 10 \n\nIn this way, the taxable transaction in the country of \ndestination is as such disconnected from the physical and \nmaterial operation of introducing the goods into the tax \nterritory, an operation which constitutes the very \nconcept of importation. Naturally, this concerns only \npurchases of goods that are being dispatched or \ntransported from one Member State to another since the \ntransitional arrangements will in no way alter the scope \nof VAT as regards domestic transactions. Accordingly, checks on the taxation of acquisitions of \nintra-Community origin are based on the commercial \ndocuments usually issued or received by traders: order \nforms, transport documents, delivery notes, sales and \nacquisition \nof \nfacilitate \naccount. Furthermore, \nassistance, \nadministrative \ninvoices must explicitly give the VAT numbers of the \nseller and of the person by whom the goods are acquired. settlements \nto \nand mutual \n\nin \ncooperation \n\ninvoices, \norder \n\ncontracts, \n\nSpecial arrangements \nSo as to limit during the transitional period the major \nrisks of distortion of competition linked to differences \nin rates between Member States, the principle of taxation \nin the country of destination will be applied to certain \n\n\f11 \n\nto \n\nthe \n\nsubject \n\nfollowing \n\ntransactions \n\ntargeted \nconditions: \n* The mechanism for taxing intra-Community transactions \nbetween taxable persons is extended to acquisitions \nmade by institutional non-taxable persons and by exempt \ntaxable persons where, in the year under consideration, \nthey exceed a threshold fixed initially at ECU 35 000. This is because, given that such traders act as final \nconsumers where VAT is concerned, their purchasing \ndecisions are liable to be influenced by the difference \nin rates. It was necessary, therefore, to apply to \nthem the special arrangements defined above. The doubling of the threshold from 1 January 1995 will \nprovide for the widening of the scope of the \narrangements for taxation in the country of origin for \nthe entire duration of this period. As the Commission \nwould like this special arrangement to be relatively \nflexible traders whose purchases remain below the \nthreshold may opt for taxation of their acquisitions in \nthe country of destination. This option is valid for \ntwo consecutive years and is irrevocable; \n\n* On account of their high unit value, which makes them \nparticularly susceptible to differences in rates, it is \nproposed that new private vehicles never previously \nregistered should be taxed in respect of their \nacquisition in the Member State of use, where the first \nregistration on a permanent basis takes place; \n\n* Mail-order sales are an area of activity in which, \nbecause of the very structure of this type of \n\n\f12 \n\ndistribution, demand is particularly sensitive. In an \nopen market, significant differences in rates from one \nMember State to another might only underline this \nphenomenon. Such differences in rates could cause \nactivities to be shifted elsewhere. The aim during the \ntransitional period is to exert control over this risk \nwithout hampering the free movement of goods. The \nCommission thus proposes that mail-order sales, which \nit has moreover defined in a manner consistent with the \nobjectives laid down, should be taxed in the country of \ndestination where the seller has an annual turnover of \nintra-Community \nthan \nECU 1 million. The tax mechanism envisaged involves \nshifting the place of taxation of such sales in order \nto make the non-established seller's tax representative \nliable for VAT in the country of destination. mail-order \n\nof more \n\nsales \n\nTreatment of operations involving SME's \nSupplies for export carried out by SME's entitled to the \nexemption laid down in Article 24 of the Sixth Directive \nand in the proposal for a Twenty-Second VAT Directive \nwill, as is the case for their domestic transactions, be \ncovered by the exemption from tax applicable to SME's \ndomestic transactions. In consequence, supplies for \nexport by SME's will not give rise to the exemption laid \n\n\f13 \n\ndown in Article 15 of the Sixth VAT Directive in the \ncountry of departure. Symmetrically, they will not give \nrise to an acquisition in the country of destination of \nthe goods. However, it is worth recalling that SME's can \nin any event opt to benefit from the normal VAT \narrangements. With regard to purchases made by SME's, such transactions \nwill be subject to taxation in the country of departure \nof the goods insofar as they do not exceed the threshold \nfixed in the special arrangements applicable to purchases \nby exempt taxable persons - i. e. either ECU 35 000 or \nECU 70 000 - SME's in this regard are treated as if they \nwere taxable persons whose domestic activities are fully \nexempt from VAT. 14 \n\nEXPLANATORY NOTE ON THE LEGAL TEXT: \n\nObservations regarding the provisions applicable during the tran \nsitional period solely to intra-Community transactions - Article 2 \nof the modified version of COM(87)322 introducing a new wording for \nArticle 28 of the Sixth Directive \n\nPoint (a) \n\nThe provisions laid down define the special tax arrangements \napplicable to mail-order sales during the transitional period. Scope of the special arrangements for mail-order sales \n\nEssentially, these arrangements cover mail-order sales to private \nindividuals. However, mail-order sales to institutional non \ntaxable persons or to fully exempt taxable persons will also be \ncovered in cases where such sales do not qualify for the \narrangements generally applicable during the transitional period \nand provided for at (b) , second indent and (c). Mail-order sales \nto taxable persons are subject to the general arrangements provided \nfor at (b). Passenger vehicles are also excluded from the scope of the special \narrangements for mail-order sales, since they are covered by the \nspecific provisions laid down at (b), first indent and (c). 15 \n\nDefinition of mail-order sales \n\nThe concept of mail-order sales is determined by factors to do with \nthe way in which the offer is made, e. g. in a catalogue reproduced \nin bulk, using any medium whatsoever, whether or not printed, which \nthe consumer can consult in the absence of the trader or his \nrepresentative. Furthermore, the application of three criteria \nwill make it possible to ascertain whether the offer does, in fact, \ndisplay the characteristics recognized as being specific to mail \norder sales contracts. Thus, among the transactions excluded from \nthe special arrangements for mail-order sales are (i) sales in \nrespect of which no prior offer was made and which are in response \nto distance ordering, and (ii) sales consequent upon simple \nadvertising comprising an offer to buy (in the press). Condition of eligibility for the special arrangements tied to the \nvolume of cross-frontier transactions \n\nTraders with a cross-frontier mail-order turnover exceeding \nECU 1 million (all Community destinations taken together) must \napply the special arrangements. Nevertheless, traders not \nsatisfying the eligibility condition tied to the volume of their \ncross-frontier transactions may in their own interest apply for \nspecial arrangements, which will apply for two consecutive \nyears. The threshold mechanism is defined as follows: as soon as a \nmail-order firm exceeds, during a calendar year, a volume of mail \norder sales, in the country of departure of the goods, which come \nwithin the scope of this special arrangement and are destined for \nthe other 11 Member States, of 1 million ECU, the firm falls within \nthe scope of the special arrangement; Member States must define the \npractical procedures for the implementation of this criterion. 16 \n\nTaxation mechanism for mail-order sales \n\nSupplies covered by the special arrangements for mail-order sales \nare deemed to take place in the country to which the goods are \ndispatched or transported. The tax is paid in that country, within \nthe conditions laid down in Article 21(1) (a) of the Sixth \nDirective, where appropriate through the intermediary of a tax \nrepresentative. Traders will continue to exercise their right to deduct input tax \nin the Member State in which they are established in accordance \nwith Article 17(3)(a) of the Sixth Directive as regards \ntransactions which they carry out in another Member State provided \nthose transactions, if carried out within the territory of the \ncountry, would have conferred the right to deduct input tax there. Point (b) \n\nThis point lists the transactions that fall within the scope of the \ngeneral transitional arrangements. The proposed provisions lay \ndown the system of exemptions to be applied in the country of \ndeparture to supplies of goods and to supplies of services directly \nlinked to such goods. Nature of the exemption mechanism \n\nPursuant to the combined provisions of Articles 5 and 8(1)(a) of \nthe Sixth Directive a seller makes a supply which is situated in \nthe country of departure and which is therefore taxable there. In \norder to tax the acquisition of the goods dispatched or transported \n\n\f17 \n\nto the Member State of destination it is essential that the supply \nmade by the seller in the country of departure is exempt. Failing \nthis, double taxation would arise. Supplies referred to under (b) \nare for this reason treated as supplies under Article 15 of the \nSixth Directive which qualify for exemption upon export. It should \nbe underlined that this exemption does not preclude the exercise of \nthe right of deduction of the seller or of the supplier of services \nunder Article 17(3)(b) of the Sixth Directive, given that the right \nto deduction is maintained for transactions exempt under \nArticle 15. Definition of transactions exempt in the country of departure of \nthe goods \n\n1. Status of the trader carrying out the exempt transaction \n\nThe exemption will apply only if the supply of the goods or the \nrelated services is effected by a taxable person, whether \nentitled to deduct tax in full or in part. Small and medium-sized businesses, all of whose transactions are \nexempt within a Member State pursuant to the exemption from tax \nlaid down in Article 24 of the Sixth Directive (as well as by \nthe proposal for a Twenty-Second VAT Directive) are excluded \nfrom the arrangements for taxation in the country of \ndestination. Similarly intra-Community supplies made by them \nwill benefit from the Article 24 exemption and will not give \nrise to any acquisition transaction in the country of \ndestination. Supplies by flat-rate farmers are dealt with under \nthe same principles. 18 \n\n2. Nature of transactions and status of person by whom goods are \n\nacquired \n\n(a) The supplies of private vehicles qualifying for exemption \nin the country of departure are those carried out by a \ntaxable person whose activity is purchasing and selling \nvehicles other than used vehicles covered by Article 32 of \nthe 6th VAT Directive(9) : it should be remembered that used \ncars sold by taxable resellers of used goods have been \ndirectly excluded from the scope of the transitional \narrangements since the latter apply without prejudice to the \nprovisions of Article 32 which lays down the Community \narrangements applicable to used goods: \n* Private vehicles supplied under the transitional \narrangements must, therefore, form part of the seller's \nstock in trade. * The scope of the concept of private vehicles used here \ncorresponds to that given by Article 2 of Directive \n83/182/EE\u00c7; it therefore includes motorcycles. Commercial \nvehicles*10) however are excluded from the special \narrangements for destination taxation. (y) This concerns the new proposal for a directive regarding \nspecial arrangements to apply to used goods, works of art, \nantiques and collectors items (COM(88) 846 final). (10)Commercial vehicle within the meaning of Directive 83/182/EEC \n\nmeans: \nany road vehicle which by its design or equipment, is suitable \nfor and intended transporting, whether for payment or not: \n- more than nine persons, including the driver; \n- goods, \nas well as any road vehicle for special use other than \ntransport as such \n\n\f19 \n\n* Private vehicles supplied by a taxable user other than the \ntaxable person mentioned above will also be exempt if they \nsatisfy the conditions laid down under the general \ntransitional arrangements: these vehicles are, in fact, \ncapital goods the supply of which will be exempt in the \ncountry of departure and the acquisition of which by a \ntaxable person (or a person ranking as such) will be taxed \nin the country of destination (this is necessary in order \nto avoid a situation in which the taxable person by whom \nthey are acquired would have to seek a deduction for VAT \npaid in the country of departure). (b) Generally speaking, the exemption in the country of \ndeparture covers supplies, other than those identified \nabove, where they are made to an eligible trader, that is to \nsay, where the person by whom goods are acquired is: \n* either a fully or partially taxable person, irrespective \n\nof the amount of acquisitions made by him; \n\nthe \n\n* or an institutional non-taxable person or a fully exempt \ntaxable person whose purchases exceed \n35 000 ecus \n(70 000 ecus from 1 January 1995) during the calendar year \nwas \nunder \nwhen \nmade. Nevertheless, since such persons who do not fulfil \nthis condition may opt for taxation of their acquisitions \nin the country of destination, the seller may claim \nexemption for his supplies in the country of departure if \nthe person by whom the goods are acquired has exercised \nthe option available to him. consideration \n\nsupply \n\n(c) In conformity with the general principles of the common VAT \nsystem, supplies of services directly linked to supplies of \n\n\f20 \n\ngoods which are exempt under the transitional arrangements \nare themselves exempt in the country in which they are \nterritorially located under this proposal. The services \nconcerned here are mainly transport of goods services and \nancillary services as well as services of intermediaries \nacting in the name and on behalf of another. This provision \naims at applying the same tax arrangements to services as \nthat applied to the supplies to which they relate thus \npreserving the neutrality of the tax arrangements for intra-\nCommunity trade. For the record, it is recalled that the COM(87) 322 proposal \ndefined a new territoriality for transport services by \nproviding for the taxation of the totality of intra-\nCommunity transport services in the country of departure of \nthe transport only. The transitional arrangements modify \nthe application of this new rule to the extent that they \nreintroduce exemption for transport services directly linked \nto a supply of goods for export as defined in point 5(b). However, in the case of passenger transport the tax \ntreatment of such supplies in relation to journeys \nundertaken within the Community will be the subject of \nspecific provisions on the basis of a Commission proposal to \nbe made before 31 December 1991. By way of conclusion, it should be pointed out that, in all \nthe situations covered at (b) , the exemption applies \nirrespective of the place of establishment of the person by \nwhom goods are acquired provided the latter are transported \nto a country other than the country of departure by the \n\n\f21 \n\nseller or for his account. However, if the transport \noperation is carried out by the person by whom the goods are \nacquired or for his account, the exemption applies only on \nthe express condition that the person by whom goods are \nacquired \nin the country of \ndeparture. Subject to the provisions at (i), the exemption \nprovided for at (b) is restricted to supplies made by the \nlast seller in the country of departure. is not established \n\nPoint (c) \n\nThe tax provisions in the country of destination are developed in \n(c). The proposed provisions define the acquisition transaction \nand the procedures for taxing such transactions. They are, \ntherefore, the consequence of the provisions laid down at (b) and \nneed to be looked at in conjunction with the latter. Definition of \"acquisition\" transactions taxable in the country of \ndestination \n\n(a) By analogy with supplies exempt in the country of departure \nunder the provisions of (b), the matching acquisitions are \nliable to tax in the country to which the goods are transported \nor dispatched. The acquisition transaction is, therefore, \ndefined as \"the process of acquiring the right to dispose of \ntangible property as owner\": it thus exactly mirrors in the \ncountry of destination the supply transaction carried out in \nthe country of departure, this being defined as \"the process of \ntransferring the right to dispose of tangible property as \nowner\". These two transactions, which are located in two \ndifferent countries for VAT purposes, are based on the \n\n\f22 \n\noccurrence of one and the same legal event which finds \npractical embodiment in the drawing-up of a supply-acquisition \ncontract. The point should be made that the acquisition transaction may \ninvolve only goods that are transported or dispatched to \nanother Member State, regardless of the conditions under which \nsuch transport takes place and, in particular, regardless of \nthe conditions governing payment of the transport costs (by the \nseller or for his account, by the person by whom the goods are \nacquired or for his account). (b) To the extent that differences in the scope of the right to \ndeduct continue to exist, it has appeared necessary to make the \nappropriation of certain property taxable in the country of \ndestination by assimilating such transactions with acquisitions \nmade for consideration. Similar considerations apply to the \ntransfer of property between two Member States by a fully \nexempt taxable person or by a non-taxable person within the \nmeaning of Article 4(5). In both cases, the question concerns \nthe preservation of the neutrality of VAT whether it be applied \nto domestic transactions or within the framework of intra-\nCommunity relations: in consequence, it is intended to tax in \nthe country of destination goods which otherwise would have \nbeen consumed there without the VAT applicable being \ncharged. Naturally, the Member State of destination is obliged \nto take account of VAT which may have been charged on the goods \nin the Member State of departure so as to avoid possible double \ntaxation. 23 \n\nPlace at which an acquisition transaction takes place \n\nIn order to ensure that taxation takes place in the country of \ndestination, an acquisition transaction from a territorial \nviewpoint, is situated at the place where the goods that have been \ntransported or dispatched are situated. Chargeable event and chargeability of VAT in respect of acquisition \ntransactions \n\nIn this context, chargeable event and chargeability coincide and \noccur at the time the acquisition transaction is carried out. Accordingly, a supply transaction exempt under (b) and the matching \nacquisition transaction under (c) are transactions which are each \ncharacterized by their own chargeable event and chargeability but \nwhich, nevertheless, are located at the same moment in time since \nthe legal conditions necessary for tax to become chargeable are \nidentical for both transactions. Point (d) \n\nGiven the nature of the acquisition transaction, its taxable amount \ncan only be the taxable amount for the matching supply transaction \nin the country of departure and, as such, it is based on the \nconcept of consideration defined in Article 11(A)(1) and (2). For \nthe record, point 4 of this proposal defines the rate of exchange \napplicable to those elements of the taxable amount drawn up in a \ncurrency other than that of the country of taxation. In particular \nthis provision applies to the taxable amount for acquisition \ntransactions. An additional provision has been introduced to cover \n\n\f24 \n\nthose cases in which acquisition has given rise to a transport \noperation carried out by the person by whom the goods are acquired \nor for his account and to ancillary services the costs of which are \nborne by the person by whom the goods are acquired and not by the \nseller. In such cases, the value of the services incidental to the \nacquisition of goods must be included in the taxable amount for \nthat acquisition and hence taxed at the rate and under the \nconditions obtaining in the country to which the goods are \ntransported. It is to be noted that this provision has to be taken \ntogether with the exemption in the country of departure for the \nsupply of services directly linked to supplies exempt under (b). If the costs of those same supplies are borne by the seller, their \nvalue will form an integral part of the consideration sought by the \nseller from the person by whom the goods are acquired and will, as \na result, be automatically included in the taxable amount for the \nacquisition transaction. In conformity with the objective of \napplying taxation in the country of destination, the rate of VAT \napplicable to the acquisition transaction will be the same as that \napplied within the territory of the country of destination to a \nsupply of the same goods. Point (e) \n\nThe person liable for the tax payable under the special \narrangements for mail-order sales is, in accordance with the \npresent provisions of Article 21(1)(a), the taxable person not \nestablished in the Member State of taxation or possibly his tax \nrepresentative or some other person. Where tax is payable in respect of an acquisition transaction, the \nperson by whom the goods are acquired is the person liable to pay \nthe tax and he must comply with the obligations relating to \ndeclaration. 25 \n\nIf the person by whom the goods are acquired is not established in \nthe country where the acquisition transaction is taxable, it is \nspecifically laid down that a fiscal representative of the person \nby whom the goods are acquired may be designated as the person \nliable to pay the tax. The person liable to pay tax is required to comply with the \nobligations relating to declaration and payment in respect of \nacquisition transactions on the regular return normally used by him \nto account for and pay the tax for which he is liable on domestic \ntransactions as a taxable person. As a result, tax payable on an \nacquisition transaction is treated in exactly the same way as tax \npayable on a domestic supply transaction. If the person liable is \nnot a taxable person or if he has been released from the \nobligations relating to declaration which were incumbent upon him \nas a taxable person under the arrangements applicable to domestic \ntransactions, it will be for the Member States to define what \nobligations relating to declaration, settlement and payment are \nincumbent on him (inter alia a requirement to declare and pay the \ntax at the time a vehicle acquired by a private individual is \nregistered). Point (f) \n\nSince Article 17(2)(a) of the Sixth Directive as amended by \ndocument COM(87) 322 will take effect only on expiry of the \ntransitional period (cf. point (j)), this provision reintroduces \nfor the duration of that period the rules on territoriality laid \ndown in the Sixth Directive for a range of intangible services. It will not be possible during the transitional period to provide \nfor a right to deduct input tax payable or paid in another Member \nState. 26 \n\nPoint(g) \n\nProvisions which at present allow the right to opt for taxation in \nrespect of banking and financial activities exempt under \nArticle l3(B)(d) of the Sixth Directive, have been reintroduced \nunder this point for the duration of the transitional arrangements. Point (h) \n\nThis provision exempts the acquisition of goods the supply or \nimportation of which would have been exempted in the country of \ndestination. It thus covers acquisitions of goods the supply of which for \ndomestic transactions would in any event be exempt, in particular \nby the provisions of Article 13 of the Sixth Directive on \nexemptions on domestic transactions. This also covers acquisitions of goods which if imported (from \nthird countries) would have been exempt under the provisions of \nArticle 14(1)(d) and (g) of the Sixth Directive. Moreover the provisions of Article 15(4) to (9) of the Sixth \nDirective will be examined later particulalrly in the context of \npossible changes to the proposal for a directive on ships stores \npresented by the Commission on 21 January 1980C11). Point (i) \n\nIn view of the creation of the acquisition transaction, this point \ntakes over the provisions of Article 16(2) of the Sixth Directive \n\n(ii)proposal COM(79)794 final, O. J. E. C. No C 31 of 8. 