PROPOSAL FOR A COUNCIL REGULATION ( EEC ) IMPOSING A DEFINITIVE ANTI-DUMPING DUTY ON IMPORTS OF SMALL-SCREEN COLOUR TELEVISION RECEIVERS ORIGINATING IN HONG KONG AND THE PEOPLE' S REPUBLIC OF CHINA AND COLLECTING DEFINITIVELY THE PROVISIONAL DUTY

China,Hong Kong,anti-dumping duty,free-at-frontier price,import,television equipment

China
Hong Kong
anti-dumping duty
free-at-frontier price
import
television equipment

COMMISSION OF THE EUROPEAN COMMUNITIES

C0M(91) 231 final

Brussels, 24 June 1991

t_-

^. Proposal for a

COUNCIL REGULATION (EEC!

imposing a definitive anti-dumping duty on imports of

small-screen colour television receivers originating in

Hong Kong and the People's Republic of China and

collecting definitively the provisional duty

(presented by the Commission)

- 2

EXPLANATORY M5MQRANPUM

1. By Regulation (EEC) No 129/91 the Commission Imposed a provisional

anti-dumping duty on imports of small screen colour television

receivers (hereafter SCTVs) originating In Hong Kong and the People's

Republic of China. That duty was extended for a maximum period of two

months by Regulation (EEC) No 250/91. 2. Following the imposition of provisional measures, the Commission has

continued its investigation and has examined the arguments of the

complainants and exporters which have demanded to be heard. 3. The findings made on dumping have, in general, been confirmed although

some adjustments have been made in response to arguments and data

presented by the parties. The most Important was that some

adjustments were made for differences in physical characteristics for

some models Imported from the People's Republic of China. 4. Provisional findings that the Community SCTV Industry has suffered

material Injury in terms of loss of sales volume and market share,

price undercutting, loss of profitability, accelerated relocation of

production with consequent loss of employment, were confirmed. It was

also confirmed that the dumped imports from Hong Kong and the People's

Republic of China had, in isolation, caused material Injury to the

Community SCTV Industry. Injury thresholds were calculated on the

basis of the undercutting found, expressed at a c. i. f. level. 5. In the provisional findings, dumping margins were established for the

Chinese exporters Individually. As the Chinese exporters cannot

independently fix the conditions for exporting their products, the

Commission considers appropriate to establish one dumping margin and

one duty for all Chinese exporters. Additionally, it is considered

that Individual duties could lead to circumvention of the duties as

all exports are controlled by a single body. - 3

However for two of the exporters which are Joint ventures with

Japanese participation, it was established that they cou id freely fix

their export prices and therefore Individual dumping margins and

duties were determined for them. 6. It is also confirmed - no new facts or arguments having been preser,u;o

- that it is In the Community's interest to eliminate the injurious

effects of the dumping determined. The benefits of such protection

for the current viability and future development of the Community SCTV

industry outweigh the temporary disadvantages to consumers of limited

price Increases for certain Imported SCTVs. 7. It Is proposed therefore to Impose definitive ant I-dumping duties

ranging from 2. 1% to 4. 8% on SCTVs from Hong Kong and from 7. 5% to

15. 3% on SCTVs from the People's Republic of China. It Is also proposed that the amounts secured by way of the provisional

duty should be collected up to the levels of the definitive duties

fInalI y determined. - 4 -

Proposal for a

COUNCIL REGULATION (EEC)

imposing a definitive anti-dumping duty on imports of

small-screen colour television receivers originating In

Hong Kong and the People's Republic of China and

collecting definitively the provisional duty

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on

protection against dumped or subsidized imports from countries not members
of the European Economic Community^1), and in particular Article 12

thereof,

Having regard to the proposal from the Commission submitted after

consultation within the Advisory Committee as provided for under the above

Régulât ion,

Whereas:

A. PROVISIONAL MEASURES

(1)

The Commission, by Regulation (EEC) No 129/91( 2 ), (hereinafter the

Provisional Duty Regulation), imposed a provisional anti-dumping

duty on imports into the Community of small-screen colour television

receivers (hereinafter referred to as SCTVs) originating In Hong

Kong and the People's Republic of China and corresponding to CN code

(1)

(2)

OJ No L 209, 2. 1. 1988, p. 1. OJ No L 14, 19. 1. 1991. p. 31. 5 -

S528 10 71. The Council, by Regulation

(lEEC) No 1283/91<3>

extended this duty for a period not exceeding two montre-*

B. SUBSEQUENT PROCEDURE

Following the imposition of the provisional anti-dumping duty, *'

interested parties who so requested were granted an opportun sty to

be heard by the Commission. They also made written submissions

making known their views on the findings. Upon request, parties were informed of the essential facts and

considerations on the basis of which it was intended to recommend

the imposition of definitive duties and the definitive collection of

amounts secured by way of a provisional duty. They were also

granted a period within which to make representations subsequent to

the disclosure. The oral and written comments submitted by the parties were

considered and, where appropriate, the Commission's findings were

modified to take account of them. Due to the complexity of the proceeding, in particular to the

detailed verification of the voluminous data involved and the

numerous arguments put forward, including the study of related

issues which arose during the proceeding and which could not have

been foreseen at its outset, the investigation could not be

concluded within the normal time limit as was mentioned in Recital 5

of the Provisional Duty Regulation. (3)

OJ No L 122, 17. 5. 1991, p. 1. - 6 -

C. PRODUCT UNDER CONSIDERATION

ORIGIN FOR CUSTOMS PURPOSES

In its provisional findings the Commission, subsequent to a claim

made by a Hong Kong producer exporter and consistently with the
conclusions in Council Regulation (EEC) No 1048/90<4) imposing

definitive anti-dumping duties on imports of SCTVs originating in

the Republic of Korea, decided to exclude from the scope of the

proceeding SCTVs with a diagonal screen size of 15. 5 cm (six inches)

or less. As no objections by any of the interested parties have been made to

this course of action, the Council confirms the conclusions

contained in Recitals 6, 7 and 8 of the Provisional Duty Regulation,

as well as the conclusions set out in Recitals 9 and 10 of that

Regulation concerning the consideration of SCTVs produced by the

Community industry, as like products to the SCTVs exported from Hong

Kong and China and the origin of those SCTVs. No comments were

received from interested parties on those conclusions. D. DUMPING

a. Normal value

For the purpose of definitive findings, normal value was, in

general, established on the basis of the same methods as those used

in the provisional determination of dumping, after taking into

consideration new facts and arguments presented by the parties. (4)

OJ No L 107, 27. 4. 1990, p. 56. - 7 *

!)

Hgpg Kçng

One of the Hong Kong exporters claimed that normal value, which hid

been established for OEM sales on the basts of the resale price of a

related trading company to the first independent purchaser adjust*?

by the allowable selling expenses - as mentioned In Recital 13 of

the Provisional Duty Regulation - should have been established on

the basis of the sales to the trading company which should be

considered as unrelated, and that the commissions paid to the

trading company should have been deducted from the normal value. The Commission considers that there is no Justification for treating

the trading company as an unrelated company. The trading company

and the producer are both fully owned subsidiaries of the same

parent company. It does not perform any activities apart from

trading and selling and carried out all the producer's sales of the

product concerned in the domestic market during the reference

period. Even if it was admitted that, as this exporter claims, the

manufacturing company carried out certain selling activities, it

would still be true that the trading company performed selling

activities normally carried out by a sales department of the

manufacturer and this would fully Justify its consideration as a

related sales company. In these circumstances, the Commission confirms its consideration of

the two companies as forming part of the same economic entity and

its determination of normal value as described in Recital 13 of the

Provisional Duty Regulation. The Council confirms these conclusions. Another Hong Kong exporter contested tho method used to establish

the constructed values. It argued that the sales, general and

administrative expenses and the profit which had been used in

constructing the values, as explained in Recital 16 of the

Provisional Duty Regulation, were excessive and did not adequately

reflect its situation, mainly because the company whose SG & A

expenses had been used was a Stock Exchange listed company and

therefore required a larger and more specialized staff. The Commission considers that the arguments put forward by the

exporter are not duly Justified. The mere a I legation that a Stock

Exchange listed company requires a larger and more specialized staff

than a comparable fully private Company cannot be considered

sufficient argument to reduce the SG & A expenses used by the

Commission on constructing the value. The investigation carried out

by the Commission shows that this Company and the one of which the

SG t A expenses were taken in order to construct the normal value,

may be consi red comparable as far as costs and type of operation

are concerned. No Justifiable argument to the contrary has been put

forward. In any event, this latter Company was the only one with

domestic sales on an OEM basis which could be considered

representative since they exceeded 5% in volume of the sales on the

same basis to the Community market. It was therefore considered

that this Company's figures which were verified by the Commission,

form the most reasonable basis for the addition of SG ft A expenses

to manufacturing costs as provided for by Article 2(3)(b)(ii) of

Regulation (EEC) No 2423/88. As far as profit is concerned, this exporter argued that the profit

margin taken into consideration (i. e. 5%) should not be the same as

the one which had been used in the previous investigation concerning

9 -

the Republic of Korea, the Hong Kong market being more competitive

and having lower profit margins. The Commission considers that this

argument neglects the fact that the Commission investigation, as

indicated In Recital 15 of the Provisional Duty Regulation, showed

that the profit margin of the soie Company with representative OEM

sales in the domestic market exceeded the 5% profit margin retained. The Council confirms these conclusions. M)

