Posts
Wednesday, May 28, 2008
The last day in DIngle
I haven't heard from you all in a while so hopefully you all are doing well. I have still to find anything good in dingle to buy. We have a party tonight at our Irish hosts pub. Then it is off to bed becasue it is a 7:30 bus ride to the airport. Off to London. This trip is like a whirlwind of stuff. I am hoping that things are quiet in London, but they probably won't since I only have a short time there. I won't be writing until Classes again so don't worry about me. I will talk to you all again in Galway.
Tuesday, May 27, 2008
Small Sample of Class Notes
Here is a sampling of 30 min. of class notes.
Customs Duties
· Arts 23-25 (formerly 9-17)
· EEC prohibited customs duties (CDs) or charges of equivalent effect (CEEs)
· Major limitation of national sovereignty
o Internal Taxation is presumed Legal
§ Unless they overstep their bounds
Know the difference between a customs duty and internal taxation?
· Free Trade Area
o Like NAFTA
· Customs Union
o The EU
§ Member states cannot make tariffs on good that come from non member states
· Common Market
o = Customs Union + the 4 Freedoms
· Internal Market
o Common Market changed its name to the internal market
§ I.e. Same set of forms used for each counrty
· Economic and Monetary Union
o Euro
Van Gend en Loos
· Art 23 (12) prohibited imposition of customs duties on imports
· Art 23 “directly effective”
· EEC is a new order in international law
o States limit their sovereign rights in certain fields upon joining EEC
o Community Law imposes rights and obligations on Citizens and M/Ss
o National courts therefore obliged to ensure Art 23(12) is respected
o New in that EU can strike down domestic law
Commission V. Italy (Art Treasures)
· levy on art exports
o Wants to inhibit Italian Artifacts from leaving the country
· “goods” defined (widely)
· CDs / CEEs objectionable because they hinder trade (benign purpose irrelevant)
o The purpose that Italy is tariff the art leaving the country is benign doesn’t matter
S.F.D.B. v SA Ch. Brachfeld (Diamondworkers)
· Levy on diamond imports into Belgium not protectionist or discriminatory
· CDs/CEEs are prohibited independently of purpose…any pecuniary charge (however small) imposed on goods by virtue of crossing border is prohibited
o It doesn’t matter what the charge is called, if it is a charge it is not applicable only to external countries
o Purpose doesn’t matter
§ Customs duties are always Banned
Commission v. Italy (Statistical Levy)
· Levy imposed by Italy in order to collect statistics on flows of imports/exports
· levy is a CEE because goods cross border
· irrelevant that it is not for benefit of the State, not discriminatory, not protective
o Even though you are not being discriminatory, makes no difference
o If a levy is created by goods crossing the border, it is illegal
Exceptions
· Exception 1 - CEEs necessitated by mandatory EC requirements
o “Live cattle imports” (Commission v Germany)
o inspection charges did not violate Treaty prohibition provided several criteria are satisfied………
§ (a) fee does not exceed actual cost of inspection
§ (b) inspection is obligatory in EC area
§ (c)inspection is prescribed by EC legislation
§ (d) inspection promotes Free Movement of Goods
· Exception 2 - fees for service which confers specific benefit on importer “Statistical Levy”
1. M/S would have to demonstrate that a specific benefit was conferred on individual importer rather than on general body of importers, and
2. the fee must not exceed actual cost of inspection
§ Bresciani v Italy
· The carrying out of public health inspections are not a specific benefit to the importer, but to the general public…hence any fee imposed for such inspections constitute a CEE
· Exception 3 - fees imposed in furtherance of International Conventions
o Clash between EC & International law?
o Netherlands v Bakker Hillegom
§ fees will be CEEs if they are not related to actual costs of inspection
§ EU law is superior to International Law, but...
· It the Intl Convention allows the member states to charge a customs duty is allowed as long as the fee does not exceed the cost of inspection
· Exception 4 - where fee is really an Art 90(95) measure (Internal Taxation)
o Where a charge or fee is imposed as part of a “general system of internal dues”, i.e.,
§ applied systematically, in accordance with the same criteria, to domestic and imported products alike, at the same stage of marketing or production
§ then it falls outside CDs / CEEs regime
Customs Duties
· Arts 23-25 (formerly 9-17)
· EEC prohibited customs duties (CDs) or charges of equivalent effect (CEEs)
· Major limitation of national sovereignty
o Internal Taxation is presumed Legal
§ Unless they overstep their bounds
Know the difference between a customs duty and internal taxation?
