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DECISION OF THE EUROPEAN PARLIAMENT

of 3 April 1990

granting a discharge to the Commission in respect of the financial management of the fourth European Development Fund during the 1988 financial year

(90/355/EEC)

THE EUROPEAN PARLIAMENT,

- having regard to the Treaty establishing the European Economic Community,

- having regard to the first ACP-EEC Lomé Convention (1),

- having regard to the balance sheets and accounts of the fourth, fifth and sixth European Development Funds for the 1988 financial year (COM(89) 204 final),

- having regard to the report of the Court of Auditors concerning the financial year 1988 together with the institutions' replies (2),

- having regard to the Council recommendation of 12 March 1990 relating to the granting of this discharge (C 3-84/90),

- whereas the Treaty of 22 July 1975 empowers the European Parliament to grant a discharge in respect of the Community's financial activities,

- having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development and Cooperation (Doc. A 3-72/90),

1. Grants a discharge to the Commission in respect of the financial management of the fourth European Development Fund during the 1988 financial year on the basis of the following amount:

- payments: ECU 38 439 596,34;

2. Records its observations in the resolution accompanying this Decision (3);

3. Instructs its President to forward this Decision and the resolution containing its observations to the Commission, the Council, the Court of Auditors and the European Investment Bank and to ensure that they are published in the Official Journal of the European Communities (L series).

Done at Strasbourg, 3 April 1990.

1.2 // The Secretary-General // The President // Enrico VINCI // Enrique BARON CRESPO

(1) OJ No L 25, 30. 1. 1976, p. 1.

(2) OJ No C 312, 12. 12. 1989, p. 1.

(3) See page 55 of this Official Journal.
COUNCIL DECISION of 3 December 1990 authorizing the Federal Republic of Germany to grant an exemption from Articles 14 and 15 of the Sixth Directive 77/388/EEC on the harmonization of the laws of the Member States relating to turnover taxes for Soviet armed forces stationed on the territory of the Federal Republic of Germany (90/640/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to 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 (1), hereafter referred to as the 'Sixth Directive`, as last amended by the Eighteenth Directive 89/465/EEC (2), and in particular Article 30 thereof,

Having regard to the proposal from the Commission,

Whereas the Federal Republic of Germany has requested a derogation from Articles 14 and 15 of the Sixth Directive resulting from an obligation in the context of the Treaty between the Federal Republic of Germany and the Union of Soviet Socialist Republics on the conditions under which Soviet armed forces are to stay for a limited period in the territory of the Federal Republic of Germany and on the arrangements for their planned withdrawal from that territory;

Whereas the background to and the prospects for the above Treaty justify such a derogation;

Whereas in the light of recent political changes an equal VAT treatment for the armed forces stationed on the territory of the old Laender of the Federal Republic of Germany and referred to in Article 14 (1) (g) third indent and in Article 15 (10) third indent of the Sixth Directive and the Soviet armed forces stationed on the territory of the new Laender of the Federal Republic of Germany is justified,

HAS ADOPTED THIS DECISION:

Article 1

By way of derogation from Article 14 (1) (g) third indent and Article 15 (10) third indent of the Sixth Directive, the Federal Republic of Germany is hereby authorized to exempt, with refund of the tax paid at the preceding stage, the following tansactions:

- imports of equipment of the Soviet armed forces as well as import of proper quantities of food, supply goods and other goods to be used by the Soviet armed forces, their members or the families of these members;

- supplies of goods and services to the Soviet armed forces ordered by an official procurement office of the Soviet army to be used or consumed by the Soviet armed forces, their members or the families of these members.

Article 2

The Federal Republic of Germany shall adopt such provisions as are necessary to prevent any fraud resulting from the transactions referred to in Article 1.

Article 3

This Decision is addressed to the Federal Republic of Germany.

This Decision shall apply from 3 October 1990. It shall expire on the date of the definitive departure of the Soviet armed forces from the territory of the Federal Republic of Germany.

