Official Journal C311 - EUR-Lex - European Union

Acts adopted under Title VI of the Treaty on European Union

2006/C 311/01 Council Decision of 4 December 2006 amending Europol's Staff Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

2006/C 311/02 Council Decision of 4 December 2006 amending the Decision of 27 March 2000 authorising theDirector of Europol to enter into negotiations on agreements with third States and non-EU relatedbodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

2006/C 311/03 Council Decision of 4 December 2006 adjusting the basic salaries and allowances applicable to Europolstaff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

2006/C 311/04 Decision No 1/2006 of the Joint Supervisory Body of Europol of 26 June 2006 amending its rules ofprocedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

I Information

Commission

2006/C 311/05 Euro exchange rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

2006/C 311/06 Information pursuant to Council Regulation (EC) No 539/2001 of 15 March 2001 listing the thirdcountries whose nationals must be in possession of visas when crossing the external borders and thosewhose nationals are exempt from that requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

2006/C 311/07 Commission communication in the framework of the implementation of the Directive 97/23/EC of theEuropean Parliament and of the Council of 29 May 1997 on the approximation of the laws of theMember States concerning pressure equipment (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

2006/C 311/08 Summary information communicated by Member States regarding State aid granted under CommissionRegulation (EC) No 1/2004 of 23 December 2003 on the application of Articles 87 and 88 of the ECTreaty to State aid to small and medium-sized enterprises active in the production, processing andmarketing of agricultural products (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

Official Journalof the European Union

EN(1) Text with EEA relevance (Continued overleaf)

Contents PageNotice No

Price:18 EUR

ISSN 1725-2423

English edition

Volume 49

C311

Information and Notices 19 December 2006

2006/C 311/09 Notice of initiation of an anti-dumping proceeding concerning imports of polyvinyl alcohol (PVA)originating in the People's Republic of China and Taiwan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

2006/C 311/10 Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports ofsolutions of urea and ammonium nitrate originating in Russia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

2006/C 311/11 Commission notice to producers of maize . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

2006/C 311/12 Prior notification of a concentration (Case COMP/M.4514 — Advent/Carlyle/H.C.Starck) — Candidatecase for simplified procedure (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

2006/C 311/13 Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports ofammonium nitrate originating in Russia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

2006/C 311/14 Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports ofammonium nitrate originating in Ukraine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

2006/C 311/15 List of third countries recognised under the procedure laid down in Article 18(3) of Directive 2001/25/EC on the minimum level of training of seafarers (Situation on 20 November 2006) (1) . . . . . . . . . . . . . . . . . . . . . . 59

2006/C 311/16 Prior notification of a concentration (Case COMP/M.4520 — Industri Kapital/Attendo) — Candidatecase for simplified procedure (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60

2006/C 311/17 Corresponding values of the thresholds of Directives 2004/17/EC and 2004/18/EC of the EuropeanParliament and of the Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61

2006/C 311/18 Non-opposition to a notified concentration (Case COMP/M.4433 — RREEF/Peel Ports Holdings/PeelPorts) (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

The European Anti-fraud Office (OLAF)

2006/C 311/19 Rules of procedure of the OLAF Supervisory Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

Contents (continued) PageNotice No

(1) Text with EEA relevanceEN

(Acts adopted under Title VI of the Treaty on European Union)

COUNCIL DECISION

of 4 December 2006

amending Europol's Staff Regulations

(2006/C 311/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Convention on the establishment of aEuropean Police Office (‘Europol Convention’) (1), and in par-ticular Article 30(3) thereof,

Having regard to the initiative by the Republic of Austria (2),

Having regard to the Opinion of the European Parliament (3),

Having regard to the Opinion of the Management Board ofEuropol,

Whereas:

(1) It is desirable to amend the Staff Regulations applicableto Europol employees, as laid down in the Council Act of3 December 1998 (4) (hereinafter referred to as the‘Staff Regulations’), in order to provide for a maximumperiod of service of nine years under two fixed termcontracts for all employees.

(2) It is furthermore desirable to amend the Staff Regulationsin order to regulate the employment relationships of theFinancial Controller, of the Assistant Financial Controller(s) and of staff working for the Financial Controller'sOffice, and the employment relationships of the Secretaryof the Management Board of Europol and of staffworking for the Management Board Secretariat.

(3) It is for the Council, acting unanimously, to lay down thedetailed arrangements applicable to Europol employeesand make subsequent amendments,

HAS DECIDED AS FOLLOWS:

Article 1

The Staff Regulations are hereby amended as follows:

1) The following paragraphs shall be added to Article 1:

‘3. The Staff Regulations shall also apply to the FinancialController and Assistant Financial Controller(s) of Europol

and to staff working for the Financial Controller's Office,without prejudice to the Europol Convention or to theEuropol Financial Regulation and as far as not otherwiseprovided in Appendix 10, which establishes special provi-sions concerning the Financial Controller, the AssistantFinancial Controller(s) and staff working for the FinancialController's Office.

4. The Staff Regulations shall also apply to the Secretaryof the Management Board of Europol and to staff workingfor the Management Board Secretariat, without prejudice tothe Europol Convention and as far as not otherwise providedin Appendix 11, which establishes special provisionsconcerning the Secretary of the Management Board and staffworking for the Management Board Secretariat.’;

2) Article 6 shall be replaced by the following:

‘Article 6

All Europol staff, whether recruited to a post which can befilled only by staff engaged from the competent authoritiesreferred to in Article 2(4) of the Europol Convention orwhether recruited to a post which is not subject to thatrestriction, shall initially be engaged for a fixed period ofbetween one and five years.

First contracts may be renewed. The total length of the fixed-term contracts, including any periods of renewal, shall notbe more than nine years.

Only staff recruited to a post not restricted to staff engagedfrom the competent authorities referred to in Article 2(4) ofthe Europol Convention may be engaged for an indefiniteperiod after serving two contracts for a fixed period consis-tently to a highly satisfactory standard for a minimumperiod of service of six years.

The Management Board of Europol shall give its consent ona yearly basis insofar as the Director of Europol intends togrant contracts of indefinite duration. The ManagementBoard may fix ceilings for the total number of such contractsto be granted.’;

19.12.2006 C 311/1Official Journal of the European UnionEN

(1) OJ C 316, 27.11.1995, p. 2. Convention as last amended by theProtocol of 27 November 2003 (OJ C 2, 6.1.2004, p. 1).

(2) OJ C 71, 23.3.2006, p. 16.(3) Opinion delivered on 12 October 2006 (not yet published in the Offi-

cial Journal).(4) OJ C 26, 30.1.1999, p. 23. Act as last amended by Decision 2006/519/

EC (OJ L 203, 26.7.2006, p. 10).

3) Article 95 shall be replaced by the following:

‘Article 95

Employment, whether for a fixed or for an indefinite period,may be terminated by Europol without notice:

(a) during or at the end of the probationary period inaccordance with Article 26;

(b) if the official ceases to satisfy the requirements of Article24(2)(a) and (d); however, if the official ceases to satisfythe requirements of Article 24(2)(d), his contact may beterminated only in accordance with Article 65;

(c) if the period of secondment, special leave or temporaryoutplacement agreed to by the competent authority isterminated in the case of an official occupying a postwhich can be filled only by staff engaged from thecompetent authorities referred to in Article 2(4) of theEuropol Convention;

(d) if the official is unable to resume his duties at the end ofa period of paid sick leave as provided for in Article 38.In such a case, the official shall receive an allowanceequal to his basic salary, plus family allowances at therate of two days per month of service completed.’;

4) Article 3(3) of Appendix 2 shall be replaced by thefollowing:

‘3. Without prejudice to the maximum periods of serviceprovided for in Article 6 of the Staff Regulations, for allvacant posts both internal and external applications shall beconsidered.’;

5) The following appendix shall be added after Appendix 9:

‘APPENDIX 10

Special provisions concerning the Financial Controller, theAssistant Financial Controller(s) and staff working for theFinancial Controller's Office

CHAPTER 1

FUNCTION AND DUTIES

Article 1

1. The Financial Controller shall be responsible for andshall perform the tasks assigned to him by the EuropolConvention and by the Europol Financial Regulation, and allother tasks assigned to the Financial Controller by theManagement Board.

2. In accordance with Article 20 of the Europol FinancialRegulation, in carrying out his duties, the FinancialController shall be accountable solely to the ManagementBoard and shall be responsible to it for their performance.

3. The Assistant Financial Controller(s) shall be respon-sible for and shall perform the tasks assigned to them by theEuropol Convention and by the Europol Financial Regu-lation, and all other tasks assigned to them by the FinancialController.

4. In carrying out their duties, the Assistant FinancialController(s) and any additional staff working for the Finan-cial Controller's Office shall be accountable solely to theManagement Board and shall be responsible to it for theirperformance.

5. The Financial Controller and one or more AssistantFinancial Controller(s) shall be appointed in accordance withArticle 35(7) of the Europol Convention and with thefurther rules set out in this Appendix.

Article 2

1. Unless provided otherwise in this Appendix, where theStaff Regulations provide for the exercise of authority orcontrol by the Director over members of Europol staff, anysuch provision shall be read, in respect of the FinancialController, the Assistant Financial Controller(s) and addi-tional staff working for the Financial Controller's Office, asreferring to the Chairman of the Management Board.

2. Any decision taken in accordance with this Appendixby the Management Board or by the Chairman of theManagement Board that requires legal implementation shallbe formalised by the Director, acting as the legal representa-tive of Europol in accordance with Article 29(5) of theEuropol Convention.

CHAPTER 2

ELIGIBILITY AND SELECTION PROCEDURES

Article 3

In accordance with Article 35(7) of the Europol Conventionand Article 20 of the Europol Financial Regulation, theFinancial Controller and the Assistant Financial Controller(s)shall be selected from one of the official audit bodies of oneof the Member States.

Article 4

Recruitment for the post of Financial Controller shall becarried out in accordance with Article 35(7) of the EuropolConvention and Chapter 3 and Appendix 2 of the StaffRegulations, subject to the following special provisions:

(a) a Selection Board shall be set up by the Chairman of theManagement Board, which shall consist of the represen-tatives of three Member States, including the Presidency,the others being determined by the drawing of lots bythe Management Board; those three members shall electone of their number as the Chairman of the SelectionBoard;

(b) the advertisement shall be drawn up by the ManagementBoard;

(c) the Head of the Human Resources Unit shall act as theSecretary of the Selection Board and shall provide admin-istrative support as required; he shall have no vote in theselection procedure, nor shall he exercise any other influ-ence on the outcome of the procedure;

19.12.2006C 311/2 Official Journal of the European UnionEN

(d) the test(s), if any, shall be prepared exclusively by themembers of the Selection Board, who may decide againstthe need for written test(s); all pre-selected candidatesshall be interviewed by the Selection Board;

(e) the list of the successful candidates in order of meritdrawn up by the Selection Board shall be forwarded tothe Chairman of the Management Board;

(f) the Management Board shall select the successful candi-date by unanimous decision, in accordance with Article35(7) of the Europol Convention.

Article 5

Recruitment of one or more Assistant Financial Controller(s)and of staff working for the Financial Controller's office shallbe carried out in accordance with Chapter 3 and Appendix 2of the Staff Regulations and, in respect of the AssistantFinancial Controller(s), with Article 35(7) of the EuropolConvention, subject to the following special provisions:

(a) for the recruitment of an Assistant Financial Controller, aSelection Board shall be set up by the Chairman of theManagement Board, which shall consist of the FinancialController, who shall act as the Chairman of the Selec-tion Board, two representatives of Member States,including the Presidency, the other being determined bythe drawing of lots by the Management Board, and theHead of the Human Resources Unit, who shall act as thesecretary to the Selection Board; the secretary of theSelection Board shall have no vote in the selection proce-dure, nor shall he exercise any other influence on theoutcome of the selection procedure;

(b) for the recruitment of other staff working for the Finan-cial Controller's Office, a Selection Board shall be set upby the Financial Controller, who shall act as theChairman of the Selection Board, and the Head of theHuman Resources Unit, who shall act as the secretary ofthe Selection Board; the secretary of the Selection Boardshall have no vote in the selection procedure, nor shallhe exercise any other influence on the outcome of theselection procedure; furthermore the Presidency may, if itso wishes, assign a representative to serve as a memberof the Selection Board;

(c) the advertisement shall be drawn up by the SelectionBoard;

(d) the test(s) shall be prepared exclusively by the membersof the Selection Board, who shall interview all pre-selected candidates;


(f) as regards the Assistant Financial Controller(s), theManagement Board shall select the successful candidate(s)

by unanimous decision, in accordance with Article 35(7)of the Europol Convention and Article 20(1) of theEuropol Financial Regulation;

(g) as regards other staff working for the Financial Control-ler's Office, the Chairman of the Management Boardshall select the successful candidate.

CHAPTER 3

TERM OF OFFICE, CONDITIONS OF ENGAGEMENT ANDINCOMPATIBILITIES

Article 6

1. The initial term of office of the Financial Controllershall be determined by the Management Board by unani-mous decision in accordance with Article 6 of theStaff Regulations. The contract may be renewed by unani-mous decision of the Management Board in accordance withArticle 6 of the Staff Regulations.

2. The initial term of office of the Assistant FinancialController(s) shall be determined by the Management Boardby unanimous decision in accordance with Article 6 of theStaff Regulations. The contract may be renewed by unani-mous decision of the Management Board in accordance withArticle 6 of the Staff Regulations.

3. The initial term of office of staff working for the Finan-cial Controller shall be determined by the Chairman of theManagement Board in accordance with Article 6 of the StaffRegulations. On the basis of advice from the FinancialController, contracts may be renewed by decision of theChairman of the Management Board in accordance withArticle 6 of the Staff Regulations.

Article 7

1. The post of Financial Controller shall be deemed tocorrespond to that of a Head of Unit in accordance withArticle 45 and Appendix 1 of the Staff Regulations.

2. The post of Assistant Financial Controller(s) shall bedeemed to correspond to that of First Officer in accordancewith Article 45 and Appendix 1 of the Staff Regulations.

Article 8

1. The initial salary scale and the incremental point atwhich the Financial Controller and the Assistant FinancialController(s) shall be engaged shall be determined by unani-mous decision of the Management Board.

2. In the case of the Financial Controller, all the periodicalreports and decisions provided for in Chapter 3 of the StaffRegulations shall be made by the Chairman of the Manage-ment Board, who shall be assisted to that end by his prede-cessors as regards previous periods of service.


3. In the case of the Assistant Financial Controller(s), allthe periodical reports and decisions provided for in Chapter3 of the Staff Regulations shall be made by the FinancialController and shall be subject to confirmation by theChairman of the Management Board.

Article 9

1. The initial salary scale and the incremental point atwhich staff working for the Financial Controller's Office shallbe engaged shall be determined by the Chairman of theManagement Board.

2. In the case of staff working for the Financial Control-ler's Office, on the basis of advice from the FinancialController, all the periodical reports and decisions providedfor in Chapter 3 of the Staff Regulations shall be made bythe Financial Controller and confirmed by the Chairman ofthe Management Board.

Article 10

Once their terms of office have been completed, neither theFinancial Controller nor the Assistant Financial Controller(s)may be recruited for a Europol post subject to the authorityof the Director for at least eighteen months.

CHAPTER 4

TERMINATION OF SERVICE

Article 11

The service of the Financial Controller or of the AssistantFinancial Controller(s) shall be terminated in accordancewith Chapter 10 of the Staff Regulations, subject to thefollowing special provisions:

(a) any decision to terminate the service of the FinancialController or of the Assistant Financial Controller(s) shallbe taken by the Management Board by unanimous deci-sion;

(b) a decision to terminate the service of the FinancialController or of the Assistant Financial Controller(s) ondisciplinary grounds shall take into account the specialprovisions on disciplinary proceedings set out in Chapter5 of this Appendix.

Article 12

The service of staff working for the Financial Controller'sOffice shall be terminated in accordance with Chapter 10 ofthe Staff Regulations, subject to the following special provi-sions:

(a) any decision to terminate the service of staff working forthe Financial Controller's Office shall be taken by theChairman of the Management Board, acting on thereasoned advice of the Financial Controller;

(b) a decision to terminate the service of staff working forthe Financial Controller's Office on disciplinary grounds

shall take into account the special provisions on disci-plinary proceedings set out in Chapter 5 of thisAppendix.

CHAPTER 5

DISCIPLINARY PROCEEDINGS

Article 13

Disciplinary proceedings against the Financial Controller andthe Assistant Financial Controller(s) shall be carried out inaccordance with Article 49(5) of the Financial Regulationand Chapter 8 and Appendix 7 of the Staff Regulations,subject to the following special provisions:

(a) a Disciplinary Board shall be set up by the ManagementBoard, which shall consist of the Chairman of theManagement Board, who shall serve as the Chairman ofthe Disciplinary Board, and of representatives of threeMember States determined by the drawing of lots by theManagement Board; the representatives shall be of higheror comparable rank or level of seniority to the FinancialController or the Assistant Financial Controller(s); theyshall not at the same time be members of the Manage-ment Board;

(b) a change of Presidency shall not affect the compositionof the Disciplinary Board; whenever vacancies arise forother reasons, they shall be filled by the drawing of lots;

(c) the Disciplinary Board shall be assisted by a secretary,who may be the Head of the Legal Affairs Unit if that isdesired;

(d) the Management Board shall have the right to issue awritten warning or a reprimand by unanimous decisionwithout consulting the Disciplinary Board, on a proposalfrom the Chairman of the Management Board or one ofits other members; the Financial Controller or the Assis-tant Financial Controller(s) shall be informed thereof inwriting, and shall be heard before any such action istaken;

(e) other disciplinary measures shall be ordered by theManagement Board by unanimous decision once thedisciplinary procedure provided for in this Appendix andin Appendix 7 to the Staff Regulations has beencompleted; that procedure shall be initiated by theChairman of the Management Board, once he has heardthe Financial Controller or the Assistant FinancialController(s);

(f) the right of suspension provided for in Article 90 of theStaff Regulations and the right to decide on a request forthe removal of all references to disciplinary measuresfrom the personal file provided for in Article 91 of theStaff Regulations shall be exercised by the Chairman ofthe Management Board, who shall consult the membersof the Management Board;


(g) a report shall be submitted to the Disciplinary Board bythe Management Board, stating clearly the factscomplained of and, where appropriate, the circumstancesin which they arose;

(h) at the first meeting of the Disciplinary Board, themembers shall appoint one of their number to prepare ageneral report on the matter;

(i) the reasoned opinion of the Disciplinary Board providedfor in Article 15 of Appendix 7 shall be sent to theFinancial Controller and to the Management Board,which shall take its decision by unanimity within onemonth of receiving the opinion, after hearing the Finan-cial Controller or the Assistant Financial Controller(s);

(j) where there are new facts which are supported by rele-vant evidence, the disciplinary procedure may bereopened by the Management Board on its own initiativeor at the request of the Financial Controller or the Assis-tant Financial Controller(s).