2. 1980, \n\npage 10 \n\n\f27 \n\nso as to give traders who make export supplies the possibility of \nbenefitting from an exemption from tax in cases where they are the \nconsignee for import transactions, acquisitions, supplies and \nservices linked to their export supplies to other Member States or \nto third countries. Point (j) \n\nUnder this provision, the person by whom goods are acquired may \ndeduct VAT payable or paid on goods that have been the subject of \nan acquisition transaction. This right to deduct input tax is \nsubject to the same conditions as the right to deduct VAT payable \nor paid on goods that have been supplied. It should, therefore, be \nnoted that this right to deduct input tax may in principle be \nexercised as soon as the person by whom goods are acquired becomes \nliable for the tax payable on the acquisition transaction. Naturally, acquisition transactions will not be taken into \nconsideration in determining the deductible proportion for \npartially taxable persons since they are not as such a component of \nturnover. It has also been necessary to include a special measure to ensure \nthat, in a given Member State during the transitional period, a \nright to deduct VAT payable or paid in another Member State is not \ngranted. Point (k) \n\nIn the interests of setting out all the obligations to be complied \nwith during the transitional period by persons liable to pay the \ntax, the text of Article 22 of the Sixth Directive has been \nreproduced in its entirety. However, only some of its provisions \n\n\f28 \n\nhave been amended; these are commented on below: \n\nFirst paragraph of Article 22(3)(a): The obligation to issue an \ninvoice, which already covers any supply made to another taxable \nperson, is extended to supplies made to a non-taxable person within \nthe meaning of Article 4(5). This obligation applies irrespective \nof the country in which the person by whom the goods are acquired \nis established and thus supplements the text of Article 22(2) of \nthe Sixth Directive as regards the supporting documents to be \nprovided in respect of intra-Community transactions where both the \nsupply and acquisition of goods are concerned; \n\nSecond paragraph of Article 22(3)(b): In the case of supplies of \ngoods covered by the transitional tax arrangements for intra-\nCommunity trade in the country of destination, the invoice must \ngive the VAT numbers of the two traders concerned. This provision \nmakes it possible to enter on the invoice one of the factors \nessential in determining the tax treatment to be applied and, as \nsuch, is a necessary item of information for implementing \nadministrative cooperation and mutual assistance procedures; \n\nSecond and third paragraphs of Article 22(4): The proposed \nprovisions define the obligation to declare the amount of intra-\nCommunity supplies of goods by indicating separately from the total \namount of transactions the amount of goods sent to other Member \nStates and the amount of acquisitions received from other Member \nStates. This obligation applies only to transactions involving \ntangible movable goods and, as a result, excludes transactions \ninvolving services not linked to a supply of goods; \n\n\f29 \n\nArticle 22(9): The obligation to issue an invoice in respect of \ngoods supplied to persons in other Member States is not covered by \nthe possibilities for easing the burden of obligations on persons \nliable to pay the tax since the invoice is important for \nidentification purposes and for checking that the transactions in \nquestion have been afforded the proper tax treatment; \n\nArticle 22(10): The exemption in the country of departure for \nsupplies of goods referred to in the second indent at (b) is \nconditional on the VAT status of the person by whom the goods are \nacquired. In order to ensure that the seller possesses the \nnecessary information to apply that exemption, the person to whom \nthe goods are supplied must be able to produce a statement from the \ncompetent tax administration certifying his VAT status. As such a \nstatement can be issued only at the request of the person by whom \nthe goods are acquired, the latter must necessarily submit a new \nrequest in the event of any change in his VAT status. 30 \n\nProposal for an \n\nAmendment to the proposal for a \n\nCOUNCIL DIRECTIVE _ \n\nSUPPLEMENTING THE COMMON SYSTEM OF VAT \nAND AMENDING DIRECTIVE 77/388/EEC \n\nTHE COMMISSION AMENDS ITS PROPOSAL0) AS\"FOLLOWS: \n\n1. The following shall be inserted between the second and third \n\nrecitals: \n\n\" \" \n\n\"Whereas nevertheless the full and definitive abolition of fiscal \nfrontiers presupposes the fulfilment of conditions which cannot \nbe satisfied before 31 December 1992; \n\nWhereas accordingly, a clearly defined transitional period must \nbe provided for during which transitional provisions designed to \nfacilitate passage to the definitive taxation arrangements and to \nensure the irreversibility of the process leading to the complete \nabolition of fiscal frontiers, must be implemented;\" \n\n2. Article 2 is replaced by the following provisions:. _. \". Article 2 \n\nArticle 28 of Directive 77/388/EEC is hereby replaced by the \nfollowing: \n\nArticle 28 \nNotwithstanding the other provisions of this Directive and \nwithout prejudice to Article 32, the following provisions, shall \napply until 31 December 1996 at the latest: \n\n(1)0J No C 252, 22. 9. 1987, p. 2. 31 \n\n(a) Where goods supplied to a non-taxable person or to a taxable \nperson whose activity is fully exempt, who does not qualify \nfor the arrangements provided for in the second indent of point \n(b), are dispatched or transported they shall be deemed to be \nsupplied at the place where they are at the time they reach \nthe person by whom the goods are acquired, provided that the \nfollowing conditions are simultaneously met: \n- the supplies comprise goods other than private vehicles \nthat have been dispatched or transported to another Member \nState ; \n\n- the supplies are effected within the context of mail-order \nselling. \"Mail-order selling\" means a specialized economic \nactivity involving goods selected from a catalogue and sold \non a retail basis. \"Catalogue\" means any offer to the \npublic made using any medium whatsoever which is reproduced \nin bulk and which lists the articles for sale in such a way \nthat the following three criteria are met: \n-the contract ', is concluded on the basis of a trader's \nconsumer has a proper opportunity of \n\ncatalogue which the \nreading in the absence of the trader, \n\n\f32 \n\nr there is intended to be continuity of contact between the \nconsumer in relation to that or any \n\ntrader and the \nsubsequent transaction, \n\n- both the catalogue and the contract clearly inform the \nconsumer of his right to return goods to the trader within \na period of not \nless than seven days of receipt or \notherwise to cancel the contract within that period without \nobligation of any kind other than to take reasonable care \nof the goods : \n\n- the annual turnover exclusive of value-added tax generated \nby the seller in connection with mail-order selling to \nMember States other than that from which the goods are \ndispatched or transported exceeds the equivalent in \nnational currency of ECU 1 million at the conversion rate \nruling on the day on which this Directive is \nadopted. Member States shall grant to taxable persons not \nsatisfying this condition the right to opt for the present \narrangements governing mail-order sales. The option shall \napply for two calendar years; \n\n(b) Under conditions which they shall lay down for the purpose of \nensuring the correct and straightforward application of the \nexemptions provided for below and of preventing any evasion, \navoidance or abuse, Member States shall, by analogy with the \ntransactions referred to in Article 15, exempt the following \nwhere they are effected by taxable persons other than those \nqualifying for the exemption from tax referred to in \nArticle 24 or for the flat-rate arrangements referred to in \nArticle 25: \n- supplies of private vehicles forming part of the seller's \nstock in trade and dispatched or transported to another \nMember State by the seller or for his account or by a \nperson not established within the territory of the country \nby whom the goods are acquired or for his account; \n\n\f33 \n\nsupplies other than those referred to in (a) to a taxable \nperson or to a non-taxable person within the meaning of \nArticle 4(5) of goods other than private vehicles as \nreferred to in the first indent which are dispatched or \ntransported to a taxable person or a non-taxable person \nwithin the meaning of Article 4 (5) in another Member State \nby the seller or for his account or by a person not \nestablished within the territory of the country by whom the \ngoods are acquired or for his account. However, where the person by whom the goods are acquired is \na taxable person whose activity is fully exempt or a non \ntaxable person within the meaning of Article 4(5), this \nprovision shall apply only from the moment during the \ncalendar year when the total amount of corresponding \npurchases exclusive of value-added tax exceeds the \nequivalent value in national currency of ECU 35 000 at the \nconversion rate ruling on the day this Directive is \nadopted. This amount shall be increased to ECU 70 000 with \neffect from 1 January 1995, at the conversion rate applicable \non that date. The threshold for purchases which applies \nfor the purposes of these provisions consists of the amount \nof purchases exclusive of value-added tax which have been \ndispatched or transported from a Member State other than \nthe Member State of arrival of the goods, with the \nexception of: \n\n- purchases of private vehicles the supply of which is \n\ncovered by the provisions of the first indent \n\n- purchases of goods the supply of which is covered by the \n\nprovisions of point (a) \n\n- purchases of goods the supply of which is effected by a \ntaxable person who benefits from the exemption regime of \nArticle 24. 34 \n\nThis provision shall also apply where the respective \nceilings of ECU 35 000 and ECU 70 000 have not been \nexceeded, provided that the person to whom the goods are \nsupplied has exercised this option. The option shall be \nvalid for two calendar years; \n\n- supplies of services, including transport and incidental \ntransactions but excluding supplies of services exempt \nunder Article 13, where they are directly linked to \ntransactions referred to in this point (b); \n\n- supplies of services made by intermediaries acting for and \non behalf of others where they intervene in transactions \nreferred to in the first, second and third indents of this point (b); \n\n(c) VAT shall be charged on acquisitions for consideration of \ngoods the supply of which by taxable persons is governed by \nthe provisions set out in the first and second indents of point \n(b). \"Acquisition of goods\" means \nprocess of \nacquiring the right to dispose of tangible property as \nowner. The place where an acquisition is made shall be \ndeemed to be the place where the goods dispatched or \ntransported are at the time they reach the person by whom \nthey are acquired. The chargeable event shall occur and the \ntax shall become chargeable when the acquisition is made. the \n\n\f35 \n\nThe following shall be treated as an acquisition of goods for \nconsideration: \n- the acquisition by a taxable person whose activity is fully \nexempt or by a non-taxable person within the meaning of \nArticle 4(5), for the purposes of his activity in the \nMember State of destination, of goods transferred from the \nMember State of departure of the goods. The Member State of \narrival of the goods shall take the measures necessary to \navoid any double taxation; \n\n- the acquisition by a taxable person, for the purposes of \nhis activity in the Member State of destination, of goods \nnot eligible for a deduction of input tax in full or in \npart where those goods have been transferred from the \nMember State of departure of the goods. The Member State of \narrival of the goods shall take the measures necessary to \navoid any double taxation; \n\nBy derogation from Article 8(1)(a) where the place of \ndeparture of the consignment or transport of goods is in a \nMember State other than the country of acquisition of those \ngoods, the place of the supply by the person by whom the \ngoods are acquired and the place of any subsequent supplies \nshall be deemed to be in the country of acquisition of the goods; \n\n(d) The taxable amount of the acquisition shall be the same as \nthat which would be applicable within the territory of the \ncountry to the supply of the same goods in accordance with \nArticle 11(A)(1) and (2) and (C). To the extent that they \nhave not already been included, the taxable amount of the \nacquisition shall include expenses incidental to the \n\n\f36 \n\nacquisition such as commission, packaging, transport and \ninsurance costs charged up to the point within the territory \nof the country at which the goods dispatched or transported \narrive. As regards the transfer of goods referred to in the second \nindent of point (c), the taxable amount shall be determined in \naccordance with Article 11(A)(1)(b). The rate of tax applicable to the acquisition of a good shall \nbe that applied to the supply of the same good within the \nterritory of the country; \n\n(e) In the case referred to in point (a), the tax shall be payable in \n\naccordance with Article 21(1)(a). In the cases referred in point (c), the. person by whom the goods \nare acquired shall declare the acquisition and shall pay the \ntax. Where the taxable transaction is carried out by a \nperson by whom the goods are acquired who is established \nabroad, Member States may take measures providing for the tax \nto be payable by another person - in particular a fiscal \nrepresentative may be designated for these purposes. Where the person liable to pay the tax is a non-taxable \nperson or a taxable person released from the obligation to \nmake a tax return, Member States shall take the measures \nnecessary to ensure that he complies with the obligations set \nout in point (k). To that end, provision may be made for the \nsimplification of those obligations and for an annual return; \n\n(f) The place where services specified in Article 9(2)(e) are \nsupplied when performed for customers established outside the \n\n\f37 \n\nCommunity or for taxable persons established in the Community \nbut not in the same country as the supplier shall be the \nplace where the customer has established his business or has \na fixed establishment to which the service is supplied or, in \nthe absence of such a place, the place where he has his \npermanent address or usually resides; \n\n(g) Member States may grant taxable persons the right to opt for \ntaxation of the transactions referred to in Article 13(B)(d); \n\n(h) Member States shall exempt the acquisition of goods the \nsupply of which would in all circumstances be exempted within \nthe country. They shall also exempt the acquisition of goods \nthe importation of which would in all circumstances be \nexempted pursuant to Article 14(1)(d) and (g); \n\n(i) Subject to the consultation provided for in Article 29, \nMember States may opt to exempt acquisition by, imports for, \nand supplies of goods to a taxable person intending to export \nthem to another Member State or to a third country as they \nare or after processing, as well as supplies of, services \nlinked with his exporting business, up to a maximum equal to \nthe value of his exports during the preceding twelve months; \n\n(j) The provisions governing deductions shall also apply to VAT \n\npayable or paid on the acquisitions referred to in point (c). 38 \n\nHowever, the tax payable or paid in a Member State by a \ntaxable person: \n- in respect of goods supplied or to be supplied to him by a \n\n- in respect of goods which have been imported or have been \n\ntaxable person; \n\nsubject to an acquisition; \n\nhim by a taxable person; \n\n- and in respect of services supplied or to be supplied to \n\nshall not qualify for deduction in another Member \nState. With regard to taxable persons who are established in \nthe territory of the Community, the right to refund shall be \ndetermined pursuant to Directive 79/1072/EEC during the \ntransitional period; \n\n(k) By way of derogation from the provisions of Article 22 the following shall apply: \n\n1. Every taxable person shall state when his activity as a \n\ntaxable person commences, changes or ceases. 2. Every taxable person shall keep accounts in sufficient \ndetail to permit application of value added tax and \ninspection by the tax authority. 3. (a) Every taxable person shall issue an invoice, or \nother document serving as an invoice, in respect of \nall goods and services supplied by him to another \ntaxable person or to a non-taxable person within the \nmeaning of Article 4(5) and shall keep a copy \nthereof. This obligation shall apply, irrespective \nof whether the persons referred to in this paragraph \nare taxable persons or non-taxable persons as \n\n\f39 \n\ndefined in Article 4(5) within the territory of the \ncountry or in another Member State. Every taxable person shall likewise issue an invoice \nin respect of payments on account made to him by \nanother taxable person before the supply of goods or \nservices is effected or completed. (b) The invoice shall state clearly the price exclusive \nof tax and the corresponding tax at each rate as \nwell as any exemptions. The invoice shall also state in respect of \ntransactions referred to in point (b) of this Article 28 the VAT \nregistration number of the taxable person supplying \nthe goods and that of the person by whom they are \nacquired. (c) The Member States shall determine the criteria for \nconsidering whether a document serves as an invoice. Every taxable person shall submit a return within an \ninterval to be determined by each Member State. This \ninterval may not exceed two months following the end of \neach tax period. The tax period may be fixed by Member \nStates as a month, two months or a quarter. However, \nMember States may fix different periods provided that \nthese do not exceed a year. 40 \n\nThe return must set out all the information needed to \ncalculate the tax that has become chargeable and the \ndeductions to be made, as well as, where appropriate, \nthe total amount of supplies referred to:in point (b) of, this Article \n28, the total amount of acquisitions referred to in point (c) ot^chis Article 28 and, in \nso far as it seems necessary for the establishment of \nthe basis of assessment, the total amount of the \ntransactions relative to such tax and deductions, and \nthe total amount of the exempted supplies. 5. Every taxable person shall pay the net amount of value \nadded tax when submitting the return. The Member States \nmay, however, fix a different date for the payment of \nthe amount or may demand an interim payment. 6. Member States may require a taxable person to submit a \nstatement \nin \nparagraph 4 and concerning all transactions carried out \nthe preceding year. This statement shall also provide all \nthe information necessary for any adjustments. information \n\nspecified \n\nincluding \n\nthe \n\n7. Member States shall take the necessary measures to \nensure that those persons who, in accordance with \nArticle 21(1)(a) and (b), are considered to be liable to \npay tax instead of a taxable person established in \nanother country and who are jointly and severally liable \nfor the payment comply with the obligations relating \nto the submission of a return and payment. 41 \n\n8. Without prejudice to the provisions to be adopted \npursuant to Article 17(4), Member States may, subject to \nrespecting equality of treatment between domestic and \nintra-Community transactions, impose other obligations \nwhich they deem necessary for the correct levying and \ncollection of the tax and for the prevention of fraud. 9. With the exception of the obligation to issue invoices \nin respect of supplies specified in point (b), Member \nStates may release taxable persons: \n- from certain other obligations; \n- from all other obligations where those taxable persons \n\ncarry out only exempt transactions; \n\n- from the payment of the tax due where the amount is \n\ninsignificant. for the \n\narrangements \nrequests, \n\n10. Where a taxable person or a non-taxable person within \nthe meaning of Article 4(5) or a taxable person \ndown \nqualifying \nin \nArticles 24 and 25 \ncompetent \nauthorities in the Member State in which he is \nestablished shall issue to him a statement certifying \nhis VAT status provided the person making the request \nfulfils the conditions defined in the second indent of point \n(b). However, where the seller already possesses such a \nstatement, the person by whom the goods are acquired \nshall not be obliged to provide a new statement during \nthe calendar year for which the statement was \n\nlaid \nthe \n\nso \n\n\f42 \n\nissued. That statement shall be in conformity with the \nspecimen certificate set out in the Annex hereto. If a statement certifying his VAT status has already \nbeen issued to him, the taxable person or the non \ntaxable person within the meaning of Article 4(5) shall \nsubmit a new request in the event of any change in his \nVAT status. \" \n\n3. Article 3 is replaced by the following provisions : \n\n\"Article 3 \n\n1. The following Council Directives shall cease to have effect \n\non 31 December 1992: \nDirective 83/183/EEC \nDirective 74/651/EEC \n\n2. The following Council Directives shall cease to have effect \non 31 December 1992 in so far as intra-Community relations \nare concerned: \nDirective 69/169/EEC \nDirective 83/181/EEC \nDirective 85/362/EEC \n\n3. The following Council Directives shall cease to have effect \n\non 31 December 1996: \nDirective 79/1072/EEC \nDirective 83/182/EEC. \" \n\n4. A new Article 4b shall be inserted : \n\n\"Article 4b \n\nArticle 11(C)(2) of Directive 77/388/EEC shall be replaced by \n\n\f43 \n\nthe following provisions : \n\n(2) Where elements determining the taxable amount are expressed in a \ncurrency other than that of the Member State where evaluation is \ncarried out, the rate of exchange applicable shall be the last \nrate of sale registered on the most representative exchange \nmarket or markets of the Member State concerned at the time the \ntax becomes payable according to procedures fixed by Member \nStates. \" \n\nDone at Brussels, \n\n\" \n\nFor the Council \n\n\f44 \n\nANNEX \n\nCERTIFICATE OF VAT STATUS \n\n(Name and address of competent authority) \n\ncertifies that \n\n(Surnames and forenames or name of firm) \n\n(nature of activity) \n\n(Address of the establishment) \n\nis recognised for VAT purposes under the registration number \nas an operator entitled to receive supplies of goods \n\nexempted from value-added tax by virtue of the application of \nArticle 2 of Directive COM(87) 322 as amended by Directive COM (90) \n182. Date \n\nOfficial \nStamp \n\n(1) If the applicant does not have a VAT registration number, the \ncompetent authority shall state the reason for this. (Signature, name and grade) \n\n\f\f45 \n\nCOMPLIANCE BURDENS ON FIRMS AND AFTER 1992 \nDUE TO VAT AND STATISTICAL RETURNS \n\nIMPACT ASSESSMENT \n\nPresent situation: \n\nVAT \n\nCurrent customs based import/export procedures require that \ngoods consignments must stop at customs posts when crossing \nborders. In addition the goods have to be declared to the \nauthorities and cleared through Customs either at the border or \nGoods consignments are declared to the customs \nelsewhere. authorities using the Single Administrative Document (SAD). At present up to 50 boxes approximately on the (SAD) may have to \nbe completed in respect of each individual consignment, in trade \nbetween Member States I1). Additionally a further five boxes \nmust be completed by the administrative authorities. No precise figures are available for the number of SAD's issued \nin any one year. However a reasonable estimate is that between \n50 to +/- 60 millions SAD's are used in purely intra-Community \ntrade each year. This figure would not include other \nconsignments, such as third-country goods transiting the \nCommunity. Taxable traders who use the SAD for import and export \ntransactions also have to complete periodic VAT returns in the \nusual manner. Statistics \n\nThe SAD is also used as the basis for the collection of \nstatistics on trade between Member States. Situation from 1993 onwards \n\nUnder the Commission's proposal, the obligations imposed on \nCommunity firms will be considerably reduced: \n\n^ All these boxes may not necessarily be completed by the same \n\nfirm. 