Done at Brussels, 3 December 1990. For the Council The President G. CARLI
Corrigendum to Council Decision 91/123/EEC of 25 February 1991 concerning the conclusion of a Cooperation Agreement between the European Economic Community and the Kingdom of Sweden on a research and development programme for the European Economic Community in the field of applied metrology and chemical analysis (BCR) (Official Journal of the European Communities No L 61 of 7 March 1991)

On page 39 in Article 7 of the Agreement: >TABLE POSITION>
COUNCIL DECISION of 21 December 1990 concerning the provisional application of the Agreed Minute amending the Agreement between the European Economic Community and the Republic of Bulgaria on trade in textile products (91/95/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, under Decision 87/496/EEC(1), the Agreement between the European Economic Community and the Republic of Bulgaria on trade in textile products, initialled on 11 July 1986, has been provisionally applied, in so far as it affects the Community, since 1 January 1987, pending completion of the procedures necessary for its conclusion;

Whereas that Agreement includes provision for consultations;

Whereas Bulgaria accepted the Community's offer to integrate into the Agreement for 1991 provisions for the reimport of textile products after processing, manufacturing or working in that country, in accordance with the relevant Community legislation;

Whereas it was agreed that the Agreed Minute of the consultations that took place on that matter will be applied provisionally as from 1 January 1991 pending the completion of the procedures necessary for its conclusion, provided that there is a reciprocal provisional application on the part of the other Contracting Party,

HAS DECIDED AS FOLLOWS:

Sole Article

The Agreed Minute amending the Agreement between the European Economic Community and the Republic of Bulgaria on trade in textile products shall be applied provisionally as from 1 January 1991 pending its formal conclusion, providing that there is a reciprocal provisional application by the other Contracting Party.

The text of the Agreed Minute is attached to this Decision.

Done at Brussels, 21 December 1990.

For the Council The President A. RUBERTI

(1) OJ N° L 287, 9. 10. 1987, p. 1.
COUNCIL DECISION of 18 December 1990 concerning the conclusion of the Agreement between the European Economic Community and the Eastern Republic of Uruguay on trade in textile products (91/66/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 the Agreement negotiated between the European Economic Community and the Eastern Republic of Uruguay on trade in textile products initialled in Brussels on 10 November 1986 and applied on a provisional basis by Decision 87/473/EEC (1), as from 1 January 1987, should be approved,

HAS DECIDED AS FOLLOWS: Article 1 The Agreement between the European Economic Community and the Eastern Republic of Uruguay on trade in

textile products is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision. Article 2 The President of the Council is hereby authorized to designate the person empowered to sign the above Agreement in order to bind the Community.

Done at Brussels, 18 December 1990.

For the Council

The President

G. DE MICHELIS

(1) OJ No L 263, 14. 9. 1987, p. 120.
COMMISSION DECISION of 4 February 1991 amending Decision 90/182/Euratom, EEC authorizing the United Kingdom 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 English text is authentic) (91/86/EEC, Euratom)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic 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', Member States may continue to exempt or tax certain transactions; whereas these transactions must be taken into account for the determination of the VAT own resources base;

Whereas the possibility afforded to Member States of continuing to tax or exempt certain transactions listed in Annexes E and F to the Sixth Directive was terminated with effect from 1 January 1990 by virtue of Article 1 (1), first paragraph, 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 the Commission, on the basis of Regulation (EEC, Euratom) No 1553/89, adopted Decision 90/182/Euratom, EEC (4) authorizing the United Kingdom, 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 the United Kingdom began exempting the transactions referred to in point 6 of Annex E to the Sixth Directive on 1 January 1990 and taxing those referred to in points 21 and 22 of Annex F to that Directive on 1 August 1990, the authorizations granted in respect of such transactions should be discontinued with effect from those dates;

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 of Decision 90/182/Euratom, EEC is hereby repealed with effect from 1 January 1990.