Article 14

Disciplinary proceedings against staff working for the Finan-cial Controller's Office shall be carried out in accordancewith Chapter 8 and Appendix 7 of the Staff Regulations,subject to the following special provisions:

(a) a Disciplinary Board shall be set up by the ManagementBoard, which shall consist of three representatives ofMember States determined by the drawing of lots by theManagement Board; the representatives shall be of ahigher or comparable rank or level of seniority to themember of staff working for the Financial Controller'sOffice; they shall not at the same time be members ofthe Management Board; they shall agree that one of theirnumber shall act as Chairman of the Disciplinary Board;



(d) the Management Board shall have the right to issue awritten warning or a reprimand by unanimous decisionwithout consulting the Disciplinary Board, on his owninitiative or on a proposal from one of the members ofthe Management Board; the member of staff working forthe Financial Controller's Office shall be informedthereof in writing, and shall be heard before any suchaction is taken;

(e) other disciplinary measures shall be ordered by theChairman of the Management Board once the disci-plinary procedure provided for in this Appendix and inAppendix 7 to the Staff Regulations has been completed;

that procedure shall be initiated by the Chairman of theManagement Board, once he has heard the member ofstaff working for the Financial Controller's Office;

(f) the right of suspension provided for in Article 90 of theStaff Regulations and the right to decide on a request forthe removal of all references to disciplinary measuresfrom the personal file provided for in Article 91 of theStaff Regulations shall be exercised by the Chairman ofthe Management Board;

(g) a report shall be submitted to the Disciplinary Board bythe Chairman of the Management Board, stating clearlythe facts complained of and, where appropriate, thecircumstances in which they arose;


(i) the reasoned opinion of the Disciplinary Board providedfor in Article 15 of Appendix 7 shall be sent to themember of staff working for the Financial Controller'sOffice and to the Chairman of the Management Board,who shall take his decision within one month ofreceiving the opinion, after hearing the member of staffworking for the Financial Controller's Office;

(j) where there are new facts which are supported by rele-vant evidence, the disciplinary procedure may bereopened by the Chairman of the Management Board onhis own initiative or at the request of the officialconcerned.

CHAPTER 6

LIABILITY

Article 15

1. As regards the liability of the Financial Controller andthe Assistant Financial Controller(s) under Article 49(5) and(6) of the Financial Regulation, the Financial Controller andthe Assistant Financial Controller(s) shall insure themselvesagainst such risks.

2. Europol shall cover the insurance costs relating thereto.

CHAPTER 7

APPEALS

Article 16

1. Complaints by the Financial Controller, an AssistantFinancial Controller or a member of staff working for theFinancial Controller's Office pursuant to Article 92(2) of theStaff Regulations shall be submitted to, and dealt with by,the authority which took the definitive decision in thematter.


2. Appeals by the Financial Controller, an Assistant Finan-cial Controller or a member of staff working for the Finan-cial Controller's Office pursuant to Article 93 of the StaffRegulations shall lie only if the authority which took thedefinitive decision in the matter previously had a complaintsubmitted to it pursuant to paragraph 1 and that complaintwas rejected by express decision or implicit decision.However, the person concerned may, after submitting acomplaint pursuant to paragraph 1, immediately file anappeal with the Court of Justice of the European Commu-nities, under the conditions laid down in Article 93(4) of theStaff Regulations.

CHAPTER 8

SPECIAL PROVISIONS CONCERNING THE FINANCIALCONTROLLER AND TRANSITIONAL PROVISIONS

Article 17

Where the Financial Controller is unable to exercise his func-tions for a period of more than one month, or the positionof Financial Controller is vacant, his duties shall beperformed by an Assistant Financial Controller. For thatpurpose the Management Board shall indicate the order ofreplacement whenever an Assistant Financial Controller isappointed.

Article 18

When decisions concerning the Financial Controller, theAssistant Financial Controller(s) or staff working for theFinancial Controller's Office or contractual arrangementsconcerning a person occupying the post of FinancialController, Assistant Financial Controller or staff working forthe Financial Controller's Office were made before the entryinto force of this Appendix, such decisions or contractualarrangements shall continue to apply.’;

6) The following appendix shall be added after Appendix 10:

‘APPENDIX 11

Special provisions concerning the Secretary of the Manage-ment Board and staff working for the Management BoardSecretariat

CHAPTER 1

FUNCTION AND DUTIES

Article 1

1. The Management Board shall be given the support of aSecretary and of additional staff working for the Manage-ment Board Secretariat so that it may carry out its duties.

2. In carrying out their duties, the Secretary of theManagement Board and staff working for the ManagementBoard Secretariat shall be accountable solely to the Manage-ment Board and shall be responsible to it for their perfor-

mance. However, if authorised by the Management Board inadvance, under its authority they may also carry out otherduties in the interests of Europol.

Article 2

1. Unless provided otherwise in this Appendix, where theStaff Regulations provide for the exercise of authority orcontrol by the Director or by Europol over members ofEuropol staff, any such provision shall be read, in respect ofthe Secretary of the Management Board and of staff workingfor the Management Board Secretariat, as referring to theChairman of the Management Board.

2. Any decision taken in accordance with this Appendixby the Management Board or by the Chairman of theManagement Board that requires legal implementation shallbe formalised by the Director, acting as the legal representa-tive of Europol in accordance with Article 29(5) of theEuropol Convention.

CHAPTER 2

ELIGIBILITY AND SELECTION PROCEDURES

Article 3

The posts of Secretary of the Management Board and ofadditional staff working for the Management Board Secre-tariat shall not be restricted to staff engaged from thecompetent authorities referred to in Article 2(4) of theEuropol Convention.

Article 4

Recruitment for the post of Secretary of the ManagementBoard shall be carried out in accordance with Chapter 3 andAppendix 2 of the Staff Regulations, subject to the followingspecial provisions:

(a) a Selection Board shall be set up by the Chairman of theManagement Board, which shall consist of the represen-tatives of three Member States, including the Presidency,the others being determined by the drawing of lots bythe Management Board; those three members shall electone of their number as the Chairman of the SelectionBoard;

(b) the advertisement shall be drawn up by the ManagementBoard;

(c) the Head of the Human Resources Unit shall act as thesecretary of the Selection Board and shall provide admin-istrative support as required; he shall have no vote in theselection procedure, nor shall he exercise any other influ-ence on the outcome of the procedure;

(d) the test(s), if any, shall be prepared exclusively by themembers of the Selection Board, who may decide againstthe need for written test(s); all pre-selected candidatesshall be interviewed by the Selection Board;



(f) the Management Board shall select the successful candi-date by majority decision.

Article 5

Recruitment of staff working for the Management BoardSecretariat shall be carried out in accordance with Chapter 3and Appendix 2 of the Staff Regulations, subject to thefollowing special provisions:

(a) for the post of First Officer, a Selection Board shall be setup by the Chairman of the Management Board, whichshall consist of the Secretary of the Management Boardand two representatives of Member States, including thePresidency, the other being determined by the drawing oflots by the Management Board, one of whom shall serveas the Chairman of the Selection Board, and the Head ofthe Human Resources Unit, who shall act as the secretaryof the Selection Board; the secretary of the SelectionBoard shall have no vote in the selection procedure, norshall he exercise any other influence on the outcome ofthe selection procedure;

(b) for any post below First Officer, a Selection Board shallbe set up by the Chairman of the Management Board,which shall consist of the Secretary of the ManagementBoard, who shall act as the Chairman of the SelectionBoard, and the Head of the Human Resources Unit, whoshall act as the secretary of the Selection Board; thesecretary of the Selection Board shall have no vote in theselection procedure, nor shall he exercise any other influ-ence on the outcome of the selection procedure; further-more the Presidency may, if it so wishes, assign a repre-sentative to serve as a member of the Selection Board;

(c) the advertisement shall be drawn up by the SelectionBoard;

(d) the test(s) shall be prepared exclusively by the membersof the Selection Board, who shall interview all pre-selected candidates;


(f) the Chairman of the Management Board shall select thesuccessful candidate.

CHAPTER 3

TERM OF OFFICE AND CONDITIONS OF ENGAGEMENT

Article 6

1. The initial term of office of the Secretary of theManagement Board shall be determined by the ManagementBoard in accordance with Article 6 of the Staff Regulations.

The contract may be renewed by the Management Board inaccordance with Article 6 of the Staff Regulations.

2. The initial term of office of staff working for theManagement Board Secretariat shall be determined by theChairman of the Management Board in accordance withArticle 6 of the Staff Regulations. On the basis of advicefrom the Secretary of the Management Board, contracts maybe renewed by decision of the Chairman of the ManagementBoard in accordance with Article 6 of the Staff Regulations.

Article 7

The post of Secretary of the Management Board shall bedeemed to correspond to that of a Head of Unit in accord-ance with Article 45 and Appendix 1 of the Staff Regula-tions.

Article 8

1. The initial salary scale and the incremental point atwhich the Secretary of the Management Board shall beengaged shall be determined by the Management Board.

2. In the case of the Secretary of the Management Board,all the periodical reports provided for in Chapter 3 of theStaff Regulations shall be made by the Chairman of theManagement Board, who shall be assisted to that end by theHead of the Human Resources Unit and who shall alsoprepare the decision of the Management Board on the awardof additional incremental points following every two years ofservice.

Article 9

1. The initial salary scale and the incremental point atwhich staff working for the Management Board Secretariatshall be engaged shall be determined by the Chairman of theManagement Board on a proposal from the Selection Board.

2. In the case of staff working for the Management BoardSecretariat, on the basis of advice from the Secretary of theManagement Board, all the periodical reports provided for inChapter 3 of the Staff Regulations shall be made by theChairman of the Management Board, who shall also decideon the award of additional incremental points followingevery two years of service.

CHAPTER 4

TERMINATION OF SERVICE

Article 10

The service of the Secretary of the Management Board shallbe terminated in accordance with Chapter 10 of the StaffRegulations, subject to the following special provisions:

(a) any decision to terminate the service of the Secretary ofthe Management Board shall be taken by the Manage-ment Board;


(b) a decision to terminate the service of the Secretary of theManagement Board on disciplinary grounds shall takeinto account the special provisions on disciplinaryproceedings set out in Chapter 5 of this Appendix.

Article 11

The service of staff working for the Management BoardSecretariat shall be terminated in accordance with Chapter10 of the Staff Regulations, subject to the following specialprovisions:

(a) any decision to terminate the service of staff working forthe Management Board Secretariat shall be taken by theChairman of the Management Board;

(b) a decision to terminate the service of staff working forthe Management Board Secretariat on disciplinarygrounds shall take into account the special provisions ondisciplinary proceedings set out in Chapter 5 of thisAppendix.

CHAPTER 5

DISCIPLINARY PROCEEDINGS

Article 12

Disciplinary proceedings against the Secretary of the Manage-ment Board shall be carried out in accordance with Chapter8 and Appendix 7 of the Staff Regulations, subject to thefollowing special provisions:

(a) a Disciplinary Board shall be set up by the ManagementBoard, which shall consist of the Chairman of theManagement Board, who shall serve as the Chairman ofthe Disciplinary Board, and of representatives of threeMember States determined by the drawing of lots by theManagement Board; the representatives shall be of ahigher or comparable rank or level of seniority to theSecretary of the Management Board; they shall not at thesame time be members of the Management Board;



(d) the Management Board shall have the right to issue awritten warning or a reprimand by majority decisionwithout consulting the Disciplinary Board, on a proposalfrom the Chairman of the Management Board or one ofits other members; the Secretary of the ManagementBoard shall be informed thereof in writing, and shall beheard before any such action is taken;

(e) other disciplinary measures shall be ordered by theManagement Board by majority decision once the disci-

plinary procedure provided for in this Appendix and inAppendix 7 to the Staff Regulations has been completed;that procedure shall be initiated by the Chairman of theManagement Board, once he has heard the Secretary ofthe Management Board;

(f) the right of suspension provided for in Article 90 of theStaff Regulations and the right to decide on a request forthe removal of all references to disciplinary measuresfrom the personal file provided for in Article 91 of theStaff Regulations shall be exercised by the Chairman ofthe Management Board, who shall consult the membersof the Management Board;

(g) a report shall be submitted to the Disciplinary Board bythe Management Board, stating clearly the factscomplained of and, where appropriate, the circumstancesin which they arose;


(i) the reasoned opinion of the Disciplinary Board providedfor in Article 15 of Appendix 7 shall be sent to theSecretary of the Management Board and to the Manage-ment Board, which shall take its decision by majoritywithin one month of receiving the opinion, after hearingthe Secretary of the Management Board;

(j) where there are new facts which are supported by rele-vant evidence, the disciplinary procedure may bereopened by the Management Board on its own initiativeor at the request of the Secretary of the ManagementBoard.

Article 13

Disciplinary proceedings against staff working for theManagement Board Secretariat shall be carried out in accord-ance with Chapter 8 and Appendix 7 of the Staff Regula-tions, subject to the following special provisions:

(a) a Disciplinary Board shall be set up by the ManagementBoard, which shall consist of three representatives ofMember States determined by the drawing of lots by theManagement Board; the representatives shall be of ahigher or comparable rank or level of seniority to themember of staff working for the Management Board;they shall not at the same time be members of theManagement Board; they shall agree that one of theirnumber shall act as Chairman of the Disciplinary Board;




(d) the Chairman of the Management Board shall have theright to issue a written warning or a reprimand withoutconsulting the Disciplinary Board, on his own initiativeor on a proposal from one of the members of theManagement Board; the member of staff working for theManagement Board Secretariat shall be informed thereofin writing, and shall be heard before any such action istaken;

(e) other disciplinary measures shall be ordered by theChairman of the Management Board once the disci-plinary procedure provided for in this Appendix and inAppendix 7 to the Staff Regulations has been completed;that procedure shall be initiated by the Chairman of theManagement Board, once he has heard the member ofstaff working for the Management Board Secretariat;

(f) the right of suspension provided for in Article 90 of theStaff Regulations and the right to decide on a request forthe removal of all references to disciplinary measuresfrom the personal file provided for in Article 91 of theStaff Regulations shall be exercised by the Chairman ofthe Management Board;

(g) a report shall be submitted to the Disciplinary Board bythe Chairman of the Management Board, stating clearlythe facts complained of and, where appropriate, thecircumstances in which they arose;


(i) the reasoned opinion of the Disciplinary Board providedfor in Article 15 of Appendix 7 shall be sent to themember of staff working for the Management BoardSecretariat and to the Chairman of the ManagementBoard, who shall take his decision within one month ofreceiving the opinion, after hearing the officialconcerned;

(j) where there are new facts which are supported by rele-vant evidence, the disciplinary procedure may bereopened by the Chairman of the Management Board onhis own initiative or at the request of the officialconcerned.

CHAPTER 6

APPEALS

Article 14

1. Complaints by the Secretary of the Management Boardor a member of staff working for the Management Board

Secretariat pursuant to Article 92(2) of the Staff Regulationsshall be submitted to, and dealt with by, the authority whichtook the definitive decision in the matter.

2. Appeals by the Secretary of the Management Board ora member of staff working for the Management Board Secre-tariat pursuant to Article 93 of the Staff Regulations shall lieonly if the authority which took the definitive decision inthe matter previously had a complaint submitted to itpursuant to paragraph 1 and that complaint was rejected byexpress decision or implicit decision. However, the personconcerned may, after submitting a complaint pursuant toparagraph 1, immediately file an appeal with the Court ofJustice of the European Communities, under the conditionslaid down in Article 93(4) of the Staff Regulations.

CHAPTER 7

TRANSITIONAL PROVISIONS

Article 15

When decisions of the Management Board or contractualarrangements of a person occupying the post of Secretary ofthe Management Board or of a member of staff working forthe Management Board Secretariat were made before theentry into force of this Appendix, such decisions or contrac-tual arrangements shall continue to apply.’.

Article 2

This Decision shall take effect on the day following its adoption.

Article 3

This Decision shall be published in the Official Journal of theEuropean Union.

Done at Brussels, 4 December 2006.

For the Council

The PresidentL. LUHTANEN


COUNCIL DECISION

of 4 December 2006

amending the Decision of 27 March 2000 authorising the Director of Europol to enter into negotia-tions on agreements with third States and non-EU related bodies

(2006/C 311/02)


Having regard to Article 42(2), Article 10(4) and Article 18 ofthe Convention on the establishment of a European PoliceOffice (Europol Convention) (1),

Having regard to the Council Act of 3 November 1998 layingdown rules governing Europol's external relations with thirdStates and non-European Union related bodies (2), and in par-ticular Article 2 of that Act,

Having regard to the Council Act of 3 November 1998 layingdown rules governing the receipt of information by Europolfrom third parties (3), and in particular Article 2 of that Act,

Having regard to the Council Act of 12 March 1999 adoptingthe rules governing the transmission of personal data byEuropol to third States and third bodies (4), and in particularArticles 2 and 3 of that Act,

Whereas:

(1) Operational requirements and the need to combat in aneffective way organised forms of criminality throughEuropol, require that China and Liechtenstein be added tothe list of third States with whom the Director ofEuropol is authorised to start negotiations.

(2) Council Decision of 27 March 2000 (5) should thereforebe amended,


Article 1

Council Decision of 27 March 2000 is hereby amended asfollows:

in Article 2(1), under the heading ‘Third States’, the followingStates shall be added to the alphabetical list:

‘— China’;

and

‘— Liechtenstein’.

Article 2

This Decision shall be published in the Official Journal of theEuropean Union.

Article 3

This Decision shall enter into force on the day following that ofits adoption.


For the Council



(1) OJ C 316, 27.11.1995, p. 2.(2) OJ C 26, 30.1.1999, p. 19.(3) OJ C 26, 30.1.1999, p. 17.(4) OJ C 88, 30.3.1999, p. 1.(5) OJ C 106, 13.4.2000, p. 1. Decision as last amended by Decision

2005/169/EC (OJ L 56, 2.3.2005, p. 14).

COUNCIL DECISION

of 4 December 2006

adjusting the basic salaries and allowances applicable to Europol staff

(2006/C 311/03)


Having regard to the Council Act of 3 December 1998 laying down the Staff Regulations applicable toEuropol employees (1) (hereinafter referred to as ‘the Staff Regulations’), and in particular Article 44 thereof,

Having regard to the initiative by the Republic of Austria (2),

Having regard to the Opinion of the European Parliament (3),

Having regard to the review of the remuneration of officials of Europol by the Management Board ofEuropol,

Whereas:

(1) In the aforementioned review the Management Board took account of the changes in the cost ofliving in the Netherlands, as well as of the changes in salaries in the public service in the MemberStates.