46 \n\nVAT \n\nNo SAD will be required in most intra-Community trade. There will be no stops or controls at borders by customs. Custfom clearance formalities will also be dispensed with. For traders subject to VAT, the only obligations relating to \nintra-Community trade will be: \n\n- an inclusion in their normal periodic VAT-returns of two \nglobal (import and export) figures for their trade with other \nMember States. - the inclusion of the VAT-number of seller and purchaser on the \n\ninvoice documenting the transaction. - obtaining a declaration from the domestic VAT-authorities, \nthat they are subject to VAT. This documentation shall be \ngiven to the seller in the other country as a precondition for \nthe zero-rating of exports. Once completed, however, these requirements would involve no \nfurther compliance burden transaction-by-transaction. The only \nother documentary requirement will be to keep the normal common \nrecords and documents which firms are required to keep in any \ncase. Small enterprises(2) VAT exempt can chose between two options: \n\n- they simply buy in other Member States at the rate of VAT \napplicable in those other Member States (rate of VAT in \ncountry of origin), implying absolutely no subsequent \nrelations with VAT-authorities in any countries, subject to an \nannual purchases threshold of 35. 000 ecus*3', above which they \nmust use the following option; \n\n- they can choose to buy VAT-free, but pay subsequently the \ndomestic rate of VAT on the purchase. This presupposes a \nregistration with the VAT-authorities, so that they can prove \ntheir status to the seller. The same regime applies to traders which are exempt from VAT by \nreason of the type of activity they carry on (banks, insurance, \nsome public institutions etc. ). (*) The Commission has a proposal before the Council which will \nharmonise the VAT exempt thresholds, which at present vary \nbetween Member States, to an obligatory level of 10. 000 ecus \nper annum and an optional level of 35. 000 ecus throughout \nthe Community. *3' This threshold will be raised to 70. 000 ecus with effect \n\nfrom 1 January 1995 \n\n\f47 \n\nStatistics \n\nAs the SAD document disappears a new system is introduced for \nthe collection of trade statistics between Member States \nimplying the following burdens: \n\nSmall enterprises which are VAT exempt are completely exempted \nfrom the supply of any statistics on trade between Member \nStates. - The great majority of other firms will only be required to \ncomplete two extra boxes (value of intra-Community imports and \nexports) on their periodic VAT returns, which would serve both \nVAT and statistical purposes. - Only the largest firms (about 20% of VAT registered firms) \nwill in addition be required to complete an INTRASTAT monthly \ndeclaration for statistical purposes on which seven compulsory \nand three optional data items are to be indicated. The situation after 1992 \n\nWhen the regime change towards the taxation in the country of \norigin as the general principle, requirements relating to the \ndocumentation of the status of the buyer will in general \ndisappear. ISSN 0254-1475 \n\nCOM(90) 182 final \n\nDOCUMENTS \n\nEN \n\n09 \n\nCatalogue number : CB-CO-90-214-EN-C \nISBN 92-77-60280. 5 \n\nPRICE \n\n1 - 30 pages: 3J50 ECU \n\nper additional 10 pages: 1. 25 ECU \n\nOffice for Official Publications of the European Communities \n\nL-2985 Luxembourg"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/d9b35d94-a062-4db7-b44c-2770f983ae65", "title": "94/897/EEC: Council Decision of 18 June 1990 on the conclusion of an Agreement in the form of an exchange of letters between the European Economic Community and Barbados, Belize, The People's Republic of the Congo, Fiji, the Cooperative Republic of Guyana, the Republic of C\u00f4te d' Ivoire, Jamaica, the Republic of Kenya, the Democratic Republic of Madagascar, the Republic of Malawi, Mauritius, Saint Christopher and Nevis, the Republic of Suriname, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda and the Republic of Zimbabwe on the guaranteed prices for cane sugar for the 1988/89 delivery period", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1990-06-18", "subjects": "ACP countries,agreement (EU),cane sugar,guaranteed price,protocol on sugar", "workIds": "celex:31994D0897,oj:JOL_1994_355_R_0001_014", "eurovoc_concepts": ["ACP countries", "agreement (EU)", "cane sugar", "guaranteed price", "protocol on sugar"], "url": "http://publications.europa.eu/resource/cellar/d9b35d94-a062-4db7-b44c-2770f983ae65", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/c3e2c00c-e51a-47e8-8b51-8062ad51276c", "title": "PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE APPLICATION OF ARTICLE 85 ( 3 ) OF THE TREATY TO CERTAIN CATEGORIES OF AGREEMENTS, DECISIONS AND CONCERTED PRACTICES BETWEEN SHIPPING COMPANIES", "langIdentifier": "ENG", "mtypes": "pdf,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1990-06-18", "subjects": "competition,maritime law,maritime transport,price agreement,restrictive trade practice", "workIds": "celex:51990PC0260,oj:JOC_1990_167_R_0009_01", "eurovoc_concepts": ["competition", "maritime law", "maritime transport", "price agreement", "restrictive trade practice"], "url": "http://publications.europa.eu/resource/cellar/c3e2c00c-e51a-47e8-8b51-8062ad51276c", "lang": "eng", "formats": ["pdf", "pdfa1b", "print"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nC0MC90) 260 final \n\nBrussels, 18 June 1990 \n\nCOMMUNICATION BY THE COMMISSION \n\nReport on the possibility of a group \n\nexemption for consortia agreements in liner shipping \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\non the application of Article 85(3) of the Treaty \n\nto certain categories of agreements, decisions and \n\nconcerted practices between shipping companies \n\n(presented by the Commission) \n\n\f- 1 -\n\nCommunication by the. Commission \n\nReport on t he possibility of a g r o up exemption \n\nfor consortia agreements in liner shipping \n\n1. Introduction \n\n1. 1. In December 1986, at t he time of t he adoption of Regulation \n\nno. 4956/86, the Commission undertook to submit within o ne y e a r, a \n\nreport to t he Council on whether to provide f or block exemptions \n\nfor consortia, and to m a ke proposals to that tffect if \n\nnecessary \n\n(1 > \n\n1. 2. As explained in the interim reports made to the Transport Working \n\n(2) \n\n(3) \n\nGroup on 7 January \n\nand 29 November 1988 \n\n, the Commission was \n\nunable despite its repeated efforts to complete its work within one \n\nyear because the industry did not make available to it a sufficient \n\nnumber of consortia agreements to constitute a satisfactory basis \nfor analysis. This was finally done in stages up to September 1989. 2. pa\u00e7kflrouno: \n\n2. 1. T he Commission is aware of present and prospective developments and \n\norganisational changes in world shipping a nd t he implications which \n\nthese m ay have for t he Community's shipping a nd competition \n\npolicies. ( 1) S ee Council D o c. N o. 11584/86 MAR 84 of 19 December 1986 Annex III \n\n( 2) See doc. N o. 4130/88 MAR 3 of 11. 1. 1988 \n\n} S ee doc. No 10048/88 MAR 38 of 13. 12. 1988 \n\n\f- 2 -\n\nCompetition in the liner shipping industry has created the need for \n\ncompanies to be efficient in order to compete on the world market. The shipping industry is a capital intensive one, with a high \n\nproportion of fixed to variable costs. Ships therefore need to be \n\nas fully utilised as possible if the capital costs are to be \n\ncovered. Individual enterprises acting alone without having strong \n\nfinancial resources are in a vulnerable position if heavy \n\novercapacity shows itself on their particular trade routes. 2. 2. The development of container services has increased pressures for \n\nco-operation and rationalisation, especially on the longer deep sea \n\ntrade routes. Because of the large amounts of cargo which can be \n\nhandled daily from a containership, operators have been able to use \n\nbigger ships without increasing, and indeed even reducing, port \n\ntime. However, since the amount of cargo available remains much the \n\nsame, fewer of the larger ships are needed to serve a particular \n\ntrade. Community shipowners have difficulty to operate with \n\ncontainer ships of the size needed to obtain the available \n\neconomies scale and thus minimise costs, whilst maintaining a \n\nsatisfactory frequency of service. 2. 3. Other related pressures towards closer association between \n\noperators on containerised trade routes were that: \n\n- the establishment of a container service necessitated an initial \n\ncapital investment greater than that required to replace tonnage \n\non conventional services. Individual lines therefore hesitated to \n\nmake this investment on their own account; \n\n- container ships were less free to transfer from one trade to \n\nanother because many were designed for a particular trade route; \n\nin addition many ports did not have the equipment and \n\ninfrastructure to handle container ships (a problem which still \n\nexists in some developing countries) \n\n2. 4. These pressures for cooperation led individual shipping lines to \n\nenter into joint fleet operations usually described as consortia. 3. Analysis of consortia agreements \n\n- 3 -\n\n3. 1. The Comit\u00e9 des Associations d'Armateurs des Communaut\u00e9s Europ\u00e9ennes \n\n(CAACE) has provided the Commission with a list of consortia \n\nserving Europe showing the conference, the consortium and its \n\nmembers and indicating the scope of clauses included. A copy of the \n\nlist is attached as Annex I. The Commission has also received copies of the 23 consortia \n\nagreements listed in Annex II. The Commission has been asked to \n\ntreat the details of these agreements as confidential. 3. 2. The examination of the agreements in the possession of the \n\nCommission and of such information as has been given by CAACE and \n\nby others has permitted the following findings: \n\n(i) There are approximately 57 consortia operating worldwide, at \n\nleast 48 of which operate in Community liner trades. The \n\nnumber of consortia in particular trade, their organisation \n\nand membership, and the scope and terms of the consortia \n\nagreements all vary. <ii) The variety and complexity of the different arrangements is \n\nconsiderable. Almost the only common factor is that they are \n\ncoalitions of several independent shipping lines seeking some \n\nform of co-operation in order to maintain profitability \n\nthrough rationalisation in the widest sense and to spread the \n\nexpense of investment in container operations. Each could, in \n\nprinciple, be considered sui generis. However, a number of \n\nspecific arrangements seem to be common to most consortia. / \n/ \n\n- 4 -\n\n(ii\u00ee) Joint, fleet. operations \n\na) Joint schedule: 37 consortia \n\nb) Space/slot exchange: 37 \n\nc) Equipment pool: 28 (in some cases optional or only amongst \n\nsome members of the consortium) \n\nd) Joint operational office: 38 \n\n<iv) Terminals \n\na) Joint terminal operation: 37 (in some cases only optional) \n\nb) Joint terminal contracts: 37 (in some cases optional or \n\nnegotiated jointly but concluded separately) \n\n(v) PQQlinff \n\na) Cargo pool: \n\nb) Revenue pool: \n\nc) Net result pool: \n\n28 \n\n28 \n\n27 \n\n(vi) Conference riKhts \n\n5 consortia hold single voting rights in conferences in which \n\nthey participate. 4 consortia whilst not having formal voting rights in \n\nconferences do nevertheless act in that way. - 5 -\n\n(vii) Marketinn \n\na) Joint marketing: 18 \n\n(some limited by regions) \n\nb) Joint bill of lading: 22 \n\n(viii)joint price fiMina \n\n7 consortia have pricing fixing authority. CAACE has indicated that in some cases the consortium would \n\nhave the authority to fix prices but that the \"no\" in the \n\ndescriptive list means that it does not do so in practice. In \n\nsome other trades the consortium operates either outside the \n\nconference or on routes where there is no conference. <ix> Inland operatipna \n\na) Joint consolidation: 18 (some are optional or limited by \n\nregions) \n\nb) Joint haulage: 16 (some are optional or limited by \n\nregions) \n\n<*> Dur\u00e2t ion/terminatio,n \n\nClauses concerning duration and termination of consortia \n\nagreements are not included in CAACE's list. Of the 23 \n\nagreements examined by the Commission: \n\na) Indefinite duration until cancellation/termination: 11 \n\nb) Limited duration or without prolongation clause: 18 (2 \n\nagreements do not contain clear provisions) \n\n\f- 6 -\n\nc) Cancellation/termination \n\n36 months notice: 1 Agreement \n\n24 months notice: 2 \n\n12 months notice: 6 \n\n6 months notice: 8 \n\nSpecific rules: 4 \n\nd) Without cancellation/termination clause: 1 \n\n(xi) Purposes/objectives of consortia agreements \n\nThis aspect has not been dealt with by CAACE's descriptive \n\nlist. In the 23 agreements the following clauses ore typical: \n\n\"The purpose of the Agreement is to establish a joint \n\nservice/consortium capable of securing the economies and \n\nadvantages of modern shipping technology through coordinated \n\nmanagement of roll-on/roll-off. , container or similar modern \n\nvessels, and all related activities\". \"To enable the parties to operate a service as defined in the \n\nagreement in the most economical and efficient way; to \n\npromote and maximize the trade and the movement of cargoes \n\nbetween the points and ports referred to\". \"The purpose of this Agreement is to authorize the parties to \n\ncontinue their joint service in the trades covered by this \n\nAgreement\". \"The purpose of this Agreement is to enable the parties \n\ncollectively to establish and maintain a superior overfull \n\ncommon carrier shipping service, and thereby to promote to \n\noceanborne commerce, in the trade between \". and. \". 7 -\n\n\"The purpose of the Agreement is to allow the partners hereto \n\nto operate as an ocean common carrier by direct call or \n\nintermodal through service under the name. as provided \n\nherein\". \"The purpose of the Agreement is to permit the parties to \n\nachieve efficiencies and economics in offering services in \n\nthe trades covered by the Agreement\". \"To cooperate in the operation of a joint container service \n\nbetween. and the. - including the inland movement of \n\ncontainers - for the purpose of achieving optimal economic \n\nresults through operation of container vessels and sharing \n\nthe outcome through money pool upon the terms and conditions \n\nset forth in the agreement\". 3. 3. Multiple membership \n\na) According to the information available there are 47 European \n\nshipping lines participating in 35 consortia serving European \n\ntrades. (In the remaining 5 consortia serving European trades \n\nthere seem to be no European shipping lines participating). Some of these shipping lines are members of more than one \n\nconsortium : \n\nCGM \n\nNedlloyd \n\nHapag Lloyd \n\nP&OCL \n\nCMB \n\nSwedish Transocean \n\nIncotrans \n\nparticipates in 13 consortia \n\n\" \n\n\" \n\n\" \n\n\" \n\n\" \n\n\" \n\n12 \n\n11 \n\n7 \n\n6 \n\n5 \n\n4 \n\n\f- 8 -\n\n5 lines each participate in 3 consortia \n\n7 lines each participate in 2 consortia \n\nCunard \nEAC \nCharente Harrisson \nE Herman \n\nLloyd Triestino \n\nUilh. Wilhelmsen \n\nFinncarriers \n\nHoegh \n\nJohnson \n\nWallenius \n\nDAL \n\nDelmas-Vieljeux \n\nb) Shipping lines which are members of a consortium are in many \n\ncases also member of a conference. Some conferences have, \n\namong their members, the participants in more than one \n\nconsortium. For instance, as shown in Annex III, \n\n- the members of the consortia CAROL, EURO-Caribe, S. A. C. and \n\nStreamline are all members of the Association of West India \n\nTransatlantic Steamship Lines, the WITASS Conference; \n\n- the members of the consortia OMEX, Scan Dutch, TRIO, ACE and \n\nMed Club are members of the Far Eastern Freight Conference; \n\nIt should be noted that there are also other situations in \n\nEuropean liner shipping trades. Two examples might be cited: \n\nThe Europe/Australia & New Zealand Conference used to have \n\nparticipants in four consortia among its members (ANZECS, \n\nACT(A)ANL, Scancarriers and Scanbarber). Scancarriers was taken \n\nover by one of its members and Scanbarber as well as ACT(A)ANL \n\nwere disbanded, so that this Conference is now almost (except \n\nfor Baltic Shipping Company) identical with the ANZECS \n\nconsortium. As a second example, the UK West Africa Lines Joint \n\nService (UKWAL) is a consortium which is also a conference. 4. Views of shipowners and shippers \n\n- 9 -\n\n4. 1. CAACE and CENSA have argued, in various submissions to the \n\nCommission, that Community shipping lines need to participate in \n\nconsortia in order \"not to be put at a disadvantage compared with \n\ntheir competitors, the single entity, multi-trade giants\". In their \n\nview consortia are either excepted, as technical agreements, under \n\nArticle 2 of Regulation No 4856/86, or are covered by the block \n\nexemption in Article 3 of the same regulation. For cases not so \n\ncovered there should be a group exemption. These views were not \n\nshared by the Union of Greek shipowners who argued that the \n\nCommission should only grant individual exemptions, where \n\nappropriate. 4. 2. The British Shippers' Council his informed th\u00e9 Commission that, in \n\nits view, consortia are covered neither by Article 2 nor by \n\nArticle 3 of Regulation No 4056/86 and that a new block exemption \n\nwould be inappropriate. Individual exemptions should be granted \n\nonly with special conditions and obligations. The European \n\nShippers' Councils hold similar views, arguing that consortia \n\nshould apply for individual exemption and that conditions and \n\nobligations, including an obligation to meaningful consultations \n\nwith shippers, should be attached. 5- The Legal Status of Consortia \n\nThe examination of the texts of consortia agreements which have been \n\nmade available and of other information available to the Commission \n\nservices has led to the following main conclusions: \n\ns. i. Consortia are not mergers \n\nThe information available suggests that consortia could not be \n\nregarded as mergers between the parties, for several reasons: \n\na) All available agreements contain provisions to terminate the \n\nagreement with different periods of notice. - 18 -\n\nb) There is no evidence which suggests that any of the parties to \n\nthese agreements or to other agreements described by CAACE \n\neither transferred all its assets or activities to the \n\nconsortium, so as to become mere holding companies, or \n\ncompletely and irreversibly abandoned business in the area \n\ncovered by the consortium. On the contrary, the parties to consortia agreements remain free \n\nto act independently on other routes, to join consortia \n\ninvolving other parties for other routes or to join consortia \n\nfor other routes involving the same or almost the same parties, \n\nbut on different terms. The findings on multiple membership \n\nindicate that this is the case for many shipping lines. 5. 2. Consortia are not purely technical arrangements \n\nThe information available suggests that there are few if any \n\nconsortia agreements whose sole object and effect are to achieve \n\ntechnical improvements or cooperation in the sense of Article 2 of \n\nRegulation No. 4056/86. All but two of the 23 agreements examined contain arrangements not \n\nonly on joint fleet and terminal operations but also on pooling \n\nand/or conference rights, pricing, marketing or inland operations. One of the two exceptions concerns a Slot Charter Agreement \n\ncontaining arrangements on joint schedule and space/Pint exchange \n\nand arrangements on capacity restrictions for one of the parties \n\nregarding certain European ports. The other case concerns an \n\nagreement containing arrangements on joint fleet and terminal \n\noperations. However, it also provides for cost sharing arrangements \n\nfor ships, administration and equipment. In addition it provides \n\nthat conference trading rights may only be exercised by agreement \n\nof the consortium policy committee and that the parties, without \n\nhaving joint marketing, \"may combine their interests\". In all these cases the consortium's sole object and effect are not \n\npurely technical. - 11 -\n\nThere are, according to CAACE's descriptive list, some other \n\nconsortia agreements limited to arrangements on joint fleet and \n\nterminal operations. However, these agreements cannot be regarded \n\nas purely technical since for instance one agreement also contains, \n\ninter alia, the parties' agreement to avoid unreasonable or unfair \n\nsales and marketing competition amongst themselves through a common \n\nfreight policy. Such agreements restrict competition and cannot be \n\nconsidered as having exclusively technical objects and effects. Finally, the parties to consortia agreements regulate the use of \n\ntheir vessel capacities in given trade routes and are actual or \n\npotential competitors. For all these reasons consortia cannot, other than perhaps in very \n\nexceptional cases, be considered as falling within the scope of \n\nArticle 2 of Council Regulation 4056/86. 5. 3. consortia are not covered by the conference black exemption \n\na) Conferences are arrangements which exist essentially to ensure \n\nthat their members charge the same rates of freight. Some \n\nconferences also agree members' participation in a particular \n\ntrade (which is defined either as sailing rights, ie the right \n\nto berth x number of sailings per annum from one area to another \n\nor as percentage shares in the trade) or even 'pool' either \n\nearnings or liftings (freight tons) or both: the intention \n\ngenerally being to equate 'share' with earnings and liftings. Consortia are pursuing different objectives and are different in \n\norganisation. The size of container ships (say 3 to 6 \n\nconventional ships = 1 container ship) means that most single \n\nshipping companies are no longer capable of providing, on their \n\nown a satisfactory liner service to shippers. To be viable, a \n\nshipping service must provide a frequent, say weekly, service to \n\nits customers. Rationalisation of schedules is, therefore, a \n\nsine qua non of liner shipping with each participating line \n\nbeing allocated slots for each sailing. This is not the role of \n\nconferences. - 12 -\n\nShipowners agree that consortia are different from conferences. b) (consortia agreements, restrict or eliminate competition \n\nbetween the parties in some or all of the following areas: \n\n- the provision and use of capacity and transport facilities \n\n- timings and sailings \n\n- marketing \n\n- inland operations \n\n- their policies as conference members and \n\n- price competition (which is eliminated either by conference \n\nmembership, or by arrangements in the consortium agreements \n\nwhich are to that extent equivalent to a conference \n\nagreement, or by some combination of the two). A considerable number of consortia agreements thus contain \n\nrestrictive arrangements which go beyond the scope of Article \n\n3 of Council Regulation No 4056/86 and would therefore not be \n\ncovered by the block exemption. for conferences, even if they \n\ncould be considered as conference agreements. This is the \n\ncase for most of the 23 agreements available to the \n\nCommission and it would also be the case for the majority of \n\nthe other agreements mentioned in CAACE's list. c) Consortia are increasingly concerned with combined sea/land \n\ndoor-to-door transport. Multilateral agreements on combined \n\nsea/land transport are not covered by the conference block \n\nexemption, which applies only to the maritime sector. 