Where products are subject on export to presentation of an export licence and the competent authorities accept the reexport declaration before deciding on the application for repayment or remission of import duties, an export licence must be produced.

Refusal of an initial application, with a statement of the reasons, shall be decided by the abovementioned director on a proposal from the mail/records service or from the body that is the originator of the document.

The Director may decide to derogate from the provisions in point (ii) and point (iii) if he considers that their strict application would expose the staff member concerned to an injustice or to particular difficulties.

In cases where the central authority receives a request for an exceptional extension to the deadline, it shall inform the mission or post with whom the application is lodged thereof: it shall not decide on the application before having received clear instructions from its central authority.

"4. Member States may decide, on a case-by-case basis if so provided under national law, not to apply this Directive to projects serving national defence purposes, if they deem that such application would have an adverse effect on these purposes.";

The date of submission of an application or notification shall be the date on which it is received by the EC Commission or the EFTA Surveillance Authority, regardless of which of these is competent to decide on the case under Article 56 of the Agreement.

An authority having jurisdiction under Articles 5 to 10 to decide on access may adjourn a proceeding pending the outcome of a request made under paragraph 2, in particular, when it is considering an application to restrict or terminate access rights granted in the State of the child's former habitual residence.

Where an action relates to claims pursuant to Article 98 (4) and the decision depends upon the protectability of the variety pursuant to Article 6, this decision may not be given before the Office has decided on the application for a Community plant variety right.

The Court of First Instance may, on application by the applicant or the defendant, after hearing the other parties and the Advocate General, decide, having regard to the particular urgency and the circumstances of the case, to adjudicate under an expedited procedure.

The Commission shall, after consultation of the Advisory Committee, decide whether and to what extent the application should be granted, or it may decide at any time to initiate an interim review, whereupon the information and findings from such review, carried out in accordance with the provisions applicable for such reviews, shall be used to determine whether and to what extent a refund is justified.

If the central authority decides to refuse an application for which the Contracting Party applied to is responsible, it is not necessary to begin or to continue a consultation procedure with the central authorities of the Contracting Parties which requested to be consulted.

"A Judge, designated for the purpose in the decision adopted by the Court of First Instance in accordance with Article 10, shall replace the President of the Court of First Instance in deciding an application in the event that the President is absent or prevented from dealing with it."

The Council has decided by decision of 19 December 2000 (7) on the signing of an Agreement in the form of an Exchange of Letters between the European Community and Ukraine concerning the extension and amendment of the Agreement between the European Community and Ukraine on trade in textile products and authorising its provisional application.

Where a Member State notes that an application for authorization submitted is already under active examination in another Member State in respect of that veterinary medicinal product, the Member State concerned may decide to suspend the detailed examination of the application in order to await the assessment report prepared by the other Member State in accordance with Article 25(4).

If the Director decides to refuse an application, the grounds for the decision must be given as well as the means of redress that are available, i.e. judicial proceedings and complaints to the Ombudsman under the provisions specified in Article 138e of the Treaty establishing, the European Community.

The Council has decided by decision of 29 June 2000 (3) on the signing of the Agreement in the form of an Exchange of Letters amending the Agreement between the European Community and the Socialist Republic of Vietnam on trade in textile and clothing products, and authorising its provisional application.

This Agreement in the form of an Exchange of Letters should, taking into account the provisions on increases of quotas in 1999, be applied on a provisional basis, pending the completion of procedures required for conclusion, subject to reciprocal provisional application by Ukraine, HAS DECIDED AS FOLLOWS:

no suspension of payments under the first subparagraph of Article 39(2) has been decided, and no decision has been taken by the Commission to embark on an infringement procedure within the meaning of Article 226 of the Treaty concerning the measure(s) that is or are the subject of the application in question.

The Council has decided by decision of 26 February 2001 (10) on the signing of an Agreement in the form of an Exchange of Letters between the European Community and Bosnia and Herzegovina concerning the extension and amendment of the Agreement between the European Community and Bosnia and Herzegovina on trade in textile products and authorising its provisional application.