· Free Trade Area
o Like NAFTA
· Customs Union
o The EU
§ Member states cannot make tariffs on good that come from non member states
· Common Market
o = Customs Union + the 4 Freedoms
· Internal Market
o Common Market changed its name to the internal market
§ I.e. Same set of forms used for each counrty
· Economic and Monetary Union
o Euro
Van Gend en Loos
· Art 23 (12) prohibited imposition of customs duties on imports
· Art 23 “directly effective”
· EEC is a new order in international law
o States limit their sovereign rights in certain fields upon joining EEC
o Community Law imposes rights and obligations on Citizens and M/Ss
o National courts therefore obliged to ensure Art 23(12) is respected
o New in that EU can strike down domestic law
Commission V. Italy (Art Treasures)
· levy on art exports
o Wants to inhibit Italian Artifacts from leaving the country
· “goods” defined (widely)
· CDs / CEEs objectionable because they hinder trade (benign purpose irrelevant)
o The purpose that Italy is tariff the art leaving the country is benign doesn’t matter
S.F.D.B. v SA Ch. Brachfeld (Diamondworkers)
· Levy on diamond imports into Belgium not protectionist or discriminatory
· CDs/CEEs are prohibited independently of purpose…any pecuniary charge (however small) imposed on goods by virtue of crossing border is prohibited
o It doesn’t matter what the charge is called, if it is a charge it is not applicable only to external countries
o Purpose doesn’t matter
§ Customs duties are always Banned
Commission v. Italy (Statistical Levy)
· Levy imposed by Italy in order to collect statistics on flows of imports/exports
· levy is a CEE because goods cross border
· irrelevant that it is not for benefit of the State, not discriminatory, not protective
o Even though you are not being discriminatory, makes no difference
o If a levy is created by goods crossing the border, it is illegal
Exceptions
· Exception 1 - CEEs necessitated by mandatory EC requirements
o “Live cattle imports” (Commission v Germany)
o inspection charges did not violate Treaty prohibition provided several criteria are satisfied………
§ (a) fee does not exceed actual cost of inspection
§ (b) inspection is obligatory in EC area
§ (c)inspection is prescribed by EC legislation
§ (d) inspection promotes Free Movement of Goods
· Exception 2 - fees for service which confers specific benefit on importer “Statistical Levy”
1. M/S would have to demonstrate that a specific benefit was conferred on individual importer rather than on general body of importers, and
2. the fee must not exceed actual cost of inspection
§ Bresciani v Italy
· The carrying out of public health inspections are not a specific benefit to the importer, but to the general public…hence any fee imposed for such inspections constitute a CEE
· Exception 3 - fees imposed in furtherance of International Conventions
o Clash between EC & International law?
o Netherlands v Bakker Hillegom
§ fees will be CEEs if they are not related to actual costs of inspection
§ EU law is superior to International Law, but...
· It the Intl Convention allows the member states to charge a customs duty is allowed as long as the fee does not exceed the cost of inspection
· Exception 4 - where fee is really an Art 90(95) measure (Internal Taxation)
o Where a charge or fee is imposed as part of a “general system of internal dues”, i.e.,
§ applied systematically, in accordance with the same criteria, to domestic and imported products alike, at the same stage of marketing or production
§ then it falls outside CDs / CEEs regime
The Break
There is a short break between classes today so I am writing twice. Everything is begining to wind down here. There is the Comparative Health Law final tommorow. This final shoud be an hour and fifteen minutes. Our cottages washing machine is broken so I carried my laundy up to Naila's cottage and did some laundy today. There is still more to do but it is a good start. The cottage is still a mess so if I get some time tonight I plan on doing a little cleaning. I am begining to look forward to London. I don't know how much time we will be spending with the others from SIU but hopefully we will see them there. I still would like to get something from Dingle but I haven't found anything that tickles my fancy. Life is ok here. Time is just flying by. Between studying and adjusting to life in Europe there is not much time to catch yourself. I feel like life is a constant sprint. There is no down time. I am constantly walking up and down hills so I am tired from that. But I think I am just begining to grow accustomed to them. I miss the food at home. I am very tired of eating Ramen Noodles and Eggs. That is a staple diet of Law Students abroad. I am begining to wonder how much of the things we do the best option. I feel like we never have a chance to be normal. Plus a month long trip is too long to be always on the go. We need some down time. This is not like a normal trip. So hopefully that time comes soon. But I doubt it. We have 3 days left here, then 3 days in London, Then 5 or so days in Galway, Then 5 or so Days in Dublin, Then 6 Days in Barcelona. The time never is found to relax. I don't have much more to say about today. Hopefully tommorow will be less eventful.