5. 4. It follows that consortia agreements which restrict competition and \n\naffect trade between Member States must, if they are not to be \n\nconsidered null and void in accordance with Article 85(2) of the \n\nTreaty, be covered either by an individual or by a block exemption. In view of the number of consortia agreements and the need for \n\nshipowners to retain the flexibility necessary to change their \n\nagreements in response to changing competitive circumstances, it is \n\n\f- 13 -\n\ndesirable for administrative reasons to give a group exemption as \n\nfar as possible. Accordingly the Commission has examined the scope \n\nfor granting such a group exemption. 6. Proposal for a block exemption \n\n6. 1. Justification \n\nThe Community shipping industry needs to attain the necessary \n\neconomies of scale to compete on the world liner shipping market. Consortia can help to provide the necessary means for improving the \n\nproductivity of liner shipping services and promoting technical and \n\neconomic progress by facilitating and encouraging the use of \n\ncontainers. Users of the shipping services offered by consortia obtain several \n\nimportant advantages. First, they are ensured regular sailings at \n\nprices which do not depend on which ships are used for their \n\ncontainers. Second, economies of sca. le in the use of ships and \n\non-shore facilities are achieved. Third, since consortia tend to \n\nbring about higher levels of capacity utilisation, costs are \n\nreduced for this reason also. Fourth, consortia increase the \n\nquality of shipping services by using more modern ships and \n\nequipment as well as port facilities. Last, but not least, through \n\nprovision of joint inland services they are responding to many \n\nshippers' requirements for efficient door-to-door transport. Thus, users can obtain a share of the benefits resulting from the \n\nimprovement in productivity and service. However, any group \n\nexemption must give a sufficient guarantee that consortia are able \n\nto realise their advantages to the fullest extent and that users \n\nget a fair share of the resulting rationalisation and reduction in \n\ncosts. In order, therefore, to ensure that all the requirements of Article \n\n85(3) are met it would be necessary, inter alia, to attach to the \n\nblock exemption certain conditions and/or obligations to ensure \n\n\f- 14 -\n\nthat a fair share of the benefits would be passed on to shippers \n\nand that competition in respect of a substantial part of the trades \n\nin question was not eliminated. 6. 2. Form \n\nA group exemption for consortia would need to be an independent, \n\nself-contained regulation, rather than an amendment or addition to \n\nany existing regulation, because \n\n- there is a great variety of different consortia arrangements \n\noperating under different circumstances; \n\n- consortia are a specialized form of joint ventures. Despite of \n\nthe efforts of the Commission's services and the interested \n\nindustries, it has proved impossible to draft a block exemption \n\nfor joint ventures in general; \n\n- many consortia deal with multi-modal transport operations which \n\nfall partly within the scope of Regulation No 4056/86 and partly \n\nunder Regulation No 1017/68 and, insofar as containers are \n\nconcerned, partly under Regulation No 17/62; \n\nConsortia in liner shipping are a specialised and complex type of \n\njoint venture. Unlike most commercial and industrial joint ventures \n\nthe scope, parties, activities and terms of consortia agreements \n\nare frequently altered. It would therefore, as well as for other \n\nreasons discussed above, be extremely difficult to decide which \n\nspecific clauses and arrangements of consortia agreements should be \n\npermitted, and in what circumstances. It would also be undesirable \n\nto proceed in this way because it would often make legal advice \n\nnecessary, and perhaps individual exemption by the Commission each \n\ntime the terms of a consortium agreement are altered. A block \n\nexemption for consortia should therefore concentrate on clarifying \n\nthe requirements under which consortia can be exempted from the \n\nprohibition of cartels pursuant Article 85(3) of the Treaty, rather \n\nthan differentiating between consortia. - 15 -\n\n6. 3. gcope and content of the block exemption \n\nThe block exemption would cover multi-modal as well as purely \n\nmaritime consortia and would therefore be adopted on the basis of \n\nRegulation No 4856/86, No 1017/68 and No 17/62. The group exemption should cover as wide a variety as possible of \n\nthe kinds of clauses which are found in consortia agreements. Since cooperation through consortia is a specific form of \n\nrationalisation cartels which goes further than conferences \n\nthe Commission would need to attach some additional requirements to \n\nthe block exemption. In fixing these requirements, e. g. certain \n\nconditions and/or obligations, the Commission must have regard not \n\nonly to the interests of the shipping lines but also to those of \n\nshippers and of other transport modes who may compete with the land \n\ntransport operations of members of consortia (for instance, road \n\nhauliers in respect of multi-modal consortia). The details of these requirements can only be fixed after further \n\nconsultations with parties concerned and with Member States in the \n\nAdvisory Committee on Restrictive Practices and Dominant Positions. Nevertheless, as a preliminary statement, the Commission considers \n\nthat it would be necessary, in particular, in order to make sure \n\nthat the conditions of Article 85(3) are fulfilled : \n\n(i) to ensure that a fair share of the efficiency and other \n\nbenefits from consortia could be passed on to shippers; \n\n(ii> to ensure that competition in respect of a substantial \n\nportion of the whole trade is not eliminated or unduly \n\nrestricted, for instance by agreements between consortia \n\noperating in the same trade; \n\n(iii) to provide a maximum period of notice for withdrawal without \n\npenalty by a participant line; \n\n\f\u2022 - 16 -\n\n(iv) to deal, in the case of multi-modal transport services \n\noffered by consortia, with multilateral agreements with \n\ninland hauliers on through rates; \n\n(v) to ensure non-discrimination between shippers or ports. In addition, there would need to be obligations relating, inter \n\nalia, to meaningful consultations with shippers, and rights for \n\nshippers to arrange their own inland haulage, if they wish. The group exemption for consortia will take account, among other \n\nthings, of the fact that almost all members of consortia are also \n\nmembers of conferences governed by Regulation 4056; the \n\nrequirements of the group exemption will deal with the additional \n\nlimitations of competition brought about by consortia. 6. 4. The Commission considers that it would be desirable to grant a \n\ngroup exemption for consortia agreements. The Commission has \n\nthereby prepared the attached proposal (Annex IV) for a Council \n\nRegulation which would empower the Commission to grant a block \n\nexemption for consortia on the lines set out above. This enabling \n\nregulation follows the standard lines of such regulations and \n\naccordingly does not call for any specific comments. The Commission intends to clarify the position under competition \n\nlaw of multimodal transport containing a shipping leg \n\nsimultaneously with the group exemption on consortia. CftACt \n\nComit* t\"i\u00ab* A s s o c i a t i o n* d'Armatemre \n\nCommentet\u00e9a Europ\u00e9ennes \n\nA p r il \n\nl \u00bb fO \n\nCeaf \n\nConsortia \n\nVIWC lOTPfg \n\nNon Conference \n\nOS-conference\u00bb \n(for North \nA t l a n t ic and \nGulf) \n\nCanadian \nM. A l t a n t lc \nE4. W Bound \nF r e i g ht Confe \nrences \n\nJohnson \nScanstar \n\nSagumex \n\nBlue Star Line (UK). East \nA s i a t ic C\" (DK) \n\nHapag Lloyd (D). CGM ( p ). GCL (Cunard, UK. Incotrana, \nNL, Swedish Tranaocean, \nWallenius. S) \n\nSt. Lawrence \nCo-ordinated \nS e r v i c es \n\nCanada Mariti\u00bbe - comprising \nCMB (B> fc CP Ships (Can) \nand HL Containerline (UK) \n\nA s s o c i a t i on of \nw. India Trans \na t l a n t ic Steam \nShip Lines \n\nCaribbean \nOverseas \nLines \n(CAROL) \n\nCharente Steamship c* Ltd \n(TfcJ Harrison Nanaqers) \n(UK), Napag-Lloyd (D). Itedlloyd (HL). CGM (F) \n\ntteet maeratl OM J I Tvrmlaalal | \n\n>\u2014Urns \n\n| F&il\u00ab^tttl \n\n>*t. II \n:l>fJ|sps*otl\u2014 \n\nlelmms \n\n- 1-\n\n? \n\n\u2022 ** m. 3 \n\nSt \n\n4* \n\nVi \n\u00ab \n-\u00ab e \n\n\u2022 m \n\u2022* \u00ab \n\n2 \n1. li \u00bb \n\nI* \n\nS \n8 \n\nt \n5 It \n1 \ntS \nIZ ! i \nJUL \n\nI HL \n\n1*1 \n\ntl \n\n2* \n\nS \n\u2022ri \n4\u00bb \n\n12. JJL \n\nJLL 02. yes \n\nyes \n\nyea \n\nyes \n\nyea \n\nyes \n\nyes \n\nyea \n\nno \n\nyea \n\nyea \n\nyea \n\nyea \n\nyea \n\nyes \n\nyes \n\nno \n\nyes \n\nyes \n\nyes \n\nno \n\nno \n\nno \n\nno \n\nno \n\nno. no \n\nno \n\nno \n\nyes \n\ny es \n\nno \n\nyea \n\nyes \n\nyes \n(D) \n\nno \n\nno \n\nno \n\nno \n\nno \n\nno \n\nno \n\nno \n\nno \n\nyea \n\nyea \n\nyes \n\nyea \n\nyea yea \n\nno \n\nyes \n\nno \n\nno \n\nyea \n\nyea \n\nno \ny es \nfor \nRee \nf er \n\nA s s o c i a t i on of \nw. India Trans \na t l a n t ic \ntteasi \nShip Lines \nrwiTASS) \n\nSAC \n\nllapag-Lloyd (D). Nicaragua n a t i o n al Line \n\nyes \n\nyes \n\nyea \n\nno \n\nyes \n\nyea \n\nyea \n\nyea \n\nyea \n\nno \n\nyea \n\nyea \n\n\u00abA\u00bb \n\nin some c a s e s, the consortium would have the a u t h o r i ty to p r i c e - f ix but the \"no\" r e f l e c ts t h at \n\nit does not do s o. (B) N e g o t i a t ed and agreed j o i n t l y, and indent ici\u00bb), but not \n\nite f a ct \" j o i nt c o n t r a c t a \". (F. ) \n\nIn s o s* t r a d e e. t he consortium r>p*rstes e i t h er \n\no u t s i de the conference or on routes where ther-\u00ef \n\nir. no c o n f e r e n c e. Tn nurli c a s es t he consortium Is engaged \n\nin j o i nt p r i e* fi'-*. ^i. i \n\njr. m \n\n\fCAACE \n\n- 2-\n\nffc) I\u00abi mmmm C M M, tlw c<MUN>rtl\u00abm MWM \u00ab\u2022\u00ab\u2022 ttw Mttmrlty to p r l e \u00ab - t l\u00ab tot t to \u2022 \u2022 \u2022\u2022 r\u00abCl\u00abct\u00ab t t ot it \u00abOM Mt \u00ab\u2022 \u2022 \u00bb. CAMS \n\n- 3-\n\n-\" * * ** * \u2022 \u2022 \u2022 \u2022\u2022 \n\nth* cessattt\u2014 \u00bbaaM to*t eto \u2022wtha^ty to pv>c\u00ab. ffN tot t to \"nrn\" r\u00bbft\u00abcta t>>\u00abt it \u00ab M\u00bb w t * > \u00bb. <p> ttasu. is toth t to eofteartiaai ana t to raMcr***?*. to * t t t * r. tt an#\u00bb\u00abjee In }\u00ab\u00bb\u00ab\u2022* f u I c a - f l \u00ab t n *. \u2022wtaMe t to esafaramra av \ntotals* \n\nt to esafere*ca a* an roataa *\u00bbhi\u00bbra \u00bbHin t\u00bb ne C0\u00bbf>ren?\u00bb. J* awe* cseec, t to eonaertlto 1* anoaeaf \n\nf\u00ab> la tow* trasas, t to ronaorttas <if*r\u00bbt\u00ab* \u00bbl*->\u00abr \n\n|C\u00bb f. l\u00abtt\u00ab\u00ab to fasts**. in )*\u2022\u2022* salee-flals**. CAACE \n\nCenferenee \n\nConaoitla \n\nFleet ape rat lane 11 \u00bb\u201ei. un Pooling \n\nleant \n>lgami \n\nri|Mae*etleaJ pern \n\nlalaae \nrattat \n\nL \n\n\u2022 \n\nt a \n\nF \nc c \n-4 O \no-\u00ab \n\nSt \n\ne i* \n08. x-\u00bb0 \n\nfin \n\u00bb 40 \n*0 v \na \n\n00 u \u00eet \n\n\u00ab-\u2022 v \n\nam\u00bb \n\nI \n\nI \n\n* 1 \n\u202253 \n\u00ab4 C H Soil \n\n\u00a5 VF \n10 \n\nil \n\nm\u00bb. 2UL \nia_ \n\n(A) \n\nm\u00bb \n\nI \nu \n40 4 \u20224 \nil \n\n14 \n\nS3 \n11 \n\nZUL \nJl \n\ntar\u00e9et/BR \nConference. lead \nCentaiaer \nBervleee \n\nBllemaa (BR), Faraeea Nitby (OK), \nSim (la) \n\nyee \n\nyea \n\nyea \n\nyee \n\nno \n\nao \n\nreece - Tttrkey \neeetorence -\nN. Barepe Egypt \nConferi \n\nBear Beet \nContainer \nLine \n\n(D), RNffji (ML) \n\nyea \n\nyee \n\nyea \n\nyes \n\nyee \n\nyss \n\nlerael-Seanilaa-\nvlaa Aaaoclatli \n\nSwedish \nOrient Linee \nIF) \n\nSwedleh Traaaoeeea (S) A \nFlancarriara (rin) \n\nIndian \nlaUad Coofe-\n\nIC \n\nCON |F). Hapag Lloyd fD). BtMP (F), Seal (D). MRU \n\n). SNC (F) \n\nyea \n\nyee \n\nyea \n\nyea \n\nyea \n\nyea \n\n(AI In eana ceaea. the concert lam weald bava tb* authority to price-fin bet tHe 'ao\" reflect* that It doe* not \nIT) am BEC m*ab\u00abca bet eporete te/fran EEC porta. t \n3 \n\na \n\nJlS_ \ne* \nm\u00ea \na \n\nI \n\no \n\n\fCAACE \n\n1 \n\nF l e et o p e r a t i o ns 1 \n\n1 \n\n-r \n\nJ Peeling \n\n1 T o r m l a a 1 e|. I *: \n\na \n-4 \na \n\na \n\u2022 \n40 \nc \n\u00ab4 \na \n1 \n\n40 \n\n2e if \n\ne \u00b0 \nm \u2022 \n23 \n\n40 \ne \n\nI. : \nit \no \nI \n\u2022 \n\nm4 \n\no -\u00ab \n\u00ab r * 4* 4 \n\nl\\ \n\nm4 \n\n2 \n\n\u20224 u \n\n4* \u00ab4 \n40 \n40 a \nC \u00ab4 \n\nof. S \n\nI \nE. m 4\u00bb \n40 a \n\n\u00abe \ne\u00ab \n\nA \n\n9\u00bb \n\nI \n\ne \n9 \nc \ne > \na \n14 B \n\nI \nI \n\nM \na \na 1. c e n f. l \n\n1 \n1 \n\na\nd\nl\ne\nh\n\na\nt\nh\na\nl\nr\n\ne\nn\nl\nt\na\nv\n\ne\nc\nn\ne\nr\ne\nf\nn\no\nc\n\na\ni\nt\nr\ne\na\nn\no\nc\n\n10 \n\n40 \nm-\n9 \nm \na \n\u20224 \n\n40 \na \ne \n9 \n\n1 M a r k e t i n g] \n\nPig \n\n| \n1 \nt a l e ma \nf a a e r a t l o n a] \n\n-5 \n\n\u20224 \n\nr \n40 I \nI \n3 \na \n11 \n\n4\u00ca \u2022 \n\n*\n\ne\nc\ni\nr\np\n\ng\nn\ni\nx\ni\nf\n\nt\nn\ni\no\nj\n\n11 \n\nJ \n4 \n\n40 \n\n40 a \n\n!i \n\n14 \n\n\u2022 \na \nJ! \n4. * \nC \nm* \no \n\nis \n\nn \n\u00ab4 \n\na -* \n\u2022a \n\u2022 \n\n44 \n\ne \u2014 \n\n* \u00bbo U \n\nyee \n\ny ea \n\nno \n\nno \n\ny ee \n\ny ea \n\nyea \n\nno \n\nno \n\nno \n\nno \n\naa \n\nno \n\nae \n\nao \n\nC o n f e r e n ce \n\nC o n c e r t la \n\ntiE\u00caSQ\u00c8I\u00cekJE\u00caPtlWB EoeofR \n\nMeabere \n\nF ar t e at F r \u00e8 t e nt \nC o n f e r e n ce \n\nACS \n\nBOL (Sieg),00CL (MR). Korea \nShippine Corp. Tans Shippine \n\n( S. K. e. ). Cbo \n( S. K. o. ) \n\nE n t e n te da F r et \ndee L l g a ae da \nN a v i g a t i on \nS e r v a nt Papaeta \n\nBank a, \nColoabaa \n\nSank L l ae (OK), Coleabaa L l aa \n(D) \n\nyes \n\ny ee \n\ny ee \n\nno \n\ny ea \n\ny ea \n\nyee \n\ny ee \n\ny ee \n\nao \n\ny ea \n\nyee \n\nno \n\nyea \n\n(C) \n\n( E) \n\ny ea \n\n( CI \n\nl a m a a e e l ea \nC o n f e r e a ce \n\n(F) \n\nI n d o n e s ia \nM a t. L i n es \nD j a e e e e t rl \n\nI \nD j a k a r ta Lloyd \n] \no a a o rl L l e yi \n| \nT r l k o rs Lloyd \nSaaedera ladoneele) \n\n, \n, ,, \nt m >) \n\n\u00bb \n\n? \n\n7 \n\n7 \n\nt \n\nT \n\n\u00bb \n\n7 \n\nt \n\nT \n\n\u00bb \n\nF \n\n\u00bb \n\n\u00bb \n\nT \n\nF ar C a e t e ra \nF r a i e nt C o n f e \nr e n ce \n-\nFE) \n\n( I t a ly \n\nNFECS \n(Hedcleb) \n\nRCHP ( F ), L l o yd T r i e s t i no \nMOL ( J ), NYK \n( T a i w a n, Hong K o n g, S i n g a p o r e. S o u th K o r e a) \n\n( J ), OMEX \n\n( I ), \n\ny es \n\ny es \n\ny ei \n\ny e* \n\ny ea \n\ny ea \n\ny es \n\ny on \n\ny ee \n\nno \n\nno \n\ny es \n\nno \n\nno \n\nno \n\n1AI \nta) \n\nla sane eaaee. the L sneer I la* woal\u00abJ bsv* the aatborlty to price-fix bat the \"ao* reflect* \u00ab*\u2022* It doee not da \ntraeee, the ro*eortl\u00abe operatee either ovicide the conference or on roetee where there ie no conferee \nla \nia engaged in joint prlce-f ixlntj. (r) ne rcc aeabere bet operate to/bom EEC parte. (C) Limited by regtene. In each eaaee. the coneortli \n\n \n \n \n \n \n \n \n \n \n\fCAACE \n\n1 \n\nF l e et e p e r a t l a ne 1 \n\n[ \u00ab e r m l a e l e fj \n\nFooling \n\nC o n f e r e n ce \n\nCoaanrtla \n\nReamers \n\n40 \n\n1 \na *** \n4 \nm \na \n4* \nt \n-4 \na 1 \n\n\u2022 \u2022 \n2 \n\ntemeneelo \nBarepe F r e i g ht \nConference \n\nW999C9/9\u00ca\u00ca \nXaeoneele \nS e r v i ce \n\nMadlleyd (ML), SAC (OR). Swedleh Traneacaaa ( 5 ). Wllh. Wlhelaeen (M) \n\nyee \n\nyea \n\ni \n\n04 \n\nI \n\n40 \ne \n\n-4 \n\nI \ni 3 \n\ny ee \n\n\u20224) \n\n40 \n\nt \n\u00ab4 u 4*\u00ab* \ntz \n\u2022J \n!*\u2022 \n\n_} \n\nto \u00ab. \u00cfS \nO \n\nm\u00bb \n\ntt \n\u20224 O \n\u2022 \"\u00ce \nV*40 \n4 \n\nyea \n\nw4 \n\n\u2022 \u00ab4 \n40 U \n\nI \n~4 e. *t \nSi \n\n4 \n\n\u2014 \nI \nt \n\n\u20224 \ne \na \n1 \n\n#4 \n\nI \n\ne \n9 \nc \n: \ne \n44 B \n\nyee \n\nyea \n\nyea \n\nyee \n\nno \n\n- b-\n\np\u00eel;J \n\n1 \n1 \nl a l a ne \n| o a e r et l o n e] \n\n| M a r k e t i ng J \n\n1 \ntel \nr \nI \n\ns\nd\nl\no\nh\n\n\u2014\n\ne\nt\nh\ne\nl\nr\n\ne\nn\ni\nt\no\nv\n\nt\n i\nt\nr\no\nt\nn\no\nc\n\ne\nc\nn\ne\nr\ne\nf\nn\no\nc\nIO \n\n40 \n0* \n9 \nm \ne \nM \n00 \ne \ne \n9 \n\n-4 \n40 \n\nS \n\n4\u00bb \n\n1 \n\n40 \n\nS \n11 \n0 \ny ee \n\n(A) \n\ne \nV \nto \n\n13 \n\ne \n\u00ab4 \n\nm \u2014 \nm \n\u2022! \u2022 a-* \n\u00ab4 \u00b0* \n~0 12 \n\nt \n\nm\u00bb \n40 \n\n4 \n\nII \n\n14 \n\n\u2022 \nm\u00bb \n9 \n\n2 \n\u00aby \nc \nart e ** \n1* \n\ny ee \n\nne \n\ny ee \n\ny ea \n\nF ar S a n t e ra \nF r e i g ht Confe \nr e n ce \n\nOman IF) \n\nCbe Tang Shippiag ( f. Kor) \" \nBOL (Sing). OOCL (NK) \n\n7 \n\n? \n\n\u00bb \n\n7 \n\n7 \n\n7 \n\n\u00bb \n\nT \n\n7 \n\nT \n\n7 \n\n7 \n\nT \n\nT \n\n7 \n\nF or S a n t e ra \nF r e i g ht Confe \nr e n ce \n\ntcanbvtck \n\nOSN ( F ). Beat A s i a t ic Ce. fBR) \nNedlioyd (ML), Swedleh Traaeeceaa \nI S ), \u00ab l i b. wilbalmaaa (B) \n\nyee \n\ny ee \n\ny ee \n\nyee \n\nyee \n\ny ee \n\nf*c \n\nyea \n\nyea \n\nno \n\ny ee \n\nyee \n\nne \n\ny ee \n\nyea \n\ng \n\nP er S a e t em \nF r e i g ht Confe \nr e n ce \n\nT r io \n\nemesjpe/ \nn e e t r o l la s> \nN. B. c o n f e \nr e n ce \n\nPfcOCL (OR) Ben L i ne \nNapae-Lloyd \nN i t a al OSK (J) \n\n(B), BTR ( J ), \n\n(UK), * \n\nyea \n\ny ee \n\nao \n\nyea \n\nyee \n\ny ee \n\n! \u2022\u00bb \n\nyee \n\n\u2022! \n\nCON ( F ). Bapag-Llovd (B), \nLloyd Trieatlna (X), Bedlloyd \n(PLOCL (OK), SCNZ (H2) \n\nyee \n\ny ee \n\ny ee \n(0) \n\n\u00ab\u2022\u00bb \n\ny ea \n\ny ee \n\nyee \n\nyee \n\nyen \n(CI \n\n? \u2022\u2022 \n\n\u2022\u00bb. y ee \n(C) \n\ny ee \n(Cl \n\nyea \nw i ly \nf or \n\u2022 e e-\n\n(AI \nin \n(FI \u00aba SEC \n\neeeee. tba convection would have the authority ta prlce-f I* bet the \n\n~ ire bat operate te/fron SEC porte, \n\n(o) fteong eone manbara. \u00bb\" r e f l e e te that It deea not de a e. (C) Limited by regieae. CAACE \n\n-7-\n\n(A) In soste eases, the consortia*) would have the authority to price-fix last the \"no\" reflects that It doss not so. (ft) Negotiated and agreed jointly, and identical, but not in fact \"Joint contracts\". CAACE \n\ne \n\nCemfetmece \n\nessentia \n\nMeamera \n\n| \n\ne \nw4 \ni \n09 e \u2022 \n\n40 \nG \n\u00ab4 \n\ne 1 \n\n-1 \n\n0\u00bb \n\nI \nft \n40 \ne \nI \nI! 2 \n\u00ab4 I 3 \n\n1 \n\u20144 Si \n38 \n\n40-04 \n40 \n\ns \n\na \nti \n\n-4 a \n4\"\u00bb 4\u00bb 4 \n\n04) \n\n1 \nf. a 00 \n\u20220 e m \n\u00ce\u00cf \ns \n*-e \n\n40 \u00ab4 \n\n04 I \nt m \n\n40 \n1 \n\n0m \n\n\u00ab4 \n\nIM \ny \nf \nI \n00 i \n1 \n1 \nto \n3 \n4* \nS \ne^ \nH \n\u00bb \n\nsix \nMi \n\nIO \n\n40 \n04 \n\n- 7 a-\n\n\u2022 \n\nInlnnd \naparatlaee \n\n- ii \n\nIA| \n\ne \n\n04 2! \n\n4 \u00bb! \n\ne \n\nb \n\n1 \n\n\u00ab4 \n44 \n\n4 \n\n-4 \nof \n\n12 \n\n11. 11 \n\nI \nm \nm\u00bb \n9 \n\n4J s o \n\nT-\nIS. Fleet operetli \n\n[ Terminale] \n\n1 \n\nPeeling \n\nMarket tag || \n\nNEUSARA/ \nUSAMERA \n\nSago \n\nACL, CGN, (F), Hapag-Lloyd \n(D) \n\nyea \n\nyea \n\nno \n\nyea \n\nyea \n\nyea \n\nno \n\nno \n\nno \n\nno \n\nno \n\nno \n\nno \n\nno \n\n4-4 \n\nI \ni \n\n\u2022 \n\u2022 \nto \nno \n\nNorth Ear. North Am. Space char \nter and \naalling \nagreement \n\nVesael \naharing \nagreement \n\nTeasel \nsharing \nagreement \n\nSEUSA/ \nMMRA \n\nCON (F), Rapng-Lloyd (D). Incotrana (N), PfcOCL (UK). Medlloyd (N), Sea land \n(US) \n\nyea \n\nyea \n\nno \n\nyea \n\nyea \n\nyea \n\nno \n\nno \n\nno \n\nno \n\nno \n\nno \n\nno \n\nno \n\nno \n\nNedlloyd (N), FtOCL (UK), \nSea land (US) \n\nyes \n\nyea \n\nno \n\nno \n\nyea \n\nyen \n\nno \n\nno \n\nno \n\nno \n\nno \n\nno \n\nno \n\nno \n\nno \n\nNedlloyd (B), PCOCL (UK), \nSealand (US), CTE (E) \n\nyea \n\nyea \n\nno \n\nno \n\nyea \n\nyea \n\nno \n\nno \n\nno \n\nno \n\nno \n\nno \n\nno \n\nno \n\nno \n\nMexico \n\nACL. Tecomar (M) \n\nyea \n\nyea \n\nno \n\nno \n\nyes \n\nyee \n\nno \n\nno \n\nno \n\nno \n\nBO \n\nno \n\nno \n\nno \n\nno \n\n(A) \n\nIn some cases, the consortium would neve the a u t h o r i ty to p r i c e - f ix but the \"no\" re fleet a that it doom not mo. zs. ANNEX II \n\nList of consortia aereement* rocoivd bv tho CcMnmisgion \n\nANZECS \n\nBEACON \n\nCAROL Operating Agreement \n\n(these three agreements submitted by CAACE in 1987) \n\nACL \n\nBean Carriers \nScan Dutch \n\n(these three agreements submitted by their representatives in 1988) \n\nTRIO \n\nNedscans Letter of Intent \n\nJohnson ScanStar \n\nEUROSAL \n\nSwedish Orient Line Agreement \n\nWest Coast UK Arab Service Operating Agreement \n\nStresmlin* Joint Liner Service Agreement \n\nCanada Maritime Slot Charter Agreement \n\nCOSEUA Common Services \n\nS. C. A. D. O. A. - Service Commun d'Armements Desservant l'Ouest Africa: \n\nJoint Container Service Europe - East Coast South America \n\nCOBRA Operating Agreement (covering Phase I) \n\nFed Sec Express Service (former CAMEL Merzario) \n\n<all these agreements submitted by CAACE in 1989) \n\nCAROL Lines Joint Service Agreement \n\nTrans Freight Lines Joint Venture Agreement \n\nPacific Europe Express Joint Service Agreement \n\nItalia - d'Amico Joint Service Agreement \n\n(these four agreements received from the Federal Maritime Commissio \n\nWashington D. C. ) \n\n\f(MULTIPLE MEMBERSHIPS OF LINES/CONSORTIA/CONFERENCES) \n\nFAR EASTERN FREIGHT CONFERENCE \n\nOMEX \n\nSCANOUTCH \n\nTRIO \n\nACE \n\nMEO CLUB \n\nCho Yang Shipping (SKO) CGM (F) \n\nPftOCL (UK) \n\nNedlloyd (ML) \n\nBen Line (UK) \n\nNOL (Sing) \n\nOOCL (UK) \n\n? \n\n(F) \n\nLloyd Triestino (I) \n\nNOL (Sing) \n\nOOCL (H. K. ) \n\nEast Asiatic (DK) \n\nHapag Lloyd (0) \n\nKorea Shipp. Corp. (SKO) \n\nNOL (Sing. ) \n\nWilheUsen (N) \n\nNYK (J) \n\nCho Yang Shipp. (SKO) \n\nNYK (J) \n\nSwedish Transocean (S) Mitsui OSK (J) \n\nKawasaki Kisen Kaisha (J) \n\nOMEX \n\n(Taiwan, Hong Kong, \n\nSingapore, South Korea) \n\nz \n\n'n \n\n\f(MULTIPLE MEMBERSHIP LINES/COMSORTIA/CONFEIcEMCES) \n\nMEUSARA / USANERA \n\nUS/EUROPE RATE AGREEMENTS \n\nACL \n\nPacif. Eurax. Express JS/HL/PEX \n\nSAGUNEX \n\nNEW ? \n\nJohnson Scanstar \n\nSwedish Trans \n\nVatl\u00e8nius \n\nCunard*(tjK) \n\nBlue Star (UK) \n\nEast Asiatic (DIC) \n\nJohnson Line (S) \n\nCTE (\u00ca) \n\n\fCONFERENCE \n\nASSOCIATION OF WEST INDIA TRANSATLANTIC STEAMSHIP LINES \n\nW. l. T. A. S. S. CAROL! \n\nEURO-CARIBE \n\nSAC \n\nSTREAMLINE \n\nCoapagnie \n\nHapag Lloyd \n\nG\u00e9n\u00e9rale Naritiae \n\n(0) \n\n(F) \n\nedlloyd \n\n(NL) \n\nCharente Steanship Co. (UK) \n\nNicaragua \n\nNat. Line (Nicar. ) \n\nJohnson Line \n\nFirm carriers (Fine) \n\nRoyal Mail Lines (UK) \n\nFlomerca (Guatemala) \n\nis \n\n\f4 L *-\n\nANNEX IV \n\nCOUNCIL REGULATION (EEC) No \n\nQL. On the application of Article 85(3) of the Treaty to certain cat\u00e9gories \nof agreements, decisions and concerted practices between shipping \ncompanies. THE COUNCIL OF THE EUROPEAN COMMUNITIES, \nHaving regard to the Treaty establishing the European Economic \nCommunity, and in particular Article 87 thereof, \nHaving regard to the proposal from the Commission , \nHaving regard to the Opinion of the European Parliament , \nHaving regard to the Opinion of the Economic and Social Committee\", \n\n2 \n\nWhereas Article 85(1) of the Treaty may in accordance with Article \n85(3) be declared inapplicable to categorj. es of agreements, decisions \nand concerted practices which fulfil the conditions contained in \nArticle 85(3); \n\nWhereas the provisions for the application of Article 85(3) should be \nadopted by way of Regulation pursuant to Article 87; whereas, according \nto Article 87(2)(b), such a Regulation must lay down detailed rules for \nthe application of Article 85(3), taking into account the need to \nensure effective supervision, on the one hand, and to simplify \nadministration to the greatest possible extent on the other; whereas, \naccording to Article 87(2)(d), such a Regulation is required to define \nthe respective functions of the Commission and of the Court of Justice; \n\n1O. J. 2O. J. 3O. J. Whereas liner shipping is a capital intensive industry; whereas \n\ncontainerization has increasest pressures for co-operation and \n\nrationalisation; whereas the Community shipping industry neods to \n\nattain the necessary economies of scale in order to compete \n\nsuccessfully on the world liner shipping market; \n\nWhereas joint service agreements between liner shipping companies with \n\nthe aim of rationalising their operations by means of technical, \n\noperational and/or commercial arrangements (described in shipping \n\ncircles as consortia) can help to provide the necessary means for \n\nimproving the productivity of liner shipping services and promoting \n\ntechnical and economic progress; \n\nWhereas users of the shipping services offered by consortia can obtain \n\na share of the benefits resulting from the improvements in productivity \n\nand service, by means of, inter alia, regularity, cost reductions \n\nderived from higher levels of capacity utilization, better service \n\nquality stemming from improved vessels and equipment, and efficient \n\ndoor-to-door transport; \n\nWhereas most consortia deal with multi-modal transport operations which \n\nfall partly within the scope of Council Regulation (EEC) No 4056/86 \n\nL \n\n5 \n\nand partly under Council Regulation (EEC) No 1017/68 and, insofar as \n\ncontainers are concerned, partly under Regulation No 17/62 of the \n\nCouncil ; \n\nWhereas the Commission should be enabled to declare by way of \n\nregulation that the provisions of Article 85(1) do not apply to certain \n\ncategories of consortia agreements, decisions and concerted practices, \n\nA0. J. No L378, 31. 