(2) That review justifies an increase of 1,6 % of remuneration for the period between 1 July 2005 and 1July 2006.

(3) It is for the Council, acting unanimously, to adjust the basic salaries and allowances of officials ofEuropol, on the basis of the review,


Article 1

With effect from 1 July 2005, the Staff Regulations are hereby amended as follows:

(a) in Article 45, the table of basic monthly salaries shall be replaced by the following:

«1 2 3 4 5 6 7 8 9 10 11

1 14 913,23

2 13 391,45

3 9 191,42 9 428,81 9 666,21 9 921,87 10 177,53 10 445,33 10 711,93 10 993,18 11 276,23 11 574,50 11 869,70

4 8 004,43 8 217,49 8 427,50 8 649,67 8 871,85 9 106,19 9 337,50 9 584,04 9 830,54 10 089,26 10 347,96

5 6 595,30 6 768,77 6 939,20 7 121,82 7 304,44 7 499,22 7 690,96 7 894,88 8 095,75 8 308,79 8 521,85

6 5 651,83 5 800,93 5 950,08 6 108,34 6 263,55 6 427,91 6 592,26 6 765,74 6 939,20 7 121,82 7 304,44

7 4 711,36 4 836,15 4 957,88 5 088,76 5 219,62 5 356,59 5 493,54 5 639,64 5 782,68 5 934,86 6 087,03

8 4 005,27 4 111,79 4 215,26 4 327,88 4 437,43 4 553,10 4 668,75 4 793,55 4 915,28 5 046,15 5 173,96

9 3 530,48 3 624,82 3 719,19 3 816,55 3 913,96 4 017,44 4 120,92 4 230,48 4 337,04 4 452,67 4 565,28

10 3 061,78 3 143,97 3 223,08 3 308,29 3 390,48 3 481,78 3 573,08 3 667,43 3 758,73 3 859,18 3 956,57

11 2 967,44 3 046,57 3 122,64 3 204,83 3 286,99 3 375,25 3 460,48 3 551,78 3 643,09 3 740,50 3 834,81

12 2 355,70 2 419,58 2 480,44 2 544,38 2 608,30 2 678,29 2 748,30 2 821,34 2 891,33 2 967,44 3 043,52

13 2 023,93 2 078,72 2 130,46 2 188,30 2 243,08 2 303,94 2 361,77 2 425,67 2 486,57 2 553,52 2 617,42»


(1) OJ C 26, 30.1.1999, p. 23. Act as last amended by the Council Decision 2006/519/EC (OJ L 203, 26.7.2006, p. 10).(2) OJ C 80, 4.4.2006, p. 10.(3) Opinion of the European Parliament of… delivered… (not yet published in the Official Journal).

(b) in Article 59(3) ‘EUR 988,54’ shall be replaced by ‘EUR 1 004,36’;

(c) in Article 59(3) ‘EUR 1 977,09’ shall be replaced by ‘EUR 2 008,72’;

(d) in Article 60(1) ‘EUR 263,62’ shall be replaced by ‘EUR 267,84’;

(e) in Article 2(1) of Appendix 5 ‘EUR 275,59’ shall be replaced by ‘EUR 280,00’;

(f) in Article 3(1) of Appendix 5 ‘EUR 11 982,34’ shall be replaced by ‘EUR 12 174,06’;

(g) in Article 3(1) of Appendix 5 ‘EUR 2 696,03’ shall be replaced by ‘EUR 2 739,17’;

(h) in Article 3(2) of Appendix 5 ‘EUR 16 176,16’ shall be replaced by ‘EUR 16 434,98’;

(i) in Article 4(1) of Appendix 5 ‘EUR 1 198,24’ shall be replaced by ‘EUR 1 217,41’;

(j) in Article 4(1) of Appendix 5 ‘EUR 898,69’ shall be replaced by ‘EUR 913,07’;

(k) in Article 4(1) of Appendix 5 ‘EUR 599,11’ shall be replaced by ‘EUR 608,70’;

(l) in Article 4(1) of Appendix 5 ‘EUR 479,29’ shall be replaced by ‘EUR 486,96’;

(m) in Article 5(3) of Appendix 5 ‘EUR 1 690,95’ shall be replaced by ‘EUR 1 718,01’;

(n) in Article 5(3) of Appendix 5 ‘EUR 2 254,61’ shall be replaced by ‘EUR 2 290,68’;

(o) in Article 5(3) of Appendix 5 ‘EUR 2 818,25’ shall be replaced by ‘EUR 2 863,34’.

Article 2

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

Article 3

This Decision shall take effect on the day following its adoption.


For the Council



DECISION No 1/2006 OF THE JOINT SUPERVISORY BODY OF EUROPOL

of 26 June 2006

amending its rules of procedure

(2006/C 311/04)

THE JOINT SUPERVISORY BODY,

Having regard to the Convention on the establishment of aEuropean Police Office (Europol Convention) (1),

Having regard to Act No 1/99 of the Joint Supervisory Body ofEuropol of 22 April 1999 laying down its rules of procedure (2),and in particular Article 32 thereof,

Whereas detailed rules on public access to documents of theJoint Supervisory Body should be introduced in its rules ofprocedure,


Article 1

The Joint Supervisory Body's rules of procedure shall beamended in accordance with the provisions of this Article.

1) Article 6(4) shall be replaced by the following:

‘4. The meetings of the Joint Supervisory Body shall notbe public. However, its documents shall be accessible to thepublic in accordance with Article 6a.’;

2) the following Article shall be inserted:

‘Article 6a

Public access to document

1. Any natural or legal person has a right of access todocuments of the Joint Supervisory Body, subject to theprinciples, conditions and limits defined in this Article.

2. Documents relating to appeals before the committeeestablished in accordance with Article 24(7) of the Conven-tion are exempt from this Article.

3. Without prejudice to paragraphs 4 and 5, documentsshall be made accessible to the public either following awritten application or directly in electronic form.

4. The Joint Supervisory Body shall refuse access to adocument where such refusal is necessary in order:

(a) to protect security and public order in the MemberStates or to prevent crime;

(b) to protect the rights and freedoms of third parties;

(c) to enable Europol to fulfil its duties properly;

(d) to enable the Joint Supervisory Body to fulfil its dutiesproperly;

considerations which cannot be overridden by the interestsof the applicant.

5. Where the Joint Supervisory Body holds a documentreceived from a third party, or which contains informationon a third party, the Joint Supervisory Body shall consultthat third party with a view to assessing whether an excep-tion under paragraph 4 is applicable, unless it is clear thatthe document shall or shall not be disclosed. Access to docu-ments received from Europol shall also be subject to theconfidentiality rules referred to in Article 31(1) of theConvention.

6. If exceptions apply only to parts of the requested docu-ment, the rest of the document shall be disclosed.

7. Applications for access to a document shall be made inany written form, including electronic form, in one of theofficial languages of the institutions of the European Unionand in a sufficiently precise manner to enable the JointSupervisory Body to identify the document. The applicantshall not be obliged to state reasons for the application.

8. If an application is not sufficiently precise, the JointSupervisory Body shall ask the applicant to clarify the appli-cation and shall assist the applicant in doing so.

9. If an application relates to a very long document or toa very large number of documents, the Joint SupervisoryBody may confer with the applicant informally, with a viewto finding a fair solution.

10. The Joint Supervisory Body shall provide informationand assistance to citizens on how and where applications foraccess to documents can be made.

11. The Joint Supervisory Body shall promptly register anapplication for access to a document and shall send theapplicant an acknowledgement. Within 20 working daysfrom registration of the application, the chairman of theJoint Supervisory Body shall either grant access to the docu-ment requested and provide access in accordance with para-graph 14 within that period or, in a written reply, state thereasons for total or partial refusal and inform the applicantof his or her right to make a follow-up application in accord-ance with paragraph 13.

12. In exceptional cases, for example in the event of anapplication relating to a very long document or in case athird party must be consulted, the time limit provided for inparagraph 11 may be extended by 20 working days,provided that the applicant is notified in advance and thatdetailed reasons are given.


(1) OJ C 316, 27.11.1995, p. 1.(2) OJ C 149, 28.5.1999, p. 1.

13. Within 20 working days of receiving a total or partialrefusal from the Joint Supervisory Body, the applicant maymake a follow-up application asking the Joint SupervisoryBody to reconsider.

14. The applicant shall have access to documents eitherby consulting them on the spot or by receiving a copy,including, where available, an electronic copy, according tothe applicant's preference. The cost of producing andsending copies of 20 or more A4 pages may be charged tothe applicant, but the charge may not exceed the real cost ofproducing and sending the copies. Consultation on the spot,copies of fewer than 20 A4 pages and direct access in elec-tronic form shall be free of charge.

15. If a document has already been disclosed by the JointSupervisory Body or other institutions and is easily accessibleto the applicant, the Joint Supervisory Body may fulfil itsobligations by informing the applicant how to obtain thedocument.’;

3) Article 10(2) shall be replaced by the following paragraphs:

‘2. The Joint Supervisory Body's activity report shall besubmitted to the relevant committee in the European Parlia-ment at the same time as it is sent to the Council.

3. The Joint Supervisory Body shall publish its activityreport.’.

Article 2

These amendments to the rules of procedure shall enter intoforce on the day following their approval by the Council inaccordance with Article 24(7) of the Convention (*).

Done at Brussels, 26 June 2006.

For the Joint Supervisory Body

The ChairmanEmilio ACED FÉLEZ


(*) The internal Regulation had been approved by the Council on4 December 2006.

I

(Information)

COMMISSION

Euro exchange rates (1)

18 December 2006

(2006/C 311/05)

1 euro =

Currency Exchange rate

USD US dollar 1,3095

JPY Japanese yen 154,34

DKK Danish krone 7,4537

GBP Pound sterling 0,67155

SEK Swedish krona 9,0555

CHF Swiss franc 1,5993

ISK Iceland króna 90,06

NOK Norwegian krone 8,141

BGN Bulgarian lev 1,9558

CYP Cyprus pound 0,5781

CZK Czech koruna 27,7

EEK Estonian kroon 15,6466

HUF Hungarian forint 252,93

LTL Lithuanian litas 3,4528

LVL Latvian lats 0,6974

MTL Maltese lira 0,4293

PLN Polish zloty 3,7968

RON Romanian leu 3,4185

Currency Exchange rate

SIT Slovenian tolar 239,66

SKK Slovak koruna 34,839

TRY Turkish lira 1,8663

AUD Australian dollar 1,6779

CAD Canadian dollar 1,5114

HKD Hong Kong dollar 10,18

NZD New Zealand dollar 1,8997

SGD Singapore dollar 2,023

KRW South Korean won 1 214,1

ZAR South African rand 9,1727

CNY Chinese yuan renminbi 10,2406

HRK Croatian kuna 7,3655

IDR Indonesian rupiah 11 899,43

MYR Malaysian ringgit 4,6553

PHP Philippine peso 64,604

RUB Russian rouble 34,566

THB Thai baht 47,022


(1) Source: reference exchange rate published by the ECB.

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DS

DS

DS

DS+

SP

LEBA

NON

LESO

THO

DS

LIBE

RIA

LIBY

A

MADAGASC

AR

MALA

WI

DS

D

MALD

IVES

DS

D

MALI

MARS

HALL

ISLA

NDS

MAURITA

NIA

DS

MAURITIUS

MICRO

NESIA

MOLD

OVA

DS

DDS

DS

MONGOLIA

DS

DS

DS

MONTE

NEG

ROD

DDS

DS

DS

DS

DS

DS

DS


BNL

(**)

CZ

DK

DE

EEEL

ESFR

ITCY

LVLT

HU

MT

AT

PLPT

SISK

FISE

ISNO

MORO

CCO

DS

DS

DDS

DD

DS

DDS

DS

DS

DS

DS

DS+

SPD

DS+

SP

MOZAMBIQUE

DS

MYA

NMAR

NAMIBIA

D

NAURU

NEPAL

NIGER

DS

NIGER

IA

NORT

HER

NMARIANA

OMAN

PAKIST

AN

DDS

DS

DD

DS

DS

DS

DS+

SPDS

PALA

U

PAPU

ANEW

GUINEA

PERU

DS

DS

DDS

DS

DS

DS

DS

DS

DS

DS

DS+

SPDS

PHILIPPINES

DS

DS

DS

DS

DS

DS

DS

DS

DS

DS

DS

DS

DS

DS+

SP

QATA

R

RUSSIA

DS

DS

DDS

RWANDA

SAINTKITT

SAND

NEV

IS

SAINTLU

CIA

SAINTVINCE

NTAND

THEGRE

NADINES

SAMOA


BNL

(**)

CZ

DK

DE

EEEL

ESFR

ITCY

LVLT

HU

MT

AT

PLPT

SISK

FISE

ISNO

SAO

TOMEAND

PRIN-

CIPE

DS

SAUDIA

RABIA

SENEG

AL

DD

SERB

IAD

DDS

DS

DS

DS

DS

DS

DS

SEYC

HELLES

DS

DS

DDS

SIER

RALEONE

SOLO

MON

ISLA

NDS

SOMALIA

SOUTH

AFR

ICA

DS

DDS

DS

DS

DS

DS

DS

DS+

SPDS

SRIL

ANKA

SUDAN

SURINAME

SWAZILAND

DS

D

SYRIA

TAJIK

ISTA

NDS

TANZANIA

THAILAND

DS

DS

DS

DS

DS

DS

DS

DS

DS

DS

DS

DS

DS

TIMOR-LEST

E

TOGO

DS

TONGA

TRINIDADAND

TOBA

GO

DS

TUNISIA

DS

DS

DD

DS

DD

DS

DS

DS

DS

DS

DS

DS+

SPD

DD

TURK

EYDS

DS

DS+

SPDS+

SPD

DS

DS

DS+

SPDS+

SPD

DS+

SPDS

DS

DS

DDS+

SPDS+

SPDS+

SPDS+

SPDS+

SPDS+

SP


BNL

(**)

CZ

DK

DE

EEEL

ESFR

ITCY

LVLT

HU

MT

AT

PLPT

SISK

FISE

ISNO

TURK

MEN

ISTA

NDS

DS

TUVA

LU

UGANDA

DS

UKR

AINE

DDS

DDS

DS

DDS

UNITED

ARA

BEM

IRATE

S

UZBE

KIST

AN

DDS

VANUATU

VIETNAM

DD

DS

DS

YEMEN

DS

DDS+

SP

ZAMBIA

ZIM

BABW

EDS

ENTITIES

AND

TERR

ITORIALAUTH

ORITIES

THATARE

NOTRE

COGNISED

ASST

ATE

SBY

ATLEAST

ONEMEM

BERST

ATE

BNL(**)

CZ

DK

DE

EEEL

ESFR

ITCY

LVLT

HU

MT

AT

PLPT

SISK

FISE

ISNO

PALEST

INIAN

AUTH

ORITY

TAIW

AN

(*)

Theexem

ptionof

thevisa

requ

irementforho

ldersof

diplom

atic

passpo

rts,as

indicatedin

thetable,refers

todiplom

atstravellin

gon

officialb

usinessforshortstays.Th

etableiswith

outprejud

iceto

rulesapplying

todiplom

atstravellin

gto

theMem

berStates

where

they

areor

will

beaccredited.

Holders

ofVatican

passpo

rts,irrespectiv

eof

theirnatio

nalityareexem

pted

from

thevisa

requ

irementby

Germany,Sw

eden,C

zech

Repu

blic,L

atvia,Denmark,

Slovakia,P

olandandFrance.

Holders

ofvalid

identitycardsissued

bytheauthorities

oftheVatican

City

Stateareexem

pted

from

thevisa

requ

irementby

DenmarkandSlovakia.

Holders

ofvalid

ordinary,d

iplomaticor

servicepasspo

rtsissued

bythecompetent

authorities

oftheVatican

City

canentertheBeneluxcoun

trieswith

outavisa.

Holders

ofdiplom

atic

andservicepasspo

rtsof

theSo

vereignMilitary

Order

ofMalta

areexem

pted

from

thevisa

requ

irementby

Poland

.(**)

Benelux:

Inapplicationof

theCo

nventio

nof

11April19

60,and

inparticular

Article3,

thecoun

triesof

theBeneluxhave

aharm

onised

policyin

relatio

nto

shortstay

visasforthird

coun

tries.

(***)Po

land

:Upto

30days

stay.


1.2.

Visaexem

ptionforothercatego

ries

men

tione

din

Article

4

—Civilian

aircrew

mem

bers:

They

arein

principleexem

pted

from

thevisa

requ

irementby

theMem

berStates

when

holding

licencesandcertificateswith

inthemeaning

ofAnn

exes

1to

9of

theCo

nventio

nof

Chicagoon

InternationalC

ivilAviation.

How

ever,the

visa

requ

irementismaintained:

—by

France

forcrew

mem

bers

who

arenatio

nals

ofcoun

trieswho

areno

n-sign

atoriesof

the

ChicagoCo

nventio

n;

—Civilian

seacrew

mem

bers:

They

canbe

exem

pted

from

thevisa

requ

irementby

theMem

berStates

whenho

ldingSeafarer's

IdentityDocum

ents,issued

accordingto

theInternationalLabo

urOrganisationCo

nventio

ns(No

108of

1958

—No18

5of

2003

)/the

IMO

Conventio

nof

Lond

onof

9April19

65(FAL)

onthe

facilitationof

internationalm

aritimetraffic.

Inpractice:

—in

thecase

ofshoreleave:

theexem

ptionis

appliedforcrew

mem

bers

with

theexceptionof

Sweden

andGermany,

—in

thecase

oftransit:thevisa

requ

irementis

maintainedforcrew

mem

bers

byallStates

with

theexceptionof

Norway.

Commentby

Norway:e

xempt

from

thevisa

requ

irementaretheho

ldersof

aPh

ilipp

ine‘Seafarer's

IdentificationandRe

cord

Book

’and/or

aPh

ilipp

inenatio

nalpasspo

rt(see

theshipping

agreem

ent

ofOctob

er19

99betw

eenthePh

ilipp

ines

andNorway).Th

eho

lder

mustprod

ucewritte

nconfir-

mationfrom

theship

owneror

theship

owner's

representativ

ethat

theho

lder

isto

take

upan

engagemento

naship

inaNorwegianpo

rt.

Commentby

Slovakia:Inthecase

oftransit,thevisa

requ

irementismaintainedforcrew

mem

bers

with

exception

ofcitiz

ensof

Serbia

and

Mon

tenegro

(Agreementon

visa

facilitation

betw

een

Slovakia

andSerbia

andMon

tenegro).T

heho

ldersmustprod

uce:

travel

document,seam

an'sbo

okandengagemento

nship.

