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EN Official Journal of the European Communities L 56/27

COUNCIL DECISION

of 16 December 1993

on the conclusion of the Customs Convention on the Temporary Importation of Commercial Road Vehicles (1956) and the acceptance of the United Nations' resolution on the applicability of carnets de passage en douane and CPD carnets to commercial road vehicles

(94/111/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community and in particular Article 113, in conjunction with Article 228 (2) thereof,

Having regard to the proposal from the Commission,

Whereas the Customs Convention on the Temporary Importation of Commercial Road Vehicles, negotiated under the auspices of the United Nations Organization and signed in Geneva on 18 May 1956, covers temporary import conditions and procedures for commercial road vehicles in the customs territories of the Community and third countries and is a customs agreement which could effectively help expand international trade;

Whereas under Article 33 (2 bis), the Convention is open to accession by regional economic integration organizations;

Whereas moreover, all Member States of the Community are Contracting Parties to the Convention;

Whereas, if the Community is to become a Contracting Party, it must deposit an accession instrument with the Secretary-General of the United Nations Organization;

Whereas the current Community provisions on the temporary importation of road vehicles for commercial use comply with those of the Convention and there is therefore no need to enter any reservations with regard to Article 38 of the Convention;

Whereas it is appropriate to approve the Convention;

Whereas, it would be appropriate to accept at the same time the United Nations' resolution of 2 July 1993 on the applicability of carnets de passage en douane and CPD carnets to commercial road vehicles,

HAS DECIDED AS FOLLOWS:

Article 1

1. The Customs Convention on the Importation of Commercial Road Vehicles is hereby approved on behalf of the Community.

The text of the Convention appears in Annex I.

2. The United Nations' resolution of 2 July 1993 on the applicability of carnets de passage en douane and CPD carnets to commercial road vehicles are hereby accepted by the Community, subject to the conditions set out in Annex II to this Decision.

Article 2

1. The President of the Council is hereby authorized to designate the person empowered to deposit the instrument of accession to the Convention on behalf of the Community.

2. The person so designated shall notify the Secretary-General of the United Nations of the acceptance of the resolution.

3. The Commission is hereby authorized to transmit to the Secretary-General of the United Nations the information provided for in Article 33 (2)(bis) of the Convention, after first consulting the Member States and depositing the instrument of accession referred to in paragraph 1.
COUNCIL DECISION

of 16 July 1990

on the conclusion of an Agreement in the form of an exchange of letters between the European Economic Community and the Republic of India on the guaranteed prices for cane sugar for the 1988/89 delivery period

(94/898/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,

Having regard to the proposal from the Commission,

Whereas implementation of the Agreement between the European Economic Community and the Republic of India on cane sugar (1) is carried out, in accordance with Article 1 (2) thereof, within the framework of the management of the common organization of the sugar market;

Whereas it is appropriate to approve the Agreement in the form of an exchange of letters between the European Economic Community and the Republic of India on the guaranteed prices for cane sugar for the 1988/89 delivery period,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an exchange of letters between the European Economic Community and the Republic of India on the guaranteed prices for cane sugar for the 1988/89 delivery period is hereby approved don behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community.

Article 3

This Decision shall be published in the Official Journal of the European Communities.

Done at Brussels, 16 July 1990.

For the CouncilThe PresidentG. DE MICHELIS

(1) OJ No L 190, 22. 7. 1975, p. 35.
COUNCIL DECISION of 20 December 1993 on the conclusion of the Additional Protocol to the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community, of the one part, and the Republic of Poland, of the other part, and to the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part (94/44/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with Article 228 (2) thereof,

Having regard to the conclusions of the European Council which took place in Copenhagen on 21 and 22 June 1993,

Having regard to the proposal from the Commission,

Whereas the Commission has negotiated on behalf of the Communities an Additional Protocol to the Interim Agreement on trade and trade-related matters and to the Europe Agreement with the Republic of Poland;

Whereas it is necessary to approve this Additional Protocol,

HAS DECIDED AS FOLLOWS:

Article 1

The Additional Protocol to the Interim Agreement on trade and trade related matters between the European Economic Community and the European Coal and Steel Community, of the one part, and the Republic of Poland, of the other part, and to the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part, is hereby approved on behalf of the European Community.

The text of the Additional Protocol is attached to this Decision.

Article 2

The President of the Council is hereby authorized to designate the person empowered to sign the Additional Protocol on behalf of the European Community.

The President of the Council shall give the notification provided for in Article 8 of the Additional Protocol on behalf of the European Community.

Done at Brussels, 20 December 1993.