12. 1986, p. A. 5O. J. No L175, 23. 7. 1968, p. 1; (Special edition 1968 I, p. 302). 6O. J. No 13, 21. 2. 1962, p. 204/62; (Special edition 1959-1962, p. 87) \n\n\f- 31-\n\nin order to make it easier for undertakings to cooperate in ways which \n\nare economically desirable and without adverse effect from the point of \n\nview of competition policy; \n\nWhereas the Commission, in close and constant liaison with the \n\ncompetent authorities of the Member States, should be able to define \n\nprecisely the scope of these exemptions and the conditions attached to \n\nthem; \n\nWhereas consortia in liner shipping are a specialized and complex type \n\nof joint venture; whereas there is a great variety of different \n\nconsortia agreements operating in different circumstances; whereas the \n\nscope, parties, activities or terms of consortia are frequently \n\naltered; whereas the Commission should therefore be given the \n\nresponsibility of defining from time to time the consortia to which the \n\ngroup exemption should apply; \n\nWhereas, in order to ensure that all the conditions of Article 85(3) \n\nare met it would be necessary to attach to the block exemption \n\nconditions to ensure in particular that a fair share of the benefits \n\nwould be passed on to shippers and that competition is not eliminated; \n\nWhereas under Article 11(4) of Council Regulation (EEC) No 4856/86, \n\nArticle 11(4) of Council Regulation (EEC) No 1017/68, and Article 6 of \n\nRegulation No 17 of the Council, the Commission may provide that a \n\ndecision taken in accordance with Article 85(3) of the Treaty shall \n\napply with retroactive effect; whereas it is desirable that the \n\nCommission be empowered to adopt, by regulation, provisions to the like \n\neffect; \n\nWhereas notification of agreements, decisions and concerted practices \n\nfalling within the scope of this regulation shall not be made \n\ncompulsory, being primarily the responsability of undertakings to see \n\nto it that they conform to the rules on competition, and in particular \n\nto the conditions laid down by regulation concerning liner shipping \n\nconsortia; \n\n\f-iV \n\nWhereas there can be no exemption if the conditions set out in Article \n\n85(3) are not satisfied; whereas the Commission should therefore have \n\npower to take the appropriate measures where an agreement proves to \n\nhave effects incompatible with Article 85(3); whereas the Commission \n\nshould consequently be able first to address recommendations to the \n\nparties and then to take decisions; \n\nHA8 ADOPTED THIS REGULATION: \n\nARTICLE 1 \n\n1. Without prejudice to the applications of Regulation (EEC) No \n\n4056/86, Regulation (EEC) No 1017/68 and Regulation No 17, the \n\nCommission may, by regulation and in accordance with Article 85(3) \n\nof the Treaty, declare that Article 85(1) shall not apply to \n\ncategories of agreements between undertakings, \n\ndecisions of \n\nassociations of undertakings and concerted practices that have as \n\ntheir object to promote or establish cooperation in the joint \n\noperation of maritime transport services or of combined maritime and \n\nland transport services. 2. Such regulation shall define the categories of agreements, decisions \n\nand concerted practices to which it applies and shall specify the \n\nconditions and obligations under which, pursuant to Article 85(3) of \n\nthe Treaty, they shall be considered exempted from the application \n\nof Article 85(1) of the Treaty. ARTICLE 2 \n\n1. The Regulation pursuant to Article 1 shall be made for a specified \n\nperiod. 2. It may be repealed or amended where circumstances have changed with \n\nrespect to any of the facts which were basic to its being made. \u2022& \n\nARTICLE 3 \n\nThe regulation adopted pursuant to Article 1 may include a provision \n\nt!-;. -ii- i! r\u00bbpp1if>'-. with retroactive effect to agreement?, <W- j'-,ior/. \"wl \n\nc-ricerted practices which were in existence at the date of \u2022\u2022\u2022ntry into \n\nforce of such regulation, provided they comply with the conditions \n\nestablished therein. ARTICLE 4 \n\nBefore adopting the regulation, the Commission shall publish a draft \n\nthereof to enable all persons and organizations concerned to submit \n\ntheir comments within such reasonable time limit, being not less than \n\none month, as the Commission shall fix. ARTICLE 5 \n\n1. Before publishing the draft regulation and before adopting the \n\nregulation the Commission shall consult: \n\na) The Advisory Committee on Agreements and Dominant Position in \n\nMaritime Transport established by Article 15(3) of Regulation \n\n(EEC) No 4056/86; \n\nb) the Advisory Committee on Restrictive Practices and Monopolies in \n\nthe Transport Industry established by Article 16(3) of Regulation \n\n(EEC) No 1017/68; \n\nc) the Advisory Committee on Restrictive Practices and Monopolies \n\nestablished by Article 10(3) of Regulation 17. 2. Paragraphs 5 and 6 of said provisions, relating to consultation with \n\nthe Advisory Committees, shall apply, it being understood that joint \n\nmeetings with the Commission shall take place not earlier than one \n\nmonth after dispatch of the notice convening them. ZH \n\nARTICLE 6 \n\n1. Where the persons concerned are in breach of a condition or \n\nobligation which attaches to an exemption granted by the Regulation \n\nadopted pursuant to Article 1. the Commission may, in order to put \n\nan end to such a breach: \n\n- address recommendations to the persons concerned, and \n\n- in the event of failure by such persons to observe those \n\nrecommendations, and depending on the gravity of the breach \n\nconcerned, adopt a decision that either prohibits them from \n\ncarrying out, or requires them to perform, specific acts or, while \n\nwithdrawing the benefit of the block exemption which they enjoyed, \n\ngrants them an individual exemption in accordance with Article \n\n11(4) of Regulation (EEC) No 4056/86, Article 11(4) of Regulation \n\n(EEC) No 1017/68 and Article 6 of Regulation No 17, as \n\nappropriate, or withdraws the benefit. of the block exemption which \n\nthey enjoyed. 2. Where the Commission, either on its own initiative or at the request \n\nof a Member State or of natural or legal persons claiming a \n\nlegitimate interest, finds that in any particular case an agreement, \n\ndecision or concerted practice to which the block exemption granted \n\nby the regulation adopted pursuant to Article 1 applies, \n\nnevertheless has effects which are incompatible with Article 85(3) \n\nor are prohibited by Article 86, it may withdraw the benefit of the \n\nblock exemption from those agreements, decisions or concerted \n\npractices and take all appropriate measures for the purpose of \n\nbringing these infringements to an end, pursuant to Article 13 of \n\nRegulation (EEC) No 4056/86, Article 13 of Regulation (EEC) No \n\n1017/68 and Article 8 of Regulation No 17, as appropriate. 3. Before taking a decision under paragraph 2, the Commission may \n\naddress recommendations for termination of the infringement to the \n\npersons concerned. 3s: \n\nARTICLE 7 \n\nThis Regulation shall enter into force on the day following its \n\npublication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly \n\napplicable in all Member States. Done at Brussels, \n\nFor the Council \n\nThe President \n\n\ft \n\nISSN 0254-1475 \n\nCOM(90) 260 final \n\nDOCUMENTS \n\nEN \n\n07 \n\nCatalogue number : CB-CO-90-287-EN-C \nISBN 92-77-61376-9 \n\nPRICE \n\n1 - 30 pages: 3J0 ECU \n\nper additional 10 pages: 1. 25 ECU \n\nOffice for Officiai Publications of the European Communities \nL-2985 Luxembourg"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/310cfc44-53ce-4590-8a73-d771aff5c455", "title": "RE-EXAMINED PROPOSAL FOR A COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO ACTIVE IMPLANTABLE MEDICAL DEVICES", "langIdentifier": "ENG", "mtypes": "pdf,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_directive_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1990-06-14", "subjects": "EC conformity marking,approximation of laws,marketing,medical device,standardisation,standing committee (EU)", "workIds": "celex:51990PC0247,comnat:COM_1990_0247_FIN,oj:JOC_1990_165_R_0007_01", "eurovoc_concepts": ["EC conformity marking", "approximation of laws", "marketing", "medical device", "standardisation", "standing committee (EU)"], "url": "http://publications.europa.eu/resource/cellar/310cfc44-53ce-4590-8a73-d771aff5c455", "lang": "eng", "formats": ["pdf", "pdfa1b", "print"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nCOM(90) 247 f i n al - SYN 173 \n\nBrussels, 14 ju ne 1990 \n\nRe-examined proposal for a \n\nCOUNCIL DIRECTIVE \n\non the approximation of the lavs of the Member States \nrelating to aotive implantable medical devices \n\nCOM ( 8 8) 717 f i n al SYN 173 \nCOM ( 8 9) 418 \n\n(presented by the Commission pursuant to A r t i c le 149. 2(d) \nof the EEC t r e a t y) \n\n\fExplanatory Memorandum \n\nThe proposal Directive (COM (88) 717 final SYN 173), which is \nbased on Article 100 A of the EEC Treaty, was sent to the Council \non 22 December 1988. Parliament delivered its opinion on the proposal at its \nsession of 12 April 1989. As a result of this opinion, the \nCommission amended its proposal (see COM (89) 418) to take \naccount of the changes suggested by Parliament. On 22 February 1990, the Council adopted a common position with a \nview to the adoption of a Directive on the approximation of the \nlaws of the Member States relating to active medical devices. This Common Position was sent to the Parliament which adopted 4 \namendments at its session of May 1990. Pursuant to paragraph (2) d) of Article 149 of EEC Treaty the \nCommission re-examined its proposal and decided to accept 3 of \nthe 4 amendments and to refuse one of these amendments for the \nreasons given in annex. This re-examined proposal takes into account the amendments which \nthe Commission considers as acceptable. RE-EXAMINED PROPOSAL \u00a3Q\u00a3 A CQ\u00cf\u00cfNGIL DIRECTIVE \n\non the approximation of the laws of the Member States \nrelating to active implantable medical devices \n\nThe Commission approves the Common Position of the Council \ncountained in document 4071/90 of February 23, 1990, subject to \nthe following amendments : \n\n1. AMENDMENT OF ARTICLE 10 PARAGRAPHS 1 AND 2 \n\n\"1. In the case of devices intended for clinical investigations, \nthe manufacturer or his authorized representative established in \nthe Community shall, at least forty-five days before the \ncommencement fo the investigations, submit the statement referred \nto in Annex 6 to the competent authorities of the Member State in \nwhich the investigations are to be conducted. 2. The manufacturer may commence the relevant clinical \ninvestigations at the end of a period of forty-five days after \nnotification, unless the competent authorities have notified him \nwithin that period of a decision to the contrary, based on \nconsiderations of public health or public order. \" \n\n2. ADDITION OF A NEW PARAGRAPH 4 TO THE ARTICLE 11 \n\n\"4. The notified body and the manufacturer or his authorized \nrepresentative established within the Community shall agree on \nthe time-limits for the completion of the evaluation and \nverification operations referred to in Annexes 2 to 5. \" \n\n3. AMENDMENT OF ARTICLE 16, PARAGRAPH 3 \n\n\"3. Member States permit for the period up to 31 December 1994, \nthe placing on the market and putting into service of devices \ncomplying with national rules in force in their territory on 31 \nDecember 1992. \" \n\n\fANNEX \n\nREMARKS ON THE AMENDMENT \nWHICH WAS NOT ACCEPTED BY THE COMMISSION \n\nAmendment n\u00b0 4 \n\nAnnex 6, Point 2. 2. , introductory phrase \n\nCommon Position of the Council \n\n\u2014Text amended by Parliament\"-\n\n\"2. 2. For devices intended for \nclinical investigations \ncovered in Annex 7 :M \n\n\"2. 2. For devices intended for \nclinical investigations :\" \n\nOpinion of the Commission \n\nThe Commission cannot accept this amendement for the following \nreasons : \n\nThis amendment referring to Annex 6 of the Common Position and \nregarding the deletion of the reference to Annex 7 aims according \nto the report of the European Parliament - at eliminating \nsmall scale clinical investigations from the provisions of Annex \n7 of the Directive. The Commission considers that the provisions of Annex 7 and \nparticularly those of points 2. 2. and 2. 3 should remain \napplicable whether the clinical investigations are small or large \nscale. ISSN 0254-1475 \n\nCOM(90) 247 final \n\nDOCUMENTS \n\nEN \n\n05 06 \n\nCatalogue number : CB-CO-90-265-EN-C \nISBN 92-77-61022-0 \n\nPRICE \n\n1 - 30 pages: 3. 50 ECU \n\nper additional 10 pages: 1. 25 ECU \n\nOffice for Official Publications of the European Communities \n\nL-2985 Luxembourg"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/079396c3-389a-4448-9dbf-e778a8f4bb7f", "title": "RESOLUTION on the kidnapping and imprisonment of Mr Mordechai Vanunu", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#resolution_initiative_own_ep,http://publications.europa.eu/ontology/cdm#resolution_other_ep,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Democratic Group,European Parliament,Socialist Group in the European Parliament", "date": "1990-06-14", "subjects": "Israel,barring of penalties by limitation,human rights,nuclear weapon,prisoner,secret service", "workIds": "celex:51990IP1212", "eurovoc_concepts": ["Israel", "barring of penalties by limitation", "human rights", "nuclear weapon", "prisoner", "secret service"], "url": "http://publications.europa.eu/resource/cellar/079396c3-389a-4448-9dbf-e778a8f4bb7f", "lang": "eng", "formats": ["print"]}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/4e3fdc08-755c-47a7-bc5c-3907a4afc112", "title": "ORAL QUESTION DOCUMENT B3-1102/90 with debate, by Mr MUNTINGH on behalf of the Socialist Group to the Commission: Geographical coverage of environmental protection legislation and the structural funds", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_oral,http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,MUNTINGH", "date": "1990-06-13", "subjects": "EU aid,French overseas department and region,Structural Funds,environmental impact,environmental protection,intraurban commuting,natural forest,wood industry", "workIds": "celex:91990O000208", "eurovoc_concepts": ["EU aid", "French overseas department and region", "Structural Funds", "environmental impact", "environmental protection", "intraurban commuting", "natural forest", "wood industry"], "url": "http://publications.europa.eu/resource/cellar/4e3fdc08-755c-47a7-bc5c-3907a4afc112", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/f05810a4-de48-474a-8a46-859fed082727", "title": "Written Question No. 1463/90 by Mrs Cristiana Muscardini to the Commission of the European Communities. Prisons for offenders who are drug addicts", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,MUSCARDINI", "date": "1990-06-13", "subjects": "European social policy,drug addiction,medical institution,penal institution,prisoner", "workIds": "celex:91990E001463", "eurovoc_concepts": ["European social policy", "drug addiction", "medical institution", "penal institution", "prisoner"], "url": "http://publications.europa.eu/resource/cellar/f05810a4-de48-474a-8a46-859fed082727", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/b0736f6e-cd30-4815-8077-3eadb153348a", "title": "Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours", "langIdentifier": "ENG", "mtypes": "fmx4,html,pdfa1b,print,xhtml", "workTypes": "http://publications.europa.eu/ontology/cdm#directive,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1990-06-13", "subjects": "approximation of laws,contract,freedom to provide services,holiday,package travel,travel", "workIds": "celex:31990L0314,oj:JOL_1990_158_R_0059_067", "eurovoc_concepts": ["approximation of laws", "contract", "freedom to provide services", "holiday", "package travel", "travel"], "url": "http://publications.europa.eu/resource/cellar/b0736f6e-cd30-4815-8077-3eadb153348a", "lang": "eng", "formats": ["fmx4", "html", "pdfa1b", "print", "xhtml"], "text": "L_1990158EN. 01005901. xml\n\n\n\n\n\n\n\n\n\n\n23. 6. 1990\u00a0\u00a0\u00a0\n\n\nEN\n\n\nOfficial Journal of the European Communities\n\n\nL 158/59\n\n\n\n\n\nCOUNCIL DIRECTIVE\nof 13 June 1990\non package travel, package holidays and package tours\n(90/314/EEC)\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES,\nHaving regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,\nHaving regard to the proposal from the Commission\u00a0(1),\nIn cooperation with the European Parliament\u00a0(2),\nHaving regard to the opinion of the Economic and Social Committee\u00a0(3),\nWhereas one of the main objectives of the Community is to complete the internal market, of which the tourist sector is an essential part;\nWhereas the national laws of Member States concerning package travel, package holidays and package tours, hereinafter referred to as \u2018packages\u2019, show many disparities and national practices in this field are markedly different, which gives rise to obstacles to the freedom to provide services in respect of packages and distortions of competition amongst operators established in different Member States;\nWhereas the establishment of common rules on packages will contribute to the elimination of these obstacles and thereby to the achievement of a common market in services, thus enabling operators established in one Member State to offer their services in other Member States and Community consumers to benefit from comparable conditions when buying a package in any Member State;\nWhereas paragraph 36 (b) of the Annex to the Council resolution of 19 May 1981 on a second programme of the European Economic Community for a consumer protection and information policy\u00a0(4) invites the Commission to study, inter alia, tourism and, if appropriate, to put forward suitable proposals, with due regard for their significance for consumer protection and the effects of differences in Member States' legislation on the proper functioning of the common market;\nWhereas in the resolution on a Community policy on tourism on 10 April 1984\u00a0(5) the Council welcomed the Commission's initiative in drawing attention to the importance of tourism and took note of the Commission's initial guidelines for a Community policy on tourism;\nWhereas the Commission communication to the Council entitled \u2018A New Impetus for Consumer Protection Policy\u2019, which was approved by resolution of the Council on 6 May 1986\u00a0(6), lists in paragraph 37, among the measures proposed by the Commission, the harmonization of legislation on packages;\nWhereas tourism plays an increasingly important role in the economies of the Member States; whereas the package system is a fundamental part of tourism; whereas the package travel industry in Member States would be stimulated to greater growth and productivity if at least a minimum of common rules were adopted in order to give it a Community dimension; whereas this would not only produce benefits for Community citizens buying packages organized on the basis of those rules, but would attract tourists from outside the Community seeking the advantages of guaranteed standards in packages;\nWhereas disparities in the rules protecting consumers in different Member States are a disincentive to consumers in one Member State from buying packages in another Member State;\nWhereas this disincentive is particularly effective in deterring consumers from buying packages outside their own Member State, and more effective than it would be in relation to the acquisition of other services, having regard to the special nature of the services supplied in a package which generally involve the expenditure of substantial amounts of money in advance and the supply of the services in a State other than that in which the consumer is resident;\nWhereas the consumer should have the benefit of the protection introduced by this Directive irrespective of whether he is a direct contracting party, a transferee or a member of a group on whose behalf another person has concluded a contract in respect of a package;\nWhereas the organizer of the package and/or the retailer of it should be under obligation to ensure that in descriptive matter relating to packages which they respectively organize and sell, the information which is given is not misleading and brochures made available to consumers contain information which is comprehensible and accurate;\nWhereas the consumer needs to have a record of the terms of contract applicable to the package; whereas this can conveniently be achieved by requiring that all the terms of the contract be stated in writing of such other documentary form as shall be comprehensible and accessible to Mm, and that he be given a copy thereof;\nWhereas the consumer should be at liberty in certain circumstances to transfer to a willing third person a booking made by him for a package;\nWhereas the price established under the contract should not in principle be subject to revision except where the possibility of upward or downward revision is expressly provided for in the contract; whereas that possibility should nonetheless be subject to certain conditions;\nWhereas the consumer should in certain circumstances be free to withdraw before departure from a package travel contract;\nWhereas there should be a clear definition of the rights available to the the consumer in circumstances where the organizer of the package cancels it before the agreed date of departure;\nWhereas if, after the consumer has departed, there occurs a significant failure of performance of the services for which he has contracted or the organizer perceives that he will be unable to procure a significant part of the services to be provided; the organizer should have certain obligations towards the consumer;\nWhereas the organizer and/or retailer party to the contract should be liable to the consumer for the proper performance of the obligations arising from the contract; whereas, moreover, the organizer and/or retailer should be liable for the damage resulting for the consumer from failure to perform or improper performance of the contract unless the defects in the performance of the contract are attributable neither to any fault of theirs nor to that of another supplier of services;\nWhereas in cases where the organizer and/or retailer is liable for failure to perform or improper performance of the services involved in the package, such liability should be limited in accordance with the international conventions governing such services, in particular the Warsaw Convention of 1929 in International Carriage by Air, the Berne Convention of 1961 on Carriage by Rail, the Athens Convention of 1974 on Carriage by Sea and the Paris Convention of 1962 on the Liability of Hotel-keepers; whereas, moreover, with regard to damage other than personal injury, it should be possible for liability also to be limited under the package contract provided, however, that such limits are not unreasonable;\nWhereas certain arrangements should be made for the information of consumers and the handling of complaints;\nWhereas both the consumer and the package travel industry would benefit if organizers and/or retailers were placed under an obligation to provide sufficient evidence of security in the event of insolvency;\nWhereas Member States should be at liberty to adopt, or retain, more stringent provisions relating to package travel for the purpose of protecting the consumer,\nHAS ADOPTED THIS DIRECTIVE:\nArticle 1\nThe purpose of this Directive is to approximate the laws, regulations and administrative provisions of the Member States relating to packages sold or offered for sale in the territory of the Community. Article 2\nFor the purposes of this Directive:\n\n\n\n\n\n\n1. \u2018package\u2019 means the pre-arranged combination of not fewer than two of the following when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation:\n\n\n\n\n\n\n(a)\n\n\ntransport;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\naccommodation;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nother tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package. The separate billing of various components of the same package shall not absolve the organizer or retailer from the obligations under this Directive;\n\n\n\n\n\n\n\n\n\n\n2. \u2018organizer\u2019 means the person who, other than occasionally, organizes packages and sells or offers them for sale, whether directly or through a retailer;\n\n\n\n\n\n\n\n\n\n\n3. \u2018retailer\u2019 means the person who sells or offers for sale the package put together by the organizer;\n\n\n\n\n\n\n\n\n\n\n4. \u2018consumer\u2019 means the person who takes or agrees to take the package (\u2018the principal contractor\u2019), or any person on whose behalf the principal contractor agrees to purchase the package (\u2018the other beneficiaries\u2019) or any person to whom the principal contractor or any of the other beneficiaries transfers the package (\u2018the transferee\u2019);\n\n\n\n\n\n\n\n\n\n\n5. \u2018contract\u2019 means the agreement linking the consumer to the organizer and/or the retailer. Article 3\n1. Any descriptive matter concerning a package and supplied by the organizer or the retailer to the consumer, the price of the package and any other conditions applying to the contract must not contain any misleading information. 