People's Republic of China

10

No comments from any of the interested parties were received

concerning the way in which the Commission had established normal

values for all export sales from the People's Republic of China to

the Community on the basis of the constructed values for comparable

models manufactured in Hong Kong as set out in Recitals 17 and 18 of

the Provisional Duty Regulation. The Council confirms these conclusions. b. Export price

i)

Hong Kong

11

For purposes of the Provisional Duty Regulation the export prices

were established on the basis of the prices paid or payable for

export as all export sales were made either directly to unrelated

importers or through unrelated trading companies in Hong Kong. No

comments from any party have been made on this course of action and

10 -

the Council confirms the conclusions of the Commission as set out in

Recital 19 of the Provisional Duty Regulation. N)

People's Republic of China

12

The export prices for the Chinese exporters have been establI shed on

the basis of prices paid or payable where no related importers were

involved and on the basis of resale prices to the first independent

buyer adjusted to take account of all costs incurred between

Importation and resale including customs duties and a 10% profit on

turnover where exports were made to related importers as was the

case for FuJIan Hitachi Television Co Ltd and Huaquiang Sanyo

Electronics Co ltd as described in Recitals 20 and 21 of the

Provisional Duty Regulation. 13

One of the exporters considered that the profit margin used in the

construction of the export price could not be considered reasonable. In support of its consideration it was argued by the exporter that a

5% profit margin had been used in previous proceedings Involving

consumer products, that SCTVs were a mature and well established

product, the 10% margin being therefore unrealistic, and that the

margin of 10% was not adapted to the size and organization of the

related importers Involved. The Commission notes, however, that it has been consistent in its

approach with the methodology used in the previous investigation

concerning SCTVs originating in the Republic of Korea. The

Commission does not contest the fact that the current generation of

SCTVs can be considered as a technologically-mature product but this

does not preclude the fact that the SCTV sector was, during both

11 -

reference periods for the Korean and the Chinese and Hong Kong

Investigation, quite buoyant and profitable for

independent

importers. In this respect, it should be noted that in the case of

imports of another consumer electronic product whose investigation

period corresponded

in large part to that of the Korean

investigation a rate higher than 10% was used for definitive

determinations. The information collected and verified from independent Importers in

the course of this proceeding has shown that the level of profit

during the reference period did not depart significantly from that

observed and used for definitive determinations In the Korean

proceeding and therefore the use of a different profit rate was not

Justified. As far as the size and the organisation of the related

importer are concerned, the Commission retained the profit of one

independent importer as explained in Recital 17 of Regulation (EEC)

No 1048/90, whose structure and size are comparable to both the

related importers Involved in that proceeding and those related

importers involved In the present proceeding. This independent

importer is of considerable size, is well established in the

Community market, possesses an important network, deals with a wide

product range and sells its products under a very well known brand

name. These are obviously characteristics which are also common to

the related importers and therefore the Commission considers that

the size and organization aspects have been properly taken into

account. In the light of these considerations and those set out in Recitals

20, 21 and 22 of the Provisional Duty Regulation, the Council

confirms the Commission's findings and conclusions. - 12 -

c. ComparIson

14

As explained in the Provisional Duty Regulation at Recitals 23 to

27, all comparisons were made at the ex-works level for the exports

originating in Hong Kong and at f. o. b. level for the exports

originating in the People's Republic of China. For the purposes of

ensuring a fair comparison between normal value and export prices,

the Commission took account where appropriate of differences

affecting price comparability, such as differences in physical

characteristics and selling expenses, where a direct relationship

between these differences and the sales under consideration could be

satisfactorily demonstrated. Under the heading of selling expenses

for export sales of Hong Kong exporters, adjustments were made for

differences in commissions, transport, insurance, handling, loading

and ancillary costs, payment terms, warranty expenses and salesmen's

salaries and for export sales of Chinese exporters adjustments were

made for differences in warranty expenses. i)

Hong Kong

15

One of the Hong Kong exporters disputed the calculations made by the

Commission in the determination of the cost of transporting the

exported product to the Community. The Commission informed this

exporter in writing of the basis of its calculation. The same

exporter also disputed the allowance made by the Commission for

salesmen's salaries on the export price on the grounds that these

were not true salesmen. The Commission informed the exporter in

writing that the results of the investigation had shown that these

salesmen were wholly involved in direct selling activities and

explained the basis for the allocation made on calculating the

- 13

amount of the allowance, «o further comments on any of these points

were received by the Commission. 16

Another Hong Kong exporter claimed that a number of adjustments for

differences in physical characteristics should have been made with

regard to the model used in the calculation of the constructed value

referred to in Recital 16 of the Provisional Duty Regulation. It

alleged, in particular, that the model on which the constructed

value had been based may have obtained approval in accordance with

German certification practice and may have been equipped with an

indoor rod antenna component. The Commission cannot accept this claim as it could not obtain

confirmation

as to whether

the alleged

certification and

incorporation of antenna actually existed and,, if so, on what

factual basis these adjustments should have been made and what

impact those differences would have had on the price comparability. In any event, even if it was established that all mode is exported to

Germany had obtained that approval, that all models were equipped

with the indoor rod antenna component and that the costs indicated

by this exporter were correct, the impact on the outcome of the

investigation would be negligible. M>

People's Republic of China

17

The China Commercial Chamber of Audio-Video Products Exporters

requested through its legal representative that a number of

adjustments for physical characteristics be made on the models used

in the calculation of the constructed value referred to in Recital

17 of the Provisional Duty Regulation. In particular, the Chamber

requested adjustments for the lack of cable tuner and earphone Jack

and for the different number of preselections, differences in

- 14 -

sound output available and differences in outlook and design. The

Commission, in view of the arguments presented by the Chamber,

recognized that a cable tuner was a feature relevant to consumers in

Hong Kong and agreed to make the appropriate adjustment. The rest

of the claimed allowances could not, on the contrary, be accepted by

the Commission as they did not prove to be duly Justified:

the sound output available was considered not to be of

relevance to consumers;

a large majority of the units exported from the People's

Republic of China were equipped with earphone Jacks;

due to the limited number of channels available for viewing in

Hong Kong during the reference period the discussed number of

preselections was irrelevant and

in so fr as the outlook was concerned, it appeared that the

cost of manufacturing a conventionai-look receiver in Hong

Kong was higher than that of a monitor-look receiver and that

for comparable models of two of the Hong Kong exporters

involved in the proceeding, the price of the conventionaI-look

model was higher than that of the monitor-look model. For all those reasons, only the request for the cable tuner

adjustment can be accepted by the Commission which must reject

the other claims. The Council confirms these conclusions. - 15 -

d. Dumping margins

18

Export prices were compared on a transaction by transaction basis

with normal values for each of the exporters concerned with the

exception mentioned below. The final examination of the facts shows

the existence of dumping in respect of SCTVs originating in Hong

Kong and the People's Republic of China from all the exporters

involved, the margin of dumping being equal to the amount by which

the normal value as established exceeds the price for export to the

Community. 19

In its provisional findings contained in Recital 28 of the

Provisional Duty Regulation, the Commission established five

individual dumping margins for each of the Chinese exporters who had

cooperated in the investigation. However, for the purposes of

definitive findings, the Commission took the view that a single

dumping margin should be established for all the Chinese exporters

with the exception of the two Sino-Japanese Joint venture exporters. This is Justified by the fact that the Chinese exporters, even if

they appear as independent companies which invoice their customers

directly, have in fact a very limited, if any, degree of

independence in their relationship with importers in other countries

as they lack the possibility of establishing export prices and any

other conditions or terms of sales by themselves. The three

cooperating Chinese exporters (i. e. China Great Wall Industry

Corporation, China National Electronics Import & Export Corporation

and China National Light Industrial Products Import & Export

Corporation) are members of the China Commercial Chamber of Audio

and

Video

Products

Exporters who acknowledged

during

the

investigation that the export of SCTVs from all their members was

made under their strict control. It was also declared by the

Chamber that all exporters had to be members of the Chamber and that

- 16 -

only the Joint ventures could export and

import

products

independently. In addition, the Commission considered that maintaining individual

dumping margins for the Chinese exporters subject to the control of

the Chamber could provide an opportunity for circumvention as

exports to the Community could be channelled through the company

with the lowest dumping margin. The lack of independence of these exporters in conducting their