2. Article 2 (2) of Decision 90/182/Euratom, EEC is hereby repealed with effect from 1 August 1990. Article 2

This Decision is addressed to the United Kingdom. Done at Brussels, 4 February 1991. 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. 33.
COUNCIL DECISION of 27 February 1991 extending the validity of Decision 86/283/EEC on the association of the overseas countries and territories with the European Economic Community (91/110/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 136 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas, pending a new decision by the Council on the association of the overseas countries and territories with the European Economic Community, the arrangements applicable by virtue of Decision 86/283/EEC (2), as last amended by Decision 90/146/EEC (3), should be kept in force until 30 June 1991,

HAS DECIDED AS FOLLOWS:

Article 1

In Article 183 of Decision 86/283/EEC '28 February 1991' shall be replaced by '30 June 1991'.

Article 2

This Decision shall take effect on the day of its publication in the Official Journal of the European Communities.

It shall apply with effect from 1 March 1991.

Done at Brussels, 27 February 1991.

For the Council

The President

J.-C. JUNCKER

(1) Opinion delivered on 22 February 1991 (not yet published in the Official Journal).

(2) OJ No L 175, 1. 7. 1986, p. 1.

(3) OJ No L 84, 30. 3. 1990, p. 108.
COUNCIL DECISION of 25 February 1991 concerning the conclusion of a Cooperation Agreement between the European Economic Community and the Kingdom of Sweden on a research and development programme for the European Economic Community in the field of applied metrology and chemical analysis (BCR) (91/123/EEC)

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 Parliament (2),

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

Whereas by Decision 88/418/EEC (4), the Council adopted a research and development programme for the European Economic Community in the field of applied metrology and chemical analysis (1988 to 1992) (BCR); whereas Article 4

of this Decision authorizes the Commission to negotiate agreements with third countries and in particular with

those European countries having concluded framework agreements for scientific and technical cooperation with the Community with a view to associating them wholly or partly with the programme;

Whereas by Decision 87/177/EEC (5), the Council approved the conclusion on behalf of the European Economic Community of the Framework Agreement for scientific and technical cooperation between the European Communities and, among others, the Kingdom of Sweden;

Whereas the Cooperation Agreement between the European Economic Community and the Kingdom of Sweden on a research and development programme for the European Economic Community in the field of applied metrology and chemical analysis (BCR) should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Cooperation Agreement between the European Economic Community and the Kingdom of Sweden on a research and development programme for the European Economic Community in the field of applied metrology and chemical analysis (BCR) 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 carry out the notification as provided for in Article 11 of the Agreement.

Done at Brussels, 25 February 1991.

For the Council

The President

J.-C. JUNCKER

(1) OJ N° C 148, 16. 6. 1990, p. 31.

(2) OJ N° C 284, 12. 11. 1990, p. 76 and Decision of 24 January 1991 (not yet published in the Official Journal).

(3) OJ N° C 31, 6. 2. 1991, p. 35.

(4) OJ N° L 206, 30. 7. 1988, p. 29.

(5) OJ N° L 71, 14. 3. 1987, p. 29.
COMMISSION DECISION of 8 March 1991 approving the programme for the eradication of bovine tuberculosis presented by Ireland and fixing the level of the Community's financial contribution (Only the English text is authentic) (91/171/EEC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1) and in particular Article 24 thereof,

Whereas by letters dated 21 November 1990 and 20 December 1990, Ireland has submitted a three-year programme for the eradication of bovine tuberculosis,

Whereas the more important elements of the new programme involve submitting all bovines, except these intended for immediate slaughter to a single intradermal tuberculin test, with negative results, 60 days prior to their movement and all tuberculin tests will be carried out by veterinarians employed by or under direct contact to the State, general practitioners or their assistants will not carry out tuberculin testing in their clients herds, except in those circumstances where the clients herds are more than 10 kilometers from the main practice base,

Whereas the validity of the premovement test will be reduced from 60 to 30 days in the second and third year of the programme,

Whereas after examination of the programme it was found to comply with all Community criteria relating to the eradication of the disease in conformity with Council Decision 90/638/EEC on laying down Community criteria for the eradication and monitoring of certain animal diseases (2),

Whereas a Community financial contribution will be given provided the above mentioned conditions are fulfilled, and the Irish authorities will provide all necessary information in conformity with Article 24, 8 of Council Decision 90/424/EEC, and whereas it is appropriate to fix the Community financial participation at the rate of 50 % of the costs incurred by way of compensation to owners for the slaughter of cattle because of bovine tuberculosis,

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 programme for the eradication of bovine tuberculosis presented by Ireland is hereby approved for a period of three years.

