event that an affirmative determination of dumping and injury is made, the undertaking shall continue consistent with its terms and the provisions of this Agreement.
8.5 Price undertakings may be suggested by the authorities of the importing Member, but
no exporter shall be forced to enter into such undertakings. (...) The decision to accept an undertaking or not under the Agreements is one the investigating authority is to take, and it may reject
an undertaking for various reasons, including reasons of general policy. (...) In addition we note that the text of AD Article 8.3 and SCM Article 18.3 does not
require the authority to examine objectively any undertaking offered. Rather, it
stresses that undertakings offered need not be accepted and that the reasons for rejecting an undertaking may be manifold and include reasons of general policy.
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In the event that an affirmative determination of subsidization and injury is made, the undertaking shall continue consistent with its terms
and the provisions of this Agreement.
18.5 Price undertakings may be suggested by the authorities of the importing
Member, but no exporter shall be forced to enter into such undertakings. (...) The decision to accept an undertaking or not
under the Agreements is one the investigating authority is to take, and it may reject an undertaking for various reasons, including reasons of general policy. (...) In addition we note that the text of AD Article 8.3 and SCM Article 18.3 does not require the authority to examine objectively any undertaking offered. Rather, it
stresses that undertakings offered need not be accepted and that the reasons for
rejecting an undertaking may be manifold and include reasons of general policy.
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(1) Insurance undertakings are incorporated as joint stock undertakings with their main offices in the
Republic of Macedonia under the conditions laid down in this law and the Law on Trade
(2) The name «insurance undertaking » or any words derived from the words « insurance
undertaking » may not be included in the name of a trade company or a legal entity which does not
meet the conditions set forth in the paragraph 1 of this ariticle and may not be entered as such in the
(...) SECTION TWO
(1) Insurance undertaking is a joint stock undertaking with a head office in the Republic of
Macedonia licensed by the Minister of Finance to carry on insurance activities:
(2) Insurance undertakings may be incorporated as:
1) insurance undertakings;
2) reinsurance undertakings;
3) insurance and reinsurance undertakings.
Incorporation of Insurance Undertakings
Legal entities and natural persons may incorporate insurance undertakings.
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Some firms have given undertakings to manufacture in Canada products or components of a product used or sold by the firm.
2.7 Export undertakings. (...) The remaining 84 investors gave 96 export undertakings. (Again some investors gave more than one undertaking relating to exports). (...) Depending on the circumstances, performance of unfulfilled undertakings has so far always been either postponed or waived, or the undertakings have been replaced by revised undertakings.
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Application to Related Undertakings
(1) For the purpose of this Law, related undertakings shall mean two or more undertakings related in such a manner that one undertaking directly or indirectly, legally or factually, exercises decisive influence on business decisions of the other undertaking especially on the grounds of holding majority share in initial capital, majority votes in management bodies, right to appoint more than half of the members of management bodies and the bodies authorized to act as proxies to undertakings, as well as agreements on transfer of management rights and employment contracts.
(2) Pursuant to the paragraph 1 of this Article, two or more related undertakings shall be considered as one undertaking.
(...) Collective Dominance
(1) Two or more independent undertakings united, on the basis of their economic links on the relevant market, in such a way that they act jointly as a single undertaking on that market (collective dominance) may have dominant position.
(2) Collective dominance of two or more undertakings in a relevant market shall be appraised taking into account aggregate market share of those undertakings on the relevant market, market shares of its competitors on the same market, market power of potential competitors and barriers to entry in the relevant market, as well as possible dominant position of the buyer.
(3) Two or more undertakings having aggregate market share exceeding 60% in the relevant market, within the meaning of this Law, shall be considered to have collectively dominant position.
(4) Undertaking referred to in paragraph 3 of this Article has the right to claim not to have collectively dominant position, in which case burden of proof rests on undertaking.
(5) Two or more undertakings having aggregate relevant market share below 60% may be considered collectively dominant, in which case the burden of proof rest on the competent body, that is on claimant.
(...) Chapter 3
Control of concentrations
Concept of Concentration and Forms of Acquiring Control over Undertaking
(1) Concentrations of undertakings shall be deemed to arise in the following situations:
1) establishment of a new undertaking by merger of two or more previously independent undertakings or their parts (merger);
2) when one or more natural persons that already have the control over at least one undertaking, or when one or more undertakings, acquire control over the entire or parts of other undertaking;
3) establishment and joint control by at least two independent undertakings over a new undertaking that performs on a lasting basis all the functions of an autonomous economic entity and has an access to market (joint venture).
(2) The control referred to in paragraph 1, items 2 and 3 of this Article shall be deemed to constitute decisive influence on undertakings’ business activities, on the grounds of granted rights, contracts or any other legal or actual facts, in particular the following:
1) ownership over or disposal with the whole or part of the property of undertaking;
2) contractual authorization or any other grounds enabling decisive influence on composition, activities or decision making of another undertaking.
(3) It shall be considered that the undertaking has acquired control in case of being holder or bearer of rights referred to in paragraph 2 of this Article or in case such rights may be exercised otherwise.
(4) The forms of control referred to in paragraph 2 of this Article shall be assessed separately or in combination, whereas relevant legal and actual facts shall be taken into account but not the intention of interested parties.