export policy

is further confirmed by the fact that the

representation of the three Chinese exporters in this proceeding has

been carried out by the Chamber and its legal representatives which

at all times have submitted Joint arguments and considerations for

all three exporters without individualizing any positions. In these

circumstances, the Commission considered that the establishment of

three individual dumping margins led to purely arbitrary results

which were net Justified and that a single dumping margin, obtained

by comparing all export transactions of the three Companies with the

normal values, should be established. All the cooperating Chinese

exporters were informed by the Commission of its intention to follow

this course of action. 20

In so far as the other two Chinese exporters are concerned (i. e. the

two Sino-Japanese Joint ventures) the Commission was able to

establish to its satisfaction that these companies, even if they did

not operate fully on a market economy basis, enjoyed a high degree

of independence in their operations basically because they were able

to import components and export finished products without control

from the Chamber or from any other body. Furthermore, the fact that

these companies were able to transfer their profits, subject to

certain administrative requirements, out of the People's Republic of

- 17

China, ensured that these profit-oriented companies enjoyed a

sufficient degree of independence which Justifies their individual

treatment. For these reasons the Commission considered that

individual dumping margins should be established for the two Joint

venture exporters who cooperated with the investigation by comparing

the normal values and the export prices established on the basis set

out in Recitals 10 and 12. The Council confirms the above conclusions in Recitals 18, 19

and 20. 21

The weighted average margins, expressed as a percentage of c. i. f. frontier prices varied according to exporter as follows:

i. Hong Kong

Cony Electronic Products Ltd

Hanwah Electronics Ltd

Kong Wah Electronic Enterprises Ltd

Koyoda Electronics Ltd

'

Luks industrial Co Ltd

Tai Wah Television Industries Ltd

3. 19

4. 88

3. 13

4. 61

4. 17

2. 16

i I. People's Republic of China

Fujian Hitachi Television Co Ltd

Huaquiang Sanyo Electronics Co Ltd

All other cooperating Chinese

exporters

17. 04

7. 55

15. 31

- 18 -

E. INJURY

22

The Commission concluded in its provisional findings that the

Community SCTV industry had suffered material injury. It based this

finding principally on the Hong Kong and Chinese exporters' rapid

increase in volume of exports and in market share, the price

undercutting practised by these exporters in the Community market

and the price erosion resulting therefrom for the complainant

producers' selling prices. In addition, further relocation of

Community industrial capacity in third countries was foreseeable

with consequent loss of Community employment and the continuation of

the significant losses incurred by the complainant Community

producers which increased dramatically in 1988. 23

No new facts concerning these findings were submitted to the

Commission after the publication of the Provisional Duty Regulation. Some exporters, both Chinese and from Hong Kong contested the

cumulation o; imports from both countries effected by the Commission

when assessing the impact of dumped imports on the Community

industry. The Commission, however, maintains its arguments set out

in Recitals 30 and 31 of the Provisional Duty Regulation, i. e. that

the SCTVs exported by both countries are homogenous and similar to

the Community products, that they competed with each other and with

the Community products and were sold through the same distribution

channels and that the volumes imported from each of the two

countries taken in isolation can, in no way, be described as

negligible. In addition, the Commission notes that the market

behaviour of the Chinese and the Hong Kong exporters can be

considered very similar. In these circumstances, in accordance with

the standard practice in antI-dumping proceedings, it is considered

appropriate to cumulate the injurious effect of imports from Hong

Kong and from the People's Republic of China. 19 -

24

Some exporters contested the model comparison which formed the basis

for the Commission's analysis of undercutting. Their arguments on

the question referred basically to the fact that the Community

models used in the comparison offered an enhanced appeal to

consumers as a result of the presence of a number of features or

characteristics incorporated in them and which were lacking in the

exported models. The China Commercial Chamber of Audio and Video Products Exporters

argued that the Community models which had been used for the price

undercutting comparison contained more and better features than the

Chinese models with which they had been compared and proposed that

either adjustments on the basis of market value differences should

be made or that all Chinese models should be compared to the lowest

featured of the Cor*; «unity models used in the comparison. The

Commission considered that accepting adjustments on the model

comparison would imply a significant departure from the methodology

used in the recent SCTVs Korean investigation which was confirmed in

the present investigation. This methodology has not been challenged

by any of the parties involved in either proceeding with the

exception of the Chamber. Furthermore, it was considered that the

wide variety of models and of technical characteristics would make a

comparison based on adjustments too complicated and unworkable. However, the Commission, recognizing that some of the Community

models used in the comparison may be over featured in relation to the

Chinese models, has proceeded to compare all but one of the Chinese

models, with the exception of those exported by the Joint venture

exporters, with the lowest-featured Community models. 25

On that basis and applying the method of comparison explained in

Recital 39 of the Provisional Duty Regulation, the overall average

- 20 -

undercutting results expressed at c. l. f. level is 16. 85% for the

exporters represented by the China Commercial Chamber of Audio and

Video Products Exporters. For all the other exporters the undercutting comparison findings as

set out in Recital 40 of the Provisional Duty Regulation are hereby

confirmed. 26

No other arguments nor facts concerning determination of injury were

presented to the Commission. The Council confirms the conclusions of the Commission as set out in

Recitals 30 to 39 and 41 to 48 of the Provisional Duty Regulation

and in Recitals 22 to 25 of this Regulation. \

27

In Recitals 49 to 53 of the Provisional Duty Regulation, the

F. CAUSATION OF INJURY

Commission concluded that the cumulated dumped imports from Hong

Kong and the People's Republic of China had caused material injury

to the Community industry. The Commission found that the rapid

increase of Hong Kong and Chinese low priced imports coincided with

an equally rapid loss of market share by the Community industry,

price erosion for the Community's SCTV models and heaviIy-increased

financial losses on the part of Community companies together with an

accelerated relocation of Community producers' assembly facilities

outside the Community. In this respect, the Commission notes that prices play a very

important role in the market and price undercutting due to dumping

has therefore an immediate negative effect on the prices practised

by the Community industry. It should be stressed, as already

- 21 -

indicated in Recital 40 of the Provisional Duty Regulation, that the

effects of the price undercutting found do not refer only to the

models of SCTVs in the Community which may be considered to be

directly comparable to the Hong Kong and Chinese exports, but that

they apply to the whole range including the newest and most enhanced

models. Undercutting at the lower-priced end of the range - the

major volume market segment - naturally has a depressive effect on

price throughout the whole SCTV range by reducing the consumer's

perception of the value of the product and of the different features

of the various models. No new facts nor new arguments concerning these findings were

submitted to the Commission after the publication of the Provisional

Duty Regulation. The Council therefore confirms the conclusions of

the Commission as set out in Recitals 49 to 53 of the Provisional

Duty Regulation. G. COMMUNITY INTEREST

28

No further facts or arguments concerning this subject were submitted

to the Commission by any of the parties. The Council therefore

confirms the Commission's conclusions set out in Recitals 54 to 57. -"*- =~«K. &r

of the Provisional Duty Regulation, that it is in the Community's

interest to eliminate the injurious effects to the Community

industry of the dumping determined. The benefits of such protection

for the current viability and future development of that industry

outweigh the possible disadvantages, of a temporary nature, for the

consumer in terms of limited price increase for certain Imported

SCTVt. - 22 -

H. DUTY

29

Provisional measures took the form of anti-dumping duties. These

were imposed at the level of the dumping margins determined, with

the exception of one Chinese Joint venture exporter for which the

level imposed was that adequate to remove the injury caused. 30

Although the Commission's findings on injury set out in the

Provisional Duty Regulation have now been modified, the level of

duty necessary to remove the injury remains higher than the dumping

margin definitively determined, with the exception of one Chinese

Joint venture exporter. Therefore, duties should be imposed at the

level of the dumping margins found except for FuJIan Hitachi

Television Co Ltd for whom the duty should be imposed at a level

sufficient to eliminate the price undercutting. 31

As explained above in Recital 19, the Commission decided to

establish a single dumping margin for all the Chinese exporters with

the exception of the two Joint ventures concerned and, consequently,

a single duty was established for these companies. The Council confirms these conclusions. I. COLLECTION OF PROVISIONAL DUTIES

32

In view of the dumping margins established, and the seriousness of

the injury caused to the Community industry, the Council considers

it necessary that amounts collected by way of provisional anti

dumping duties should be definitively collected to the extent of the

amount of the duty definitively imposed. HAS ADOPTED THIS REGULATION:

- 23 -

Article 1

1. A definitive anti-dumping duty is hereby imposed on imports of

small-screen colour television receivers with a diagonal screen size of

more than 15. 5 cm but no greater than 42 cm, whether or not combined in the

same housing with a radio broadcast receiver and/or a clock, falling within

CN code ex 8528 10 71 (Taric code: 8528 10 71*10) and originating In

Hong Kong or in the People's Republic of China. 2. The rate of duty shall be 4. 8% of the net free-at-Community-front 1er

price before duty for products originating in Hong Kong (Taric additional

code: 8500) and 15. 3% of the net free-at-Community-front1er price before

duty for products originating in the People's Republic of China (Taric

additional code: 8506). However, the rates of duty for products specified in paragraph 1 and

manufactured and sold for export by the following companies shall be as set

out below, expressed as a percentage of the net, free-at-Community-frontier

price before duty:

Rate of duty Taric additional

£ojje_

a. Hong Kong

Cony Electronic Products Ltd

Hanwah Electronics Ltd

Kong Wah Electronic Enterprises Ltd

Koyoda Electronics Ltd

Luks industrial Co Ltd

Tai Wah Television Industries Ltd

3. 1

4. 8

3. 1

4. 6

4. 1

2. 1

8494

8495

8488

8497

8498

8499

- 24 -

b. People's Republic of China

FuJIan Hitachi Television Co Ltd

Huaquiang Sanyo Electronics Co Ltd

13. 1

7. 5

8504

8505

3. The provisions in force concerning customs duties shall apply. Article 2

The amounts collected or secured by way of provisional anti-dumping duty

under Regulation (EEC) No 129/91 shall be collected at the rates of duty

definitively imposed where the definitive rate of duty is lower than the

provisional anti-dumping duty and at the rates of provisional duty in all

other cases. Secured amounts which are not covered by the rates of duty

definitively imposed shall be released. Article 3

This Regulation shall enter into force on the day following that of its

publication in the Official Journal of the European Communities. This Regulation shall be binding In its entirety and directly applicable in

a 11 Member States. Done at Brussels,

For the Council

The President

- 25 -

ISSN 0254-1475

COM(91) 231 final

DOCUMENTS

EN

02

Catalogue number : CB-CO-91-277-EN-C

ISBN 92-77-73603-8

Office for Officia] Publications of the European Communities

L-2985 Luxembourg


WRITTEN QUESTION No. 1314/91 by Mr Luigi VERTEMATI to the Commission. Use of anabolic substances in sport


WRITTEN QUESTION No. 1340/91 by Mr Jaak VANDEMEULEBROUCKE to the Council. Decisions of the Council of Europe on minorities

Council of Europe,international meeting,national minority

Council of Europe
international meeting
national minority


WRITTEN QUESTION No. 1339/91 by Mr Jaak VANDEMEULEBROUCKE to the Commission. Decisions of the Council of Europe on minorities

Council of Europe,EC Directive,OSCE,interinstitutional relations,national minority

Council of Europe
EC Directive
OSCE
interinstitutional relations
national minority


Commission Regulation (EEC) No 1787/91 of 24 June 1991 on the sale by tender, for processing in the Community, of bone-in beef held by the United Kingdom intervention agency

United Kingdom,award of contract,beef,food processing,intervention stock

United Kingdom
award of contract
beef
food processing
intervention stock


Commission Regulation (EEC) No 1804/91 of 24 June 1991 re-establishing the levying of customs duties on products of category 16 (order No 40.0160), originating in Thailand, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3832/90 apply

Thailand,restoration of customs duties,tariff preference

Thailand
restoration of customs duties
tariff preference


Council Regulation (EEC) No 2092/91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs

agricultural product,foodstuff,free movement of goods,labelling,organic farming

agricultural product
foodstuff
free movement of goods
labelling
organic farming


WRITTEN QUESTION No. 1319/91 by Mr Karel PINXTEN to the Commission. Netherlands banking sector -special annual levy on accounts of non-residents employed in the Netherlands

Netherlands,bank charges,bank deposit,free movement of capital,migrant worker,residence

Netherlands
bank charges
bank deposit
free movement of capital
migrant worker
residence


AMENDED PROPOSAL FOR A COUNCIL DECISION ADOPTING A SPECIFIC RESEARCH AND TECHNOLOGICAL DEVELOPMENT PROGRAMME IN THE FIELD OF HUMAN CAPITAL AND MOBILITY ( 1990-1994 )

industrial development,research and development,research staff,vocational training

industrial development
research and development
research staff
vocational training

s

COMMISSION OF THE EUROPEAN COMMUNITIES

C0M(91) 234 final - SYN 270

Brussels, 24 June 1991

Amended Proposal for a

COUNCIL DECISION

adopting a specific research and technological development

programme in the field of human capital and mobility

(1990-1994)

(presented by the Commission pursuant to Article 149(3)

of the EEC Treaty)

Explanatory Memorandum

On the 28 May 1990, the Commission presented the "Proposal for a
Council Decision on a specific research and technological development
programme in the field of Human Capital and Mobility". Essentially, the amendments adopted by the European Parliament on the
content of the Programme aim to bring its content closer to the
priority accorded to the strengthening of the Community's Human Capital
in the area of science and technology. The Parliament also defined the indicative allocation of expenditure
mentioning, where relevant, the percentage of the expenditure destined
for the researchers themselves. Finally, the Parliament took into account certain points resulting from
the agreement reached between the Council, the Parliament and the
Commission on 17 April last ("Trilogue"). In accordance with the "tri logue" of 17 April, the Commission withdrew
amendments no. 3 (on condition that it is reformulated to conform
precisely with the "tri logue" of 17 April 1991), 11, 14 (second part)
and 16. On the other hand, taking into account the agreement of 17 April 1991,
the Commission was unable to accept amendments no. 1, 12, 13, 14 (first
part), 15, 18 (paragraph on staff) or the paragraph on the
dissemination of knowledge in amendment no. 19. Concerning the specific amendments relating to the scientific and
technical content of the Programme, the Commission accepted amendments
no. 2, 4 to 10, 17 (provided that the paragraph on the eastern European
countries and those on the form and nature of networks are
reformulated), 18 (except that part which is of a horizontal nature,
already quoted). On the other hand the Commission cannot give its
approval to the part of amendment no. 19 which is concerned with the
selection procedure for grant recipients, this being impracticable and
d i ff icu11 to manage. In order to take into account the amendments of the European
Parliament, the Commission is presenting a modified proposal to the
Council based on Article 149, paragraph 3 of the E. E. C. Treaty which
will include all of the elements of the agreement of the 17 April. - 1 -

Modified proposal for a

COUNCIL DECISION

adopting a specific research and technological development

programme in the field of Human Capital and Mobility

(1990-1994)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

and In particular Article 130q(2) thereof,

Having regard to the proposal from the Commission,*1)

In cooperation with the European Par I lament,(2)

Having regard to the opinion of the Economic and Social Committee,^3)

(1 ) 0J No C
(2) OJ No C
(3) OJ No C 332, 31. 12. 90, p. 45. - 2 -

Whereas, by its Decision 90/221/Euratom, EEC( 4 ), the Council adopted a

third framework programme for Community activities in the field of research

and technological development (1990-94), specifying inter alia the

activities to be pursued for the management of intellectual resources

(human capital and mobility); whereas this Decision should be taken in the

light of the grounds set out in the preamble to that Decision;

Whereas Article 130k of the Treaty stipulates that the framework programme

is to be implemented through specific programmes developed within each

act ivi ty;

Whereas the Joint Research Centre shall contribute through its own

programme to the implementation of the aforesaid activities;

Whereas, pursuant to Article 4 and Annex I of Decision 90/221/Euratom, EEC,

the amount deemed necessary for the whole framework programme includes an

amount of 57 million ecus for the centralized dissemination and

exploitation of results, to be divided up in proportion to the amount

envisaged for each of the actions;

Whereas in the context of this programme an assessment should be made of

the economic and social impact as well as any eventual technological risks;

Whereas the training of young European scientists is one of the priorities

of the third Framework Programme as is the mobility of research staff and

the creation of scientific and technological cooperation networks;

Whereas any action designed to exploit the potential of the Community's

intellectual resources must essentially be of benefit to the scientists and

researchers themselves;

(4) OJ No L 117, 8. 5. 1990, P. 28. - 3

Whereas a further objective of this programme should be the creation of a

"researchers' Europe", through the internationalization of their advanced

training, enabling it to take place outside their Member State of origin;

Whereas a suitable application of the subsidiarity principle in this field

implies the extending of training received by young researchers in their

own country by enabling them, through traineeships made available by the

Community to develop a research activity in a team or laboratory of

excellence situated in another Member State;

Whereas in order to increase and improve the supply of host opportunities,

it would appear useful also to provide for networks of associated teams or

laboratories of excellence and for possibilities for access to major

installat ions;

Whereas the JRC with its laboratories and installations can effectively be

included among those organisations capable of playing an important role in

the training of young researchers;

Whereas it is appropriate to adopt decentralised methods of selecting

candidates thereby closely associating teams or laboratories of excellence

with the implementation of this action-,

Whereas the setting up of the network infrastructure is of crucial

importance for the achievement of the objectives of the Community's R&TD

policy, since it will consolidate and supplement the structuring effects of

the thematic programmes;

Whereas the Scientific and Technical Research Committee (CREST) has been

consul ted,

HAS ADOPTED THIS DECISION:

- 4 -

Article 1

A specific research and technological development programme for the

European Economic Community in the field of human capital and mobility, as

defined in Annex I, Is hereby adopted for a period commencing on. (date

of adoption by Council) and ending on 31 December 1994. Article 2

1. The funds estimated as necessary for the execution of the programme

amount to 488. 07 million ecus. This includes funds for personnel and

administration, of an amount of 15 million ecus. 2. An indicative allocation of funds is set out in Annex II. 3. If the Council takes a decision in application of Article 1(4) of

Decision 90/221/Euratom, EEC, this decision shall be adapted to take

into account the aforementioned decision. Art icle 3

1. Rules for the implementation of the programme are set out in Annex III

2. The rate of the Community financial contribution shall be laid down in

accordance with Annex IV to Decision 90/221/Euratom, EEC. - 5 -

Article 4

1. During the second year, the Commission shall review the programme and

address a report to the Council and the European Parliament on the

results of the review together with a proposal for any necessary

changes. 2. At the end of the programme the Commission, by means of a group of

independent experts, shall assess the results. The report of the

group, together with the observations of the Commission, shall be

presented to the Council and the European Parliament. 3. The reports mentioned in paragraphs 1 and 2 shall be drawn up having

regard to the objectives set out in Annex I to this Decision and in

accordance with Article 2(4) of Decision 90/221/Euratom, EEC. Art icle 5

1. The Commission shall assure the implementation of the programme. 2. Contracts concluded by the Commission shall govern the rights and

obligations of each party, in particular the arrangements for the

dissemination, protection and exploitation of research results, in

accordance with the provisions adopted pursuant to the second

subparagraph of Article 130k of the Treaty. 3. A work programme shall be drawn up in accordance with the aims set out

in Annex I and updated where necessary. It shall set out the detailed

objectives and types of projects to be undertaken, and the financial

arrangements to be made for them. The Commission shall make calls for

proposals for projects on the basis of the work programme. - 6 -

Article 6

The Commission shall be assisted by a Committee composed of representatives

of the Member States and chaired by the representative of the Commission. The representative of the Commission shall submit to the Committee a draft

of the measures to be taken. The Committee shall deliver its opinion

within a time limit which the Chairman may lay down according to the

urgency of the matter. The opinion shall be delivered by the majority

provided for in Article 148(2) of the Treaty as regards adoption of

decisions which the Council is required to adopt on a proposal from the

Commission. When the Committee votes, the votes of the representatives of

the Member States shall be weighed as laid down in the abovementioned

Article. The Chairman shall not vote. The Commission shall adopt the proposed measures when they are In

accordance with the Committee's opinion. When the proposed measures are not in accordance with the Committee's

opinion, or where no opinion is delivered, the Commission shall submit to

the Council without delay a proposal concerning the measures to be taken. The Council shall act by a qualified majority. If, on the expiry of a period of three months from referral of the matter

to the Councj I , the latter has not acted, the proposed measures shall be

adopted by the Commission. - 7 -

Article 7

1. The procedure laid down in Article 6 shall apply:

to the preparation and updating of the work programme referred to in

Article 5 ( 3 );

to the contents of the calls for proposals;

to the assessment of the projects provided for in Annex III and the

estimated amount of the Community's contribution to them where this

amount exceeds ECU 0. 3 million;

to departures from the general rules set out in Annex III;

to the participation in any project by non-Community organizations and

enterprises referred to in Article 8(1) and ( 2 );

to any adaptation of the indicative allocation of the amount set out in

Annex I I ;

to the measures to be undertaken to evaluate the programme;

to arrangements for the dissemination, protection and exploitation of

the results of research carried out under the programme. 2. Where, pursuant to the third indent of paragraph I, the amount of the

Community contribution deemed necessary is less than or equal to ECU

0. 3 million, the Commission shall inform the Committee of the projects

and of the outcome of their assessment. The Commission shall also inform the Committee of the implementation of

the accompanying measures and concerted action referred to in Annex

- 8 -

3. The Commission may, and at the request of the representatives of four

Member States, must consult the Committee on any matter falling within

the scope of this Decision. Article 8

The Commission is authorized to negotiate, in accordance with Article

130n of the Treaty, international agreements with third countries

belonging to COST, In particular the member countries of EFTA and the

countries of Central and Eastern Europe, with a view to associating

them with all or part of the programme. Organizations and enterprises established in third European countries

may, on the principle of mutual benefit, be admitted to an action

undertaken within the arrangements of this programme. No contracting organization established outside the Community and

participating in an action undertaken within the arrangements of the

programme shall benefit from the financing granted to the programme by

the Community. The organization in question shall contribute to the

general administrative costs. Article 9

This Decision is addressed to the Member States

Done at

For the Counc i I ,

The President

3

Annex

SCIENTIFIC AND TECHNICAL OBJECTIVES AND CONTENT

This specific programme fully reflects the approach embodied in the Third
Framework Programme in terms of the scientific and technical goals and the
underlying aims which it pursues. Paragraph 6 of Annex II of the Framework Programme forms an integral part
of the present specific programme. I. Object ives

The central objective of the programme is to help to increase the
human resources available for research and technological development
which will be needed by the Member States in the coming years, thus
assisting the creation of a European scientific and technical
Community. Such action should generate added value for the Community which will
benefit all the Member States. As a contribution towards strengthening human resources in Central
and Eastern European countries, the programme shall be open to
participation by these countries. The expenditure arising from
the participation of scientists from those countries in this
programme shall be covered from the funds allocated for
cooperation projects with the countries of Central and Eastern
Europe. The action should be organized in a transversal manner in accordance
with 'bottom-up' management, focused on two main aims; the training
and mobility of staff and the formation of networks. In the pursuit of these objectives account will be taken of the
experience acquired in the current SCIENCE, SPES and large-scale
Scientific Facilities programmes. The activities carried out as part
of these programmes will be redirected and developed in accordance
with the spirit of this programme and taking into account its central
object i ve. The activities will therefore be adapted so that they may play a more
important role in the training and specialization of young European
scientists attached to university laboratories and public or private
research inst i tutes. •

The present specific programme will be developed by means of the
foI low i ng act i v i t i es :

- the development of a Community system of research fellowships

- the creation and development of scientific and technical

cooperation networks

JO

- measures to promote the access of researchers to large-scale

scientific and technical facilities

- the launching of a Community system of 'R&D Euroconferences'. The various activities will be carried out with a view to increasing
the mobility of Community scientists, in particular young researchers
at post-doctoral level. Scientists shall be considered as being at
post-doctoral level if they have had at least six years' higher
education and hold a doctorate or equivalent degree, or, if not, have
had two years' research experience following a post-graduate course. Young researchers at doctoral level may also benefit from the
Community action carried out under this programme in the case of
recently developed scientific disciplines in which there is a
shortage of scientists at post-doctoral level. Support under this programme may also be given to established
researchers who need specific training in a field other than their
own in the context of the retraining requirements demanded by the
rapid pace of scientific and technological change, or in order to
apply their scientific knowledge in new areas where their
participation is required. The building-up of the infrastructure of networks envisaged under
this programme is of crucial importance for the achievement of the
objectives of Community R&TD policy, since it will consolidate and
add to the structuring effects of the thematic programmes. Together, these networks must extend across all the regions of the
Community countries, with particular reference to the special needs
of the peripheral areas and the at present least-favoured regions. This will facilitate the establishment in those regions of a highly
qualified scientific and technological potential. To this end,
encouragement shall be given to the setting up in such regions of new
research teams centred on young scientists trained abroad. The Human Capital activities are to complement rather than replace
the training carried out under the specific programmes and other
Community training activities such as COMETT, EUROTECNET, etc. Most of the financial resources available will be devoted to the
development of human resources. In accordance with this aim the
researchers themselves will be the main beneficiaries of Community
aid. Specific aid shall be granted to facilitate the execution of
R&D projects carried out by researchers receiving Community aid in
the organisations receiving them, the training or scientific and
technological cooperation networks or in a large-scale facility. M

Community activities and their funding

1. The development of a Community system of research fellowships:

R&TD teams, laboratories or centres of recognized quality for the
training or specialization of researchers, may receive separately
or Jointly (in the case of a network), young scientists in
accordance with the procedures described in Annex III. To this end the Community shall grant financial aid to specific
R&TD teams or laboratories or training networks consisting of a
number of R&TD teams and laboratories covering a number of
Community countries, to allow them to award research fellowships
to researchers who are to undergo training or specialization there
by participating in R&D work. In general these fellowships, to
be known by the name of a man or a woman who have made an
important contribution to the development of European Culture will
be awarded in general for a period of two years for researchers at
a doctoral or post-doctoral level. In certain cases and with a view to ensuring a balanced
geographical spread of human resources, the two-year fellowships
may be extended for a further year in order to enable researchers
from less-favoured regions to return to those regions and to
consolidate the knowledge acquired. The fellowships for established researchers shall last a number of
months (less than one year). The training of researchers shall consist in their participation
in practical research projects carried out in teams or research
laboratories. In order to prevent a 'brain drain' from the disadvantaged regions
of the Community and to increase the effectiveness of training,
Community financial support may also be granted to an experienced
researcher (whether a university researcher or not) to enable him
to carry out R&D projects in a centre located in one of the said
regions so as to train a number of young scientists locally. This experienced researcher ("visiting professor" charged with the
research) shall be from a Community country other than that of the
region concerned. The purpose of this Community system of research fellowships is to
complete and enhance the training activities carried out under
other specific programmes, thus laying the foundation of the
European scientific and technical community. A