2. When a brochure is made available to the consumer, it shall indicate in a legible, comprehensible and accurate manner both the price and adequate information concerning:\n\n\n\n\n\n\n(a)\n\n\nthe destination and the means, characteristics and categories of transport used;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe type of accommodation, its location, category or degree of comfort and its main features, its approval and tourist classification under the rules of the host Member State concerned;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nthe meal plan;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nthe itinerary;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\ngeneral information on passport and visa requirements for nationals of the Member State or States concerned and health formalities required for the journey and the stay;\n\n\n\n\n\n\n\n\n\n\n(f)\n\n\neither the monetary amount or the percentage of the price which is to be paid on account, and the timetable for payment of the balance;\n\n\n\n\n\n\n\n\n\n\n(g)\n\n\nwhether a minimum number of persons is required for the package to take place and, if so, the deadline for informing the consumer in the event of cancellation. The particulars contained in the brochure are binding on the organizer or retailer, unless:\n\n\n\n\n\n\n\u2014\n\n\nchanges in such particulars have been clearly communicated to the consumer before conclusion of the contract, in which case the brochure shall expressly state so,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nchanges are made later following an agreement between the parties to the contract. Article 4\n\n\n\n\n\n\n1. (a)\n\n\nThe organizer and/or the retailer shall provide the consumer, in writing or any other appropriate form, before the contract is concluded, with general information on passport and visa requirements applicable to nationals of the Member State or States concerned and in particular on the periods for obtaining them, as well as with information on the health formalities required for the journey and the stay;\n\n\n\n\n(b)\n\n\nThe organizer and/or retailer shall also provide the consumer, in writing or any other appropriate form, with the following information in good time before the start of the journey:\n\n\n\n\n\n\n(i)\n\n\nthe times and places of intermediate stops and transport connections as well as details of the place to be occupied by the traveller, e. g. cabin or berth on ship, sleeper compartment on train;\n\n\n\n\n\n\n\n\n\n\n(ii)\n\n\nthe name, address and telephone number of the organizer's and/or retailer's local representative or, failing that, of local agencies on whose assistance a consumer in difficulty could call. Where no such representatives or agencies exist, the consumer must in any case be provided with an emergency telephone number or any other information that will enable him to contract the organizer and/or the retailer;\n\n\n\n\n\n\n\n\n\n\n(iii)\n\n\nin the case of journeys or stays abroad by minors, information enabling direct contact to be established with the child or the person responsible at the child's place of stay;\n\n\n\n\n\n\n\n\n\n\n(iv)\n\n\ninformation on the optional conclusion of an insurance policy to cover the cost of cancellation by the consumer or the cost of assistance, including repatriation, in the event of accident or illness. 2. Member States shall ensure that in relation to the contract the following principles apply:\n\n\n\n\n\n\n(a)\n\n\ndepending on the particular package, the contract shall contain at least the elements listed in the Annex;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nall the terms of the contract are set out in writing or such other form as is comprehensible and accessible to the consumer and must be communicated to him before the conclusion of the contract; the consumer is given a copy of these terms;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nthe provision under (b) shall not preclude the belated conclusion of last-minute reservations or contracts. 3. Where the consumer is prevented from proceeding with the package, he may transfer his booking, having first given the organizer or the retailer reasonable notice of his intention before departure, to a person who satisfies all the conditions applicable to the package. The transferor of the package and the transferee shall be jointly and severally liable to the organizer or retailer party to the contract for payment of the balance due and for any additional costs arising from such transfer. 4. (a)\n\n\nThe prices laid down in the contract shall not be subject to revision unless the contract expressly provides for the possibility of upward or downward revision and states precisely how the revised price is to be calculated, and solely to allow for variations in:\n\n\n\n\n\n\n\u2014\n\n\ntransportation costs, including the cost of fuel,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\ndues, taxes or fees chargeable for certain services, such as landing taxes or embarkation or disembarkation fees at ports and airports,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nthe exchange rates applied to the particular package. (b)\n\n\nDuring the twenty days prior to the departure date stipulated, the price stated in the contract shall not be increased. 5. If the organizer finds that before the departure he is constrained to alter significantly any of the essential terms, such as the price, he shall notify the consumer as quickly as possible in order to enable him to take appropriate decisions and in particular:\n\n\n\n\n\n\n\u2014\n\n\neither to withdraw from the contract without penalty,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nor to accept a rider to the contract specifying the alterations made and their impact on the price. The consumer shall inform the organizer or the retailer of his decision as soon as possible. 6. If the consumer withdraws from the contract pursuant to paragraph 5, or if, for whatever cause, other than the fault of the consumer, the organizer cancels the package before the agreed date of departure, the consumer shall be entitled:\n\n\n\n\n\n\n(a)\n\n\neither to take a substitute package of equivalent or higher quality where the organizer and/or retailer is able to offer him such a substitute. If the replacement package offered is of lower quality, the organizer shall refund the difference in price to the consumer;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nor to be repaid as soon as possible all sums paid by him under the contract. In such a case, he shall be entitled, if appropriate, to be compensated by either the organizer or the retailer, whichever the relevant Member State's law requires, for non-performance of the contract, except where:\n\n\n\n\n\n\n(i)\n\n\ncancellation is on the grounds that the number of persons enrolled for the package is less than the minimum number required and the consumer is informed of the cancellation, in writing, within the period indicated in the package description; or\n\n\n\n\n\n\n\n\n\n\n(ii)\n\n\ncancellation, excluding overbooking, is for reasons of force majeure, i. e. unusual and unforeseeable circumstances beyond the control of the party by whom it is pleaded, the consequences of which could not have been avoided even if all due care had been exercised. 7. Where, after departure, a significant proportion of the services contracted for is not provided or the organizer perceives that he will be unable to procure a significant proportion of the services to be provided, the organizer shall make suitable alternative arrangements, at no extra cost to the consumer, for the continuation of the packag, and where appropriate compensate the consumer for the difference between the services offered and those supplied. If it is impossible to make such arrangements or these are not accepted by the consumer for good reasons, the organizer shall, where appropriate, provide the consumer, at no extra cost, with equivalent transport back to the place of departure, or to another return-point to which the consumer has agreed and shall, where appropriate, compensate the consumer. Article 5\n1. Member States shall take the necessary steps to ensure that the organizer and/or retailer party to the contract is liable to the consumer for the proper performance of the obligations arising from the contract, irrespective of whether such obligations are to be performed by that organizer and/or retailer or by other suppliers of services without prejudice to the right of the organizer and/or retailer to pursue those other suppliers of services. 2. With regard to the damage resulting for the consumer from the failure to perform or the improper performance of the contract, Member States shall take the necessary steps to ensure that the organizer and/or retailer is/are liable unless such failure to perform or improper performance is attributable neither to any fault of theirs nor to that of another supplier of services, because:\n\n\n\n\n\n\n\u2014\n\n\nthe failures which occur in the performance of the contract are attributable to the consumer,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nsuch failures are attributable to a third party unconnected with the provision of the services contracted for, and are unforeseeable or unavoidable,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nsuch failures are due to a case of force majeure such as that defined in Article 4 (6), second subparagraph (ii), or to an event which the organizer and/or retailer or the supplier of services, even with all due care, could not foresee or forestall. In the cases referred to in the second and third indents, the organizer and/or retailer party to the contract shall be required to give prompt assistance to a consumer in difficulty. In the matter of damages arising from the non-performance or improper performance of the services involved in the package, the Member States may allow compensation to be limited in accordance with the international conventions governing such services. In the matter of damage other than personal injury resulting from the non-performance or improper performance of the services involved in the package, the Member States may allow compensation to be limited under the contract. Such limitation shall not be unreasonable. 3. Without prejudice to the fourth subparagraph of paragraph 2, there may be no exclusion by means of a contractual clause from the provisions of paragraphs 1 and 2. 4. The consumer must communicate any failure in the performance of a contract which he perceives on the spot to the supplier of the services concerned and to the organizer and/or retailer in writing or any other appropriate form at the earliest opportunity. This obligation must be stated clearly and explicily in the contract. Article 6\nIn cases of complaint, the organizer and/or retailer or his local representative, if there is one, must make prompt efforts to find appropriate solutions. Article 7\nThe organizer and/or retailer party to the contract shall provide sufficient evidence of security for the refund of money paid over and for the repatriation of the consumer in the event of insolvency. Article 8\nMember States may adopt or return more stringent provisions in the field covered by this Directive to protect the consumer. Article 9\n1. Member States shall bring into force the measures necessary to comply with this Directive before 31 December 1992. They shall forthwith inform the Commission thereof. 2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof. Article 10\nThis Directive is addressed to the Member States. Done at Luxembourg, 13 June 1990. For the Council\n\n\nThe President\n\nD. J. O'MALLEY\n\n\n\n\n(1)\u00a0\u00a0OJ No C 96, 12. 4. 1988, p. 5. (2)\u00a0\u00a0OJ No C 69, 20. 3. 1989, p. 102 and\n\nOJ No C 149, 18. 6. 1990. (3)\u00a0\u00a0OJ No C 102, 24. 4. 1989, p. 27. (4)\u00a0\u00a0OJ No C 165, 23. 6. 1981, p. 24. (5)\u00a0\u00a0OJ No C 115, 30. 4. 1984, p. 1. (6)\u00a0\u00a0OJ No C 118, 7. 3. 1986, p. 28. ANNEX\nElements to be included in the contract if relevant to the particular package;\n\n\n\n\n\n\n(a)\n\n\nthe travel destination(s) and, where periods of stay are involved, the relevant periods, with dates;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe means, characteristics and categories of transport to be used, the dates, times and points of departure and return;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nwhere the package includes accommodation, its location, its tourist category or degree of comfort, its main features, its compliance with the rules of the host Member State concerned and the meal plan;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nwhether a minimum number of persons is required for the package to take place and, if so, the deadline for informing the consumer in the event of cancellation;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nthe itinerary;\n\n\n\n\n\n\n\n\n\n\n(f)\n\n\nvisits, excursions or other services which are included in the total price agreed for the package;\n\n\n\n\n\n\n\n\n\n\n(g)\n\n\nthe name and address of the organizer, the retailer and, where appropriate, the insurer;\n\n\n\n\n\n\n\n\n\n\n(h)\n\n\nthe price of the package, an indication of the possibility of price revisions under Article 4 (4) and an indication of any dues, taxes or fees chargeable for certain services (landing, embarkation or disembarkation fees at ports and airports, tourist taxes) where such costs are not included in the package;\n\n\n\n\n\n\n\n\n\n\n(i)\n\n\nthe payment schedule and method of payment;\n\n\n\n\n\n\n\n\n\n\n(j)\n\n\nspecial requirements which the consumer has communicated to the organizer or retailer when making the booking, and which both have accepted;\n\n\n\n\n\n\n\n\n\n\n(k)\n\n\nperiods within which the consumer must make any complaint concerning failure to perform or improper performance of the contract"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/89f8958d-6584-41e2-b341-02b43c0f5843", "title": "PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 3975/87 LAYING DOWN THE PROCEDURE FOR THE APPLICATION OF THE RULES ON COMPETITION TO UNDERTAKINGS IN THE AIR TRANSPORT SECTOR", "langIdentifier": "ENG", "mtypes": "pdf,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1990-06-11", "subjects": "air transport,competition,competition law", "workIds": "celex:51990PC0167,comnat:COM_1990_0167_FIN,oj:JOC_1990_155_R_0007_01", "eurovoc_concepts": ["air transport", "competition", "competition law"], "url": "http://publications.europa.eu/resource/cellar/89f8958d-6584-41e2-b341-02b43c0f5843", "lang": "eng", "formats": ["pdf", "pdfa1b", "print"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nC0MC90) 167 final \n\nBrussels, 11 June 1990 \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\namending Regulation (EEC) No 3975/87 \n\nLaying down the procedure for the application \n\nof the rules on competition to undertakings \n\nin the air transport sector \n\n(presented by the Commission) \n\n\f- 2 -\n\nEXPLANATORY MEMORAMMfl* \n\nTo the draft regulation providing for temporary relief against \n\nanticompetitive practices in the air transport sector. The Commission's current proposals on further liberalisation of air \n\ntransport \n\n(\"i ) \n\ninclude rules designed to permit air carriers to develop \n\nand implement their own commercial policies. While this process on the \n\nwhole will contribute to a more dynamic industry in the interest of the \n\nair transport user, there may be cases in which air carrier:; use the \n\nopportunity created by the relaxation of controls to adopt strategies \n\ndesigned to eliminate competitors by other means than eon-petition on \n\nthe merits. During discussions within the Council it became clear that such \n\nanticompetitive practices are of serious concern to the industry and to \n\nMember States. As a result the Council called on the Commission to \n\nstrengthen its proposals by defining rules to prevent anti-rompit\u00ee+-iv^ \n\n\". 'ehaviour and abusive practices \n\n(2) \n\nThe Commission at present has considerable fact-finding and enforcement \n\npowers in the air transport sector \n\n, but its present procedures may \n\nnot always be sufficient to enable it to act with the necessary speed \n\nagainst practices which threaten to eliminate a competitor. Experience \n\n!). -\u2022 COM <!. '. ?) J73 finol of 0 September 1987. 'Conclusions of the Transport Council of A and 5 December 1999, Council \n\nWorking Document AER/89/29. 35Council Regulation 3975/87, OJ N\u00b0 L 374 of 31 December 1987. -. 3 -\n\n-f the air transport sector shows, however. that in the absence of \n\ns e d i t i o us \n\naction such \n\nanticompetitive practices may ,MI;,(, \n\nirreversible 'amage to the competitive structure of the industry. *'. Consequently it is proposed to provide for some acceleration of \n\nprocedures enabling the Commission to give temporary relief against \n\nanticompetitive practices in the air transport sector. The provisions \n\n-re similar to the rules laid down in the Court's judgement in Case \n\n792/79, Camera Care 1980 ECR 119. !i. The anticompetitive practices concerned are actions by one or several \n\nair carriers which have the object or effect of threatening the \n\nviability of an air service or of threatening the existence of an air \n\ncarrier. The following actions could be considered as examples of \n\nanticompetitive practices : \n\n\u2022 providing :-o much capacity or such high frequencies on a route fhat \n\n\"tli*3i- fiii-i up-!, find U difficult to make sales of servi \u2022\u2022\u00ab\u00bb. \u2022\u2022!\u2022 the \n\nroute; \n\n- charging fares appreciably below the air carrier's own fully \n\nallocated relevant costs; \n\n- granting benefits to travel agents which make it difficult for \n\ncompeting air carriers to make sales, e. g. override commissions; \n\ngranting benefits to air transport users which artificially maintain \n\ntheir loyalty to a specific airline, e. g. frequent flier programmes. Whether such actions are judged to be anticompetitive in a particular \n\ncase would depend on the particular circumstances of that case. Because of the severe time constraints the draft regulation modifies \n\ni-eguiation 3970/07 to enable the Commission to take interim measures to \n\nprevent or terminate anticompetitive practices more rapidly by omitting \n\nconsultation of the Advisory Committee. However, the Commission will \n\nendeavour to maintain a close and constant liaison with the competent \n\n\fj'j'horities jf the Member States concerned. In any event, \"he Advisory \n\n'ornmitte* will be consulted before a decision is renewed, and l^forc* c \n\n' :nal decision is taken. \u2022 , t. ; i p. [!\"<\u2022\u2022\u2022. \u2022\u2022\u2022. ! n ' f. w i il n ot b\u00ab- \n\nf-^l:<-*T'i \n\nwit||. ,nt \n\nfir'-. t \u2022. \u2022!. \u2022!. ! m--. ' : \u00ab\u2022 \n\n\u2022 d^rt,:,!\u2022;ii^'\u2022 concerned to comment in writing. and will !\u2022\u2022\u2022 'inni-'- ':\u2022-\n\n-'na length 01 time appropriate to the case (at most 6 months. - 5 -\n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \namending Regulation (EEC) No 3975/87 \nlaying down the procedure for the application \n\nof the rules on competition to undertakings \n\n, \n\nin the air transport sector \n\nTHE COUNCIL OF THE EUROPEAN COHMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic Community, \nand in particular Article 87 thereof, \nHaving regard to the proposal from the Commission (1), \nHaving regard to the opinion of the European Parliament (2), \n\nHaving regard to the opinion of the Economic and Social Committee (3), \n\nWhereas Council Regulation \n\n(4) \n\nprovides for further liberalisation of air transport within the Community; \n\nWhereas, while the relaxation of controls will enable carriers to compete \n\non their merits and thus contribute to a more dynamic industry in the \n\ninterest of the air transport user, the Commission should be able to take \n\nprompt action in cases where air carriers engage in practices which are \n\ncontrary to the competition rules and which may threaten the viability of \n\nservices operated by a competitor or even the existence of a competitor, \n\nand thus cause irreversible damage to the competitive structure; \n\nWhereas it is appropriate to provide for a specific procedure according to \nwhich the Commission may apply the competition rules expeditiously in \ncases where there is an urgent need to prevent or act against such \nanticompetitive practices; \n\nWhereas this procedure should provide the undertakings concerned with the \nopportunity to comment in writing on the matters to which objection is \ntaken; \n\nWhereas it is therefore necessary to amend Council Regulation (EEC) \nNo' 3975/87 (5); \n\nHAS ADOPTED THIS REGULATION: \n\n(1) \n(2) \n(3) \n(4) \nC5> O J H ol 3 ?V 31. 12. 1987, p. 1 \n\n\f- 6 -\n\nARTICLE 1 \n\nRegulation (EEC) No 3975/87 is hereby amended as follows : \n\n1) The following Article 4a is inserted : \n\n\"ARTICLE 4a \n\nTemporary relief against anticompetitive practices \n\n1. Without prejudice to Article 4(1), where the Commission has reasons \n\nto believe that certain practices are contrary to Articles 85 or 86 \n\nof the Treaty and have the object or effect of threatening the \n\nviability of an air service or of threatening the existence of an \n\nair carrier, it may by decision take interim measures to ensure that \n\nthese practices are not implemented or cease to be implemented and \n\nto give such instructions as are necessary to prevent the occurrence \n\nof these practices until a decision under Article 4(1) is taken. 