(5) Two or more concentrations between the identical undertakings realized in the period of less than two years, shall be deemed to constitute one concentration while the date of occurrence of the last of these concentrations shall be considered as date of establishment of subject concentration.
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BACKGROUND INFORMATION: FAO GLOBAL SYSTEM ON
PLANT GENETIC RESOURCES
(i) Commission on Plant Genetic Resources
(ii) International Undertaking on Plant Genetic
III. RESERVATIONS TO THE UNDERTAKING 7-12
IV. INTERPRETATION ON THE UNDERTAKING, RECOGNITION ON PLANT GENETIC RESOURCES PLANT BREEDERS' AND
FARMERS' RIGHTS 13-15
Appendices 1 - A greed interpretation of the International Undertaking
2 - Draft Resolution on farmers' rights
INTF:RF-'RETATION OF THE INTERNATIONAL UNDERTAKING ON PLANT GENETIC RESOURCES
I. (...) (ii) International Undertaking on Plant Genetic Resources
6. The International Undertaking on Plant Genetic Resources ½as adopted by resolution 8/83 of the FAO Conference in 1983.
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Member States may exclude from the scope of this Directive:
a) undertakings which only operate rail passenger services on local and regional stand-alone railway infrastructure;
b) railway undertakings which only operate urban or suburban rail passenger services;
c) railway undertakings whose activity is limited to the provision of regional rail freight services that are not covered by the scope of Directive 91/440/EEC;
d) undertakings which only carry out freight operations on privately owned railway infrastructure that exists solely for use by the infrastructure owner for its own freight operations.
3. Undertakings the business of which is limited to providing shuttle services for road vehicles through the Channel Tunnel are excluded from the scope of this Directive.
2) Article 2(a) shall be replaced by the following:
a) railway undertaking shall mean any public or private undertaking the principal business of which is to provide services for the transport of goods and/or passengers by rail with a requirement that the undertaking must ensure traction; this also includes undertakings which provide traction only;
3. (...) In addition to the requirements of this Directive, a railway undertaking shall also comply with national law and regulatory provisions which are compatible with Community law and are applied in a non-discriminatory manner, in particular:
a) specific technical and operational requirements for rail services;
b) safety requirements applying to staff, rolling stock and the internal organisation of the undertaking;
c) provisions on health, safety, social conditions and the rights of workers and consumers;
d) requirements applying to all undertakings in the relevant railway sector designed to offer benefits or protection to consumers.
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Adopts the International Undertaking on Plant Genetic Resources
2. (...) Article 11 - Information on the Implementation of this Undertaking
11. At the time of adhering, Governments and institutions will advise the
Director-General of FAO of the extent to which they are in a position to give
effect to the principles contained in the Undertaking. At yearly intervals, they
will provide the Director-General of FAO with information on the measures that
they have taken or propose to take to achieve the objective of this Undertaking.
286. It was further recommended to establish, within the framework of FAO, an
intergovernmental committee or other body open to all governments interested
in the Undertaking, which would, in particular, monitor the operation of the
international arrangements proposed in the Undertaking.
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Interconnection The telecommunications undertakings with significant market power should apply the principle of transparency so that other entities wishing to interconnect should be provided with clearly defined and publicly available criteria followed by SMP undertakings.
(...) Quality of service The undertakings’ offers for the end users as well as for other telecommunications undertakings should be transparent in respect of conditions and quality of service. No undertaking in the wholesale market may be discriminated in terms of the quality of service.
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Art. 35. (1) In implementation of its powers the Commission shall pronounce reasoned decisions.
(2) The decisions referred to in Para 1 are individual or general administrative acts
and shall be subject to appeal pursuant to the provisions of the Administrative Procedure Code before the Supreme Administrative Court.
(3) By decisions the Commission may adopt also normative administrative acts in compliance with its powers.
(4) The general and the normative administrative acts shall be promulgated in the official section of the State Gazette.
(5) The decisions shall be adopted with regular majority of the members of the Commission.
(6) The appeal of the following individual administrative acts does not suspend their execution, unless otherwise instructed by the court:
1. decisions, by which information is required from the undertakings, necessary for analysis of respective markets;
2. decisions for identification and analysis of respective markets, for identification of undertakings with significant market power for imposing of specific obligations to undertakings with significant market power on the respective market;
3. decisions, related to fulfilment of imposed specific obligations to undertakings with significant market power on the respective market;
4. decisions on disputes between undertakings.
(...) Provision of information
Art. 40. (1) The Commission may address to the undertakings, carrying out electronic communications, justified written requests for provision of information, including financial, in relevant amount, terms and details, required for the implementation of its regulatory functions. (...) Art. 48. (1) The Commission on the grounds of the decision of the Council for Electronic Media referred to in Art. 47, Para 2, Item 3 subject to observance of the requirements of this Law and of the procedure, set out in Chapter Five, shall open a competition procedure for selection of an undertaking which may obtain an authorization for usage of individually assigned limited resource – radio-frequency spectrum for implementation of electronic communications through terrestrial digital Dario broadcasting networks.
(2) The undertakings having obtained an authorization under Para 1, shall obligatorily broadcast the programs determined by the Council for Electronic Media under Art. 47, Para 2 for the particular network, for which they are determined.
(3) The undertakings, having obtained an authorization under Para 1, shall broadcast in addition to the programs, determined by the Council for
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