jurisdiction: EU

text:
 15 . 11.85 Official Journal of the European Communities 425
 3 . The Kingdom of Spain shall accede to the Munich tioned reserve is not obtained, the Kingdom of Spain
 Convention of 5 October 1973 on the European patent may rely upon Article 174 of the Munich Convention ,
 within the required time limits so as to allow it to it being understood that the Kingdom of Spain will , in
 invoke the provisions of Article 167 of the said Con any event, accede to that Convention not later than
 vention solely for chemical and pharmaceutical prod 7 October 1992.
 ucts .
 In this context and taking account of the fulfilment of 4. On the expiry of the abovementioned derogation ,
 the undertaking entered into by the Kingdom of Spain the Kingdom of Spain shall accede to the Luxembourg
 under paragraph 1 , the Member States of the Com Convention on the Community patent.
 munity in their capacity as Contracting States to the
 Munich Convention undertake to use their best endea The Kingdom of Spain may invoke Article 95 (4) of the
 vours to ensure, should a request be submitted by the said Convention with a view to introducing the purely
 Kingdom of Spain in accordance with that Conven technical adaptations made necessary by its accession
 tion, an extension — beyond 7 October 1987 and for to the said Convention, it being however understood
 the maximum period laid down in the Munich Conven that such an invocation will in no way delay the acces
 tion — of the validity of the reserve laid down in the sion of the Kingdom of Spain to the Luxembourg Con
 said Article 167 . If the extension of the abovemen vention beyond the abovementioned date.
 Protocol 9
 on trade in textile products between Spain and the Community as at present constituted
 Article I Article 4
 The Kingdom of Spain shall , under the conditions laid The Commission and the competent authorities of the
 down in Articles 2 , 3 and 4, control until 3 1 December Kingdom of Spain shall enter into, if the situation so
 1989 exports to the present Member States of the prod requires, appropriate consultations in order to avoid
 ucts indicated in the list appearing in Annex A, on the situations arising which would necessitate recourse to
 basis of the quantities set out in that list. protective measures.
 Article 5
 Article 2 1 . If the quantities indicated in Annex A are reached,
 or if sudden and substantial variations as compared
 with traditional trade flows are recorded with regard to
 The Community and the Kingdom of Spain shall estab
 lish, for such time as Article 1 is applicable, administra the import into the present Member States of the prod
 ucts listed in Annex B ( I ), the Commission shall deter
 tive cooperation under the conditions defined in
 Annex B. mine, at the request of the Member State concerned
 and following the emergency procedure laid down in
 Article 379 (2) of the Act, such protective measures as it
 deems necessary .
 2. If sudden and substantial variations as compared
 Article 3 with traditional trade flows are recorded with regard to
 the import into Spain of the products listed in
 After prior notification to the Commission, the King Annex B (9), the Commission shall determine at the
 dom of Spain may apply to its exports to the present request of the Kingdom of Spain and following the
 Member States of the products indicated in the list emergency procedure laid down in Article 379 (2) of
 appearing in Annex A the flexibility provisions laid the Act, such protective measures as it deems neces
 down in Annex C. sary .
 ---pagebreak--- ANNEX A 426
 List provided for in Article 1
 Description Unit 1986 1987 1988 1989
 5, Cotton yarn, not put up for retail sale Tonnes 23 791 26 408 29 841 34317
 1,
 5,
 2,
 Men's and boys' outer garments: 1 000 pieces 9 623 10 682 12 071 13 881
 Women's, girls' and infants' outer garments:
 B. Other:
 , Men's and boys' woven breeches, shorts and trousers (including
 slacks); women's, girls' and infants' woven trousers and slacks, of
 wool, of cotton or of man-made textile fibres
 Under garments, knitted or crocheted, not elastic or rubberized: 1 000 pieces j 48 287 53 599 60 567 69 652