—Civilian

shipscrew

mem

bers

(onintern

ationa

linterna

lwaterway

s):

—Th

eRh

ine:

Belgium,G

ermany,France,L

uxem

bourgandtheNetherla

ndsexem

ptthesecrew

mem

bers

from

thevisa

requ

irementprovided

that

they

areho

ldersof

atravel

documentcontaining

atriling

ual

stam

por

mentio

nidentifying

them

asaRh

inebo

atman

inaccordance

with

theresolutio

nsof

theCe

ntralC

ommission

forthenavigatio

nof

theRh

ine.


—Th

eDan

ube:

GermanyandAustria

exem

ptthesecrew

mem

bers

from

thevisa

requ

irementprovided

that

they

areho

ldersof

ado

cumentidentifying

them

asaDanub

ebo

atman

andthey

figureon

the

crew

list.

—La

issez-pa

sser

issu

edby

intern

ationa

lorgan

isations

totheiroffic

ials:

Gen

eral

obse

rvation:

Portug

al:the

holdersof

such

laissez-passer

dono

tbenefit

from

avisa

exem

ption;

Austria:the

beneficiaries

ofprivilegesandim

mun

ities

who

have

been

issued

with

aspecificidentity

documentareexem

ptfrom

visa.

Obse

rvationsrelatingto

par

ticu

larorg

anisations:

—Exem

ptionfrom

thevisa

requ

irementforofficialsof

particular

organisatio

ns

Y=

Yes

N=

No

BNL

CZ

DK

DE

EEEL

ESFR

ITCY

LVLT

HU

MT

AT

PLPT

SISK

FISE

ISNO

UnitedNations

YY

YY

NN

YY

YN

YN

YY

Y(*)

YY

North

AtlanticTreaty

Organisation

YY

YY

YY

YN

YY

YY

Y

Custom

sCo

operationCo

uncil

YN

NN

NN

NN

(*)Sw

eden:T

heexem

ptionfrom

thevisa

requ

irementforUnitedNations

appliesto

employeesof

theUN

whenon

duty

andwho

hold

acertificate

issued

bytheUN

tocertify

this.

UnitedNations:

Theexem

ptionfrom

thevisa

requ

irement,as

indicatedin

thetableby

Mem

berStates,a

ppliesto

holdersof

UN

laissez-passer.

Inadditio

n,theho

ldersof

IdentificationCa

rdSH

IRBR

IG,P

lann

ingElem

entOfficial,issuedby

the

Chiefo

fDefence

Denmarkareexem

ptfrom

thevisa

requ

irementby

Denmark.


North

AtlanticTreaty

Organisation:

Theho

ldersof

aTravel

Order

issued

byNATO

Headq

uartersareexem

ptfrom

thevisa

requ

ire-

mentirrespectiv

eof

theirnatio

nalityin

accordance

with

Article

3of

theAgreementbetw

eenthe

Partiesto

theNorth

Atlantic

Treaty

regardingtheStatus

oftheirForces,sign

edat

Lond

onon

19.6.195

1,where

they

aremem

bers

ofaNATO

force.

Custom

sCo

operationCou

ncil:

Theexem

ptionfrom

thevisa

requ

irement,as

indicatedin

thetableby

Benelux,

appliesto

holders

oflaissez-passer

issued

bytheSecretaryGeneralof

theCu

stom

sCo

operationCo

uncil.

2.Ex

ceptions

byvirtue

ofArticle

4to

thevisa

exem

ptionen

visagedby

Article

1(2)

Avisa

obligation

isappliedto

thecatego

ries

ofperson

soriginatingin

thecoun

triesin

the

columnon

theleftcorrespo

ndingto

thefollo

wingkey:

D=

diplom

aticpasspo

rts

S=

servicepasspo

rts/officialp

assports

A=

civilianaircrew

C=

civilianseacrew

BNL

CZ

DK

DE

EEEL

ESFR

ITCY

LVLT

HU

MT

AT

PLPT

SISK

FISE

ISNO

AUST

RALIA

DS(6)

DS(5)

ISRA

ELSA(1 )

C(2 )

(5)

MEX

ICO

DS

UNITED

STATE

SOFAMER

ICA

(USA

)DS

DS(3 )

(5 )D

S(4 )

A(1 )

C(2 )

(5 )DS(7)

DS(4)

DS

(1 )France:alth

ough

theUnitedStates

andIsraelaresign

atoriesto

theCh

icagoCon

vention,

thevisa

requ

irementisnevertheless

maintainedforcrew

mem

bers

who

arenatio

nalsof

thosetw

ocoun

tries.

(2 )France:alth

ough

theUnitedStates

andIsraelaresign

atoriesto

the19

65Lo

ndon

Con

vention,

thevisa

requ

irementisnevertheless

maintainedforcrew

mem

bers

who

arenatio

nalsof

thosetw

ocoun

tries.

(3 )Sp

ain:

fortheUnitedStates

ofAmerica,ho

ldersof

diplom

atic

orservice/officialp

assports

onofficialm

ission

sor

officialv

isits

aresubjectto

thevisa

requ

irement.Th

evisa

isno

tnecessarywhentheentrance

isin

applicationof

theHispanic-

North

American

Con

ventionof

1May

1988

.(4 )

France

andPo

rtug

al:o

nlywhentheho

ldersof

diplom

aticor

officiald

utypasspo

rtsareon

mission

.(5 )

Iftravellin

gon

officialb

usiness

(6 )Po

land

:for

theho

ldersof

D/S

passpo

rtson

mission

(7 )Po

land

:for

theho

ldersof

D/S

passpo

rtson

mission

(validity

ofvisasno

tlong

erthan

4years)


3.Measuresof

exceptionby

virtue

ofArticle

4(3)

totheexem

ptionfrom

visa

prov

ided

forin

Article

1(2)

Person

soriginatingin

thecoun

triesfiguring

inthecolumnon

theleft

aresubjectto

thevisa

requ

irem

entwhencarrying

outapaid

activ

itydu

ring

theirstay

E=

paid

activ

ity

BNL

CZDK

DE(****)

EE(***)

ELES

FRIT

CYLV

LTHU

MT

AT

PLPT

SISK

FISE

ISNO

ANDORR

AE

EE

E(*)

EE

EE

EE

EE

E

ARG

ENTINA

EE

EE

EE

EE

EE

EE

E

AUST

RALIA

EE

EE

EE

EE

EE

EE

E

BOLIVIA

EE

EE

EE

EE

EE

EE

E

BRAZIL

EE

EE

EE

EE

EE

EE

EE

BRUNEI

EE

EE

EE

EE

EE

EE

EE

BULG

ARIA

EE

EE

EE

EE

EE

EE

CANADA

EE

EE(**)

EE

EE

EE

EE

E

CHILE

EE

EE

EE

EE

EE

EE

E

COST

ARICA

EE

EE

EE

EE

EE

EE

E

CROATIA

EE

EE

EE

EE

EE

EE

E

ELSA

LVADOR

EE

EE

EE

EE

EE

EE

E

GUATE

MALA

EE

EE

EE

EE

EE

EE

E

HOLY

SEE

EE

EE

EE

EE

EE

E

HONDURA

SE

EE

EE

EE

EE

EE

EE

ISRA

ELE

EE

EE

EE

EE

EE

E

JAPA

NE

EE

EE

EE

EE

EE

EE


BNL

CZDK

DE(****)

EE(***)

ELES

FRIT

CYLV

LTHU

MT

AT

PLPT

SISK

FISE

ISNO

KORE

A(SOUTH

)E

EE

EE

EE

EE

EE

EE

MALA

YSIA

EE

EE

EE

EE

EE

EE

E

MEX

ICO

EE

EE

EE

EE

EE

EE

EE

MONACO

EE

EE

EE

EE

EE

EE

E

NEW

ZEA

LAND

EE

EE

EE

EE

EE

EE

NICARA

GUA

EE

EE

EE

EE

EE

EE

E

PANAMA

EE

EE

EE

EE

EE

EE

E

PARA

GUAY

EE

EE

EE

EE

EE

EE

E

ROMANIA

EE

EE

EE

EE

EE

EE

SANMARINO

EE

EE

EE

EE

EE

EE

SINGAPO

REE

EE

EE

EE

EE

EE

EE

E

UNITED

STATE

SOFAMER

ICA

(USA

)E

EE

EE

EE

EE

EE

EE

URU

GUAY

EE

EE

EE

EE

EE

EE

E

VEN

EZUEL

AE

EE

EE

EE

EE

EE

EE

E

SPEC

IALADMINISTR

ATIVERE

GIO

NSOFTH

EPEOPLE'SRE

PUBL

ICOFCHINA

BNL

CZDK

DE(****)

EE(***)

ELES

FRIT

CYLV

LTHU

MT

AT

PLPT

SISK

FISE

ISNO

HONGKO

NGS.A.R.

EE

EE

EE

EE

EE

EE

EE

MACAO

S.A.R.

EE

EE

EE

EE

EE

EE

EE

(*)

Commentby

Spain:

And

orrannatio

nalsareexem

ptfrom

thevisa

requ

irementwhencarrying

outan

econ

omicactiv

itydu

ring

theirstay,exceptw

here

they

exercise

anindepend

entprofession

.(**)

Commentby

France:for

Canada,thevisa

requ

irementapplieson

lyto

profession

altrainees

who

comeover

foratraineeshipun

dertheagreem

entbetw

eenFrance

andCa

nada

of4Octob

er19

56.

(***)

Commentby

Estonia:In

orderto

workin

Estoniaan

alienmustho

ldaworkperm

it/residenceperm

itforem

ployment.Re

gistratio

nof

short-term

employmentisneeded

foraliens

who

arrive/stayin

Estoniaeither

onthebasisof

avisa

(D-

type)o

ron

avisa-free

basis(unlessanyinternationala

greementstipulates

otherw

ise)

anditcann

otexceed

aperiod

of6mon

thsayear.

(****)

Remarks

ofGermany:

Thefollo

winggrou

psof

employeesareno

tconsidered

ascarrying

outapaid

activ

ityandarethereforevisa-free

underthespecified

cond

ition

s::—

seam

en,h

avingaGerman

seam

an'sbo

ok(‘Seefahrtbuch’)andanatio

nalp

assportissued

bytheauthorities

listedin

annexIIon

lyifthey

arecrew

mem

bers

ofaship

which

isauthorised

tohave

thefla

gof

Germanyor

stayingon

the

territo

ryof

Germany.

—pilotsin

seaandcoastnavigatio

nexercising

theirprofession

;—

innavigatio

non

theRhine

andDanub

einclud

ingthecanalo

fMain-Danub

eforentryin

orderto

transportperson

sor

good

s:third

coun

trynatio

nalsworking

onaship

registered

inaforeigncoun

tryforan

enterprise

with

itsseat

inaforeigncoun

try,who

have

arecogn

ised

passpo

rtor

inlieupasspo

rt,inwhich

thequ

ality

ofnavigatio

non

theRh

ineistestified

orho

ldersof

aspecial,recogn

ised

inlieupasspo

rtforexam

ple‘Don

auschiffe

rausweis’or

seam

an'sbo

ok(‘Seefahrtbuch’)a

ndwho

areno

tedon

thecrew

list.Th

estay

hasto

bein

adirect

relatio

nwith

theaimsof

thenavigatin

gprofession

.Aspaid

activ

ityis

also

understood

theselfem

ployed

profession

.Som

especialactiv

ities

areno

tregarded

aspaid

activ

ity:(§17

.2of

theordinanceon

residencein

conn

ectio

nwith

§16

oftheordinanceon

employment,forexam

ple

speciald

rivers).Th

eseperson

smay

entervisa

free

underthecond

ition

sespecially

seto

ut.


4.Measuresby

virtue

ofArticle

3,second

indent

oftheregulatio

n

Recog

nisedrefugees

andstatelessperson

sareexem

ptfrom

thevisa

requ

irem

entprov

ided

that

they

arelegally

resident

inon

eof

thecoun

triesor

entitiesin

theleft-handcolumnandarein

possession

ofatravel

documen

tissued

bythecompetent

authorities

ofthat

coun

tryor

entity.

R=

refugees

A=

stateless

BNL

CZ

DK

DE(*)

EEEL

ESFR

ITCY

LVLT

HU

MT

AT

PLPT

SISK

FISE

ISNO

ANDORR

AR(**)A(**)

RA

ARG

ENTINA

RARA

AUST

RALIA

RARA

BOLIVIA

RARA

BRAZIL

RARA

BRUNEI

R(**)A(**)

RA

BULG

ARIA

RA(**)

RA

CANADA

RA(**)

RA

CHILE

RA(**)

RA

COST

ARICA

RARA

CROATIA

RARA

ELSA

LVADOR

RA(**)

RA

GUATE

MALA

RARA

HOLY

SEE

RA(**)

HONDURA

SRA

(**)

RA

ISRA

ELRA

RA

JAPA

NRA

(**)

RA


BNL

CZ

DK

DE(*)

EEEL

ESFR

ITCY

LVLT

HU

MT

AT

PLPT

SISK

FISE

ISNO

KORE

A(SOUTH

)RA

RA

MALA

YSIA

R(**)A(**)

RA

MEX

ICO

RARA

MONACO

RA(**)

RA

NEW

ZEA

LAND

RA(**)

RA

NICARA

GUA

RA(**)

RA

PANAMA

RA(**)

RA

PARA

GUAY

RA(**)

RA

ROMANIA

RR

RAR

RRA

R(***)

RR

RR

R

SANMARINO

R(**)A(**)

RA

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Commission communication in the framework of the implementation of the Directive 97/23/EC ofthe European Parliament and of the Council of 29 May 1997 on the approximation of the laws of

the Member States concerning pressure equipment(Text with EEA relevance)

(Publication of titles and references of harmonised standards under the directive)

(2006/C 311/07)

The following list contains references to harmonised standards for pressure equipment and harmonisedsupporting standards for materials used in manufacturing pressure equipment. In the case of a harmonisedsupporting standard for materials, presumption of conformity to the essential safety requirements is limitedto technical data of materials in the standard and does not presume adequacy of the material to a specificitem of equipment. Consequently the technical data stated in the material standard shall be assessed againstthe design requirements of this specific item of equipment to verify that the essential safety requirements ofthe PED are satisfied.

ESO (1) Reference and title of the harmonised standard(and reference document)

Reference of supersededstandard

Date of cessation of presump-tion of conformity of superseded

standardNote 1

CEN EN 19:2002Industrial valves — Marking of metallic valves

—

CEN EN 287-1:2004Qualification test of welders — Fusion welding — Part 1: Steels

—

EN 287-1:2004/A2:2006 Note 3 Date Expired(30.9.2006)

EN 287-1:2004/AC:2004

CEN EN 334:2005Gas pressure regulators for inlet pressures up to 100 bar

—

CEN EN 378-2:2000Refrigerating systems and heat pumps — Safety and environmentalrequirements — Part 2: Design, construction, testing, marking and docu-mentation

—

CEN EN 473:2000Non destructive testing — Qualification and certification of NDTpersonnel — General principles

—

EN 473:2000/A1:2005 Note 3 Date Expired(30.4.2006)

CEN EN 593:2004Industrial valves — Metallic butterfly valves

—

CEN EN 764-5:2002Pressure Equipment — Part 5: Compliance and Inspection Documenta-tion of Materials

—

CEN EN 764-7:2002Pressure equipment — Part 7: Safety systems for unfired pressure equip-ment

—

EN 764-7:2002/AC:2006





standardNote 1

CEN EN 1057:2006Copper and copper alloys — Seamless, round copper tubes for water andgas in sanitary and heating applications

—

CEN EN 1092-3:2003Flanges and their joints — Circular flanges for pipes, valves, fittings andaccessories, PN designated — Part 3: Copper alloy flanges

—

EN 1092-3:2003/AC:2004

CEN EN 1092-4:2002Flanges and their joints — Circular flanges for pipes, valves, fittings andaccessories, PN designated — Part 4: Aluminium alloy flanges

—

CEN EN 1252-1:1998Cryogenic vessels — Materials — Part 1: Toughness requirements fortemperatures below -80 C

—

EN 1252-1:1998/AC:1998

CEN EN 1252-2:2001Cryogenic vessels — Materials — Part 2: Toughness requirements fortemperatures between -80 C and -20 C

—

CEN EN 1349:2000Industrial process control valves

—

EN 1349:2000/AC:2001

CEN EN 1591-1:2001Flanges and their joints — Design rules for gasketed circular flangeconnections — Part 1: Calculation method

—

CEN EN 1626:1999Cryogenic vessels — Valves for cryogenic service

—

CEN EN 1653:1997Copper and copper alloys — Plate, sheet and circles for boilers, pressurevessels and hot water storage units

—

EN 1653:1997/A1:2000

CEN EN 1759-3:2003Flanges and their joints — Circular flanges for pipes, valves, fittings andaccessories, Class designated — Part 3: Copper alloy flanges

—

EN 1759-3:2003/AC:2004

CEN EN 1759-4:2003Flanges and their joint — Circular flanges for pipes, valves, fittings andaccessories, class designated — Part 4: Aluminium alloy flanges

—

CEN EN 1797:2001Cryogenic vessels — Gas/material compatibility

EN 1797-1:1998 Date Expired(31.1.2002)

CEN EN 1866:2005Mobile fire extinguishers

—





standardNote 1

CEN EN 1983:2006Industrial valves — Steel ball valves

—

CEN EN 1984:2000Industrial valves — Steel gate valves

—

CEN EN ISO 4126-1:2004Safety devices for protection against excessive pressure — Part 1: Safetyvalves (ISO 4126-1:2004)

—

EN ISO 4126-1:2004/AC:2006

CEN EN ISO 4126-3:2006Safety devices for protection against excessive pressure — Part 3: Safetyvalves and bursting disc safety devices in combination (ISO 4126-3:2006)

—

CEN EN ISO 4126-4:2004Safety devices for protection against excessive pressure — Part 4: Pilotoperated safety valves (ISO 4126-4:2004)

—

CEN EN ISO 4126-5:2004Safety devices for protection against excessive pressure — Part 5:Controlled safety pressure relief systems (CSPRS) (ISO 4126-5:2004)

—

CEN EN ISO 9606-2:2004Qualification test of welders — Fusion welding — Part 2: Aluminiumand aluminium alloys (ISO 9606-2:2004)

—

CEN EN ISO 9606-3:1999Approval testing of welders — Fusion welding — Part 3: Copper andcopper alloys (ISO 9606-3:1999)

—

CEN EN ISO 9606-4:1999Approval testing of welders — Fusion welding — Part 4: Nickel andnickel alloys (ISO 9606-4:1999)

—

CEN EN ISO 9606-5:2000Approval testing of welders — Fusion welding — Part 5: Titanium andtitanium alloys, zirconium and zirconium alloys (ISO 9606-5:2000)