The purpose of the grant is to enable the researcher concerned to
cover subsistance and mobility related expenses. Special
expenditure incurred by the researcher concerned in the course of
publishing the findings of the research may be reimbursed. grant also includes a contribution to the research expenses in the
receiving laboratory and the expenses incurred by the laboratory
in administering the grant. If the researcher receiving the grant
is a scientist from an industrial firm seconded to a public
research laboratory in another Community country, the amount of
the grant shall be limited to covering the incidental expenses
arising from his secondment and a contribution to research
expenditure in the host laboratory. The

2. Assistance for the creation and development of scientific and

technical cooperation networks

The scientific and technical cooperation networks shall consist in
general of at least five research laboratories or teams in at
least three Community countries working jointly on one or more R&D
projects. The networks shall consist of either public or private research
laboratories and teams in the Member States, to enable the best of
them to exert as much influence as possible for the benefit of ail
the others. In particular, they shall encourage the interaction
of different disciplines, the combining of various technologies
and the application of techniques from one field in other fields. If the innovative or complex nature of a scientific area so
requires, encouragement shall be given to the setting-up of new
networks consisting of research teams or laboratories with
add i t ionaI capac i ty. In order to assist the consolidation and development of scientific
and" technical cooperation networks, Community funding shall cover
expenses incurred in engaging researchers outside the network
needed to complete the research project, incidental costs
resulting from international cooperation (travel, accommodation
and joint meetings), a contribution to research expenditure
(experimental products, special purchases and the use of
large-scale facilities if required) and administrative costs. If a researcher trained under this programme sets up a new
research team in a disadvantaged region of the Community,
Community aid may include funds to equip the team if it joins a
scientific and technical cooperation network supported by the
Community. This specific programme will pursue and further develop the
activities already being carried out under the SCIENCE and SPES
programmes, including them into a broader activity and giving them
a new direction in order to take into account the principal
objective of this specific programme. The follow up of SPES action
will be expanded to include the human and social sciences. M>

3. Establishment of access to large scale scientific and technical

faciIi t ies

The purpose of this activity is to promote access for Community
researchers to large-scale scientific and/or technical facilities
of great importance already existing in the Community. In
particular, it will be geared to increasing the training
opportunities offered to European researchers by enabling them to
become familiar with the use of such facilities in the execution
of research projects. A 'large scale facility' is understood as being an establishment
which requires substantial initial investment or a group of
smaller establishments which have complementary capacities. The Community financial aid granted to selected facilities will be
designed to cover the costs arising from giving new scientists
access to them (travel, subsistence expenses and user fees). The aid will not be granted to purchase durable equipment or
construct infrastructure. 4. Euroconferences

The aim of this activity is to enable young scientists to take
part in especially important high-level conferences - meetings of
scientists on subjects at the cutting edge of scientific or
technical knowledge, at which specialists present and discuss
their work and ideas. Participation in such conferences will enable promising young
scientists to keep up to date with the advance of knowledge in a
part icular field. The-Community's financial support will cover the participation
expenses (registration, travel and subsistence) of young
scientists attending the conferences, with priority being given to
those from less-favoured regions. Scientific and technological sectors

By virtue of its horizontal nature, the present programme will cover
all scientific and technological sectors. Thus it may in particular
deal with strategic projects and projects drawn up in connection with
the research sectors referred to in the first five activities
mentioned in Article 1 of the third Framework Programme which are
specified in Annex II. thereto. Nevertheless, the training measures carried out under this programme
shall not be directly determined by the objectives of other specific
programmes. This means that, in the sectors covered by the other
specific programmes, measures may be carried out under this
programme, but such measures must be in addition to the specific
training carried out under the specific programmes themselves and any
duplication of effort must be avoided. M

In accordance with the open nature of the programme, the subjects to
be included in basic research in the exact and natural sciences,
including mathematics, will not be defined 'a priori'. With regard to the social and human sciences, the programme shall
essentially deal with training in projects likely to improve or
enhance European competitiveness and bring about sustainable economic
development, in fields such as the economic and management sciences,
including environmental economics, as well as the interfaces between
science, technology and society. Attention shall also be given to
problems connected with the general public's understanding and
acceptance of science and technology. M s~

ANNEX I I

Indicative allocation of expenditure, specifying, where relevant, the
percentage to be allocated to expenditure related to the researchers
themselves. % of total

expenditure
related to the
researchers

1. Training

2. Networks

2. 1

Development of networks

2. 2

Teams of young researchers

3. Access for researchers to
large-scale facilities

4. Euroconferences

58

30

24

6

10

2

90%

75%

Note: Personnel expenses come to 9. 5 million Ecus and the expenses of

administration to 5. 5 million Ecus. An additional sum of 25 million
Ecus will be destined for JRC activities in the field of human
capital and mobility, including a sum of 0. 25 million Ecus
representing the contribution of the JRC to centralised action for
dissemination under this specific programme. A sum of 4. 93 million
Ecus, not included in the 488. 07 million Ecus for the programme, wil
be res'erved as a specific contribution to the Human Capital and
Mobility programme, for centralised action for the dissemination and
valorisation of the results. A

ANNEX I

RULES FOR IMPLEMENTING THE PROGRAMME

1. 2. The Commission shall Implement the programme on the basis of the
content described in Annex I. The rules for implementing the programme, referred to in Article 3,
comprise training actions and accompanying measures. I. DEVELOPMENT OF A COMMUNITY SYSTEM OF RESEARCH FELLOWSHIPS

Participants in this action will comprise two categories:

(I)

individual recipients of training fellowships;

(II)

laboratories or research teams receiving fellowship
recipients. The individual fellowship recipients defined in (I) must be natural persons
established in the Community. The laboratories or research teams defined
in (ii) must be themselves based within the framework of legal entitles
established in the C o m m u n ! t y C ), such as research centres, academic
institutions, scientific foundations having their own research activities
or industrial firms. The participants in the training actions shall be chosen on the basis of a
annual procedure aimed at matching host organisations with applicant
researchers. The procedure shall comprise two successive calls for proposals which will
be published-in the Official Journal of the European Communities. (1)

For the purposes of this programme, the European Organization for
Nuclear Research (CERN), based in Geneva but with the major part of
its installations on Community territory, may be a participant in the
contracts. M

The first call for proposals shall be made in accordance with the work
programme cited in Article 5 paragraph 3. It shall outline the scientific
domains considered as having priority. It shall refer to three categories
of organisations which may receive fellowship recipients:

(i)

individual research teams or laboratories;

(II)

research teams or laboratories as outlined in (I) grouped to
form intra-European networks linked for the purposes of a
scientific and technical theme or a scientific and technical
project; such a network shall in general involve at least
five teams or research laboratories in at least three Member
States of the Community;

(iii)

institutions offering large-scale, unique research
faciIities. The proposals received from organisations which may receive fellowship
recipients shall be selected by the Commission in respect of the
arrangements of Articles 6 and 7 and published In the Official Journal of
the European Communities. The second call for proposals shall be primarily addressed to young
researchers at a post-doctoral level to fill positions made available
following the first call outlined above. Criteria for the selection of proposals shall include: the curriculum
vitae of the researcher candidate; the scientific or technological quality
of the intended project with respect to the EC research policy-, the impact
on cohesion and the suitability and quality of the hosting research team. The selection shall be decentralized and carried out by the teams or
laboratories concerned. The Commission shall monitor the Community
selection criteria in particular as regards Community cohesion. The terms given to the recipients of Community training fellowships shall
be equal for all (allowances, mobility expenses, social insurance),
irrespective-of the category of host organisation, and taking into account
the cost of living in the host countries. II. SCIENTIFIC AND TECHNICAL COOPERATION NETWORKS

The participants in scientific and technical development actions are
networks of research laboratories undertaking joint research and
development work. The number of Member States taking part in each network
should be as high as possible. In no case shall a network have fewer than
five public or private laboratories from a minimum of three Member States. The association of recognized high-quality laboratories and promising
laboratories situated in the less-favoured regions of the Community shall
be particularly sought. It will allow researchers working in isolation in
an advanced area to unite their efforts. A

The selection of proposals shall be made by the Commission in respect of
the arrangements of Articles 6 and 7 from a call for proposals which shall
be open continuously. III. ACCESS TO LARGE-SCALE FACILITIES