 Men's and boys' underpants and briefs, women's, girls' and in-
 fants' (other than babies') knickers and briefs, knitted or crochet-
 5 ed, not elastic or rubberized, of cotton or synthetic textile fibres
 Official Journal of the European Communities
 Bed linen, table linen, toilet linen and kitchen linen; curtains and Tonnes 1 837 2 039 2 304 2 650
 other furnishing articles:
 B. Other:
 Bed linen, woven
 Yarn of man-made fibres (discontinuous or waste), not put up for re- Tonnes 3 958 4 393 4 964 5 709
 tail sale:
 A. Of synthetic textile fibres:
 9, Yarn of discontinuous or waste synthetic fibres, not put up for re-
 3, tail sale
 8,
 7
 15.11.85
 ---pagebreak--- 15 . 11. 85 Official Journal of the European Communities 427
 ANNEX B
 Administrative cooperation provided for in Article 2
 EXPORTS OF TEXTILE PRODUCTS ORIGINATING IN SPAIN
 1 . List of products subject to administrative cooperation arrangements :
 NIMEXE code
 Category CCT heading No ( 1985) Description Unit
 1 55.05 55.05-13,19,21,25,27,29, Cotton yarn, not put up for retail sale Tonnes
 33,35,37,41,45,46,48,51 ,
 53, 55, 57,61,65,67, 69, 72,
 78,81,83,85,87
 2 55.09 Other woven fabrics of cotton : Tonnes
 55.09-03 , 04, 05, 06, 07 , 08, Woven fabrics of cotton, other than gauze, terry
 09,10,11,12,13,14,15,16, fabrics, narrow woven fabrics, pile fabrics, chen
 17, 19,21,29, 32,34,35, 37, ille fabrics, tulle and other net fabrics :
 38, 39,41,49,51,52, 53, 54,
 55, 56, 57,59,61,63,64, 65,
 66,67,68,69, 70,71,73,75,
 76,77,78, 79, 80,81,82, 83,
 84,85,87, 88, 89,90,91,92,
 93,98,99
 55.09-06,07, 08, 09,51,52, a) Of which other than unbleached or bleached
 53, 54, 55, 56, 57, 59,61,63,
 64, 65,66,67, 70,71,73, 83,
 84,85, 87, 88, 89, 90,91,92,
 93, 98, 99
 3 56.07 Woven fabrics of man-made fibres (discontinuous Tonnes
 A or waste):
 A. Of synthetic textile fibres :
 56.07-01,04,05,07,08,10, Woven fabrics of synthetic fibres (discontinuous
 12, 15 , 19,20,22, 25,29,30, or waste) other than narrow woven fabrics, pile
 31,35,38, 39,40,41,43,45, fabrics (including terry fabrics) and chenille fa
 46,47,49 brics :
 56.07-01,05,07,08,12, 15, a) Of which other than unbleached or bleached
 19, 22,25, 29,31,35,38,40,
 41,43, 46,47,49
 4 60.04 Under garments, knitted or crocheted, not elastic or 1 000 pieces
 B I rubberized :
 II a)
 b)
 60.04-19, 20, 22, 23, 24, 26, Shirts, T-shirts, lightweight fine knit roll , polo or
 41,50, 58,71,79, 89 turtle-neck jumpers and pullovers, undervests
 c) and the like, knitted or crocheted, not elastic or
 IV b) 1 aa)
 rubberized, other than babies' garments, of cot
 dd)
 ton or synthetic textile fibres ; T-shirts and light
 2 ee)
 weight fine knit roll, polo or turtle-neck jumpers
 d) 1 aa)
 and pullovers, of regenerated textile fibres, other
 dd) than babies' garments
 2 dd)
 5 60.05 Outer garments and other articles, knitted or cro 1 000 pieces
 AI cheted, not elastic or rubberized :
 II b) 4 bb) 1 1 aaa) A. Outer garments and clothing accessories :
 bbb)
 ccc)
 ddd)
 eee)
 ---pagebreak--- 428 Official Journal of the European Communities 15 . 1 . 85
 NIMEXE code
 Category CCT heading No ( 1985) Description Unit
 22 bbb) 60.05-01,31,33,34,35,36, Jerseys, pullovers, slip-overs, waistcoats, twin
 ccc) 39,40,41,42,43 sets, cardigans, bedjackets and jumpers, knitted
 ddd) or crocheted, not elastic or rubberized, of wool,
 eee) of cotton or of man-made textile fibres
 fff)
 6 61.01 Men's and boys' outer garments : 1 000 pieces
 B Vd) 1
 2
 3
 e) 1
 2
 3
 61.02 Women 's, girls' and infants' outer garments :
 B II e)6aa) B. Other :
 bb)
 cc)
 61.01-62,64, 66, 72, 74, 76 Men's and boys' woven breeches, shorts and
 trousers (including slacks); women's, girls' and
 61.02-66, 68,72 infants ' woven trousers and slacks, of wool, of
 cotton or of man-made textile fibres
 13 60.04 Under garments, knitted or crocheted, not elastic or 1 000 pices
 B IV b) 1 cc) rubberized :
 2 dd) 60.04-48, 56,75,85 Men 's and boys' underpants and briefs, wom
 d) 1 cc)
 en's , girls ' and infants' (other than babies')
 2 cc) knickers and briefs, knitted or crocheted, not