—

CEN EN 10028-1:2000Flat products made of steels for pressure purposes — Part 1: Generalrequirements

EN 10028-1:1992 Date Expired(31.10.2000)


CEN EN 10028-2:2003Flat products made of steels for pressure purposes — Part 2: Non-alloyand alloy steels with specified elevated temperature properties

EN 10028-2:1992 Date Expired(31.12.2003)

EN 10028-2:2003/AC:2005

CEN EN 10028-3:2003Flat products made of steels for pressure purposes — Part 3: Weldablefine grain steels, normalized

EN 10028-3:1992 Date Expired(31.12.2003)





standardNote 1

CEN EN 10028-4:2003Flat products made of steels for pressure purposes — Part 4: Nickel alloysteels with specified low temperature properties

EN 10028-4:1994 Date Expired(31.12.2003)

EN 10028-4:2003/AC:2005

CEN EN 10028-5:2003Flat products made of steels for pressure purposes — Part 5: Weldablefine grain steels, thermomechanically rolled

EN 10028-5:1996 Date Expired(31.12.2003)

CEN EN 10028-6:2003Flat products made of steels for pressure purposes — Part 6: Weldablefine grain steels, quenched and tempered

EN 10028-6:1996 Date Expired(31.12.2003)

CEN EN 10028-7:2000Flat products made of steels for pressure purposes — Part 7: Stainlesssteels

—

EN 10028-7:2000/AC:2004

CEN EN 10204:2004Metallic products — Types of inspection documents

—

CEN EN 10213-1:1995Technical delivery conditions for steel castings for pressure purposes —

Part 1: General

—


Part 2: Steel grades for use at room temperature and elevated tempera-tures

—


Part 3: Steel grades for use at low temperatures

—


Part 4: Austenitic and austenitic-ferritic steel grades

—

CEN EN 10216-1:2002Seamless steel tubes for pressure purposes — Technical delivery condi-tions — Part 1: Non-alloy steel tubes with specified room temperatureproperties

—

EN 10216-1:2002/A1:2004

CEN EN 10216-2:2002Seamless steel tubes for pressure purposes — Technical delivery condi-tions — Part 2: Non-alloy and alloy steel tubes with specified elevatedtemperature properties

—

EN 10216-2:2002/A1:2004

CEN EN 10216-3:2002Seamless steel tubes for pressure purposes — Technical delivery condi-tions — Part 3: Alloy fine grain steel tubes

—

EN 10216-3:2002/A1:2004





standardNote 1

CEN EN 10216-4:2002Seamless steel tubes for pressure purposes — Technical delivery condi-tions — Part 4: Non-alloy and alloy steel tubes with specified lowtemperature properties

—

EN 10216-4:2002/A1:2004

CEN EN 10216-5:2004Seamless steel tubes for pressure purposes — Technical delivery condi-tions — Part 5: Stainless steel tubes

—

CEN EN 10217-1:2002Welded steel tubes for pressure purposes — Technical delivery conditions— Part 1: Non-alloy steel tubes with specified room temperature proper-ties

—

EN 10217-1:2002/A1:2005

CEN EN 10217-2:2002Welded steel tubes for pressure purposes — Technical delivery conditions— Part 2: Electric welded non-alloy and alloy steel tubes with specifiedelevated temperature properties

—

EN 10217-2:2002/A1:2005

CEN EN 10217-3:2002Welded steel tubes for pressure purposes — Technical delivery conditions— Part 3: Alloy fine grain steel tubes

—

EN 10217-3:2002/A1:2005

CEN EN 10217-4:2002Welded steel tubes for pressure purposes — Technical delivery conditions— Part 4: Electric welded non-alloy steel tubes with specified lowtemperature properties

—

EN 10217-4:2002/A1:2005

CEN EN 10217-5:2002Welded steel tubes for pressure purposes — Technical delivery conditions— Part 5: Submerged arc welded non-alloy and alloy steel tubes withspecified elevated temperature properties

—

EN 10217-5:2002/A1:2005

CEN EN 10217-6:2002Welded steel tubes for pressure purposes — Technical delivery conditions— Part 6: Submerged arc welded non-alloy steel tubes with specified lowtemperature properties

—

EN 10217-6:2002/A1:2005

CEN EN 10217-7:2005Welded steel tubes for pressure purposes — Technical delivery conditions— Part 7: Stainless steel tubes

—

CEN EN 10222-1:1998Steel forgings for pressure purposes — Part 1: General requirements foropen die forgings

—






standardNote 1

CEN EN 10222-2:1999Steel forgings for pressure purposes — Part 2: Ferritic and martensiticsteels with specified elevated temperature properties

—

EN 10222-2:1999/AC:2000

CEN EN 10222-3:1998Steel forgings for pressure purposes — Part 3: Nickel steels with specifiedlow temperature properties

—

CEN EN 10222-4:1998Steel forgings for pressure purposes — Part 4: Weldable fine grain steelswith high proof strength

—


CEN EN 10222-5:1999Steel forgings for pressure purposes — Part 5: Martensitic, austenitic andaustenitic-ferritic stainless steels

—

EN 10222-5:1999/AC:2000

CEN EN 10269:1999Steels and nickel alloys for fasteners with specified elevated and/or lowtemperature properties

—

EN 10269:1999/A1:2006 Note 3 31.10.2006

EN 10269:1999/A1:2006/AC:2006

CEN EN 10272:2000Stainless steel bars for pressure purposes

—

CEN EN 10273:2000Hot rolled weldable steel bars for pressure purposes with specifiedelevated temperature properties

—

CEN EN 10305-4:2003Steel tubes for precision applications — Technical delivery conditions —

Part 4: Seamless cold drawn tubes for hydraulic and pneumatic powersystems

—

CEN EN 10305-6:2005Steel tubes for precision applications — Technical delivery conditions —

Part 6: Welded cold drawn tubes for hydraulic and pneumatic powersystems

—

CEN EN ISO 10931:2005Plastics piping systems for industrial applications — Poly(vinylidenefluoride) (PVDF) — Specifications for components and the system (ISO10931:2005)

—

CEN EN 12178:2003Refrigerating systems and heat pumps — Liquid level indicating devices— Requirements, testing and marking

—

CEN EN 12263:1998Refrigerating systems and heat pumps — Safety switching devices forlimiting the pressure — Requirements and tests

—

CEN EN 12266-1:2003Industrial valves — Testing of valves — Part 1: Pressure tests, test proce-dures and acceptance criteria — Mandatory requirements

—





standardNote 1

CEN EN 12284:2003Refrigerating systems and heat pumps — Valves — Requirements, testingand marking

—

CEN EN 12288:2003Industrial valves — Copper alloy gate valves

—

CEN EN 12334:2001Industrial valves — Cast iron check valves

—


CEN EN 12392:2000Aluminium and aluminium alloys — Wrought products — Specialrequirements for products intended for the production of pressure equip-ment

—

CEN EN 12420:1999Copper and copper alloys — Forgings

—

CEN EN 12434:2000Cryogenic vessels — Cryogenic flexible hoses

—

EN 12434:2000/AC:2001

CEN EN 12451:1999Copper and copper alloys — Seamless, round tubes for heat exchangers

—

CEN EN 12452:1999Copper and copper alloys — Rolled, finned, seamless tubes for heatexchangers

—

CEN EN 12516-1:2005Industrial valves — Shell design strength — Part 1: Tabulation methodfor steel valve shells

—

CEN EN 12516-2:2004Industrial valves — Shell design strength — Part 2: Calculation methodfor steel valve shells

—

CEN EN 12516-3:2002Valves — Shell design strength — Part 3: Experimental method

—

EN 12516-3:2002/AC:2003

CEN EN 12542:2002Static welded steel cylindrical tanks, serially produced for the storage ofLiquefied Petroleum Gas (LPG) having a volume not greater than 13m3

and for installation above ground — Design and manufacture

—


CEN EN 12735-1:2001Copper and copper alloys — Seamless, round copper tubes for air condi-tioning and refrigeration — Part 1: Tubes for piping systems

—






standardNote 1

CEN EN 12735-2:2001Copper and copper alloys — Seamless, round copper tubes for air condi-tioning and refrigeration — Part 2: Tubes for equipment

—


CEN EN 12778:2002Cookware — Pressure cookers for domestic use

—

CEN EN 12952-1:2001Water-tube boilers and auxiliary installations — Part 1: General

—

CEN EN 12952-2:2001Water-tube boilers and auxiliary installations — Part 2: Materials for pres-sure parts of boilers and accessories

—

CEN EN 12952-3:2001Water-tube boilers and auxilliary installations — Part 3: Design and calcu-lation for pressure parts

—

CEN EN 12952-5:2001Water-tube boilers and auxiliary installations — Part 5: Workmanshipand construction of pressure parts of the boiler

—

CEN EN 12952-6:2002Water-tube boilers and auxiliary installations — Part 6: Inspection duringconstruction; documentation and marking of pressure parts of the boiler

—

CEN EN 12952-7:2002Water-tube boilers and auxiliary installations — Part 7: Requirements forequipment for the boiler

—

CEN EN 12952-8:2002Water-tube boilers and auxiliary installations — Part 8: Requirements forfiring systems for liquid and gaseous fuels for the boiler

—

CEN EN 12952-9:2002Water-tube boilers and auxiliary installations — Part 9: Requirements forfiring systems for pulverized solid fuels for the boiler

—

CEN EN 12952-10:2002Water-tube boilers and auxiliary installations — Part 10: Requirementsfor safeguards against excessive pressure

—

CEN EN 12952-14:2004Water-tube boilers and auxiliary installations — Part 14: Requirementsfor flue gas DENOX-systems using liquefied pressurized ammonia andammonia water solution

—

CEN EN 12952-16:2002Water-tube boilers and auxiliary installations — Part 16: Requirementsfor grate and fluidized-bed firing systems for solid fuels for the boiler

—

CEN EN 12953-1:2002Shell boilers — Part 1: General

—





standardNote 1

CEN EN 12953-2:2002Shell boilers — Part 2: Materials for pressure parts of boilers and acces-sories

—

CEN EN 12953-3:2002Shell boilers — Part 3: Design and calculation for pressure parts

—

CEN EN 12953-4:2002Shell boilers — Part 4: Workmanship and construction of pressure partsof the boiler

—

CEN EN 12953-5:2002Shell boilers — Part 5: Inspection during construction, documentationand marking of pressure parts of the boiler

—

CEN EN 12953-6:2002Shell boilers — Part 6: Requirements for equipment for the boiler

—

CEN EN 12953-7:2002Shell boilers — Part 7: Requirements for firing systems for liquid andgaseous fuels for the boilers

—

CEN EN 12953-8:2001Shell boilers — Part 8: Requirements for safeguards against excessivepressure

—

CEN EN 12953-12:2003Shell boilers — Part 12: Requirements for grate firing systems for solidfuels for the boiler

—

CEN EN 13121-1:2003GRP tanks and vessels for use above ground — Part 1: Raw materials —

Specification conditions and acceptance conditions

—

CEN EN 13121-2:2003GRP tanks and vessels for use above ground — Part 2: Composite mate-rials — Chemical resistance

—

CEN EN 13133:2000Brazing — Brazer approval

—

CEN EN 13134:2000Brazing — Procedure approval

—

CEN EN 13136:2001Refrigerating systems and heat pumps — Pressure relief devices and theirassociated piping — Methods for calculation

—

CEN EN 13175:2003Specification and testing for Liquefied Petroleum Gas (LPG) tank valvesand fittings

—


EN 13175:2003/AC:2004

CEN EN 13348:2001Copper and copper alloys — Seamless, round copper tubes for medicalgases or vacuum

—






standardNote 1

CEN EN 13371:2001Cryogenic vessels — Couplings for cryogenic service

—

CEN EN 13397:2001Industrial valves — Diaphragm valves made of metallic materials

—

CEN EN 13445-1:2002Unfired pressure vessels — Part 1: General

—

CEN EN 13445-2:2002Unfired pressure vessels — Part 2: Materials

—

CEN EN 13445-3:2002Unfired pressure vessels — Part 3: Design

—




EN 13445-3:2002/A8:2006 Note 3 31.10.2006

CEN EN 13445-4:2002Unfired pressure vessels — Part 4: Fabrication

—

CEN EN 13445-5:2002Unfired pressure vessels — Part 5: Inspection and testing

—


EN 13445-5:2002/A3:2006 Note 3 30.11.2006

EN 13445-5:2002/A5:2006 Note 3 28.2.2007

CEN EN 13445-6:2002Unfired pressure vessels — Part 6: Requirements for the design and fabri-cation of pressure vessels and pressure parts constructed from spheroidalgraphite cast iron

—


CEN EN 13458-1:2002Cryogenic vessels — Static vacuum insulated vessels — Part 1: Funda-mental requirements

—

CEN EN 13458-2:2002Cryogenic vessels — Static vacuum insulated vessels — Part 2: Design,fabrication, inspection and testing

—

EN 13458-2:2002/AC:2006

CEN EN 13458-3:2003Cryogenic vessels — Static vacuum insulated vessels — Part 3: Opera-tional requirements

—






standardNote 1

CEN EN 13480-1:2002Metallic industrial piping — Part 1: General

—


CEN EN 13480-2:2002Metallic industrial piping — Part 2: Materials

—

CEN EN 13480-3:2002Metallic industrial piping — Part 3: Design and calculation

—


CEN EN 13480-4:2002Metallic industrial piping — Part 4: Fabrication and installation

—

CEN EN 13480-5:2002Metallic industrial piping — Part 5: Inspection and testing

—

CEN EN 13480-6:2004Metallic industrial piping — Part 6: Additional requirements for buriedpiping

—


CEN EN 13648-1:2002Cryogenic vessels — Safety devices for protection against excessive pres-sure — Part 1: Safety valves for cryogenic service

—

CEN EN 13648-2:2002Cryogenic vessels — Safety devices for protection against excessive pres-sure — Part 2: Bursting disc safety devices for cryogenic service

—

CEN EN 13648-3:2002Cryogenic vessels — Safety devices for protection against excessive pres-sure — Part 3: Determination of required discharge — Capacity andsizing

—

CEN EN 13709:2002Industrial valves — Steel globe and globe stop and check valves

—

CEN EN 13789:2002Industrial valves — Cast iron globe valves

—

CEN EN 13923:2005Filament-wound FRP pressure vessels — Materials, design, manufacturingand testing

—

CEN EN 14071:2004Pressure relief valves for LPG tanks — Ancillary equipment

—

CEN EN 14075:2002Static welded steel cylindrical tanks, serially produced for the storage ofLiquefied Petroleum Gas (LPG) having a volume not greater than 13 m3

and for installation underground — Design and manufacture

—






standardNote 1

CEN EN 14129:2004Pressure relief valves for LPG tanks

—

CEN EN 14197-1:2003Cryogenic vessels — Static non-vacuum insulated vessels — Part 1:Fundamental requirements

—

CEN EN 14197-2:2003Cryogenic vessels — Static non-vacuum insulated vessels — Part 2:Design, fabrication, inspection and testing

—

EN 14197-2:2003/A1:2006 Note 3 28.2.2007

EN 14197-2:2003/AC:2006

CEN EN 14197-3:2004Cryogenic vessels — Static non-vacuum insulated vessels — Part 3:Operational requirements

—


EN 14197-3:2004/AC:2004

CEN EN 14222:2003Stainless steel shell boilers

—

CEN EN 14276-1:2006Pressure equipment for refrigerating systems and heat pumps — Part 1:Vessels — General requirements

—

CEN EN 14341:2006Industrial valves — Steel check valves

—

CEN EN 14382:2005Safety devices for gas pressure regulating stations and installations — Gassafety shut-off devices for inlet pressures up to 100 bar

—

CEN EN 14570:2005Equipping of LPG tanks, overground and underground

—


CEN EN 14585-1:2006Corrugated metal hose assemblies for pressure applications — Part 1:Requirements

—

CEN EN ISO 15493:2003Plastics piping systems for industrial applications — Acrylonitrile-buta-diene-styrene (ABS), unplasticized poly(vinyl chloride) (PVC-U) and chlori-nated poly(vinyl chloride) (PVC-C) — Specifications for components andthe system — Metric series (ISO 15493:2003)

—





standardNote 1

CEN EN ISO 15494:2003Plastics piping systems for industrial applications — Polybutene (PB),polyethylene (PE) and polypropylene (PP) — Specifications for compo-nents and the system — Metric series (ISO 15494:2003)

—

CEN EN ISO 15613:2004Specification and qualification of welding procedures for metallic mate-rials — Qualification based on pre-production welding test (ISO15613:2004)

—

CEN EN ISO 15614-1:2004Specification and qualification of welding procedures for metallic mate-rials — Welding procedure test — Part 1: Arc and gas welding of steelsand arc welding of nickel and nickel alloys (ISO 15614-1:2004)

—

CEN EN ISO 15614-2:2005Specification and qualification of welding procedures for metallic mate-rials — Welding procedure test — Part 2: Arc welding of aluminium andits alloys (ISO 15614-2:2005)

—

CEN EN ISO 15614-4:2005Specification and qualification of welding procedures for metallic mate-rials — Welding procedure test — Part 4: Finishing welding of alumi-nium castings (ISO 15614-4:2005)

—

CEN EN ISO 15614-5:2004Specification and qualification of welding procedures for metallic mate-rials — Welding procedure test — Part 5: Arc welding of titanium, zirco-nium and their alloys (ISO 15614-5:2004)

—

CEN EN ISO 15614-6:2006Specification and qualification of welding procedures for metallic mate-rials — Welding procedure test — Part 6: Arc and gas welding of copperand its alloys (ISO 15614-6:2006)

—

CEN EN ISO 15614-8:2002Specification and qualification of welding procedures for metallic mate-rials — Welding procedure test — Part 8: Welding of tubes to tube-platejoints (ISO 15614-8:2002)

—

CEN EN ISO 15614-11:2002Specification and qualification of welding procedures for metallic mate-rials — Welding procedure test — Part 11: Electron and laser beamwelding (ISO 15614-11:2002)

—

CEN EN ISO 15620:2000Welding — Friction welding of metallic materials (ISO 15620:2000)

—

CEN EN ISO 16135:2006Industrial valves — Ball valves of thermoplastics materials (ISO16135:2006)

—





standardNote 1

CEN EN ISO 16136:2006Industrial valves — Butterfly valves of thermoplastics materials (ISO16136:2006)

—

CEN EN ISO 16137:2006Industrial valves — Check valves of thermoplastics materials (ISO16137:2006)

—

CEN EN ISO 16138:2006Industrial valves — Diaphragm valves of thermoplastics materials (ISO16138:2006)

—

CEN EN ISO 16139:2006Industrial valves — Gate valves of thermoplastics materials (ISO16139:2006)

—

CEN EN ISO 21787:2006Industrial valves — Globe valves of thermoplastics materials (ISO21787:2006)

—

(1) ESO: European Standardisation Organisation:— CEN: rue de Stassart 36, B-1050 Brussels, Tel. (32-2) 550 08 11; fax (32-2) 550 08 19 (http://www.cenorm.be)— CENELEC: rue de Stassart 35, B-1050 Brussels, Tel. (32-2) 519 68 71; fax (32-2) 519 69 19 (http://www.cenelec.org)— ETSI: 650, route des Lucioles, F-06921 Sophia Antipolis, Tel. (33) 492 94 42 00; fax (33) 493 65 47 16 (http://www.etsi.org)

Note 1 Generally the date of cessation of presumption of conformity will be the date of withdrawal (‘dow’),set by the European Standardisation Organisation, but attention of users of these standards is drawnto the fact that in certain exceptional cases this can be otherwise.