2. A decision taken pursuant to paragraph 1 shall apply for a period \n\nnot exceeding six months. Article 8(3) to (6) shall not apply. The Commission may renew the initial decision, with or without \n\nmodification. In such case. Article 8(3) to (6) shall apply. \" \n\n2) \n\nThe following is added to Article 13(1): \n\n\"(e) to comply with any measure imposed by decision under Article 4 a. \" \n\n3) \n\nIn Article 16(1) \"4a,\" is inserted after \"4,\". 7 -\n\nARTICLE 2 \n\nThis Regulation shall enter into force on the day following \n\nthat of its publication in the Official Journal of the European Communities, \n\nTli i r; Regulation \". hall be binding in ils ont i rot y and dir. M. ily \n\napplicable in all Member States. Done at Brussels, \n\nFor the Council \n\n\f\fISSN 0254-1475 \n\nCOM(90) 167 final \n\nDOCUMENTS \n\nEN \n\n08 07 \n\nCatalogue number : CB-CO-90-277-EN-C \nISBN 92-77-61196-0 \n\nPRICE \n\n1-30 pages: 3. 50 ECU \n\nper additional 10 pages: 1. 25 ECU \n\nOffice for Official Publications of the European Communities \n\nL2985 Luxembourg"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/d6422257-35dd-4f08-beaf-2fc61bb57014", "title": "Written Question No. 1379/90 by Mr Alex Smith to the Commission of the European Communities. Research contracts to independent organisations and institutes", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,SMITH ALEX", "date": "1990-06-11", "subjects": "European Commission,contract,ecological balance,invitation to tender,meteorology,research body,research programme", "workIds": "celex:91990E001379", "eurovoc_concepts": ["European Commission", "contract", "ecological balance", "invitation to tender", "meteorology", "research body", "research programme"], "url": "http://publications.europa.eu/resource/cellar/d6422257-35dd-4f08-beaf-2fc61bb57014", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/652dfdd4-a570-4eca-909c-4c61da18575d", "title": "Written Question No. 1336/90 by Mr Alonso Puerta to the Commission of the European Communities. Radiation at the Energy, Environment and Technology Research Centre (Madrid - Spain)", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,PUERTA", "date": "1990-06-11", "subjects": "EAEC,Spain,application of EU law,health control,occupational safety,radiation protection", "workIds": "celex:91990E001336", "eurovoc_concepts": ["EAEC", "Spain", "application of EU law", "health control", "occupational safety", "radiation protection"], "url": "http://publications.europa.eu/resource/cellar/652dfdd4-a570-4eca-909c-4c61da18575d", "lang": "eng", "formats": ["print"]}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/20c9b961-fcc6-4b14-9a91-1172997e5b16", "title": "Written Question No. 1352/90 by Mr Llewellyn Smith to the Commission of the European Communities. EURATOM safeguards report - plutonium-contaminated material", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,SMITH LLEWELLYN", "date": "1990-06-11", "subjects": "EAEC Treaty,nuclear safety,plutonium,radioactive waste,report", "workIds": "celex:91990E001352", "eurovoc_concepts": ["EAEC Treaty", "nuclear safety", "plutonium", "radioactive waste", "report"], "url": "http://publications.europa.eu/resource/cellar/20c9b961-fcc6-4b14-9a91-1172997e5b16", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/1e13dca5-44f9-4430-ae3e-d42393cc2093", "title": "Written Question No. 1364/90 by Mr William Newton Dunn to the Commission of the European Communities. Prohibited chemicals on fruit and vegetables", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,NEWTON DUNN William Francis", "date": "1990-06-11", "subjects": "Central and Eastern Europe,agro-industry,application of EU law,chemical product,cooperation agreement,fruit,marketing,plant health product,public health,trade agreement,vegetable", "workIds": "celex:91990E001364", "eurovoc_concepts": ["Central and Eastern Europe", "agro-industry", "application of EU law", "chemical product", "cooperation agreement", "fruit", "marketing", "plant health product", "public health", "trade agreement", "vegetable"], "url": "http://publications.europa.eu/resource/cellar/1e13dca5-44f9-4430-ae3e-d42393cc2093", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/69dc7c3f-d3b2-4f0c-8ff8-1894597b3965", "title": "Decision of the Board of Governors of 11 June 1990 on the increase in the Bank's capital", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Board of Governors of the European Investment Bank", "date": "1990-06-11", "subjects": "European Investment Bank,capital increase,decision-making body (EU)", "workIds": "celex:31990D1231(01),oj:JOL_1990_377_R_0001_004", "eurovoc_concepts": ["European Investment Bank", "capital increase", "decision-making body (EU)"], "url": "http://publications.europa.eu/resource/cellar/69dc7c3f-d3b2-4f0c-8ff8-1894597b3965", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/8c1777ac-97f8-4766-8bc4-ee6336e6b108", "title": "Decision of the Board of Governors of 11 June 1990 on the membership of the European Investment Bank in the European Bank for Reconstruction and Development", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Board of Governors of the European Investment Bank", "date": "1990-06-11", "subjects": "EBRD,European Investment Bank,board of directors,decision-making body (EU),financial agreement,shareholding", "workIds": "celex:31990D1231(02),oj:JOL_1990_377_R_0003_01", "eurovoc_concepts": ["EBRD", "European Investment Bank", "board of directors", "decision-making body (EU)", "financial agreement", "shareholding"], "url": "http://publications.europa.eu/resource/cellar/8c1777ac-97f8-4766-8bc4-ee6336e6b108", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/b57daed9-df61-4fca-803a-3092f68c26dd", "title": "ORAL QUESTION DOCUMENT B3-819/90 with debate, by Mr VANDEMEULEBROUCKE on behalf of the Rainbow Group in the European Parliament to the Foreign Ministers meeting in Political Cooperation: European arms exports", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_oral,http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,VANDEMEULEBROUCKE", "date": "1990-06-11", "subjects": "East-West relations,European arms policy,arms trade,export (EU),military equipment,technology transfer", "workIds": "celex:91990O000059", "eurovoc_concepts": ["East-West relations", "European arms policy", "arms trade", "export (EU)", "military equipment", "technology transfer"], "url": "http://publications.europa.eu/resource/cellar/b57daed9-df61-4fca-803a-3092f68c26dd", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/49c0bf07-d4ae-4133-bb87-e8ee085c181e", "title": "Written Question No. 1376/90 by Mrs Dorothee Piermont to the Commission of the European Communities. Recent Commission reports on specific problems affecting the Canary Islands, the Azores and Madeira", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,PIERMONT", "date": "1990-06-11", "subjects": "Azores,Canary Islands,EU regional policy,Madeira,access to information,report", "workIds": "celex:91990E001376", "eurovoc_concepts": ["Azores", "Canary Islands", "EU regional policy", "Madeira", "access to information", "report"], "url": "http://publications.europa.eu/resource/cellar/49c0bf07-d4ae-4133-bb87-e8ee085c181e", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/8993d686-280a-4a72-9972-4c32799fbf19", "title": "Written Question No. 1342/90 by Mr George Stevenson to the Foreign Ministers meeting in European Political Cooperation. State of Emergency Regulations, South Africa, as applied to Gazankulu", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,STEVENSON", "date": "1990-06-11", "subjects": "European political cooperation,South Africa,state of emergency", "workIds": "celex:91990E001342", "eurovoc_concepts": ["European political cooperation", "South Africa", "state of emergency"], "url": "http://publications.europa.eu/resource/cellar/8993d686-280a-4a72-9972-4c32799fbf19", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/6c91d523-c70f-43f2-9378-d179bdf424d8", "title": "Written Question No. 1347/90 by Mr Llewellyn Smith to the Commission of the European Communities. EURATOM safeguards report - bilateral agreements (Canada, US and Australia)", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,SMITH LLEWELLYN", "date": "1990-06-11", "subjects": "Australia,Canada,EAEC,North America,bilateral agreement,nuclear safety,report", "workIds": "celex:91990E001347", "eurovoc_concepts": ["Australia", "Canada", "EAEC", "North America", "bilateral agreement", "nuclear safety", "report"], "url": "http://publications.europa.eu/resource/cellar/6c91d523-c70f-43f2-9378-d179bdf424d8", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/ccf835e6-7ba9-45e5-94f4-df7a64892c61", "title": "PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE CONCLUSION OF THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE UNITED REPUBLIC OF TANZANIA ON FISHING OFF TANZANIA", "langIdentifier": "ENG", "mtypes": "pdf,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1990-06-11", "subjects": "Tanzania,cooperation agreement (EU),deep-sea fishing,fishing agreement", "workIds": "celex:51990PC0244,comnat:COM_1990_0244_FIN,oj:JOC_1990_187_R_0033_01", "eurovoc_concepts": ["Tanzania", "cooperation agreement (EU)", "deep-sea fishing", "fishing agreement"], "url": "http://publications.europa.eu/resource/cellar/ccf835e6-7ba9-45e5-94f4-df7a64892c61", "lang": "eng", "formats": ["pdf", "pdfa1b", "print"], "text": "*||p\u00a5C \n\nisr**g|s. COMMISSION OF THE EUROPEAN COMMUNITIES \n\nCOM(90) 244 final \n\nBrussels, 11 \n\nJune 1990 \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\non the conclusion of the Agreement between the European Economic Community \nand the United Republic of Tanzania on fishing off Tanzania \n\n(presented by the Commission) \n\nsat. m \n\n\fz \n\nEXPLANATORY MEMORANDUM \n\nGiven the interest of Community fleets in fishing in the \nIndian Ooean and following the agreements already reached by \nthe Community with certain states in the region, in \nparticular the Seychelles, Madagascar, Mozambique and the \nComoros Islands, negotiations took plaoe in Dar-Es-Salaam \nfrom 12 to 15 March 1990 between the Community and the \nUnited Republic of Tanzania with a view to concluding a \nfishing agreement. The negotiations were successful, and a fishing agreement \nbetween the Community and United Republic of Tanzania was \ninitialled in Dar-Es-Salaam on 15 March 1990. The Agreement \nprovides fishing opportunities over a period of three years \nfor 46 tuna seiners and for 8 surface longliners fishing for \ntuna and other migratory species. In return for these fishing possibilities the Community will \npay a financial compensation of 350,000 ECU a year for a \nperiod of three years. If annual catohes exceed 7,000 \ntonnes, the financial compensation will be increased \nproportionately. In addition, the Community will pay a \ncontribution of 430,000 ECU over three years to finanoe \nTanzanian soientifio and teohnloal programmes and 200,000 \nECU for study or training awards in subjects relating to \nfisheries. For their part, shipowners will be required to pay fees as \nfollows : \n- for tuna seiners : \n\n1,000 ECU per vessel plus 20 ECU \nper tonne caught in excess of 50 \ntonnes ; \n200 ECU per vessel plus 20 ECU per \ntonne caught in excess of 10 \ntonnes. - for longliners : \n\nThe Commission proposes that the Council should, without \ndelay and after consulting the European Parliament, approve \nthe Agreement between the European Economic Community and \nthe United Republic of Tanzania on fishing off Tanzania, by \nadopting the Regulation attached hereto. Proposal for a \n\nCOUNCIL REGULATION (EEC) \n\non the conclusion of the Agreement between the European Economic Community \nand the United Republic of Tanzania on fishing off Tanzania \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European \nEoonomio Community, and in particular Article 43 thereof, \n\nHaving regard to the proposal from the Commission, \n\nHaving regard to the opinion of the European Parliament^1), \n\nWhereas the Community and the United Republic of Tanzania \nhave negotiated and initialled an Agreement on fishing which \nprovides fishing opportunities for Community fishermen in \nwaters over which Tanzania has sovereignty or jurisdiction; \n\nWhereas it is in the Community's interest to approve this \nAgreement, \n\nHAS ADOPTED THIS REGULATION : \n\nArtiole 1 \n\nThe Agreement between the European Eoonomio Community and \nthe United Republic of Tanzania on fishing off Tanzania is \nhereby approved on behalf of the Community. (1) OJ n* \n\n\fy \n\nThe text of the Agreement is attached to this Regulation \n\nArticle 2 \n\nThe President of the Counoil is hereby authorised to \ndesignate the persons empowered to sign the Agreement in \norder to bind the Community. Article 3 \n\nThis Regulation shall enter into force on the third day \nfollowing its publication in the Official Journal of the \nEuropean Communities. This Regulation shall be binding in its entirety and \ndireotly applicable in all Member States. Done at Brussels \n\nFor the Council \nThe President \n\n\fS \n\nDRAFT \n\nA G R E E M E NT \n\nBETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND \n\nTHE UNITED REPUBLIC OF TANZANIA \n\nON FISHING OFF TANZANIA \n\n\fc \n\nTHE EUROPEAN ECONOMIC COMMUNITY. hereinafter referred to as the* \"Community**. and \n\nTHE UNITED REPUBLIC OF TANZANIA. hereinafter referted \n\nto as \"Tanzania\". CONSIDERING the spirit of co-operation resulting from the ACP-EEC \n\nConvention and the good co-operation relations which exist between the \n\nCommunity and Tanzania; \n\nCONSIDERING the wish of Tanzania to promote the rational exploitation of \n\nits fishery resources by means of intensified co-operation; \n\nRECALLING that the Community and Tanzania are signatories to the United \n\nNations Convention on the Law of the Sea and that, in accordance with that \n\nConvention, Tanzania has established an exclusive economic zone extending \n\n200 nautical miles from its shores within which it exercises its sovereign \n\nrights for the purpose of identifying, exploiting, conserving and managing \n\nthe resources of the said zone, in accordance with the principles of \n\ninternational law; \n\nDESIROUS to develop and intensify mutually advantageous co-operation in \n\nthe field of fisheries; \n\nDETERMINED to conduct their relations in a spirit of mutual trust and \n\nrespect for each other's interest in the sphere of sea fishing; \n\nmr \n\n<& \n\n\f1-\n\nDESIROUS of establishing the terms and conditions governing activities \n\nof common interest to both parties. HAVE AGREED AS FOLLOWS : \n\nA R T I C LE \n\n3 \n\nThe purpose of this Agreement is to establish the principles and rules \n\nwhich will in future govern, in all respects, the fishing activities of \n\nvessels flying the flags of Member States of the Community, hereinafter \n\nreferred to as \"Community vessels\", in the waters over which Tanzania has \n\nsovereignty or jurisdiction in respect of fisheries, hereinafter referred \n\nto as \"Tanzania's fishing zone\", in accordance with the provisions of the \n\nUnited Nations Convention on the Law of the Sea and other rules of \n\ninternational law. A R T I C L E \n\n2 \n\n1. Tanzania shall permit fishing bv- Community vessels in Tanzania's \n\nfishing zone in accordance with this Agreement. 2. These fishing activities snail be subject to the laws of Tanzania. \u00a3 \n\nA R T I C LE \n\n3 \n\n1. The Community undertakes to take all necessary steps to ensure that \n\nCommunity vessels observe the provisions of this Agreement and the \n\nlaws relating to fishing in Tanzania's fishing zone consistent with \n\nthe provisions of the United Nations Convention on the Law of the \n\nSea and other rules of international law. 2. The Tanzanian authorities shall notify the Commission of the \n\nEuropean Community of any change to the said laws. A R T I C LE \n\n1. Fishing activities by Community vessels in Tanzania's fishing zone \n\nunder the present Agreement shall be subject to possession of a \n\nvalid fishing licence. 2. Licences will be issued by the Tanzanian authorities within the \n\nlimits laid down in the Protocol. 3. The issue of a licence by the Tanzanian authorities at the \n\nCommunity's request shall be subject to payment of a licence fee \n\nby the shipowner concerned. pkrr^ \n\n\f3 \n\n4. The formalities for making applications for licences, their period \n\nof validity, the amount of the fee, the payment provisions and the \n\npermitted fishing zones shall all be as specified in the Annex. 5. A licence shall be issued for a given vessel and shall not be \n\ntransferable. A R T I C L ES \n\nThe Parties undertake to coordinate action, either directly or within \n\ninternational organizations, to ensure the management and conservation of \n\nthe living resources in the Indian Ocean, particularly in respect of \n\nhighly migratory species, and to facilitate the relevant scientific \n\nresearch. A R T I C LE \n\n6 \n\nVessels authorized to fish in Tanzania's fishing zone under this Agreement \n\nshall be obliged to communicate to the Tanzanian authorities statements \n\nof catch and other relevant information in accordance with the provisions \n\nof the Annex. 1o \n\nA R T I C LE \n\nIn return for the fishing opportunities accorded under Article 2, the \n\nCommunity shall make payments to Tanzania in accordance with the \n\nprovisions of the Protocol, without prejudice to the financing for which \n\nTanzania is eligible under the ACP-EEC Convention. A R T I C LE \n\n8 \n\n1. Without prejudice to the exercise by Tanzania of sovereignty or \n\njurisdiction over Tanzania's fishing zone, the Parties agree to \n\nestablish a Joint Committee to oversee the implementation, \n\ninterpretation and proper functioning of this Agreement. 2. The Joint Committee shall meet at the request of either party. The \n\nparties shall consult at least 30 days in advance regarding the date \n\nand agenda for meetings of the Joint Committee. 3. In the event of a dispute concerning the interpretation or \n\napplication of the Agreement, such dispute shall be the subject of \n\nconsultation between the Parties. 7#~~\" \n\n/ \n\n\f/M \n\nA R T I C LE \n\n1. Should the Tanzanian authorities decide, as a result of developments \n\nin the state of stocks, to take conservation measures which affect \n\nthe activities of Comnunity vessels, consultations shall be held \n\nbetween the Parties in order to adapt the Annex and Protocol \n\nattached to this Agreement. 2. Such consultations will be based on the principle that any \n\nsubstantial reduction of the fishing rights provided for in the \n\nProtocol shall lead to an equivalent reduction of the financial \n\ncompensation to be paid by the Community. 3. Any conservation measures taken by the Tanzanian authorities shall \n\nbe based on objective and scientific criteria and shall apply \n\nequally to Community and other third country vessels without \n\nprejudice to special arrangements between developing states within \n\nthe same geographical area, including reciprocal fishing \n\narrangements. A R T I C LE \n\n10 \n\nNothing in this Agreement shall affect or prejudice in any manner the view \n\nof either Party with respect to any matter relating to the Law of the Sea. siL \n\n\fA R T I C LE \n\n11 \n\nThis Agreement shall apply, on the one hand, to the territories in which \n\nthe Treaty establishing the European Economic Community is applied and \n\nunder the conditions laid down in that Treaty and, on the other hand, to \n\nthe territory of the United Republic of Tanzania. A R T I C LE \n\ni2 \n\nThe Annex and the Protocol attached to this Agreement form an integral \n\npart of the Agreement and, unless otherwise specified, a reference to the \n\nAgreement shall also constitute a reference to them. A R T I C LE \n\n13 \n\n1. The Agreement shall be concluded for an initial period of three \n\nyears from the date of its entry into force. Unless one of the \n\nParties terminates it by giving notice to that effect at least six \n\nmonths before the date of expiry of the three year period, it shall \n\nremain in force for further periods of three years unless denounced \n\nby notice given at least three months before the date of expiry of \n\neach such three year period. -+c \n\n\f-7 ? \n\n2. In the event of a Contracting Party giving notice denouncing the \n\nAgreement, the Contracting Parties shall enter into negotiations. Before the end of the period of validity of the Protocol, the \n\nContracting Parties shall enter into negotiations to determine by \n\ncommon agreement what amendments or additions to the Annex or \n\nProtocol are required. They may also enter into negotiations at \n\nany other time by common agreement. A R T I C LE \n\n14 \n\nThis Agreement, drawn up in duplicate in the Danish, Dutch, English, \n\nFrench, German, Greek, Italian, Portuguese and Spanish languages, each of \n\nthese texts being equally authentic, shall enter into force on the date \n\nof its signature. \u2022\u2022} y \n\nA N N EX \n\nConditions for the pursuit of fishing activities by Community vessels in \n\nTanzania's fishing zone ; \n\n1. Licence application and issuing formalities \n\na) \n\nThe Commission of the European Communities shall present to \n\nthe Tanzanian Ministry responsible for Fisheries via the \n\nDelegation of the Commission of the European Communities in \n\nTanzania an application, made by the shipowner, for each \n\nvessel that wishes to fish under this Agreement, at least 30 \n\ndays before the date of commencement of the period of \n\nvalidity requested. Each application shall be accompanied \n\nby documentary proof of payment of the appropriate licence \n\nfee. The application shall be made on the forms provided \n\nfor that purpose by Tanzania, a specimen of which is at \n\nappendix I. b) \n\nEvery licence shall be issued to the shipowner for one \n\ndesignated vessel. At the request of the Commission of the \n\nEuropean Communities, the licence for a vessel \u00abnay and. in \n\ncases of force majeure, will be replaced by a licence for \n\nanother Community vessel, having the same characteristics. In the latter case, no fee is due for the remaining period \n\nof validity. ffl^ \n\n\fAS \n\nc) \n\nThe licences shall be collected from the Tanzanian \n\nauthorities by the Delegation of the Commission of the \n\nEuropean Communities in Tanzania fifteen working days after \n\nsubmission of the applications. d) \n\nThe licence document must be held on board at all times. e) \n\nThe Tanzanian authorities shall communicate before the date \n\nof entry into force of the agreement, the arrangements for \n\npayment of the licence fees, and in particular the details \n\nof the bank account and the currency to be used. f) \n\nThe licence fee includes all national and local taxes with \n\nthe exception of charges for services. 2. Validity of licences and payment provisions \n\na) \n\nLicences shall be valid for a period of one year. They are \n\nrenewable. b) \n\nThe fees shall be set at 20 ECU per tonne caught within \n\nTanzania's fishing zone. Licences shall be issued following \n\nadvance payment to Tanzania of a lump sum of 1. 