 elastic or rubberized , of cotton or synthetic tex
 tile fibres
 20 62.02 Bed linen, table linen, toilet linen and kitchen linen ; Tonnes
 B I a) curtains and other furnishing articles :
 c) B. Other :
 62.02-12, 13 , 19 Bed linen, woven
 22 56.05 Yarn of man-made fibres (discontinuous or waste), Tonnes
 A not put up for retail sale :
 A. Of synthetic textile fibres :
 56.05-03,05,07,09 , 11 , 13 , Yarn of discontinuous or waste synthetic fibres,
 15, 19,21,23,25, 28,32,34, not put up for retail sale :
 36, 38, 39, 42, 44, 45, 46, 47
 56.05-21,23,25, 28,32, 34, a) Of which acrylic
 36
 23 56.05 Yarn of man-made fibres (discontinuous or waste), Tonnes
 B not put up for retail sale :
 B. Of regenerated textile fibres :
 56.05-51,55,61,65,71,75, Yarn of discontinuous or waste regenerated
 81,85,91,95, 99 fibres, not put up for retail sale
 ---pagebreak--- 15 . 11.85 Official Journal of the European Communities 429
 2. The Spanish competent authorities shall issue an The declaration or request of the importer shall indi
 export licence for any export of textile products of the cate :
 categories, tariff headings and NIMEXE codes referred
 to in point 1 originating in Spain and intended to be (a) the name and address of the importer and exporter ;
 sent to the present Member States with a view to their (b) the description of the product, indicating :
 definitive import. — the trade designation,
 — the category number of the product indicated
 3. On sight of the export licence referred to in point 2, in column 1 of the list appearing in point 1 ,
 the Spanish competent authorities shall issue export
 licence certificates . — the tariff heading or reference number of the
 nomenclature of goods of the national statis
 These certificates shall contain in particular the details tics of foreign trade,
 which must appear on the importer's declaration or — the country of origin ;
 request referred to in point 6. (c) the indication of the product in the unit appearing
 in column 5 of the list appearing in point 1 ;
 4. The Spanish competent authorities shall notify the
 Commission within the first 10 days of each quarter, (d) the date or dates laid down for import.
 broken down by Member State and product category,
 of: The importing Member State may request further
 datails ; this must not however result in any barrier to
 (a) the quantities for which export certificates have imports.
 been issued during the preceding quarter ;
 (b) the exports made during the quarter preceding the This point shall not prevent the definitive import of the
 period referred to in (a). products in question if the quantity of products entered
 for import exceeds in toto by less than 5 %, the quantity
 5. The Spanish competent authorities shall also notify mentioned in the import document.
 on a quarterly basis the Commission and the compe
 tent authorities of the present Member States of the 7 . Where a requested import document concerns a
 serial numbers of the export licence certificates that quantity less than the quantity indicated in the export
 have expired and any other information they may con licence certificate, that certificate shall be returned to
 sider relevant to the matter. the importer with a note on the back stating the quant
 ity for which an import document was issued.
 6. The definitive import into a present Member State
 of products covered by the present administrative 8. The present Member States shall notify the Com
 cooperation shall be subject to the submission of an mission within the first 10 days of each quarter, broken
 import document. This document shall be issued or down by product category, of:
 endorsed by a competent authority of the importing (a) the quantities for which the import documents
 Member State, free of charge, for all the quantities have been issued or endorsed during the preceding
 requested, within a maximum periqd of five working quarter ;
 days after lodging, in accordance with the national
 laws in force, either a declaration, or simply a request, (b) the imports made during the quarter preceding the
 by any importer from the Member States regardless of period referred to in (a).