Note 3 In case of amendments, the referenced standard is EN CCCCC:YYYY, its previous amendments, ifany, and the new, quoted amendment. The superseded standard (column 3) therefore consists of ENCCCCC:YYYY and its previous amendments, if any, but without the new quoted amendment. Onthe date stated, the superseded standard ceases to give presumption of conformity with the essentialrequirements of the directive.

NOTE:

— Any information concerning the availability of the standards can be obtained either from the EuropeanStandardisation Organisations or from the national standardisation bodies of which the list is annexed tothe Directive 98/34/EC (1) of the European Parliament and Council amended by the Directive 98/48/EC (2).

— Publication of the references in the Official Journal of the European Union does not imply that the stan-dards are available in all the Community languages.

— This list replaces all the previous lists published in the Official Journal of the European Union. The Commis-sion ensures the updating of this list.

More information about harmonised standards on the Internet athttp://europa.eu.int/comm/enterprise/newapproach/standardization/harmstds/


(1) OJ L 204, 21.7.1998, p. 37.(2) OJ L 217, 5.8.1998, p. 18.

Summary information communicated by Member States regarding State aid granted under Commis-sion Regulation (EC) No 1/2004 of 23 December 2003 on the application of Articles 87 and 88 ofthe EC Treaty to State aid to small and medium-sized enterprises active in the production, proces-

sing and marketing of agricultural products

(Text with EEA relevance)

(2006/C 311/08)

Aid No: XA 72/06

Member State: Italy

Region: Piedmont

Title of aid scheme or name of company receiving indivi-dual aid: Aid for tangible and intangible investments (RegionalLaw No 23/2004)

Legal basis: Deliberazione della Giunta regionale n. 56 — 3081del 5.6.2006 (B.U.R.P. n. 24 del 15.6.2006) ‘Legge regionale23/2004, Interventi per lo sviluppo e la promozione della coop-erazione. Articolo 6, commi 1, 2. Approvazione del programmadegli interventi a favore delle società cooperative operanti nelsettore della trasformazione e commercializzazione dei prodottiagricoli e rientranti tra le piccole e medie imprese’.

Commission Regulation (EC) No 1/2004 of 23 December 2003concerning the application of Articles 87 and 88 of the ECTreaty to aid for small and medium-sized enterprises involved inthe production, processing and marketing of agriculturalproducts. Published in Official Journal No L 1 of 3 January2004. Entry into force: 23 January 2004 (Article 14).

Planned annual expenditure under the scheme: EUR 10million

Maximum aid intensity: Non-repayable grants to cover thegeneral costs, such as consultants' and planners' fees and feasi-bility studies, up to a maximum of 12 % of the costs forecastfor tangible investments, to set up and develop systems tocertify product quality and traceability, to cover vocational andmanagement training for members and to set up and consoli-date business accounting systems.

Grants are awarded for a minimum of EUR 5 000 up to amaximum of EUR 50 000.

Loans at a subsidised rate in cooperation with financial institu-tions to build, purchase and restructure immovable property(excluding the purchase of land) and to purchase machines, newequipment (including IT programmes), vehicles and containersspecifically for transporting semi-processed or end producefrom processing and marketing plants to distribution channels,provided the vehicles and containers are directly and exclusivelyused to transport such produce.

Loans cover up to 100 % of eligible costs for a five-year period(for production investments) or ten years for immovable prop-erty investments.

The amount of funding granted from the regional budget rangesfrom a minimum of EUR 7 500 to a maximum ofEUR 350 000.

Aid may not exceed 40 % of eligible expenditure.

Date of implementation: October 2006. In any case, not untilnotification is received of the identification number given by theCommission, when it receives the summary information.

Duration of the scheme: 30 November 2007

Objective of aid: To promote and develop cooperative enter-prise in Piedmont, to raise the quality of produce supplied bycooperatives and to improve management

The following articles of the Regulation are applicable: Article 7and Article 13(a), (b), (c), (d) and (e).

Sectors concerned: The scheme applies to cooperatives classedas small and medium-sized enterprises engaged in the proces-sing and marketing of agricultural products covered by Annex Ito the EC Treaty.

Name and address of the granting authority:

Regione Piemonte, Assessorato alle Attività Produttive, Bilancioe CooperazioneDirezione regionale Formazione Professionale-lavoro,Via Magenta, 12I-10128 TorinoTel. (39-011) 432 48 85,Fax (39-011) 432 48 78,e-mail: [email protected].

Web address:

www.regione.piemonte.it/lavoro/index.htm

Other information: Beneficiaries must:

— not be bankrupt or in receivership, not have ceased orsuspended their activities, not be subject to a court case orbe involved in any similar proceedings;

— prove they are profitable and financially sound;

— prove they meet the minimum requirements on health,environment and animal welfare.

The following costs are not eligible:

— products originating in third countries;

— investments that do not contribute to improving the situa-tion of the agricultural production sectors concerned;

— investments at retail level;

— the purchase of transport engines;

— non-depreciable investments


Likewise aid will not be granted for:

— investments in breach of limits or restrictions applicableunder common market organisations; specifically, aid willnot be granted for investments that exceed EU limits in thevarious sectors;

— investments concerning the manufacture and marketing ofproducts which imitate or replace milk and milk products;

— initiatives intended to support research or promotioncampaigns for agricultural products

XA Number: XA 91/06

Member State: Austria

Region: Burgenland

Title of aid scheme: Guidelines concerning the granting ofnon-repayable premiums to small and medium-sized enterprisesactive in the production, processing and marketing of agri-cultural products under Landes-Wirtschaftsförderungsgesetz1994 — WiföG

Legal basis: Gesetz vom 24. März 1994 über Maßnahmen zurGewährleistung der wirtschaftlichen Entwicklung im Burgenland(Landes-Wirtschaftsförderungsgesetz 1994 — WiföG), LGBl.Nr. 33/1994, in der Fassung des Gesetzes LGBl. Nr. 64/1998.

Annual expenditure planned under the scheme: Planning for2006

Year 2006: Investment aid in EUR 1 500 000

Maximum aid intensity: Nordburgenland: 30 %

Mittelburgenland: 35 %

Südburgenland: 35 %

Premiums of +15 % can be awarded.

The maximum amount is EUR 725 000 for investments inprocessing and marketing and EUR 100 000 over a period ofthree years for providing technical support in the agriculturalsector.

The level of support is subject to the limit set by Regulation(EC) No 1/2004.

Date of implementation: The aid may be awarded followingpublication of the scheme in the Burgenland official gazette.Such publication is planned at the earliest for 10 working daysafter notification of this summary

Duration of scheme: The scheme runs until 31 December2006

Objective of aid: To improve the regional economic infrastruc-ture of SMEs active exclusively in the processing and marketingof agricultural products

The main focus of the scheme is on:

— special aid for enterprises which place a strong emphasis ongrowth

— making companies in Burgenland more internationally-oriented

— encouraging small-scale projects by such companies thatshow good signs of growth or which are expected to addvalue in the long term

The only costs which are eligible are those which fall under thefollowing articles:

— Article 7 — investment in processing and marketing

— Article 14 — provision of technical support in the agri-cultural sec

Sector(s) concerned: This scheme covers all economic sectorsexcept the tourism and leisure sector and primary agriculturaland forestry production

Name and address of granting authority:Land BurgenlandEuropaplatz 1A-7001 Eisenstadt

Internet address: www.wibag.at

XA number: XA 99/06

Member State: NetherlandsRegion: Not applicableTitle of aid scheme or name of company receiving indivi-dual aid: Investment scheme on saving energy

Legal basis: Voorziene jaarlijkse uitgaven krachtens de regelingof totaalbedrag van de aan de onderneming verleende indivi-duele steun

Annual expenditure planned under the scheme or overallamount of individual aid granted to the company: 2007:EUR 6 million

Maximum aid intensity: 25 %

Date of implementation: Applications can be submitted from15 to 29 November 2006.

Duration of scheme or individual aid award: The scheme isnon-recurring. Payments will be made by 30 June 2007 at thelatest

Objective of aid: Primary objective: to reduce production costs.Secondary objective: to preserve and improve the natural envir-onment. The scheme is based on Article 4 of Regulation (EC)No 1/2004. Investment directed at saving energy is eligible

Economic sector(s) concerned: agricultural holdings, in par-ticular glasshouse horticultural holdings

Name and address of the granting authority:Minister van Landbouw, Natuur en Voedselkwaliteit

Website: www.minlnv.nl/loket


Notice of initiation of an anti-dumping proceeding concerning imports of polyvinyl alcohol (PVA)originating in the People's Republic of China and Taiwan

(2006/C 311/09)

The Commission has received a complaint pursuant to Article 5of Council Regulation (EC) No 384/96 on protection againstdumped imports from countries not members of the EuropeanCommunity (‘the basic Regulation’) (1), alleging that imports ofpolyvinyl alcohol (PVA), originating in the People's Republic ofChina and Taiwan (‘the countries concerned’), are being dumpedand are thereby causing material injury to the Communityindustry.

1. Complaint

The complaint was lodged on 6 November 2006 by KuraraySpecialties Europe GmbH (‘the complainant’) representing amajor proportion, in this case more than 25 %, of the totalCommunity production of polyvinyl alcohol (PVA).

2. Product

The product allegedly being dumped is certain polyvinyl alco-hols in the form of homo-polymer resins with a viscosity(measured in 4 % solution) of 3 mPas or more but notexceeding 61 mPas and a degree of hydrolysis of 84,0 mol % ormore but not exceeding 99,9 mol % originating in the People'sRepublic of China and Taiwan (‘the product concerned’),normally declared within CN code ex 3905 30 00. This CNcode is only given for information.

3. Allegation of dumping

The allegation of dumping in respect of Taiwan is based on acomparison of normal value established on the basis ofdomestic prices, with the export prices of the productconcerned to the Community.

In view of the provisions of Article 2(7) of the basic Regulation,the complainant established a normal value for the People'sRepublic of China on the basis of the price in a marketeconomy country, which is mentioned in point 5.1(d). The alle-gation of dumping is based on a comparison of normal value,thus calculated, with the export prices of the product concernedwhen sold for export to the Community.

On this basis, the dumping margin calculated is significant.

4. Allegation of injury

The complainant has provided evidence that imports of theproduct concerned from the People's Republic of China andTaiwan have increased overall in absolute terms and in terms ofmarket share.

It is alleged that the volumes and the prices of the importedproduct concerned have, among other consequences, had anegative impact on the level of prices charged by the Com-munity industry, resulting in substantial adverse effects on itsfinancial situation and employment situation of the Communityindustry.

5. Procedure

Having determined, after consulting the Advisory Committee,that the complaint has been lodged by or on behalf of the Com-munity industry and that there is sufficient evidence to justifythe initiation of a proceeding, the Commission hereby initiatesan investigation pursuant to Article 5 of the basic Regulation.

5.1. Procedure for the determination of dumping and injury

The investigation will determine whether the product concernedoriginating in the People's Republic of China and Taiwan isbeing dumped and whether this dumping has caused injury.

(a) Sampling

In view of the apparent large number of parties involved inthis proceeding, the Commission may decide to applysampling in accordance with Article 17 of the basic Regu-lation.

(i) Sampl ing for expor ters /producers in thePeople ' s Republ ic of China

In order to enable the Commission to decide whethersampling is necessary and, if so, to select a sample, allexporters/producers, or representatives acting on theirbehalf, are hereby requested to make themselves knownby contacting the Commission and providing thefollowing information on their company or companieswithin the time limit set in point 6(b)(i) and in theformat indicated in point 7:

— name, address, e-mail address, telephone, and faxnumbers and contact person,

— the turnover in local currency and the volume intonnes of the product concerned sold for export tothe Community during the period 1 October 2005— 30 September 2006,


(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC)No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

— the turnover in local currency and the sales volumein tonnes for the product concerned on thedomestic market during the period 1 October 2005— 30 September 2006,

— whether the company intends to claim an individualmargin (1) (individual margins can only be claimedby producers),

— the precise activities of the company with regard tothe production of the product concerned,

— the names and the precise activities of all relatedcompanies (2) involved in the production and/orselling (export and/or domestic) of the productconcerned,

— any other relevant information that would assist theCommission in the selection of the sample,

— by providing the above information, the companyagrees to its possible inclusion in the sample. If thecompany is chosen to be part of the sample, thiswill imply replying to a questionnaire and acceptingan on-the-spot investigation of its response. If thecompany indicates that it does not agree to itspossible inclusion in the sample, it will be deemedto not have co-operated in the investigation. Theconsequences of non-cooperation are set out inpoint 8 below.

In order to obtain the information it deems necessaryfor the selection of the sample of exporters/producers,the Commission will, in addition, contact the authori-ties of the exporting country, and any known associa-tions of exporters/producers.

(ii) Sampl ing for impor ters

In order to enable the Commission to decide whethersampling is necessary and, if so, to select a sample, allimporters, or representatives acting on their behalf, arehereby requested to make themselves known to theCommission and to provide the following informationon their company or companies within the time limitset in point 6(b)(i) and in the formats indicated in point7:

— name, address, e-mail address, telephone, and faxnumbers and contact person,

— the total turnover in euro of the company duringthe period 1 October 2005 — 30 September 2006,

— the total number of employees,

— the precise activities of the company with regard tothe product concerned,

— the volume in tonnes and value in euro of importsinto and resales made in the Community marketduring the period 1 October 2005 — 30 September2006 of the imported product concerned origin-ating in the People's Republic of China and Taiwan,

— the names and the precise activities of all relatedcompanies (3) involved in the production and/orselling of the product concerned,

— any other relevant information that would assist theCommission in the selection of the sample,

— by providing the above information, the companyagrees to its possible inclusion in the sample. If thecompany is chosen to be part of the sample, thiswill imply replying to a questionnaire and acceptingan on-the-spot investigation of its response. If thecompany indicates that it does not agree to itspossible inclusion in the sample, it will be deemedto not have co-operated in the investigation. Theconsequences of non-cooperation are set out inpoint 8 below.

In order to obtain the information it deems necessaryfor the selection of the sample of importers, theCommission will, in addition, contact any known asso-ciations of importers.

(iii) F ina l se lect ion of the samples

All interested parties wishing to submit any relevantinformation regarding the selection of the sample mustdo so within the time limit set in point 6(b)(ii).

The Commission intends to make the final selection ofthe samples after having consulted the partiesconcerned that have expressed their willingness to beincluded in the sample.

Companies included in the samples must reply to aquestionnaire within the time limit set in point 6(b)(iii)and must cooperate within the framework of the inves-tigation.

If sufficient co-operation is not forthcoming, theCommission may base its findings, in accordance withArticles 17(4) and 18 of the basic Regulation, on thefacts available. A finding based on facts available maybe less advantageous to the party concerned, asexplained in point 8.


(1) Individual margins may be claimed pursuant to Article 17(3) of thebasic Regulation for companies not included in the sample, Article 9(5)of the basic Regulation concerning individual treatment in cases invol-ving non market economy countries/economies in transition, andArticle 2(7)(b) of the basic Regulation for companies claiming marketeconomy status. Note that claims for individual treatment necessitatean application pursuant to Article 9(5) of the basic Regulation and thatclaims regarding market economy status necessitate an applicationpursuant to Article 2(7)(b) of the basic Regulation.

(2) For guidance on the meaning of related companies, please refer toArticle 143 of Commission Regulation (EEC) No 2454/93 laying downprovisions for the implementation of Council Regulation (EEC) No2913/92 establishing the Community Customs Code (OJ L 253,11.10.1993, p. 1).

(3) For guidance on the meaning of related companies, please refer toArticle 143 of Commission Regulation (EEC) No 2454/93 laying downprovisions for the implementation of Council Regulation (EEC) No2913/92 establishing the Community Customs Code (OJ L 253,11.10.1993, p. 1).

(b) Questionnaires

In order to obtain the information it deems necessary for itsinvestigation, the Commission will send questionnaires tothe Community industry and to any association of produ-cers in the Community, to the sampled exporters/producersin the People's Republic of China, to the exporters/producersin Taiwan, to any association of exporters/producers, to thesampled importers, to any association of importers namedin the complaint, and to the authorities of the exportingcountries concerned.

(i) Expor ters /producers in Taiwan

All such interested parties should contact the Commis-sion forthwith by fax, but not later than the time limitset out in point 6(a)(i), in order to find out whether theyare listed in the complaint and, if necessary, request aquestionnaire, given that the time limit set in point 6(a)(ii) applies to all such interested parties.

(ii) Expor ters /producers c la iming an indiv idualmargin in the People ' s Republ ic of China

Exporters/producers in the People's Republic of Chinaclaiming an individual margin, with a view to the appli-cation of Articles 17(3) and 9(6) of the basic Regulation,must submit a completed questionnaire within the timelimit set in point 6(a)(ii) of this notice. They thereforehave to request a questionnaire within the time limit setin point 6(a)(i). However, such parties should be awarethat if sampling is applied to exporters/producers, theCommission may nonetheless decide not to calculate anindividual margin for them, if the number of exporters/producers is so large that individual examination wouldbe unduly burdensome and would prevent the timelycompletion of the investigation.

(c) Collection of information and holding of hearings

All interested parties are hereby invited to make their viewsknown, submit information other than questionnaire repliesand to provide supporting evidence. This information andsupporting evidence has to reach the Commission withinthe time limit set in point 6(a)(ii).

Furthermore, the Commission may hear interested parties,provided that they make a request showing that there areparticular reasons why they should be heard. This requestmust be made within the time limit set in point 6(a)(iii).

(d) Selection of the market economy country

In accordance with Article 2(7)(a) of the basic Regulation, itis envisaged to choose Japan as an appropriate marketeconomy country for the purpose of establishing normalvalue in respect of the People's Republic of China. Interestedparties are hereby invited to comment on the appropriate-ness of this choice within the specific time limit set in point6(c).