For the Council

The President

W. CLAES
COMMISSION DECISION of 20 December 1993 concerning the conclusion on behalf of the European Coal and Steel Community of the Additional Protocol to the interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community and the Republic of Poland and to the Europe Agreement between the European Communities and their Member States and the Republic of Poland (94/50/ECSC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Coal and Steel Community, and in particular the first paragraph of Article 95 thereof,

Having regard to the conclusions of the European Council which has taken place in Copenhagen on 21 and 22 June 1993,

Whereas the Commission has negotiated on behalf of the Communities an Additional Protocol to the Interim Agreement on trade and trade-related matters and to the Europe Agreement with the Republic of Poland;

Whereas it is necessary to approve this Additional Protocol;

Whereas the conclusion of the Additional Protocol is necessary to attain the objectives of the Community set out in particular in Articles 2 and 3 of the Treaty establishing the European Coal and Steel Community;

Whereas the Treaty did not make provision for all the cases covered by this Decision;

Having consulted the Consultative Committee and with the unanimous assent of the Council,

HAS DECIDED AS FOLLOWS:

Article 1

The Additional Protocol to the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community, of the one part, and the Republic of Poland, of the other part and to the Europe Agreement between the European Communities and their Member States of the one part and the Republic of Poland of the other part, is hereby approved on behalf of the European Coal and Steel Community.

This text is attached to this Decision (1).

Article 2

The President of the Commission shall give the notification provided for in Article 8 of the Additional Protocol on behalf of the European Coal and Steel Community.

Done at Brussels, 20 December 1993.

For the Commission

The president

Jacques DELORS

(1) See page 2 of this Official Journal.
COMMISSION DECISION of 20 January 1994 concerning the financial aid from the Community for the operations of the Community Reference Laboratory for certain fish diseases listed in Annex A to Directive 91/67/EEC (Statens Veterinaere Serumslaboratorium, Aarhus, Denmark) (Only the Danish text is authentic) (94/31/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), as last amended by Commission Decision 93/439/EEC (2), and in particular Article 28 thereof,

Whereas, in accordance with Article 13, first indent, of Council Directive 93/53/EEC (3), the 'Statens Veterinaere Serumlaboratorium, Landbrugsministeriet', Aarhus, Denmark, has been nominated as the reference laboratory for certain fish diseases listed in Annex A to Council Directive 91/67/EEC (4);

Whereas all the functions and duties to be carried out by the reference laboratory have been determined in Annex C to Council Directive 93/53/EEC;

Whereas, therefore, provisions should be made for Community financial aid to the Community Reference Laboratory to enable it to carry out the functions and duties provided for in that Directive;

Whereas, in the first instance, Community financial aid should be provided for a period of one year; whereas this will be reviewed with view to extension prior to expiry of the initial period;

Whereas in accordance with Article 40 of Decision 90/424/EEC, checks provided for in Articles 8 and 9 of Council Regulation (EEC) No 729/70 of 21 April 1970 concerning the financing of the common agricultural policy (5), as last amended by Regulation (EEC) No 2048/88 (6), shall apply; whereas certain particular provisions should be made;

Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,

HAS ADOPTED THIS DECISION:

Article 1

The Community shall provide financial assistance to the reference laboratory provided for at Article 13 of Directive 93/53/EEC up to a maximum of ECU 100 000.

Article 2

1. To meet the objectives of Article 1, the Commission shall conclude a contract, in the name of the European Community, with the reference laboratory.

2. The Director-General of the Directorate-General for Agriculture shall be authorized to sign the contract on behalf of the Commission of the European Communities.

3. The contract referred to at Article 1 shall have a duration of one year.

4. The financial aid provided for at Article 1 shall be paid to the reference laboratory in accordance with the terms of the contract provided for at paragraph 1.

Article 3

This Decision is addressed to the Kingdom of Denmark.

Done at Brussels, 20 January 1994.

For the Commission

René STEICHEN

Member of the Commission

(1) OJ No L 224, 18. 8. 1990, p. 19.

(2) OJ No L 203, 13. 8. 1993, p. 34.

(3) OJ No L 175, 19. 7. 1993, p. 23.

(4) OJ No L 46, 19. 2. 1991, p. 1.

(5) OJ No L 94, 28. 4. 1970, p. 13.