 where he is established in the Community. This import
 document shall only be issued or endorsed on the sight 10. Import into Spain of the products referred to in
 of an export licence certificate issued by the Spanish point 9 originating in the Member States shall be sub
 competent authorities. ject to the submission of an import document. This
 IMPORTS INTO SPAIN OF TEXTILE PRODUCTS ORIGINATING IN THE COMMUNITY
 9. List of products subject to administrative cooperation arrangements :
 NIMEXE code
 CCT heading No ( 1985 )
 Description Unit
 55.05 55.05-13, 19,21,25, 27, 29, Cotton yam , not put up for retail sale Tonnes
 33,35,37,41,45,46, 48,51 ,
 53,55,57,61,65,67,69,72,
 78,81,83,85, 87
 55.06 55.06-10, 90 Cotton yarn , put up for retail sale
 L
 ---pagebreak--- 430 Official Journal of the European Communities 15 . 11.85
 NIMEXE code
 CCT heading No Description Unit
 ( 1985)
 55.09 Other woven fabrics of cotton : Tonnes
 55.09-03, 04, 05, 06, 07 , 08, Woven fabrics of cotton, other than gauze, terry fabrics, nar
 09,10,11,12,13,14,15,16, row woven fabrics, pile fabrics, chenille fabrics, tulle and
 17, 19,21,29,32, 34,35,37 , other net fabrics
 38,39,41,49,51,52,53,54,
 55, 56, 57,59,61,63,64, 65 ,
 66,67,68,69,70,71,73,75 ,
 76, 77, 78,79, 80,81,82, 83 ,
 84,85,87,88, 89, 90,91,92,
 93,98, 99
 ex 62.02 ex 62.02-09 Net curtains, other than knitted or crocheted, of cotton Tonnes
 All
 62.02 62.02-12 , 13,40,42,44,46, Bed linen , table linen, toilet linen and kitchen linen, other than
 B I a) 51,59,71,72, 74 knitted or crocheted, of cotton
 II a)
 Ilia)
 62.02 62.02-83 , 85 Curtains and furnishing articles , other than knitted or crocheted
 B IV a) of cotton
 62.03 62.03-11 , 13 , 15, 17,20,30, Sacks and bags, of a kind used for the packing of goods, other
 40,51,59,97, 98 than knitted or crocheted
 62.05 62.05-20 Floor cloths, dishcloths, dusters and the like, other than knitted or
 C crocheted
 ex 62.05 ex 62.05-01 Other made up articles, other than knitted or crocheted, of cotton,
 A including dress patterns
 ex 62.05 ex 62.05-10
 B
 ex 62.05 ex 62.05-93
 E ex 62.05-95
 ex 62.05-99
 document shall be issued or endorsed by the Spanish (d) the date or dates laid down for import.
 competent authority, free of charge, for all the quanti
 ties requested, within a maximum period of five work The Kingdom of Spain may request further details ; this
 ing days after lodging, in accordance with the national must not however result in any barrier to imports.
 laws in force, either a declaration, or simply a request,
 by any importer from the Member States regardless of This point shall not prevent the definitive import of the
 where he is established in the Community . products in question if the quantity of products entered
 for import exceeds, in total, by less than 5 %, the quant
 ity mentioned in the import document.
 The declaration or request of the importer shall indi
 cate : 1 1 . The Kingdom of Spain shall notify the Commis
 sion, during the first 10 days of the second quarter fol
 (a) the name and address of the importer and exporter ; lowing the quarter concerned of imports made,
 (b) the description of the product, indicating : expressed in units, indicated in column 4 of the list
 appearing in point 9, broken down by tariff heading,
 — the trade designation, NIMEXE code and Member State of origin.
 — the tariff heading or reference number of the
 nomenclature of goods of the national statis Common provisions
 tics of foreign trade,
 12 . The Commission and the Spanish authorities
 — the country of origin ; shall, at least every quarter, examine their trade and
 (c) the indication of the product in the unit appearing prospects with a view to a thoroughgoing analysis of
 in column 4 of the list appearing in point 9 ; the situation .
 ---pagebreak--- 15 . 11.85 Official Journal of the European Communities 431
 ANNEX C
 Flexibility laid down in Article 3
 The flexibility provisions laid down in Article 3 of this Protocol shall be determined in accordance with
 the following procedure :
 — The carry-over of quantities not utilized during any given year to the corresponding quantities for
 the following year up to 9 % of the quantities concerned for the actual year of application.
 — The advance utilization during any given year of part of the quantities fixed for the following year
 up to 5 % of the quantities concerned for the year of utilization. Such advance exports shall be
 deducted from the corresponding quantities fixed for the following year.
 Protocol 10
 on the restructuring of the Spanish iron and steel industry
 1 . Restructuring plans of Spanish iron and steel 5. Any aid to the Spanish iron and steel industry
 undertakings should lead to a situation where the prod forming part of the additions to the plans provided for
 uction capacity of the Spanish iron and steel industry in point 3 or measures provided for in point 4 shall be
 for ECSC hot-rolled products does not exceed IB mil notified in advance, and not later than the end of the
 lion tonnes at the end of the period referred to in first year after accession, to the Commission by the
 Article 52, and they should be compatible with the last Spanish Government. The said Government shall not
 general steel objectives adopted before the date of implement its projects without authorization from the
 accession . Commission .