000 ECU a year \n\nfor each tuna seiner, equivalent to the fees for 50 tonnes \n\nof tuna caught within Tanzania's fishing zone per year and \n\n\fAG \n\na lump sum of 200 ECU a year for each surface longliner \n\nequivalent to the fees for 10 tonnes of tuna and other \n\nmigratory species caught within Tanzania's fishing zone per \n\nyear. The final statement of the fees due for the fishing year in \n\nrespect of each vessel shall be drawn up by the Commission \n\nof the European Communities on the basis of the catch \n\nstatements made by the shipowners (a specimen of which is at \n\nAppendix 2), confirmed by the scientific institutes \n\nresponsible for verification of the catch figures (ORSTOM and \n\nthe Spanish Oc\u00e9anographie Institute). Any additional payment \n\ndue shall be paid by the shipowners within 30 days into an \n\naccount specified by the Tanzanian authorities. If the amount of the sum due for actual fishing operations \n\ndoes not equal the advance pavment, the corresponding \n\noutstanding sum shall not be recoverable by the shipowner. Observers \n\na) \n\nAt the decision of the Tanzanian authorities, vessels shall \n\ntake on board an observer designated by these authorities in \n\norder to check catches made in Tanzania's fishing zone. Observers shall have all facilities necessary for the \n\nperformance of these duties including access to places and \n\ndocuments. An observer must not be present for longer than \n\nthe time required to fulfill his duties. They shall be \n\nprovided with suitable food and accommodation while on board. $e~ \n\n\f1 -} \n\nThe salary and social contributions of the observer shall be \n\nborne by the Tanzanian authorities. Should a vessel with \n\na Tanzanian observer on board leave Tanzania's fishing zone \n\nevery step will be taken to ensure that the observer returns \n\nto Tanzania as soon as possible, at the shipowner's expense. b) \n\nVessels may be requested by the Tanzanian authorities to \n\ntake on board a biologist under the same conditions as those \n\nlaid down above. Vessels shall not be required to take on \n\nboard an observer and a biologist at the same time. 4. Radio Communications \n\nWhile they are engaged in fishing activities in Tanzania's fishing \n\nzone, vessels shall communicate their position and catches every 3 \n\ndays. Vessels shall also communicate their position and the \n\nvolume of the catches on board when entering and leaving Tanzania's \n\nfishing zone. The radio call sign, frequency and working hours \n\nof the radio station shall be annexed to the licence. 5. Fishing zones \n\nCommunity vessels shall have access to all of Tanzania's fishing \n\nzone. i Y; \n\n6. Prohibition of firearms \n\nFirearms, including those for self-defence purposes, shall be \n\nforbidden on all vessels authorised to fish in Tanzania's fishing \n\nzone. 7. Property of rare species \n\nAll marine species, whose preservation is justified due to their \n\nrarity or for biological research needs, and which are caught by a \n\nCommunity vessel fishing in Tanzania's fishing zone shall be the \n\nproperty of the Tanzanian authorities and shall be delivered, as \n\nsoon as possible and in the best possible condition, te a Tanzanian \n\nport free of charge. 8. Infringements \n\na) \n\nInfringements shall be penalised in accordance with Tanzanian \n\nlaw. b) \n\nThe Delegation of the Commission of the European Communities \n\nin Tanzania shall be notified within 48 hours of any alleged \n\ninfringement by a vessel holding a valid licence granted \n\nunder this Agreement together with a brief report of the \n\ncircumstances. ;Wfr~ \n\n/ \n\n\fi9 \n\n9. Inspection \n\nVessels shall also allow on board, and assist in the accomplishment \n\nof their duties, any other Tanzanian official responsible for \n\ninspection and monitoring. $f \n\n\f? ^ \n\nA P P E N D IX \n\nI \n\nAPPLICATION FOR A LICENCE TO FISH FOR TUNA IN \n\nTANZANIA'S FISHING ZONE \n\nP A RT A \n\nName of owner \n\nAddress of owner : \n\nBusiness address of owner \n\nP A RT B \n\nTo be compJeted \n\nfor each \n\nvessel \n\nI. Period of validity \n\n2. Name of vessel \n\n3. Year of construction \n\n\f4. Original flag country \n\n5. Currently flying the flag of \n\n6. Year of acquisition \n\n7. Port and Registration number \n\n8. Fishing method \n\n9. Gross Registered Tonnage (GRT) \n\n10. Radio call signal \n\n11. Overall length (M) \n\n12. Bow (M) \n\n13. Depth (M) \n\n14. Construction material of the hull \n\n15. Engine power (BHP) \n\n16. Speed (knots) \n\nl A \n\nSk \n\n\f{^-\n\n17. Cabin capacity \n\n18. Fuel tanks capacity (m ) \n\n19. Freezing capacity (tonnes/24hrs) and freezing system used \n\n20. Colour of the hull \n\n21. Colour of the superstructure \n\n22. Communication equipment on board \n\nType \n\nBrand \n\nModel \n\nPower ! Year of ; Frequencies; \n\n(Vatts\u00ef! Constru-I \n\n! ction \n\n! Rece-!Trans-! \n\n: \n\n: ption!miss ion \n\nW \n\n\fe i \n\n24. Navigation and detection equipment installed \n\nType \n\nBrand \n\nModel \n\nInitial applications must be accompanied by two side view colour \n\nphotographs of the vessel. I certify that the above particulars are correct. Date \n\nSignature : \n\n\f\fc S \n\nPROTOCOL SETTING OUT THE FISHING OPPORTUNITIES AND FINANCIAL \n\nPAYMENTS PROVIDED FOR UNDER THE AGREEMENT \n\nBETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND \n\nTHE UNITED REPUBLIC OF TANZANIA ON FISHING \n\nOFF TANZANIA \n\n\fic \n\nA R T I C LE \n\n1 \n\n1. Pursuant to Article 2 of the Agreement, and for a period of three \n\nyears from the date of its entry into force, the following fishing \n\npossibilities shall be accorded : \n\nfor ocean-going tuna seiners : licences for 46 vessels \n\nfor surface longliners fishing for tuna and other migratory species: \n\nLicences for 8 vessels. 2. In addition, consideration will be given, at the first or at a \n\nsubsequent meeting of the Joint Committee referred to in Article 8 \n\nof the Agreement, to granting authorisation for fishing \n\npossibilities for demersal and Crustacea species on terms to be \n\nestablished by that Committee including the corresponding Community \n\nfinancial compensation. A R T I C LE \n\n1. The financial compensation referred to in Article 7 of the Agreement \n\nshould be set at 1,050,000 ECU for the duration of this protocol, \n\nto be paid in three equal annual instalments. 2. This amount shall cover the fishing activities referred to in \n\nArticle 1 up to a catch weight in Tanzania's fishing zone of \n\n\f\"7 \n\n7,000 tonnes of tuna and other migratory species fished per year. If the annual amount caught by Community vessels in Tanzania's \n\nfishing zone exceeds this quantity, the above mentioned \n\ncompensations shall be increased by 50 ECU for each additional tonne \n\ncaught. 3. The use to which this compensation is put shall be the sole \n\ncompetence of Tanzania. 4. The financial compensation shall be paid into an account opened at \n\na financial institution or other body designated by Tanzania. A R T I C LE \n\n1. The Community shall also pay. during the period referred to in \n\nArticle 1, a contribution of 430. 000 ECU towards the financing of \n\nscientific and technical programmes (including equipment, \n\ninfrastructure, etc. ) in order to improve knowledge of fish stocks \n\nin Tanzania's fishing zone and the purchase and/or maintenance of \n\nequipment to improve the administrative structure relating to \n\nfisheries in Tanzania. Of this amount, up to 130. 000 ECU may be \n\nused, at the request of the Tanzanian authorities, to cover \n\nTanzania's contribution to international organisations responsible \n\nfor fisheries management and/or research in the Indian Ocean \n\n2. The competent Tanzanian authorities shall send to the Commission a \n\nbrief report on the utilisation of the funds. -\n\ntt \n\n\fs& \n\nThe Community's contribution to the scientific and technical \n\nprogrammes shall be paid on each occasion into an account specified \n\nby the Tanzanian Authorities. A R T I C LE \n\n4 \n\nThe two Parties hereby agree that an essential condition for the \n\nsuccess of their cooperation is that the skills and know-how of \n\npersons engaged in fishing be improved. To this end, the Community \n\nwill assist Tanzanian nationals in finding places in establishments \n\nin its Member States or States with which it has concluded \n\ncooperation agreements and will make available an amount of 200. 000 \n\nECU for study or practical training awards with a maximum duration \n\nof 5 years in the various scientific, technical and economic \n\nsubjects relating to fisheries. Of this amount, up to 50. 000 ECU \n\nmay be used, at the request of the Tanzanian authorities, to cover \n\nthe cost of attending international meetings relating to fisheries. A R T I C LE \n\n5 \n\nShould the Community fail to make the payments referred to in \n\nArticle 2 and 3, the Agreement on fishing may be suspended. T\u00b1 \n\n\f^3 \n\nF I N A N C I AL \n\nS T A T E M E NT \n\nDate \n\n1. Budget lins connected : \n\n422 \n\n2. Action : \n\n* EEC/Tanzania Fishing Agreement \n\n3. Legal basis : EE\u00c7/Tanzania Agreement on fishing in Tanzanian waters \n\n4. Objectives : Agreement, Protocols and Annex covering a period of three years \n\n- financial compensation - fishing rights \n- financing of a s c i e n t i f ic programme \n- financing of study grants \n\n5. Financial cfnseqran\u0153 : \n\nfor the marketing year current financial year \n\nf(allowing financial year \n\n(1990 \n\n(1991) \n\n560,000 ECU \n\n560,000 ECU \n\n5. 0 EJ\u00e7enditure \n\n-charged to the EC budget \n(refunds/interventions) \n\n-charged to national administr. -charged to other national groups \n\n5. 1 Receipts \n\n-own resources of the EC \n(levies/custons duties) \n\n-national \n\n5. 0. 1 Pluriannual pattern of expenditure \n5. 1. 1 Pluriannual pattern of receipts \n\n560. 000 ECU \n(annual average) \n\nYear \u2022\u2022\u2022IT**>\u2022 \u2022 \u2022 \u2022 \n\nYear \u2022 \u2022\u2022\u2022'\u2022%\u2022\u2022'\u2022\u2022\u2022\u2022 \n560. 000 ECU \n(annuat average) \n\nYear. J2??. 560. 000 ECU \n(annual average) \n\n5. 2 Method of calculation \n\n- Financial compensation - t o t al cost : 1,050,000 ECU \n350,000 ECU \n\n- annual cost : \n\n- Financing of s c i e n t i f ic programme : ^JQ^QQQ E CU o v er three years , averaging \n\ni*t\u00abj,jjj tLU per year \n\n_ Study grants ; 200^000 ECU over three vearsr averaging 66. 666 ECU per year. 6. 0 Financing possible with credits inscribed in relevant chapter of current budget? \n\n6. 1 Financing possible by transfer between chapters of current budget? \n\n6. 2 Necessity for a supplementary budget? \n\n6. 3 Credits to be written into future budgets? \n\nOooments : \n\nM / NO \n\nIlifcO \n\nm/to \nm^o \n\n\fETfJ. io \n\nCOMPETITIVENESS AND EMPLOYMENT IMPACT STATEMENT \n\nThe objt-ct of this measure is to obtain fishing possibi Li t S es for \n\nCommuni'. y fishermen. It will involve undertakings in certain \n\nobligations (e. g. the payment of licence fees) but these will be clearly \n\noutweighed by the benefit of increased employment which will result. RAPPORT DE L'IMPACT SUR LA COMPETITIVITE ET L'EMPLOI \n\nL'objet de cette mesure est d'obtenir des possibilit\u00e9s de p\u00eache pour \n\nles p\u00ea:heurs de la Communaut\u00e9. Cela inplique l 'engagement dans certaines obligations (entre autres \n\npaieme t des redevances de licences) mais celles-ci seront nettement \n\nd\u00e9pass\u00e9es par le b\u00e9n\u00e9fice de l'augmentation de l'emploi. in \n\nISSN 0254-1475 \n\nCOM(90) 244 final \n\nDOCUMENTS \n\nEN \n\nli 04 \n\nCatalogue number : CB-CO-90-269-EN-C \nISBN 92-77-61058-1 \n\nPRICE \n\n\u00cf -30 pages: 3. 50 ECU \n\nper additional 10 pages: 1. 25 ECU \n\nOffice for Official Publications of the European Communities \n\nL-2985 Luxembourg \n\nr"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/64fa6453-67cb-468b-a50b-e44456fc17c3", "title": "Written Question No. 1355/90 by Mr Llewellyn Smith to the Commission of the European Communities. Euratom safeguards report - paragraphs 72(b) and (c)", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,SMITH LLEWELLYN", "date": "1990-06-11", "subjects": "EAEC,nuclear fuel,nuclear safety,nuclear technology,report", "workIds": "celex:91990E001355", "eurovoc_concepts": ["EAEC", "nuclear fuel", "nuclear safety", "nuclear technology", "report"], "url": "http://publications.europa.eu/resource/cellar/64fa6453-67cb-468b-a50b-e44456fc17c3", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/a05de8e0-0182-4322-adcc-59459fc16d10", "title": "ORAL QUESTION DOCUMENT B3-1052/90 with debate, by Mrs CATASTA, Mr RAGGIO, Mr VAN VELZEN, Mrs SALISCH, Mr BONTEMPI, Mr VAN OUTRIVE, Mr CABEZON ALONSO, Mr BARROS MOURA, Mr VAN DIJK, Mr SU\u00c1REZ GONZ\u00c1LEZ, Mrs BURON, Mr PAPAYANNAKIS, Mr SPECIALE, Mr ALVAREZ DE PAZ, Mrs SANDBAEK, Mrs CRAMON DAIBER, Ms TONGUE, Mr PISONI, Mr LANGER, Mr HUGHES, Mrs VAN HEMELDONCK and Mrs ERNST de la GRAETE to the Commission: Immigrant workers from third countries", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_oral,http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "ALVAREZ DE PAZ,BARROS MOURA,BONTEMPI,BURON,CABEZON ALONSO,CATASTA,CRAMON DAIBER,ERNST DE LA GRAETE,European Parliament,HUGHES STEPHEN,LANGER,PAPAYANNAKIS,PISONI FERRUCCIO,RAGGIO,SALISCH,SANDBAEK,SPECIALE,SUAREZ GONZALEZ,TONGUE,VAN DIJK,VAN HEMELDONCK,VAN OUTRIVE,VAN VELZEN", "date": "1990-06-11", "subjects": "EU employment policy,admission of aliens,foreign national,illegal migration,immigration,integration of migrants,migrant worker,migration control,migratory movement,political asylum,political refugee,political rights,residence permit,right to vote,social rights,social security,working conditions,xenophobia", "workIds": "celex:91990O000148", "eurovoc_concepts": ["EU employment policy", "admission of aliens", "foreign national", "illegal migration", "immigration", "integration of migrants", "migrant worker", "migration control", "migratory movement", "political asylum", "political refugee", "political rights", "residence permit", "right to vote", "social rights", "social security", "working conditions", "xenophobia"], "url": "http://publications.europa.eu/resource/cellar/a05de8e0-0182-4322-adcc-59459fc16d10", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/b252a860-a3c9-412a-a29f-6b0b8cb84050", "title": "Written Question No. 1346/90 by Mr Llewellyn Smith to the Commission of the European Communities. EURATOM safeguards report - uranium mines and plants", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,SMITH LLEWELLYN", "date": "1990-06-11", "subjects": "France,Germany,United Kingdom,industrial building,mining operation,nuclear safety,uranium", "workIds": "celex:91990E001346", "eurovoc_concepts": ["France", "Germany", "United Kingdom", "industrial building", "mining operation", "nuclear safety", "uranium"], "url": "http://publications.europa.eu/resource/cellar/b252a860-a3c9-412a-a29f-6b0b8cb84050", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/9831aa13-f799-4fb5-8195-789cb34ea551", "title": "Written Question No. 1353/90 by Mr Llewellyn Smith to the Commission of the European Communities. EURATOM safeguards report - ' flag swaps'", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,SMITH LLEWELLYN", "date": "1990-06-11", "subjects": "confidentiality,nuclear fuel,nuclear safety", "workIds": "celex:91990E001353", "eurovoc_concepts": ["confidentiality", "nuclear fuel", "nuclear safety"], "url": "http://publications.europa.eu/resource/cellar/9831aa13-f799-4fb5-8195-789cb34ea551", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/a81f1834-8ab5-4053-950b-091f6f7d43b6", "title": "Written Question No. 1374/90 by Mr Carlos Robles Piquer to the Foreign Ministers meeting in European Political Cooperation. Encouragement of democratization in Mexico", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,ROBLES PIQUER", "date": "1990-06-11", "subjects": "Latin America,Mexico,agreement (EU),cooperation agreement,democratisation", "workIds": "celex:91990E001374", "eurovoc_concepts": ["Latin America", "Mexico", "agreement (EU)", "cooperation agreement", "democratisation"], "url": "http://publications.europa.eu/resource/cellar/a81f1834-8ab5-4053-950b-091f6f7d43b6", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/cadc627c-c606-49f5-8c3f-0371d37abe48", "title": "Written Question No. 1327/90 by Mr Pol Marck to the Commission of the European Communities. Effect of MCAs and export refunds for pigmeat", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,MARCK", "date": "1990-06-11", "subjects": "Denmark,Germany,export (EU),export refund,floating rate,health control,monetary compensatory amount,pigmeat,third country", "workIds": "celex:91990E001327", "eurovoc_concepts": ["Denmark", "Germany", "export (EU)", "export refund", "floating rate", "health control", "monetary compensatory amount", "pigmeat", "third country"], "url": "http://publications.europa.eu/resource/cellar/cadc627c-c606-49f5-8c3f-0371d37abe48", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/61ed9db5-f463-470f-8c9e-436ede993e82", "title": "ORAL QUESTION DOCUMENT B3-1049/90 with debate, by Mr POETTERING, Chairman of the Subcommittee on Security and Disarmament, Mr PENDERS, Mrs CASSANMAGNAGO CERRETTI, Mr PESMAZOGLOU, Mrs REDING, Mr ROBLES PIQUER, Mr KLEPSCH, Mr WHITE, Mr H\u00c4NSCH, Mr CRAMPTON, Mr NEWENS, Mr ROMEOS, Mrs van den BRINK and Mr PLANAS PUCHADES to the Foreign Ministers meeting in Political Cooperation: The Irish Presidency' s views on security policy cooperation in the context of EPC and the realignment of relations between states in Europe", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_oral,http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "CASSANMAGNAGO CERRETTI,CRAMPTON,European Parliament,HAENSCH,KLEPSCH,NEWENS,PENDERS,PESMAZOGLOU,PLANAS PUCHADES,POETTERING,REDING,ROBLES PIQUER,ROMEOS,VAN DEN BRINK,WHITE", "date": "1990-06-11", "subjects": "East-West relations,European political cooperation,European security,NATO,OSCE,Warsaw Pact Organisation,Western European Union,defence expenditure,disarmament,unification of Germany", "workIds": "celex:91990O000098", "eurovoc_concepts": ["East-West relations", "European political cooperation", "European security", "NATO", "OSCE", "Warsaw Pact Organisation", "Western European Union", "defence expenditure", "disarmament", "unification of Germany"], "url": "http://publications.europa.eu/resource/cellar/61ed9db5-f463-470f-8c9e-436ede993e82", "lang": "eng", "formats": ["print"]}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/e3269344-c3fe-4987-8e4d-2745b0f693f5", "title": "Written Question No. 1331/90 by Mr Ernest Glinne to the Commission of the European Communities. Cruelty to animals in certain Spanish towns and villages", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,GLINNE", "date": "1990-06-11", "subjects": "Spain,bull,customs and traditions,equidae,leisure,protection of animals", "workIds": "celex:91990E001331", "eurovoc_concepts": ["Spain", "bull", "customs and traditions", "equidae", "leisure", "protection of animals"], "url": "http://publications.europa.eu/resource/cellar/e3269344-c3fe-4987-8e4d-2745b0f693f5", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/7849a50f-1802-4a8a-bab1-2c452798fa39", "title": "RE-EXAMINED PROPOSAL FOR A COUNCIL DECISION ADOPTING A SPECIFIC RESEARCH AND TECHNOLOGICAL DEVELOPMENT PROGRAMME IN THE FIELD OF HEALTH: HUMAN GENOME ANALYSIS ( 1990-1991 )", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_decision_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1990-06-11", "subjects": "action programme,genetic engineering,public health,research and development,scientific progress", "workIds": "celex:51990PC0251,comnat:COM_1990_0251_FIN", "eurovoc_concepts": ["action programme", "genetic engineering", "public health", "research and development", "scientific progress"], "url": "http://publications.europa.eu/resource/cellar/7849a50f-1802-4a8a-bab1-2c452798fa39", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nCOM(90) 251 final - SYN 146 \n\nBrussels\u00bb 11 June 1990 \n\nRe-examined proposal for a \n\nCOUNCIL DECISION \n\nadopting a specific research and technological development \n\nprogramme in the field of health : Human Genome Analysis \n\n(1990-1991) \n\n(presented by the Commission pursuant to Article 149. 2(d) \nof the EEC treaty) \n\n\fEXPLANATORY MEMORANDUM \n\nOn 16 May 1990 the European Parliament In Its second reading of the \n\"Human Genome Analysis\" proposal (Initial proposal : COM(88)424, \nmodified proposal : COM(89)532) adopted eight amendments to the Common \nPosition. The Com\u00bbI\u00absion, \u00abhen defining its position, accepted six of these \namendMents. Consequently, pursuant to Article 149. 2(d) of the EEC Treaty, the \nCommission establishes Its re-examined proposal by Integrating \naccepted amendments into the Common Position of Council. Indeed, the \nCommission takes as a basis the Common Position since, as stated in \nits declaration to the European Parliament, the modifications Council \nintroduced in its modified proposal were accepted. Amendments of Parliament accepted by the Commission \n\nAmendment no. 1 : In conformity with the position taken at the \nfirst reading, the Commission accepts this amendment which \nmentions predictive medicine as an example of an area where \ncaut ion Is needed. Amendments nos. 2 and 4 : the Commission accepts to adopt, in one \nrecital, the substance of both these amendments which refer to \npositions of the E. P. regarding the ethical and legal aspects of \ngenetic engineering. The Commission cannot, for legal coherence \nand institutional reasons, Introduce these amendments in the \nlegal part of the text. Amendment no. 10 : the Commission accepts. It acknowledges the \nImportance of the pre-normatIve nature of research of which the \npre-competitIve nature is in any case obvious. Amendment no. 6 : the Commission accepts this amendment which \nmeans that medical applications can bear upon all cells, tissues \nor organs, except for germ cells (spermatozoa, oocytes). Amendment no. 14 : the Commission accepts this deletion amendment, \nthus avoiding any ambiguity concerning the meaning of the word \n\"Industrial\". Comments of the Commission on amendments of Parliament not accepted by \nthe Commission \n\nAmendment no. 3 : the Commission cannot accept this \nsubstance of which Is already covered by part 3 of \nthe Common Position (Implementation). amendment, the \nAnnex 11 of \n\nAmendment no. 5 : the Commission cannot accept this amendment. Its objective is of a horizontal nature, and already amply \ncovered by paragraphs 3. 1, 3. 3 and 4. 4 of Annex II of the Common \nPosition. The text of the re-examined proposal of the Commission Is to be found \nat Annex 1. The text of the amendments of Parliament which are not \naccepted by the Commission, Is to be found at Annex 2. y \n\nAnnex 1 \n\nThe Commission modifies its proposal as follows \n\nRecital no. 12 : \n\nWhereas, In the absence of clear standards and provisions concerning \npossible developments in the field of genome analysis, there may be a \nrisk on the one hand that attempts will be made to intervene in the \nhuman genome in order to make the modifications so obtained \nhereditary, and on the other hand that genetic analyses will be \ncarried out for monitoring purposes, which may have a profound effect \non social life; whereas there are, accordingly, good grounds for \ntaking the necessary steps to preclude unacceptable developments, \nparticularly in terms of predictive medicine: \n\nRecital no. 13 bis (new) \n\nWhereas, in the implementation of the programme, it is appropriate to \ntake account, in relation to the ethical and legal aspects, of the \nrecommendations expressed in the resolution of the European Parliament \nof 16 March 1989;(1> \n\n(1) O. J. no. C96 of 17. 04. 1989, page 165 \n\nAnnex II, section 4, pargraph 4. 1, second indent : \n\nthe launching of a programme of pre-normat ive research aiming at \nimprovement of the methods and basis of the study of the human \ngenome ; \n\nAnnex II, section 4, paragraph 4. 4, point (5) \n\n(5) That only somatIc actual or potential medical applications should \n\nbe faciIitated. Annex II, section 4, paragraph 4. 4, point (6) \n\nThe fol lowing sentence : \n\n\"(6) That potential opportunities for Industrial development should be \n\nobtained. \" \n\nis deleted. Annex 2 \n\nAmendment no. 3 \n\nANNEX II, point 2. 1 \n\n2. 1 IMPROVEMENT OF THE GENETIC MAP OF MAN \n\nFinancial support for a Europe-based world-wide network for the \ncollection and mapping of the DNA of large families on the \ncondition that the network and the members of the families \nstudied bv It conclude clear legal agreements on the nature of \nthe use and study of their DNA and the rights of those concerned \nIn respect of the use of the research results, which are also \nbinding on the research workers cooperating with the network. Amendment no. 5 \n\nANNEX II, point 4. 1, indent 3a (new) \n\ncontract for research into the reoutred legal, technical and \nhealth measures to prevent the misuse of scientific knowledge of. the human genome and Its possible applications. ISSN 0254-1475 \n\n* \n\nCOM(90) 251 final \n\nDOCUMENTS \n\nEN \n\n16 \n\nCatalogue number : CB-CO-90-266-EN-C \nISBN 92-77-61031-X \n\nPRICE \n\nJ \u2022 30 pages; 3. 50 ECU \n\nper additional 10 pages: 1. 25 ECU \n\nOffice for Official Publications of the European Communities \nL-2985 Luxembourg"}
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