(6) OJ No L 185, 15. 7. 1988, p. 1.
COMMISSION DECISION of 1 February 1994 amending Decision 90/184/Euratom, EEC authorizing Denmark not to take into account certain categories of transactions and to use certain approximate estimates for the calculation of the VAT own resources base (Only the Danish text is authentic) (94/75/EC, Euratom)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Treaty establishing the European Atomic Energy Community,

Having regard to Council Regulation (EEC, Euratom) No 1553/89 of 29 May 1989 on the definitive uniform arrangements for the collection of own resources accruing from value added tax (1) and, in particular, Article 13 thereof,

Whereas, pursuant to Article 28 (3) of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes - Common system of value added tax: uniform basis of assessment (2), hereinafter called 'the Sixth Directive', the Member States may continue to exempt or tax certain transactions; whereas these transactions must be taken into account for the determination of the VAT resources base;

Whereas with effect from 1 January 1990 the possibility afforded Member States of continuing to tax or exempt certain transactions listed in Annexes E and F to the Sixth Directive was terminated by virtue of Article 1 (1), first sentence, and (2) (a) of Council Directive 89/465/EEC (3); whereas, consequently, the authorizations granted in this connection by the Commission for the purposes of determining the VAT own resources base should also be discontinued;

Whereas, in the case of Denmark, the Commission, on the basis of Regulation (EEC, Euratom) No 1553/89, adopted Decision 90/184/Euratom, EEC (4) authorizing Denmark, with effect from 1989, not to take into account certain categories of transactions and to use certain approximate estimates for the calculation of the VAT own resources base;

Whereas, since 1 January 1991, Denmark has taxed the transactions referred to in points 13 and 15 of Annex F to the sixth VAT Directive; whereas the authorizations granted in this connection should be discontinued with effect from that date;

Whereas the Advisory Committee on Own Resources has approved the report recording the opinions of its members on this Decision,

HAS ADOPTED THIS DECISION:

Article 1

1. Article 1 (2) of Decision 90/184/Euratom, EEC is hereby repealed in respect of transactions conducted with effect from 1 January 1991.

2. Article 2 (2) of Decision 90/184/Euratom, EEC is hereby repealed in respect of transactions conducted with effect from 1 January 1991.

Article 2

This Decision is addressed to the Kingdom of Denmark.

Done at Brussels, 1 February 1994.

For the Commission

Peter SCHMIDHUBER

Member of the Commission

(1) OJ No L 155, 7. 6. 1989, p. 9.

(2) OJ No L 145, 13. 6. 1977, p. 1.

(3) OJ No L 226, 3. 8. 1989, p. 21.

(4) OJ No L 99, 19. 4. 1990, p. 37.
COMMISSION DECISION of 25 February 1994 in accordance with Council Decision 94/4/EC determining the United States of America as a country to the companies or other legal persons of which legal protection of topographies of semiconductor products is extended (94/142/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 87/54/EEC of 16 December 1986 on the legal protection of topographies of semiconductor products (1),

Having regard to Council Decision 94/4/EC of 20 December 1993 on the extension of the legal protection of topographies of semiconductor products to persons from the United States of America (2), and in particular Article 1 (3) thereof,

Whereas the abovementioned Decision designates the United States of America as a country which is to benefit from protection under Directive 87/54/EEC;

Whereas protection for natural persons is unconditional, but protection for companies and other legal persons is subject to the condition that the Community companies and legal persons benefit from protection in the country in question;

Whereas the Commission is obliged by Decision 94/4/EC to determine and communicate to the Member States the fulfilment by the United States of America and territories in question of this condition;

Whereas, in the United States of America, based on interim orders issued under Section 914 of the Semiconductor Chip Protection Act of 1984, legal protection is available without discontinuity until 1 July 1994 to owners of mask works who are national, domiciliaries or sovereign authorities of Community Member States, and consequently the United States fulfils the condition of reciprocity required for the protection of companies and other legal persons laid down in Article 1 (2) of Council Decision 94/4/EC,

HAS ADOPTED THIS DECISION:

Article 1

The United States of America fulfils the condition for protection of companies and other legal persons laid down in Article 1 (2) of Decision 94/4/EC.

Article 2

This Decision is applicable as from 1 January 1994 until 1 July 1994.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 25 February 1994.

For the Commission

Raniero VANNI D'ARCHIRAFI

Member of the Commission

(1) OJ No L 24, 27. 1. 1987, p. 36.

(2) OJ No L 6, 8. 1. 1994, p. 23.
COUNCIL DECISION of 14 February 1994 appointing a member of the Economic and Social Committee (94/116/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in paricular Articles G 194 and I 166 thereof,

Having regard to the Council Decision of 24 September 1990 appointing the members of the Economic and Social Committee for the period ending on 20 September 1994 (1),

Whereas a seat has become vacant on the Economic and Social Committee following the death of Mr Tomàs Roseingrave, notified to the Council on 6 September 1993;

Having regard to the nominations submitted by the Irish Government on 16 December 1993,

Having obtained the opinion of the Commission of the European Communities,

HAS DECIDED AS FOLLOWS:

Sole Article

Mr Michael J. Lynch is hereby appointed member of the Economic and Social Committee in place or Mr Tomàs Roseingrave for the remainder of the latter's term of office, which runs until 20 September 1994.

Done at Brussels, 14 February 1994.