 2. From the date of accession, the Commission and The Commission shall assess those projects on the
 the Spanish Government will assess jointly the degree basis of the criteria and in accordance with the proce
 to which the plans, already approved by the Spanish dures defined in the Annex to this Protocol.
 Government and officially forwarded to the Commis
 sion on 24 July and 1 August 1984 have been com 6. During the period mentioned in Article 52 of the
 pleted and the viability of the iron and steel undertak Act of Accession, Spanish deliveries of ECSC iron and
 ings to which those plans relate. steel products to the remainder of the Community
 should fulfil the following conditions :
 3. Should the viability of these undertakings not be (a) The level of Spanish deliveries to the remainder of
 satisfactorily guaranteed at the end of a maximum of the Community during the first year following
 three years after accession, the Commission , after hav accession, shall be that fixed by the Commission
 ing received the opinion of the Spanish Government, after agreement of the Spanish Government and
 shall propose, at the end of the first year after acces consultation of the Council during the year preced
 sion, to make an addition to those plans, thereby ena ing accession . Should no agreement have been
 bling those undertakings to reach a viable state by the reached on this point, by the date of accession, the
 end of those plans . level of deliveries shall be fixed, not later than two
 months after the date of accession, by the Commis
 4. The Commission and the Spanish Government will sion with the assent of the Council.
 also assess, from the date of accession, the viability of These deliveries will in any event have to be liber
 undertakings for which the plans referred to in point 2 alized once the transitional arrangements have
 above make no provision for aid after the date of expired and, in order to bring about a harmonious
 accession. Should the viability of these undertakings transition, their level may be increased before the
 not be satisfactorily guaranteed at the end of a maxi end of the said arrangements, the level of the first
 mum of three years after accession, the Commission, year being considered as a starting point.
 after having received the opinion of the Spanish
 Government, will propose, at the end of the first year Any increase in the level will be made on the basis
 of:
 after accession, restructuring measures thereby enabling
 those undertakings to reach a viable state by the end of — the state of progression of the Spanish restruc
 . the abovementioned period of three years at the latest. turing plans, taking into account significant


type: caselaw

text:
4.5.2002 DE Amtsblatt der Europäischen Gemeinschaften C 109/41
 Streichung der Rechtssache C-115/01 (1) dung des Employment Tribunal in Leeds, Vereinigtes König-
 reich) — P. Breckon und M. Barrett gegen Secretary of State
 (2002/C 109/78) for Employment (Arbeitsminister) — angeordnet.
 (1) ABl. C 173 vom 16.6.2001.
 Mit Beschluss vom 17. Januar 2002 hat der Präsident des
 Gerichtshofes der Europäischen Gemeinschaften die Strei-
 chung der Rechtssache C-115/01 — Kommission der Euro-
 päischen Gemeinschaften gegen Vereinigtes Königreich —
 angeordnet.
 (1) ABl. C 150 vom 19.5.2001. Streichung der Rechtssache C-183/01 (1)
 (2002/C 109/81)
 Mit Beschluss vom 8. Januar 2002 hat der Präsident des
 Streichung der Rechtssache C-127/01 (1) Gerichtshofes der Europäischen Gemeinschaften die Strei-
 chung der Rechtssache C-183/01 — Kommission der Euro-
 (2002/C 109/79) päischen Gemeinschaften gegen Hellenische Republik — ange-
 ordnet.
 Mit Beschluss vom 30. Januar 2002 hat der Präsident des
 Gerichtshofes der Europäischen Gemeinschaften die Strei- (1) ABl. C 200 vom 14.7.2001.
 chung der Rechtssache C-127/01 — Kommission der Euro-
 päischen Gemeinschaften gegen Hellenische Republik — ange-
 ordnet.
 (1) ABl. C 150 vom 19.5.2001.
 Streichung der Rechtssache C-382/01 (1)
 (2002/C 109/82)
 Streichung der Rechtssache C-137/01 (1)
 Mit Beschluss vom 6. Februar 2002 hat der Präsident des
 Gerichtshofes der Europäischen Gemeinschaften die Strei-
 (2002/C 109/80)
 chung der Rechtssache C-382/01 — Kommission der Euro-
 päischen Gemeinschaften gegen Vereinigtes Königreich —
 angeordnet.
 Mit Beschluss vom 16. Januar 2002 hat der Präsident des
 Gerichtshofes der Europäischen Gemeinschaften die Strei-
 chung der Rechtssache C-137/01 (Ersuchen um Vorabentschei- (1) ABl. C 331 vom 24.11.2001.