Article 2

Ireland shall bring into force by 18 March 1991 the laws, regulations and administrative provisions for implementing the programme referred in Article 1.

Article 3

Financial participation by the Community shall be at the rate of 50% of the costs incurred in Ireland by way of compensation for owners for the slaughter of cattle because of bovine tuberculosis.

Article 4

The Community financial contribution shall be granted after the supporting documents have been supplied.

Article 5

This Decision is addressed to Ireland. Done at Brussels, 8 March 1991.

For the Commission

Ray MAC SHARRY

Member of the Commission

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

(2) OJ No L 347, 12. 12. 1990, p. 27.
COMMISSION DECISION of 26 March 1991 approving the plan for the eradication of brucellosis in sheep and goats presented by the Hellenic Republic (Only the Greek text is authentic) (91/218/EEC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Decision 90/242/EEC of 21 May 1990 introducing a Community financial measure for the eradication of brucellosis in sheep and goats (1) and in particular Article 6 thereof,

Whereas, in accordance with Article 1 of Decision 90/242/EEC Member States, as appropriate, are to prepare plans for the eradication of brucellosis in sheep and goats in accordance with Articles 3, 4 and 5 of the same Decision;

Whereas by letter dated 27 September 1990 the Hellenic Republic notified the Commission of a two-year plan for the eradication of brucellosis in sheep and goats;

Whereas, after examination, the plan was found to comply with Decision 90/242/EEC;

Whereas the conditions for financial participation by the Community are therefore met, whereas it is available in relation to this question to apply the disposition of Article 9 (2) first indent;

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 plan for the eradication of brucellosis in sheep and goats presented by the Hellenic Republic is hereby approved. Article 2

The Hellenic Republic shall bring into force by 1 June 1991 the laws, regulations and administrative provisions for implementing the plan referred to in Article 1. Article 3

This Decision is addressed to the Hellenic Republic. Done at Brussels, 26 March 1991. For the Commission

Ray MAC SHARRY

Member of the Commission (1) OJ No L 140, 1. 6. 1990, p. 123.
COUNCIL DECISION of 15 April 1991 concerning the provisional application of the Agreed Minute amending the Agreement between the European Economic Community and Malaysia on trade in textile products (91/228/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, pending the completion of the procedure necessary for its conclusion, the Agreement between the European Economic Community and Malaysia on trade in textile products, initialled on 28 June 1986, has been provisionally applied since 1 January 1987 in accordance, having regard to the Community, with Decision 87/422/EEC (1);

Whereas that Agreement provides for the possibility of re-examining quantitative adjustments to the quotas for certain categories, in order to allow for the introduction of the harmonized system;

Whereas, following consultations between the Community and Malaysia, an Agreed Minute modifying the quotas on products of categories 4, 5 and 6 provided for in the Agreement was initialled on 20 November 1990;

Whereas, pending the completion of the procedures necessary for the conclusion of the Agreement and the other Agreed Minutes, the Agreed Minute of 20 November 1990 should be applied provisionally, with effect from 1 January 1990, provided that there is reciprocal provisional application on the part of Malaysia,

HAS DECIDED AS FOLLOWS: Article 1

Pending the completion of the procedures necessary for its conclusion, the Agreed Minute of 20 November 1990 amending the Agreement between the European Economic Community and Malaysia on trade in textile products shall be applied provisionally in the Community, with effect from 1 January 1990, provided that there is reciprocal provisional application on the part of Malaysia.

The text of the Agreed Minute is attached to this Decision. Article 2

The Commission is invited to seek the agreement of the Government of Malaysia on the provisional application of the Agreed Minute referred to in Article 1 and to notify the Council thereof. Done at Luxembourg, 15 April 1991. For the Council

The President

J. F. POOS (1) OJ No L 233, 19. 8. 1987, p. 83.