In particular, on the basis of an application by a Member State and in accordance with the provisions of Article 36, the Commission may decide that an alternative system to VMS may be applied, taking into account the type of monitoring system proposed, the type of fishing vessel or vessels, the area or areas fished, the targeted species and the duration of the fishing trips.

The Council has decided by decision of 23 November 2000 (5) on the signing of an Agreement in the form of an Exchange of Letters between the European Community and the People's Republic of China concerning the extension and amendment of the Agreement between the European Community and the People's Republic of China on trade in textile products and authorising its provisional application.

Should these date of an import declaration not be in accordance with those decided and included by the Brazilian authorities in the Siscomex, applications for import licences are not processed and the importer is asked to contact the local agency of the Foreign Trade Department of the Ministry of Industry, Trade and Tourism (Decex).

The Council has decided by decision of 26 February 2001 (9) on the signing of an Agreement in the form of a Memorandum of Understanding between the European Community and the Democratic Socialist Republic of Sri Lanka on arrangements in the area of market access for textile and clothing products and authorising its provisional application.

Where it is decided to apply an extension for a period exceeding one marketing year, the Member States shall verify in respect of each marketing year that the conditions with regard to representativeness laid down in Article 18(3) of Regulation (EC) No 2200/96 continue to be complied with throughout the period of application of the extension.

However, after the pleadings referred to in Article 40(1) and, as the case may be, in Article 41(1) have been lodged, the Court, acting on a report from the Judge-Rapporteur and after hearing the Advocate-General, and if none of the parties has submitted an application setting out the reasons for which he wishes to be heard, may decide otherwise.

Member States shall take due account of the nature and solidity of the person's family relationships and the duration of his residence in the Member State and of the existence of family, cultural and social ties with his/her country of origin where they reject an application, withdraw or refuse to renew a residence permit or decide to order the removal of the sponsor or members of his family.

After the submission of pleadings as provided for in Article 115(1) and, if any, Article 117(1) and (2) of these Rules, the Court, acting on a report from the Judge-Rapporteur and after hearing the Advocate-General and the parties, may decide to dispense with the oral part of the procedure unless one of the parties submits an application setting out the reasons for which he wishes to be heard.

Without prejudice to Articles 5 to 9, the authorities of a Contracting State exercising jurisdiction to decide upon an application for divorce or legal separation of the parents of a child habitually resident in another Contracting State, or for annulment of their marriage, may, if the law of their State so provides, take measures directed to the protection of the person or property of such child if:

On application by the applicant or the defendant, the President may exceptionally decide, on the basis of a recommendation by the Judge-Rapporteur and after hearing the other party and the Advocate General, that a case is to be determined pursuant to an expedited procedure derogating from the provisions of these Rules, where the particular urgency of the case requires the Court to give its ruling with the minimum of delay.

An oral hearing shall be held in public unless the Committee decides by virtue of its office or on application from one of the parties to exclude the public wholly or partly where the interests of public security, especially on the grounds referred to in Article 19(3) of the Convention, or the protection of the privacy of an individual so require, or to the extent strictly necessary in the opinion of the Committee in special circumstances where publicity would prejudice the proper determination of the appeal.

the Member States may decide that in the 1999/2000 marketing year, forms of producer association existing before the entry into force of this Regulation take the place of their members for all operations relating to the administration of the system of aid for the cultivation of dried grapes if they submit an application for preliminary recognition in accordance with Article 14 of Regulation (EC) No 2200/96 before 15 September 1999;

more than one railway undertaking licensed in accordance with Article 4 of Directive 95/18/EC, or, in the case of Ireland and of Northern Ireland, a railway company so licensed elsewhere, submits an official application to operate competing railway services in, to or from Ireland, Northern Ireland or Greece, the continued applicability of this derogation will be decided upon in accordance with the advisory procedure referred to out in Article 11a(2); or