For the Council

The President

Y. PAPANTONIOU

(1) OJ No L 290, 23. 10. 1990, p. 13.
COMMISSION DECISION of 21 March 1994 concerning the conclusion of Protocol 2 to the Agreement among the European Atomic Energy Community, the Government of Japan, the Government of the Russian Federation, and the Government of the United States of America on cooperation in the engineering design activities for the International Thermonuclear Experimental Reactor (ITER), by the Commission for and on behalf of the Community (94/267/Euratom)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,

Whereas the Council, in its Decision of 21 March 1994 approved the conclusion of Protocol 2 to the Agreement among the European Atomic Energy Community, the Government of Japan, the Government of the Russian Federation, and the Government of the United States of America on cooperation in the engineering design activities for the International Thermonuclear Experimental Reactor (ITER),

HAS DECIDED AS FOLLOWS:

Article 1

Protocol 2 to the Agreement among the European Atomic Energy Community, the Government of Japan, the Government of the Russian Federation, and the Government of the United States of America on cooperation in the engineering design activities for the International Thermonuclear Experimental Reactor (ITER) is hereby concluded on behalf of the Community.

The text of Protocol 2, together with the negotiators' shared views, is appended to this Decision.

Article 2

The Member of the Commission responsible for science, research and development or his designated representative is authorized to sign Protocol 2 for the purpose of binding the European Atomic Energy Community.

Done at Brussels, 21 March 1994.

For the Commission

The President

Jacques DELORS
COMMISSION DECISION of 8 April 1994 amending for the second time Decision 92/91/EEC on certain protective measures with respect to scallops from Japan (Text with EEA relevance) (94/206/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries (1); as amended by Directive 92/118/EEC (2), and in particular Article 19 thereof,

Whereas Commission Decision 92/91/EEC of 6 February 1992 on certain protective measures with respect to scallops from Japan (3), as amended by Decision 92/293/EEC (4) prohibits the import of scallops and other bivalve molluscs of the family Pectinidae originating in Japan; whereas Commission Decision 92/293/EEC has extended this ban to all bivalve molluscs and marine gastropods originating in Japan;

Whereas the Japanese authorities have given sufficient health assurances for the production and export of frozen or processed scallops and other Pectinidae to the Community; whereas Decision 92/91/EEC should be amended accordingly so that these imports into the Community may resume;

Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,

HAS ADOPTED THIS DECISION:

Article 1

Article 1 of Decision 92/91/EEC is replaced by the following:

'Article 1

Member States shall prohibit the importation of consignments of bivalve molluscs and marine gastropods originating in Japan, with the exception of frozen or processed scallops and other Pectinidae.'

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 8 April 1994.

For the Commission

René STEICHEN

Member of the Commission

(1) OJ No L 373, 31. 12. 1990, p. 1.

(2) OJ No L 62, 15. 3. 1993, p. 49.

(3) OJ No L 32, 8. 2. 1992, p. 37.

(4) OJ No L 155, 6. 6. 1992, p. 39.
COUNCIL DECISION of 29 March 1994 appointing an alternate member of the Committee of the Regions (94/195/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 198a thereof,

Having regard to Council Decision of 26 January 1994 appointing the members and alternate members of the Committee of the Regions for the period 26 January 1994 to 25 January 1998 (1),

Whereas an alternate member's seat on the Committee has become vacant following Mr Enrique Amat Vicedo's resignation, which was brought to the Council's attention on 17 March 1994;

Having regard to the proposal from the Spanish Government,

HAS DECIDED AS FOLLOWS:

Sole Article

Mr Juan José García Escribano is hereby appointed an alternate member of the Committee of the Regions in place of Mr Enrique Amat Vicedo for the remainder of the latter's term of office, which runs until 25 January 1998.

Done at Brussels, 29 March 1994.

For the Council

The President

G. MORAITIS

(1) OJ No L 31, 4. 2. 1994, p. 29.
COUNCIL DECISION of 19 April 1994 appointing an alternate member of the Committee of the Regions (94/219/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 198a thereof,

Having regard to the Council Decision of 26 January 1994 appointing the members and alternate members of the Committee of the Regions for the period 26 January 1994 to 25 January 1998 (1),

Whereas a seat of alternate member on the Committee has become vacant following the resignation of Mr Heinz Fromm, which was brought to the Council's attention on 28 March 1994;

Having regard to the proposal from the German Government,

HAS DECIDED AS FOLLOWS:

Sole Article

Mr Matthias Kurth is hereby appointed an alternate member of the Committee of the Regions in place of Mr Heinz Fromm for the remainder of the latter's term of office, which expires on 25 January 1998.

Done at Luxembourg, 19 April 1994.

For the Council

The President

Th. PANGALOS

(1) OJ No L 31, 4. 2. 1994, p. 29.