(e) Market economy status

For those exporters/producers in the People's Republic ofChina who claim and provide sufficient evidence that theyoperate under market economy conditions, i.e. that theymeet the criteria laid down in Article 2(7)(c) of the basicRegulation, normal value will be determined in accordancewith Article 2(7)(b) of the basic Regulation. Exporters/producers intending to submit duly substantiated claimsmust do so within the specific time limit set in point 6(d).The Commission will send claim forms to all exporters/producers in the People's Republic of China who have eitherbeen included in the sample or named in the complaint andto any association of exporters/producers named in thecomplaint, as well as to the authorities of the People'sRepublic of China.

5.2. Procedure for assessment of Community interest

In accordance with Article 21 of the basic Regulation and in theevent that the allegations of dumping and injury caused therebyare substantiated, a decision will be reached as to whether theadoption of anti-dumping measures would not be against theCommunity interest. For this reason the Community industry,importers, their representative associations, representative usersand representative consumer organisations, provided that theyprove that there is an objective link between their activity andthe product concerned, may, within the general time limits setin point 6(a)(ii), make themselves known and provide theCommission with information. The parties which have acted inconformity with the preceding sentence may request a hearingsetting out the particular reasons why they should be heardwithin the time limit set in point 6(a)(iii). It should be notedthat any information submitted pursuant to Article 21 will onlybe taken into account if supported by factual evidence at thetime of submission.

6. Time limits

(a) General time limits

(i) For par t ies to request a quest ionnaire or otherc la im forms

All interested parties should request a questionnaire orother claim forms as soon as possible, but not laterthan 10 days after the publication of this notice in theOfficial Journal of the European Union.

(ii) For par t ies to make themselves known, tosubmit quest ionnaire repl ies and any otherinformat ion

All interested parties, if their representations are to betaken into account during the investigation, must makethemselves known by contacting the Commission,present their views and submit questionnaire replies orany other information within 40 days of the date ofpublication of this notice in the Official Journal of theEuropean Union, unless otherwise specified. Attention isdrawn to the fact that the exercise of most proceduralrights set out in the basic Regulation depends on theparty's making itself known within the aforementionedperiod.


Companies selected in a sample must submit question-naire replies within the time limits specified in point 6(b)(iii).

(iii) Hear ings

All interested parties may also apply to be heard by theCommission within the same 40 day time limit.

(b) Specific time limit in respect of sampling

(i) The information specified in point 5.1(a)(i) and 5.1(a)(ii)should reach the Commission within 15 days of thedate of publication of this notice in the Official Journalof the European Union, given that the Commissionintends to consult parties concerned that haveexpressed their willingness to be included in the sampleon its final selection within a period of 21 days of thepublication of this notice in the Official Journal of theEuropean Union.

(ii) All other information relevant for the selection of thesample as referred to in 5.1(a)(iii) must reach theCommission within a period of 21 days of the publica-tion of this notice in the Official Journal of the EuropeanUnion.

(iii) The questionnaire replies from sampled parties mustreach the Commission within 37 days from the date ofthe notification of their inclusion in the sample.

(c) Specific time limit for the selection of the market economy country

Parties to the investigation may wish to comment on theappropriateness of Japan which, as mentioned in point 5.1(d), is envisaged as a market-economy country for thepurpose of establishing normal value in respect of thePeople's Republic of China. These comments must reach theCommission within 10 days of the date of publication ofthis notice in the Official Journal of the European Union.

(d) Specific time limit for submission of claims for market economystatus and/or for individual treatment

Duly substantiated claims for market economy status (asmentioned in point 5.1(e)) and/or for individual treatmentpursuant to Article 9(5) of the basic Regulation, must reachthe Commission within 15 days of the date of publicationof this notice in the Official Journal of the European Union.

7. Written submissions, questionnaire replies and cor-respondence

All submissions and requests made by interested parties must bemade in writing (not in electronic format, unless otherwisespecified) and must indicate the name, address, e-mail address,telephone and fax numbers of the interested party. All writtensubmissions, including the information requested in this notice,questionnaire replies and correspondence provided by interestedparties on a confidential basis shall be labelled as ‘Limited (1)’and, in accordance with Article 19(2) of the basic Regulation,shall be accompanied by a non-confidential version, which willbe labelled ‘For inspection by interested parties’.

Commission address for correspondence:European CommissionDirectorate General for TradeDirectorate BOffice: J-79 5/16B-1049 BrusselsFax (32-2) 295 65 05.

8. Non-cooperation

In cases in which any interested party refuses access to or doesnot provide the necessary information within the time limits, orsignificantly impedes the investigation, provisional or final find-ings, affirmative or negative, may be made in accordance withArticle 18 of the basic Regulation, on the basis of the factsavailable.

Where it is found that any interested party has supplied false ormisleading information, the information shall be disregardedand use may be made of the facts available. If an interestedparty does not cooperate or cooperates only partially and find-ings are therefore based on facts available in accordance withArticle 18 of the basic Regulation, the result may be less favour-able to that party than if it had cooperated.

9. Schedule of the investigation

The investigation will be concluded, according to Article 6(9) ofthe basic Regulation within 15 months of the date of the publi-cation of this notice in the Official Journal of the European Union.According to Article 7(1) of the basic Regulation, provisionalmeasures may be imposed no later than 9 months from thepublication of this notice in the Official Journal of the EuropeanUnion.


(1) This means that the document is for internal use only. It is protectedpursuant to Article 4 of Regulation (EC) No 1049/2001 of the Euro-pean Parliament and of the Council regarding public access to EuropeanParliament, Council and Commission documents (OJ L 145,31.5.2001, p. 43). It is a confidential document pursuant to Article 19of the basic Regulation and Article 6 of the WTOAgreement on Imple-mentation of Article VI of the GATT 1994 (Anti-dumping Agreement).

Notice of initiation of a partial interim review of the anti-dumping measures applicable to importsof solutions of urea and ammonium nitrate originating in Russia

(2006/C 311/10)

The Commission has received a request for a partial interimreview pursuant to Article 11(3) of Council Regulation (EC) No384/96 on protection against dumped imports from countriesnot members of the European Community (‘the basic Regu-lation’) (1).

1. Request for review

The request was lodged by Novomoskovskiy Azot and Nevinno-myssky Azot, members of Joint Stock Company ‘Mineral andChemical Company Eurochem’ (‘the applicant’), exportingproducers from Russia.

The request is limited in scope to the examination of dumpingas far as the applicant is concerned.

2. Product

The product under review is mixtures of urea and ammoniumnitrate in aqueous or ammoniacal solution originating in Russia(‘the product concerned’), currently classifiable within CN code3102 80 00. This CN code is given only for information.

3. Existing measures

The measures currently in force are definitive anti-dumpingduties imposed by Council Regulation (EC) No 1995/2000 (2),as last amended by Council Regulation (EC) No 1675/2003 (3),on imports of solutions of urea and ammonium nitrate origin-ating in Russia.

A notice of initiation of an expiry review of the anti-dumpingmeasures applicable to imports of the product concerned origin-ating in Russia was published on 22 September 2005 (4). Thisreview is still on-going.

4. Grounds for the review

The request pursuant to Article 11(3) is based on the primafacie evidence, provided by the applicant, that the circumstanceson the basis of which measures were established have changedand that these changes are of lasting nature.

The applicant alleges and provides prima facie evidence showingthat the comparison of its own normal value and, in theabsence of exports to the European Community, export pricesto an appropriate third country, in this case, the United States ofAmerica, would lead to a reduction of dumping significantlybelow the level of the current measures. Therefore the continuedimposition of measures at the existing levels, which were basedon the level of dumping previously established, is no longernecessary to offset dumping

5. Procedure for the determination of dumping

Having determined, after consulting the Advisory Committee,that sufficient evidence exists to justify the initiation of a partialinterim review, the Commission hereby initiates a review inaccordance with Article 11(3) of the basic Regulation.

In the context of the investigation, it will be determined, interalia, to what extent export prices to a third country or countriesshould be used in deciding whether the basis on which theexisting measures were established have changed and whetherthese changes are of lasting nature.

The investigation will assess the need for the continuation,removal or amendment of the existing measures in respect ofthe sole applicant.

If it is determined that measures should be removed oramended for the applicant, it may be necessary to amend therate of duty currently applicable to imports of the productconcerned from other exporting producers in Russia as set outin Article 1(2) of Regulation (EC) No 1995/2000.

(a) Questionnaires

In order to obtain the information it deems necessary for itsinvestigation, the Commission will send questionnaires tothe applicant and to the authorities of the exportingcountry concerned. This information and supportingevidence should reach the Commission within the time limitset in point 6(a).

(b) Collection of information and holding of hearings

All interested parties are hereby invited to make their viewsknown, submit information other than questionnaire repliesand to provide supporting evidence. This information andsupporting evidence must reach the Commission within thetime limit set in point 6(a).

Furthermore, the Commission may hear interested parties,provided that they make a request showing that there areparticular reasons why they should be heard. This requestmust be made within the time limit set in point 6(b).



(2) OJ L 238, 22.9.2000, p. 15.(3) OJ L 238, 25.9.2003, p. 4.(4) OJ C 233, 22.9.2005, p. 14.

6. Time limits

(a) For parties to make themselves known, to submit questionnairereplies and any other information

All interested parties, if their representations are to be takeninto account during the investigation, must make themselvesknown by contacting the Commission, present their viewsand submit questionnaire replies or any other informationwithin 40 days of the date of publication of this notice inthe Official Journal of the European Union, unless otherwisespecified. Attention is drawn to the fact that the exercise ofmost procedural rights set out in the basic Regulationdepends on the party's making itself known within theaforementioned period.

(b) Hearings

All interested parties may also apply to be heard by theCommission within the same 40-day time limit.


All submissions and requests made by interested parties must bemade in writing (not in electronic format, unless otherwisespecified) and must indicate the name, address, e-mail address,telephone and fax numbers of the interested party. All writtensubmissions, including the information requested in this notice,questionnaire replies and correspondence provided by interestedparties on a confidential basis shall be labeled as ‘Limited (1)’and, in accordance with Article 19(2) of the basic Regulation,shall be accompanied by a non-confidential version, which willbe labeled ‘FOR INSPECTION BY INTERESTED PARTIES’.

Commission address for correspondence:

European CommissionDirectorate General for TradeDirectorate BOffice: J-79 5/16B-1049 BrusselsFax (32-2) 295 65 05

8. Non-co-operation

In cases in which any interested party refuses access to or doesnot provide the necessary information within the time limits, orsignificantly impedes the investigation, findings, affirmative ornegative, may be made in accordance with Article 18 of thebasic Regulation, on the basis of the facts available.

Where it is found that any interested party has supplied false ormisleading information, the information shall be disregardedand use may be made, in accordance with Article 18 of thebasic Regulation, of the facts available. If an interested partydoes not cooperate or cooperates only partially, and use of factsavailable is made, the result may be less favourable to that partythan if it had cooperated.


The investigation will be concluded, according to Article 6(9) ofthe basic Regulation within 15 months of the date of the publi-cation of this notice in the Official Journal of the European Union.



Commission notice to producers of maize

(2006/C 311/11)

The Commission wishes to draw the attention of Community producers of maize to the proposal for aCouncil Regulation which it adopted on 15 December 2006, designed to amend Council Regulation (EC)No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1). Specifically,this proposal provides for the removal of maize from the intervention arrangements with effect from the2007/08 marketing year.


(1) COM (2006) 755.

Prior notification of a concentration

(Case COMP/M.4514 — Advent/Carlyle/H.C.Starck)

Candidate case for simplified procedure


(2006/C 311/12)

1. On 11 December 2006, the Commission received a notification of a proposed concentration pursuantto Article 4 of Council Regulation (EC) No 139/2004 (1) by which several funds managed by Advent Inter-national Corporation (‘Advent’, USA) and Carlyle Europe Partners II, L.P., part of the Carlyle Group (‘Carlyle ’,USA) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the H.C.Starck group of companies (‘H.C. Starck’, Germany) by way of purchase of shares.

2. The business activities of the undertakings concerned are:

— for Advent: private equity investment;

— for Carlyle: private equity investment;

— for H.C. Starck: active in refractory metals and related compounds, advanced ceramics, conductive poly-mers and other electronic chemicals for industrial applications, including electronics and optics, medicalequipment, aviation and aerospace, hard and heavy metals, energy automotive and chemicals.

3. On preliminary examination, the Commission finds that the notified transaction could fall within thescope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant tothe Commission Notice on a simplified procedure for treatment of certain concentrations under CouncilRegulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under theprocedure set out in the Notice.

4. The Commission invites interested third parties to submit their possible observations on the proposedoperation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication.Observations can be sent to the Commission by fax (fax No (32-2) 296 43 01 or 296 72 44) or by post,under reference number COMP/M.4514 — Advent/Carlyle/H.C.Starck, to the following address:

European CommissionDirectorate-General for CompetitionMerger RegistryJ-70B-1049 Bruxelles/Brussel


(1) OJ L 24, 29.1.2004, p. 1.(2) OJ C 56, 5.3.2005, p. 32.

Notice of initiation of a partial interim review of the anti-dumping measures applicable to importsof ammonium nitrate originating in Russia

(2006/C 311/13)

The Commission has received a request for a partial interimreview pursuant to Article 11(3) of Council Regulation (EC) No384/96 on protection against dumped imports from countriesnot members of the European Community (‘the basic Regu-lation’) (1).


The request was lodged by OJSC Acron and OJSC Dorogobuzh,members of ‘Acron’ Holding Company (‘the applicant’),exporting producers from Russia.


2. Product

The product under review is solid fertilisers with an ammoniumnitrate content exceeding 80 % by weight originating in Russia(‘the product concerned’), currently classifiable within CN codes3102 30 90, 3102 40 90, ex 3102 29 00, ex 3102 60 00,ex 3102 90 00, ex 3105 10 00, ex 3105 20 10,ex 3105 51 00, ex 3105 59 00 and ex 3105 90 91. These CNcodes are given only for information.


The measures currently in force are a definitive anti-dumpingduty imposed by Council Regulation (EC) No 658/2002 (2), aslast amended by Council Regulation (EC) No 945/2005 (3) onimports of ammonium nitrate originating in Russia.


The request pursuant to Article 11(3) is based on the prima facieevidence, provided by the applicant, that the circumstances onthe basis of which measures were established have changed andthat these changes are of lasting nature.

The applicant alleges and provides prima facie evidence showingthat a comparison between its own costs and export priceswould lead to a reduction of dumping significantly below thelevel of the current measures. Therefore the continued imposi-tion of measures at the existing levels, which were based on thelevel of dumping previously established, is no longer necessaryto offset dumping.




If it is determined that measures should be removed oramended for the applicant, it may be necessary to amend therate of duty currently applicable to imports from otherexporting producers of the product concerned as set out inArticle 1 of Regulation (EC) No 658/2002.

(a) Questionnaires





6. Time limits


All interested parties, if their representations are to be takeninto account during the investigation, must make themselvesknown by contacting the Commission, present their views andsubmit questionnaire replies or any other information within 40days of the date of publication of this notice in the OfficialJournal of the European Union, unless otherwise specified. Atten-tion is drawn to the fact that the exercise of most proceduralrights set out in the basic Regulation depends on the party'smaking itself known within the aforementioned period.

(b) Hearings




(2) OJ L 102, 18.4.2002, p. 1.(3) OJ L 160, 23.6.2005, p. 1.



Commission address for correspondence:European CommissionDirectorate General for TradeDirectorate BOffice: J-79 5/16B-1049 BrusselsFax (32-2) 295 65 05

8. Non-co-operation




The investigation will be concluded, according to Article 11(5)of the basic Regulation within 15 months of the date of thepublication of this notice in the Official Journal of the EuropeanUnion.



Notice of initiation of a partial interim review of the anti-dumping measures applicable to importsof ammonium nitrate originating in Ukraine

(2006/C 311/14)

The Commission has received a request for a partial interimreview pursuant to Article 11 (3) of Council Regulation (EC) No384/96 on protection against dumped imports from countriesnot members of the European Community (‘the basic Regu-lation’) (1).


The request was lodged by Open Joint Stock Company (OJSC)Azot Cherkassy (‘the applicant’), an exporting producer fromUkraine.


2. Product

The product under review is solid fertilisers with an ammoniumnitrate content exceeding 80 % by weight originating in Ukraine(‘the product concerned’), currently classifiable within CN codes3102 30 90, 3102 40 90, ex 3102 29 00, ex 3102 60 00,ex 3102 90 00, ex 3105 10 00, ex 3105 20 10,ex 3105 51 00, ex 3105 59 00 and ex 3105 90 91. These CNcodes are given only for information.


The measures currently in force are a definitive anti-dumpingduty imposed by Council Regulation (EC) No 132/2001 (2), aslast amended by Council Regulation (EC) No 945/2005. (3) onimports of ammonium nitrate originating in Ukraine.

A notice of initiation of an expiry review of the anti-dumpingmeasures applicable to imports of the product concerned origin-ating in Ukraine was published on 25 January 2006 (4). Thisexpiry review is still on-going.


The request pursuant to Article 11(3) is based on the primafacie evidence, provided by the applicant, that the circumstanceson the basis of which measures were established have changedand that these changes are of lasting nature.

The applicant alleges and provides prima facie evidence showingthat a comparison between its own costs and export priceswould lead to a reduction of dumping significantly below thelevel of the current measures. Therefore the continued imposi-tion of measures at the existing levels, which were based on thelevel of dumping previously established, is no longer necessaryto offset dumping.




If it is determined that measures should be removed oramended for the applicant, it may be necessary to amend therate of duty currently applicable to imports from otherexporting producers of the product concerned as set out inArticle 1 of Regulation (EC) No 132/2001.

(a) Questionnaires





6. Time limits


All interested parties, if their representations are to be takeninto account during the investigation, must make themselvesknown by contacting the Commission, present their viewsand submit questionnaire replies or any other informationwithin 40 days of the date of publication of this notice inthe Official Journal of the European Union, unless otherwisespecified. Attention is drawn to the fact that the exercise ofmost procedural rights set out in the basic Regulationdepends on the party's making itself known within theaforementioned period.



(2) OJ L 23, 25.1.2001, p.1.(3) OJ L 160, 23.6.2005, p. 1.(4) OJ C 18, 25.1.2006, p. 2.

(b) Hearings




Commission address for correspondence:European CommissionDirectorate General for TradeDirectorate BOffice: J-79 5/16B-1049 BrusselsFax (32-2) 295 65 05

8. Non-co-operation




The investigation will be concluded, according to Article 11(5)of the basic Regulation within 15 months of the date of thepublication of this notice in the Official Journal of the EuropeanUnion.