The participants in the actions planned to favour access for researchers to
large-scale facilities In the Community are those organizations having such
facilities at their disposal or a group of smaller facilities which
together have the capacity of a large-scale facility. The beneficiaries of Community support shall be of two types:

- scientists wishing to have access to the facilities for whom
travel, subsistence and cost of using the equipment will be
covered. - organisations having such facilities at their disposal. The selection procedure for choosing beneficiary organizations shall
comprise two successive calls for proposals which shall be published in the
Official Journal of the European Communities. The first call for proposals shall be addressed to centres having large-
scale scientific and technical facilities at their disposal. The proposals
received in response shall be accompanied by expression of interest from
potential users. The selection of proposals shall be made by the Commission in respect of
the arrangements of Articles 6 and 7. The second call for proposals shall be published w. ith the list of
organizations pre-selected according to the previous procedure; it will aim
to obtain joint equipment-user proposals. The final selection shall bè made by the Commission in respect of the
arrangements-of Articles 6 and 7. The extent of Community support shall be based on the quality and unique
features of the facility; interest shown by potential users; cost/benefit
ratio of Community support; value for the Community in terms of Importance
of the facility in respect of the Community's overall scientific and
technicaI potent ial. IV. EUROCONFERENCES

The participants in the action for the development of Euroconferences shall
be organizations, scientific associations or learned societies organizing a
series of high-level meetings for debating the latest work undertaken in
advanced scientific or technical areas. Specific training of promising
young researchers allowing them to become familiar with the latest
developments in the sector shall also be carried out. fè

The procedure shall comprise a call for proposals defining the priority
scientific areas selected for the work programme as cited in Article 5
paragraph 3. The selection of proposals shall be made by the Commission In respect of
the arrangements of Articles 6 and 7. V. DISSEMINATION OF THE RESULTS

The dissemination of the results of the training actions shall be carried
out within the specific programme as well as through the centralised action
of dissemination and exploitation, pursuant to the Decision referred to in
Article 4, third paragraph of Decision 90/221/Euratom, EEC. ISSN 0254-1475

COM(91) 234 final

DOCUMENTS

EN

15 04

Catalogue number : CB-CO-91-281-EN-C

ISBN 92-77-73738-7

Office for Official Publications of the European Communities

L-2985 Luxembourg


WRITTEN QUESTION No. 1347/91 by Mr Elio DI RUPO to the Commission. Scientific cooperation with Israel

Israel,Palestine question,occupied territory,scientific cooperation,university

Israel
Palestine question
occupied territory
scientific cooperation
university


WRITTEN QUESTION No. 1316/91 by Mr Gijs de VRIES to the Commission. Article 113 of the EEC Treaty

European Commission,common commercial policy,proposal (EU),tariff agreement

European Commission
common commercial policy
proposal (EU)
tariff agreement


WRITTEN QUESTION No. 1320/91 by Mr Francesco SPERONI to the Commission. Independence for Northern Somalia

European Parliament,SPERONI Francesco Enrico

European Commission,Somalia,common position,national independence,self-determination

European Commission
Somalia
common position
national independence
self-determination


WRITTEN QUESTION No. 1337/91 by Mr Pierre CEYRAC to the Council. Economic and monetary union

Central and Eastern Europe,Council of the European Union,Economic and Monetary Union,European Council,European treaties,accession to the European Union,application of EU law,monetary integration,transitional period (EU)

Central and Eastern Europe
Council of the European Union
Economic and Monetary Union
European Council
European treaties
accession to the European Union
application of EU law
monetary integration
transitional period (EU)


WRITTEN QUESTION No. 1317/91 by Mr Gijs de VRIES to the Commission. Information offices in Vilnius, Riga and Tallin

Czechoslovakia,EU control,EU relations,USSR,diplomatic representation,information centre,republic

Czechoslovakia
EU control
EU relations
USSR
diplomatic representation
information centre
republic


WRITTEN QUESTION No. 1325/91 by Mr Llewellyn SMITH to the Commission. Second report on the operation of EURATOM


WRITTEN QUESTION No. 1313/91 by Mr Madron SELIGMAN to the Commission. Alleged suppression by the Commission of Eurosport

European audiovisual area,free competition,free movement of programmes,single market,sport,television

European audiovisual area
free competition
free movement of programmes
single market
sport
television


Commission Regulation (EEC) No 1768/91 of 21 June 1991 amending Regulation (EEC) No 2921/90 on aid for the production of casein and caseinates from skimmed-milk

aid to agriculture,food processing,milk by-product,skimmed milk

aid to agriculture
food processing
milk by-product
skimmed milk


91/392/EEC: Commission Decision of 21 June 1991 accepting undertakings given in connection with the anti-dumping proceeding concerning imports of certain asbestos cement pipes originating in Turkey, and terminating the investigation


Council Directive 91/328/EEC of 21 June 1991 amending Directive 77/143/EEC on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers

approximation of laws,commercial vehicle,motor vehicle,roadworthiness tests

approximation of laws
commercial vehicle
motor vehicle
roadworthiness tests


Commission Regulation (EEC) No 1771/91 of 21 June 1991 laying down detailed rules for the application of Council Regulation (EEC) No 597/91 for the supply of sunflower oil to Romania

Romania,award of contract,emergency aid,sunflower seed oil

Romania
award of contract
emergency aid
sunflower seed oil


Commission Regulation (EEC) No 1957/91 of 21 June 1991 amending Regulation (EEC) No 1955/88 laying down rules for the application of Council Regulation (EEC) No 4028/86 as regards joint ventures in the fisheries sector

State aid,aquaculture,control of State aid,fishing industry,inter-company cooperation

State aid
aquaculture
control of State aid
fishing industry
inter-company cooperation


PROPOSAL FOR A COUNCIL DIRECTIVE CONCERNING COMPARATIVE ADVERTISING AND AMENDING DIRECTIVE 84/450/EEC CONCERNING MISLEADING ADVERTISING

advertising malpractice,application of EU law,complaint to the Commission,consumer protection,dissemination of information,restriction on competition

advertising malpractice
application of EU law
complaint to the Commission
consumer protection
dissemination of information
restriction on competition


Commission Regulation (EEC) No 1769/91 of 21 June 1991 derogating from Regulation (EEC) No 1760/83 on special detailed rules for the application of the system of prefixation for certain agricultural products exported in the form of goods not covered by Annex II to the EEC Treaty


Commission Decision of 21 June 1991 fixing Commission guidelines on fishing zones, species and fishing gear and methods for exploratory fishing voyages, redeployment operations and cooperation operations within the context of joint ventures

aquaculture,fishery management,fishery research,fishing industry,inter-company cooperation

aquaculture
fishery management
fishery research
fishing industry
inter-company cooperation


Commission Regulation (EEC) No 1958/91 of 21 June 1991 amending Regulation (EEC) No 1871/87 laying down detailed rules for implementing Council Regulation (EEC) No 4028/86 as regards schemes to encourage exploratory fishing

financial aid,fishery research,fishing industry,investment promotion

financial aid
fishery research
fishing industry
investment promotion


Commission Regulation (EEC) No 1956/91 of 21 June 1991 laying down detailed rules for the application of Council Regulation (EEC) No 4028/86 as regards measures to encourage the creation of joint enterprises

EU policy,financial aid,fishing industry,market

EU policy
financial aid
fishing industry
market


Resolution of the Council and of the representatives of the Governments of the Member States, meeting within the Council of 21 June 1991 on a Community programme of action on road safety

Council of the European Union,Representatives of the Governments of the Member States

accident prevention,action programme,common transport policy,road safety,transport safety

accident prevention
action programme
common transport policy
road safety
transport safety


91/341/EEC: Council Decision of 20 June 1991 on the adoption of a programme of Community action on the subject of the vocational training of customs officials (Matthaeus programme)

action programme,civil servant,customs,single market,vocational training

action programme
civil servant
customs
single market
vocational training


91/320/EEC: Council Decision of 20 June 1991 authorizing the Portuguese Republic to extend until 7 March 1992 the agreement on mutual fisheries' relations with the Republic of South Africa

Portugal,South Africa,fisheries policy,fishing agreement

Portugal
South Africa
fisheries policy
fishing agreement


Question No 52 by Mr LATAILLADE (H-0622/91) to the Commission: Drugs in sport


Council Directive 91/342/EEC of 20 June 1991 amending Directive 83/643/EEC on the facilitation of physical inspections and administrative formalities in respect of the carriage of goods between Member States

carriage of goods,cross-border transport,customs formalities

carriage of goods
cross-border transport
customs formalities


Council Directive 91/371/EEC of 20 June 1991 on the implementation of the Agreement between the European Economic Community and the Swiss Confederation concerning direct insurance other than life assurance

Switzerland,agreement (EU),freedom to provide services,insurance,right of establishment

Switzerland
agreement (EU)
freedom to provide services
insurance
right of establishment