An application for compensation shall be deemed eligible if it is submitted by a producer who has been allocated a special reference quantity pursuant to Article 1(1) of Regulation (EEC) No 2055/93, or who, pursuant to Article 1(2) of that Regulation, has been allocated a share of a special reference quantity previously allocated by virtue of Article 3a of Regulation (EEC) No 857/84, or an equivalent quantity emanating from the national reserve referred to in Article 5 of Council Regulation (EEC) No 3950/92 of 28 December 1992 establishing an additional levy in the milk and milk products sector (1) where a Member State has decided pursuant to Article 1(2), third subparagraph of Regulation (EEC) No 2055/93 to fulfil the rights of the transferee in that way.

However, after the statements of case or written observations referred to in Article 20 of the EC Statute, Article 21 of the Euratom Statute and Article 103(3) of these Rules have been submitted, the Court, acting on a report from the Judge-Rapporteur, after informing the persons who under the aforementioned provisions are entitled to submit such statements or observations, may, after hearing the Advocate-General, decide otherwise, provided that none of those persons has submitted an application setting out the reasons for which he wishes to be heard.

Where an agreement concluded between the Community and a third country provides for the application of voluntary restraint to exports from that country to the Community, and where the Community decides to propose or to accept that the third country concerned should increase its exports to the Community of the product in question, the decision by the Community shall be taken under the procedure laid down in Article 11 of Council Regulation (EEC) No 1023/70 (1) of 25 May 1970 establishing a common procedure for administering quantitative quotas, due regard being had for:

A Member State may decide that an area aid application need contain only changes with respect to the area aid application submitted the previous year.

A Member State may decide that an 'area' aid application need contain only changes with respect to the 'area' aid application submitted for the previous year.

The Member State concerned shall decide on applications for recognition within 60 days of the date of submission of an application on condition that the requirements of Article 3 are met.

If, in the light of notifications under Article 12(2)(a), an adequate quantity becomes available again, the Commission may decide to reopen the lodging of applications for export licences.

The date of receipt of an application for an exploitation right to be granted by the Office and of delivery of the decision on such application, the names and addresses of the parties to proceedings and the form of order sought, or decided upon, shall be published in the Official Gazette.

Upon receipt of an application transmitted in accordance with Article 6, the deciding authority shall send the following information as soon as possible to the assisting authority and to the applicant:

Where products are subject on export to presentation of an export licence and the competent authorities accept the re-export declaration before deciding on the application for repayment or remission of import duties, an export licence must be produced.

Member States may exclude application of this Article when the asylum seeker is in detention and during the examination of an application for asylum made at the border or within the context of a procedure to decide on the right of the applicant legally to enter the territory of a Member State.

If the procedure for reaching the agreement referred to in paragraph 1 does not enable the authorizing authority to decide on an application, the matter may be referred to the Commission within the time limit of five months calculated from the date of submission of the application by the carrier.

If the procedure for reaching the agreement referred to in paragraph 1 does not enable the authorizing authority to decide on an application, the matter may be referred to the Commission within the time limit laid down in paragraph 3.

Member States may decide, on a case-by-case basis if so provided under national law, not to apply this Directive to projects serving national defence purposes, if they deem that such application would have an adverse effect on these purposes.";

The diplomatic mission or consular post competent to examine a visa application may decide that this requirement has been met where it is established that an adequate level of insurance may be assumed in the light of the applicant's professional situation.

Where the circumstances so warrant, in particular where the applicant maintains a regular flow of exports, the Member States may decide not to require an application for each export operation, on condition that the provisions concerning origin are complied with.

The Commission shall, after consultation of the Advisory Committee, decide whether and to what extent the application should be granted, or it may decide at any time to initiate an interim review, whereupon the information and findings from such review carried out in accordance with the provisions applicable for such reviews, shall be used to determine whether and to what extent a refund is justified.

If a decision at first instance has not been taken within one year of the presentation of an application for asylum and this delay cannot be attributed to the applicant, Member States shall decide the conditions for granting access to the labour market for the applicant.