List of third countries recognised under the procedure laid down in Article 18(3) of Directive2001/25/EC on the minimum level of training of seafarers (1)

(Situation on 20 November 2006)


(2006/C 311/15)

Member States Third Countries

Greece Serbia & Montenegro

Belgium Hong KongCanadaSouth AfricaBulgariaUkraineMalaysiaIndiaNew ZealandRomaniaUSAArgentina

Italy BrazilArgentinaCuba

United Kingdom Slovenia

Danemark ArgentinaBrazilNew Zealand

Luxembourg ArgentinaSenegalCanadaAustraliaHong-KongSingaporeMalaisia

Sweden Russia


(1) OJ L 136, 18.5.2001, p. 17. Directive as amended by Directive 2003/103/EC (OJ L 326, 13.12.2003, p. 28).

Prior notification of a concentration

(Case COMP/M.4520 — Industri Kapital/Attendo)

Candidate case for simplified procedure


(2006/C 311/16)

1. On 8 December 2006, the Commission received a notification of a proposed concentration pursuantto Article 4 of Council Regulation (EC) No 139/2004 (1) by which Industri Kapital (the Netherlands) acquireswithin the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertakingAttendo Group AB (‘Attendo’, Sweden) by way of purchase of shares.

2. The business activities of the undertakings concerned are:

— for undertaking Industri Kapital: a private investment firm;

— for undertaking Attendo: a service provider of care to elderly and disabled persons, children and youth.

3. On preliminary examination, the Commission finds that the notified transaction could fall within thescope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant tothe Commission Notice on a simplified procedure for treatment of certain concentrations under CouncilRegulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under theprocedure set out in the Notice.

4. The Commission invites interested third parties to submit their possible observations on the proposedoperation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication.Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, underreference number COMP/M.4520 — Industri Kapital/Attendo, to the following address:

European CommissionDirectorate-General for CompetitionMerger RegistryJ-70B-1049 Bruxelles/Brussel


(1) OJ L 24, 29.1.2004, p. 1.(2) OJ C 56, 5.3.2005, p. 32.

Corresponding values of the thresholds of Directives 2004/17/EC and 2004/18/EC of the EuropeanParliament and of the Council

(2006/C 311/17)

The corresponding values in the national currencies of Bulgaria and Romania of the thresholds of Directives2004/17/EC and 2004/18/EC, as last amended by Commission Regulation (EC) No 2083/2005 (1), are thefollowing:

EUR 80 000 BGN Bulgarian Lev 156 268

RON new Romanian Leu 311 233






RON new Romanian Leu 1 641 756

EUR 1 000 000 BGN Bulgarian Lev 1 953 348


EUR 5 278 000 BGN Bulgarian Lev 10 309 773



(1) OJ L 333, 20.12.2005, p. 28.

Non-opposition to a notified concentration

(Case COMP/M.4433 — RREEF/Peel Ports Holdings/Peel Ports)


(2006/C 311/18)

On 11 December 2006, the Commission decided not to oppose the above notified concentration and todeclare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regu-lation (EC) No 139/2004. The full text of the decision is available only in English and will be made publicafter it is cleared of any business secrets it may contain. It will be available:

— from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). Thiswebsite provides various facilities to help locate individual merger decisions, including company, casenumber, date and sectoral indexes,

— in electronic form on the EUR-Lex website under document number 32006M4433. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu)


THE EUROPEAN ANTI-FRAUD OFFICE (OLAF)

RULES OF PROCEDURE OF THE OLAF SUPERVISORY COMMITTEE

(2006/C 311/19)

THE SUPERVISORY COMMITTEE,

Having regard to Article 11(6) of Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May1999 concerning investigations conducted by the EuropeanAnti-Fraud Office (OLAF) (1),

Having regard to Article 11(6) of Regulation (Euratom) No1074/1999 of the European Parliament and of the Council of25 May 1999 concerning investigations conducted by the Euro-pean Anti-Fraud Office (OLAF) (2),

HAS ADOPTED THE FOLLOWING RULES OF PROCEDURE:

TITLE I

ROLE AND RESPONSIBILITIES OF THE SUPERVISORYCOMMITTEE

Article 1

Tasks

The Supervisory Committee of the European Anti-Fraud Office(OLAF) shall carry out the tasks laid down in Regulation (EC)No 1073/1999 and Regulation (Euratom) No 1074/1999.

Article 2

Powers

1. In performing its tasks, the Supervisory Committee shallexercise the powers laid down in Regulation (EC) No 1073/1999 and Regulation (Euratom) No 1074/1999 and otherapplicable provisions.

2. In particular, in order to conduct regular monitoring ofthe implementation of the investigative function of OLAF, theSupervisory Committee may, in conjunction with OLAF, estab-lish arrangements setting out detailed rules on such monitoring.Such arrangements shall also set out mechanisms for the confi-dential treatment of information and documents provided byOLAF and other matters of common interest.

3. The Supervisory Committee shall take appropriate deci-sions on the information forwarded to it by the Director-General of OLAF, in accordance with Article 11(7) of Regu-lation (EC) No 1073/1999 and Article 11(7) of Regulation(Euratom) No 1074/1999.

4. The Supervisory Committee shall exercise its powers inaccordance with the provisions of Title III.

TITLE II

COMPOSITION AND OPERATION

Article 3

Composition

1. The composition and method of appointment and theterm of office of members of the Supervisory Committee arelaid down in Regulation (EC) No 1073/1999 and Regulation(Euratom) No 1074/1999.

2. Where a member of the Supervisory Committee isprevented from serving on the Committee or resigns his seat, heshall notify the chairman of the Committee accordingly so thatappropriate measures can be taken.

Article 4

Ethics

1. In accordance with Article 11(5) of Regulation (EC)No 1073/1999 and Article 11(5) of Regulation (Euratom)No 1074/1999, in carrying out their duties, the members of theSupervisory Committee shall neither seek nor take instructionsfrom any government or any institution, body, office or agency.

2. Likewise, as provided for in the Decision on their appoint-ment, they shall not deal with a matter in which, directly orindirectly, they have any personal interest such as to impairtheir independence, and, in particular, any family or financialinterests.

They shall treat the files submitted to them and their delibera-tions concerning them in strict secrecy.

3. The members of the Supervisory Committee shall informit of any situation liable to compromise any of the principlesgoverning its activity as referred to in paragraphs 1 and 2 sothat the Committee may take appropriate measures.

Article 5

Chairmanship

1. The Supervisory Committee shall elect a chairman fromamong its members by a majority of its members.


(1) OJ L 136, 31.5.1999, p. 1.(2) OJ L 136, 31.5.1999, p. 8.

2. The chairman shall be elected for a term of one year andmay be re-elected. The election shall be held at the last meetingchaired by the outgoing chairman.

3. Where the chairman is prevented for any reason fromperforming his duties over a long period, he shall inform theCommittee members of his situation. In that event, a newchairman shall be elected by the procedure set out in para-graph 1.

4. The chairman shall represent the Supervisory Committeeand chair its meetings. He shall ensure that its proceedings areproperly conducted. The chairman shall convene Committeemeetings and determine where, on what date and at what timethey shall take place. He shall draw up the draft agenda andensure that the decisions of the Committee are implemented.

5. Where he is temporarily unable to perform his duties, thechairman may request a Committee member to deputise forhim.

6. If the chairman is absent and the procedure referred to inparagraph 5 has not been employed, the office of chairmanshall be exercised by the oldest member.

7. The chairman shall have full power to send or reply toletters concerning Supervisory Committee activities. Thechairman shall inform Committee members of the letters whichhe has received or to which he has replied.

Article 6

Meetings

1. The Supervisory Committee shall exercise its powers whenmeeting as a body. It shall meet at least ten times per year. Itshall be quorate only if the majority of its members are present.It shall also meet on the initiative of the chairman or at therequest of a majority of its members.

2. Other than in cases which the chairman considers urgent,notices of meetings shall be sent in sufficient time to reach therecipients at least one week before the meeting in question. Thenotice shall include the draft agenda and the documentsrequired for the meeting, unless the nature of the documents issuch that they cannot be attached. The final agenda shall beadopted at the beginning of each meeting.

3. Any member may request the chairman to place items orspecific matters on the draft agenda or add such items thereto.

4. At the request of the Director-General of OLAF, thechairman may convene the Supervisory Committee or placeitems on the agenda. The proposals of the Director-Generalshall be accompanied by the necessary documents.

5. The Supervisory Committee may invite the Director-General of OLAF to take part in meetings and activitiesconnected with its work. Other members of OLAF may beinvited to take part in a meeting of the Committee if theirpresence is deemed necessary. Such invitations shall be madethrough the Director-General of OLAF.

The Director-General of OLAF shall be informed of items onthe agenda relating to participation by the persons referred to inthe first subparagraph.

6. Any representative of the institutions, bodies, offices oragencies of the Communities, Member States or associatedStates may be invited to participate in the Supervisory Commit-tee's work relating to a particular item on the meeting's agenda.

Article 7

Working methods

1. Meetings of the Supervisory Committee shall not be heldin public. Its proceedings and the Committee's internal docu-ments on which they are based shall be confidential, unless theCommittee decides otherwise.

Documents and information submitted by the Director-Generalof OLAF shall be subject to the provisions of Article 287 of theEC Treaty on the protection of confidentiality, of Article 8 ofRegulation (EC) No 1073/1999 and of Article 8 of Regulation(Euratom) No 1074/1999.

2. The Supervisory Committee shall adopt a maximum ofthree working languages. Documents and draft opinions, reportsor decisions shall be drawn up in the working languagesadopted by the Committee. Where necessary, a member mayrequest that any document be translated into his own language.

3. Opinions, reports and decisions shall be adopted at meet-ings of the Supervisory Committee in plenary session.

4. However, by way of exception to that principle, certaindecisions may be taken by written procedure where the Supervi-sory Committee has approved the use of such a procedure at anearlier meeting.

In urgent cases, the chairman may consult members of theCommittee in writing.

In either of those cases, he shall forward a draft decision to theCommittee members. If the members raise no objections to thedraft decision within a time-limit to be specified by thechairman, namely five working days following receipt of theproposal, the proposal shall be deemed to have been adopted. If,within five working days of receipt of the draft decision, amember requests that it be discussed by the Committee, thewritten procedure shall be suspended.

Article 8

Rapporteurs

1. To prepare for its discussions or proceedings, the Supervi-sory Committee, on a proposal by the chairman, may appointone or more rapporteurs from among its members.

2. If the matter to be dealt with is urgent, the chairman maymake the appointment on his own initiative. In that event, heshall inform the Committee members forthwith.

3. The rapporteur shall consider matters entrusted to hisresponsibility and submit a draft report to the SupervisoryCommittee. Where necessary, he shall be assisted by theCommittee secretariat.


Article 9

Checks, studies, and expert advice

Within the scope of its powers, the Supervisory Committee maycarry out appropriate checks, conduct any study or obtain anynecessary expert advice. It may also request the assistance ofofficials or other servants of OLAF or of the institutions, bodies,offices or agencies of the Communities, Member States or asso-ciated States.

Article 10

Voting procedure

1. Decisions shall be taken by a majority of the members ofthe Supervisory Committee on a proposal by the chairman.

2. On a proposal by a member, a vote may be taken bysecret ballot.

Article 11

Minutes

1. Minutes shall be taken of every Supervisory Committeemeeting. They shall be drawn up in the Committee's workinglanguages.

2. The draft minutes shall be drawn up by the secretariatunder the supervision of the chairman and submitted to themembers of the Supervisory Committee with a view to theirapproval at its next meeting.

3. Any member may propose at the time of approval thatthe minutes be amended. Members may likewise request thatany written statements or documents deemed useful be attachedto the minutes.

4. Once the minutes have been adopted, the chairman andthe person responsible for the secretariat shall sign them andthey shall be archived in the records of the Committee secre-tariat. The minutes may be made public if the Committee sodecides.

Article 12

Secretariat

1. In accordance with Article 11(6) of Regulation (EC)No 1073/1999 and Article 11(6) of Regulation (Euratom)No 1074/1999, the Supervisory Committee shall have a secre-tariat to assist it in the performance of its duties.

2. The Supervisory Committee shall inform the Director-General of OLAF of the secretariat's needs as regards suitablestaff and resources to ensure the performance of the Commit-tee's duties and to guarantee the continuity of its work.

3. Secretariat staff shall be required to treat as confidentialinformation which comes to their knowledge. They shall remainbound by that obligation after leaving the service. If the Supervi-sory Committee becomes aware that a member of the secretariathas infringed the obligation to respect confidentiality, thechairman shall notify the Director-General of OLAF so thatappropriate action may be taken.

4. The secretariat shall contribute to the efficient perfor-mance of the tasks assigned to the Supervisory Committee witha view to reinforcing OLAF's independence. It shall in thatrespect assist the chairman in the preparations for and theconduct of meetings. It shall draw up a draft agenda for eachmeeting, draw up draft minutes of meetings, supply Committeemembers with information and documents relating to everysphere of their activities, assist, under the chairman's direction,in the drafting of texts, and assist Committee members, espe-cially when they act as rapporteurs. For that purpose, membersof the secretariat shall attend meetings as necessary with rappor-teurs in order to carry out those tasks.

TITLE III

EXERCISE OF POWERS

Article 13

Action to be taken on information supplied by theDirector-General

1. The Supervisory Committee, after examining theprogramme of activities forwarded to it by the Director-Generalof OLAF each year, may deliver an opinion setting out relevantcomments on any area that falls within its remit.

It shall also study the information sent to it regularly by theDirector-General concerning OLAF's activities, and shall deliveropinions on that information in conformity with the secondsubparagraph of Article 11(1) of Regulation (EC) No 1073/1999 and the second subparagraph of Article 11(1) of Regu-lation (Euratom) No 1074/1999.

2. In accordance with Article 11(7) of Regulation (EC)No 1073/1999 and Article 11(7) of Regulation (Euratom)No 1074/1999, the Supervisory Committee shall be kept regu-larly informed of OLAF's investigations, the results thereof andthe action taken on them. The Committee may make appro-priate comments without, however, interfering with the conductof investigations in progress.

3. The Supervisory Committee shall examine the reasonswhy it has not been possible to wind up an investigation thathas been in progress for more than nine months and shall alsoexamine the expected time for completion.

4. The Committee shall examine cases where an institution,body, office or agency has failed to act on the recommendationsmade by the Director-General. It shall at the same time considersituations in which the work of OLAF investigators has beenobstructed, delayed or prevented, with a view to taking appro-priate action.

5. Cases requiring information to be forwarded to the judicialauthorities of a Member State shall be examined on the basis ofthe information provided by the Director-General of OLAF andin accordance with Regulation (EC) No 1073/1999 and Regu-lation (Euratom) No 1074/1999. Follow-up shall also be carriedout on this basis.

6. While assisting the Director-General of OLAF in dischar-ging his responsibilities, the Supervisory Committee may deliveropinions on OLAF's contribution to the design and develop-ment of methods of fighting fraud and other illegal activityaffecting the financial interests of the Communities.


Article 14

Activity report

1. In accordance with Article 11(8) of Regulation (EC)No 1073/1999 and Article 11(8) of Regulation(Euratom) No 1074/1999, the Supervisory Committee shalladopt at least one report on its activities per year and send it tothe institutions. The report shall cover the activities pursued inthe exercise of the Committee's powers and contain an assess-ment of OLAF's activities and the implementation of its annualprogramme.

2. The report shall be drawn up during the first half of eachyear in respect of the preceding year and shall be submitted tothe Committee by one or more rapporteurs.

3. It may include an annex listing the opinions delivered bythe Committee.

It may also be accompanied by any reports which theCommittee has submitted, pursuant to Article 11(8) of Regu-lation (EC) No 1073/1999 or Article 11(8) of Regulation(Euratom) No 1074/1999, to the European Parliament, theCouncil, the Commission and the Court of Auditors on theresults of the OLAF's investigations and the action takenthereon.

4. The Supervisory Committee shall take the necessary stepsto have its activity report published in the Official Journal of theEuropean Union, after sending it to the European Parliament, theCouncil and the Commission.

Article 15

Opinion procedure for appointment of the Director-General

1. After examining the applications for the post of Director-General of OLAF, the Supervisory Committee shall issue anopinion containing an explanatory statement setting out thecriteria used to assess the candidates' merits.

It shall also contain the opinion of the Committee on the candi-dates, as provided for by Article 12(2) of Regulation (EC)No 1073/1999 and Article 12(2) of Regulation (Euratom) No1074/1999.

2. If no candidate has been given a favourable opinion, thechairman shall inform the Commission that the Committee hasvoted against the applications submitted.

Article 16

Disciplinary procedure applicable to the Director-General

Where it has been consulted in accordance with Article 12(4) ofRegulation (EC) No 1073/1999 or Article 12(4) of Regulation(Euratom) No 1074/1999, the Supervisory Committee shallissue a reasoned opinion.

Article 17

Confidentiality and processing of personal data

1. The Supervisory Committee shall ensure that Article 8 ofRegulation (EC) No 1073/1999 and Article 8 of Regulation(Euratom) No 1074/1999 are applied.

2. Acting on its own initiative or on the initiative of theDirector-General of OLAF, the Supervisory Committee maydecide to deliver an opinion.

Article 18

Budget

1. The Supervisory Committee shall deliver an opinion onthe preliminary draft budget submitted by the Director-Generalof OLAF and addressed to the Commission's Directorate-Generalfor Budgets.

2. The secretariat shall draw up annual budget proposals forthe operating purposes of the Supervisory Committee, whichshall be forwarded to the Director-General after they have beenapproved by the Committee.

TITLE IV

TRANSITIONAL AND FINAL PROVISIONS

Article 19

Review and amendment of the Rules of Procedure

1. These Rules of Procedure shall be reviewed by the Supervi-sory Committee within one year of their entry into force.

2. Any member of the Committee may propose amendmentsat any time and submit them in writing to the chairman.Amendments shall be put to the vote at the first meetingfollowing their submission, in accordance with the voting proce-dure set out in Article 10.

Article 20

Entry into force and publication of the Rules of Procedure

1. These Rules of Procedure shall enter into force on the dayfollowing their adoption by the Supervisory Committee. TheseRules of Procedure replace the former Rules of Procedurepublished in the Official Journal of the European Communitiesin 2000 (1).

2. After they have been adopted, the Supervisory Committeeshall take the necessary steps to have them published in theOfficial Journal of the European Union.

Done at Brussels, 24 August 2006.

For the OLAF Supervisory Committee

The ChairmanRosalind WRIGHT


(1) OJ L 41, 15.2.2000.

Official Journal C311 - EUR-Lex - European Union

Documents

Transcript of Official Journal C311 - EUR-Lex - European Union