L_1991205EN. 01004801. xml

27. 7. 1991

EN

Official Journal of the European Communities

L 205/48

COUNCIL DIRECTIVE
of 20 June 1991
on the implementation of the Agreement between the European Economic Community and the Swiss Confederation concerning direct insurance other than life assurance
(91/371/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular the last sentence of Article 57 (2) and Article 235 thereof,
Having regard to the proposal from the Commission (1),
In cooperation with the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas an Agreement between the European Economic Community and the Swiss Confederation concerning direct insurance other than life assurance was signed at Luxembourg on 10 October 1989;
Whereas one of the effects of that Agreement is to impose, in relation to insurance undertakings which have their head offices in Switzerland, legal rules different from those applicable, under Title III of Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of direct insurance other than life assurance (4), to agencies and branches established within the Community of undertakings whose head offices are outside the Community;
Whereas the coordinated rules relating to the pursuit of these activities within the Community by the Swiss undertakings subject to the provisions of the said Agreement must take effect on the same date in all the Member States of the Community; whereas that Agreement will not come into force until the first day of the calendar year following the date on which the instruments of approval are exchanged,
HAS ADOPTED THIS DIRECTIVE:
Article 1
The Member States shall amend their national provisions to comply with the Agreement between the European Economic Community and the Swiss Confederation within a period of 24 months following the notification of this Directive. They shall immediately inform the Commission thereof. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States. Article 2
The Member States shall specify in their national provisions that the amendments thereto made pursuant to the Agreement shall not come into force until the date on which the Agreement enters into force. Article 3
This Directive is addressed to the Member States. Done at Luxembourg, 20 June 1991. For the Council

The President

R. GOEBBELS

(1)  OJ No C 53, 5. 3. 1990, p. 45. (2)  OJ No C 72,18. 3. 1991, p. 175, and Decision of 12 June 1991 (not yet published in the Official Journal). (3)  OJ No C 56, 7. 3. 1990, p. 27. (4)  OJ No L 228, 16. 8. 1973, p. 3


Question No 45 by Mr McMAHON (H-0616/91) to the Commission: Application for membership by Malta and Cyprus

Cyprus,EC opinion,Malta,accession to the European Union

Cyprus
EC opinion
Malta
accession to the European Union


Council Regulation (EEC) No 2155/91 of 20 June 1991 laying down particular provisions for the application of Articles 37, 39 and 40 of the Agreement between the European Economic Community and the Swiss Confederation on direct insurance other than life assurance

L_1991205EN. 01000101. xml

27. 7. 1991

EN

Official Journal of the European Communities

L 205/1

COUNCIL REGULATION (EEC) No 2155/91
of 20 June 1991
laying down particular provisions for the application of Articles 37, 39 and 40 of the Agreement between the European Economic Community and the Swiss Confederation on direct insurance other than life assurance
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular the last sentence of Article 57 (2) and Article 235 thereof,
Having regard to the proposal from the Commission (1),
In cooperation with the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas an Agreement between the European Economic Community and the Swiss Confederation on direct insurance other than life assurance was signed at Luxembourg on 10 October 1989;
Whereas under that Agreement a Joint Committee is to be set up to administer the Agreement, ensure that it is properly implemented and take decisions in the circumstances provided for therein; whereas the Community's representatives on the Joint Committee have to be designated and particular provisions have to be adopted concerning the determination of the Community's positions in the Committee,
HAS ADOPTED THIS REGULATION:
Article 1
The Community shall be represented on the Joint Committee provided for in Article 37 of the Agreement by the Commission, assisted by representatives of the Member States. Article 2
The Community's position in the Joint Committee shall be adopted by the Council acting by a qualified majority on a proposal from the Commission. With regard to the adoption of decisions to be taken by the Joint Committee pursuant to Articles 37, 39 and 40 of the Agreement, the Commission shall submit proposals to the Council, which shall act by a qualified majority. Article 3
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Luxembourg, 20 June 1991. For the Council

The President

R. GOEBBELS

(1)  OJ No C 53, 5. 3. 1990, p. 46. (2)  OJ No C 72, 18. 3. 1991, p. 175, and Decision of 12 June 1991 (not yet published in the Official Journal). (3)  OJ No C 56, 7. 3. 1990, p. 27


Report on social developments : Year 1989.

EU Member State,European social policy,employment structure,labour relations,occupational safety,vocational training,working conditions

EU Member State
European social policy
employment structure
labour relations
occupational safety
vocational training
working conditions


91/370/EEC: Council Decision of 20 June 1991 on the conclusion of the Agreement between the European Economic Community and the Swiss Confederation concerning direct insurance other than life assurance

L_1991205EN. 01000201. xml

27. 7. 1991

EN

Official Journal of the European Communities

L 205/2

COUNCIL DECISION
of 20 June 1991
on the conclusion of the Agreement between the European Economic Community and the Swiss Confederation concerning direct insurance other than life assurance
(91/370/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular the last sentence of Article 57 (2) and Article 235 thereof,
Having regard to the proposal from the Commission (1),
In cooperation with the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas it is desirable to approve the Agreement with Switzerland concerning direct insurance other than life assurance, signed at Luxembourg on 10 October 1989,
HAS DECIDED AS FOLLOWS:
Article 1
The Agreement between the European Economic Community and the Swiss Confederation concerning direct insurance other than life assurance is hereby approved on behalf of the Community. The text of the Agreement is attached to this Decision. Article 2
The President of the Council shall take the measures necessary for the exchange of instruments provided for in Article 44 of the Agreement (4). Done at Luxembourg, 20 June 1991. For the Council

The President

R. GOEBBELS

(1)  OJ No C 53, 5. 3. 1990, p. 1. (2)  OJ No C 72, 18. 3. 1991, p. 175, and Decision of 12 June 1991 (not yet published in the Official Journal). (3)  OJ No C 56, 7. 3. 1990, p. 27. (4)  The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General-Secretariat of the Council


Council Directive 91/368/EEC of 20 June 1991 amending Directive 89/392/EEC on the approximation of the laws of the Member States relating to machinery

dangerous substance,industrial hazard,occupational accident,occupational safety,storage

dangerous substance
industrial hazard
occupational accident
occupational safety
storage


Commission Regulation (EEC) No 1753/91 of 20 June 1991 amending Council Regulation (EEC) No 797/85 as regards the adjustment of the amounts fixed in ecus in the framework of the agricultural structure policy as a result of new exchange rates to be applied in the agricultural sector

agri-monetary policy,agricultural product,monetary compensatory amount,representative rate

agri-monetary policy
agricultural product
monetary compensatory amount
representative rate


Question No 10 by Mrs SANDBÆK (H-0613/91) to the Council: Recitals

Court of Justice of the European Union,EC Directive,EU law,interpretation of the law,judicial proceedings

Court of Justice of the European Union
EC Directive
EU law
interpretation of the law
judicial proceedings


Commission Regulation (EEC) No 1782/91 of 20 June 1991 on the supply of various consignments of cereals as food aid

Sudan,cereal flour,common wheat,food aid

Sudan
cereal flour
common wheat
food aid


Question No 57 by Mr BARROS MOURA (H-0620/91) to the Commission: Situation of the Portuguese workers ' drafted' for the construction of the new Council building in Brussels

Council of the European Union,Portugal,award of contract,building industry,migrant worker,pay,public building,social security,subsidiary

Council of the European Union
Portugal
award of contract
building industry
migrant worker
pay
public building
social security
subsidiary


Consumer policy in the single market.

EU policy,consumer,consumer information,consumer protection,single market

EU policy
consumer
consumer information
consumer protection
single market


Council Regulation (EEC) No 1893/91 of 20 June 1991 amending Regulation (EEC) No 1191/69 on action by Member States concerning the obligations inherent in the concept of a public service in transport by rail, road and inland waterway

inland waterway transport,public service,rail transport,road transport

inland waterway transport
public service
rail transport
road transport


91/362/EEC: Commission Decision of 20 June 1991 amending the Annex to Commission Decision 90/411/EEC concerning the areas referred to in Article 3 (2) of Council Regulation (EEC) No 328/88 instituting a Community programme to assist the conversion of steel areas (Resider programme) (Only the Spanish text is authentic)

United Kingdom,development region,industrial conversion,iron and steel industry,redevelopment aid

United Kingdom
development region
industrial conversion
iron and steel industry
redevelopment aid


Question No 23 by Mrs BANOTTI (H-0627/91) to European Political Cooperation: Cambodia

Cambodia
EU aid
development aid
peacekeeping


Commission Regulation (EEC) No 1752/91 of 19 June 1991 amending the list annexed to Regulation (EEC) No 55/87 establishing the list of vessels exceeding eight metres length overall permitted to use beam trawls within certain areas of the Community

EU waters,conservation of fish stocks,fishing net,fishing regulations,fishing vessel,technical standard

EU waters
conservation of fish stocks
fishing net
fishing regulations
fishing vessel
technical standard