Monday, May 26, 2008
Monday
School is back in Session, The weekend was great and things are back to their unorginized self. There is a final tommorow and the next day. For most of the rest of the week we have class all day. So there is no chance that I will get anything other than the domestic stuff done. The cottage is a mess, like always and it needs to be cleaned before we leave. Therefore, I will either be studying or cleaning until I go to london. The internet here is getting really sketchy so I don't know when I will be able to write again. I love you all, and can't wait to see you.
The Weekend
Hello,
I know I haven’t written in a while but the only internet is in the classroom. Since our classroom here in Dingle is in the main church, I haven’t been there this weekend. I am doing well tonight. It is Saturday and I went to Conner’s Pass today. The view was absolutely beautiful. This is how it worked. Nicole, Naila, Carrie, and I got a cab ride 2-3 miles out of town up this mountain. Then he dropped us off in the middle of the road and we took pictures and he went on his way. So Conner’s pass is an old pass that Irishman used to take and we were fortunate to have the same opportunity. I have now found out that there were a number of groups from the different schools who attempted it but only a very few made it through. The reason for this is that there is no trail. You must blaze your own way through the mountain and through the sheep fields. Basically, trespassing through farmers lands. We were fortunate to know our way. Not only that but we decided to take an excursion around the mountain because we still had some extra energy. Up till now this is the best day that I have had. I am now learning that SIU is a far superior school to other schools that are on this trip and know for sure that I have made the right choice. Then when we got back we went for dinner and it was excellent as well.
Sunday, May 25, 2008
Today was the day. Wow ...wow. I have never or rarely been so proud of myself. I have done something no one, my trip mate, the bike shop rental guy. Or the locals or the tourists said I could do. I have successfully biked around the dingle peninsula. You might say, big deal ...right. This is a very difficult bike for even experienced riders and I haven’t been on a bike for 9 years. Naila and I said that we would go for a bike ride today around town because we have done everything else we the town has to offer. Instead, we later decided to do the bike tour. Never imagining that we would get anywhere near doing it. I am really sore and am in immense pain but I really feel like I have accomplished something. When we brought the bikes back to the rental place the guy couldn’t believe us. This is a 30 mile bike ride through the mountains, 50 kilometers. It took us from 9:00 in the morning until 6:30 this evening. In some sense I could feel Grandpa pushing me on. Saying you can do it. At one point we almost stopped and called for a cab, but the lady was VERY rude and wouldn’t let us use her phone. I think it was fate. So we continued on. My chain even broke loose from the gears and I managed to get it back on with only my hands and carried on full of grease.
There is a store that has been converted into a compilation of newspaper clippings where tourists have been stranded, fallen from cliffs, gotten lost for over one day, and a few have even died. I am so proud of myself I can’t begin to describe it to you. I am so sore, I am sun burned, I am wind burned. This is one of the windiest days of the season so far. The bike man said that he was sure that we would return the bike within the half an hour and couldn’t believe we did it. He said there is no way an American could do it. Much less a fat American like me. I also have to give Naila credit, she was great moral support. She kept pushing me on. Wow...Wow. Some things in life make you realize just what you can do. As you can imagine, I have lost a great deal of weight so far. I walk at least 7-8 miles a day up and down hills. I am tired, but I am feeling so proud of myself. I know I am only 25 but I never believed I could do what it is I am doing. I feel like I am doing really well in class. I have gotten my grades back in some classes from SIU and I have done even better this semester. Law school is teaching me to push myself to the limit and I am meeting the challenge head on. I sometimes like to compare myself to Grandpa and know that I haven’t even begin to accomplish what he has but I know that if he could see me know he would be really proud of me. I feel like his spirit is alive in me. I am really proud to come from his line. Today I have pushed my body in a way I can barely remember and the self gratification and scenery has rewarded me well.
On a personal note. My rooming situation is getting frustrating because my roommates are kind of slobs and there is stuff everywhere. One smokes and both chew tobacco. There is spit everywhere. There is dirty dishes and food laying out and I am tired of cleaning. I hopefully will have a new rooming situation when I move to the next town. I am too tired to give you the London stuff today but I have tickets there and back and a hotel for one night in Galway as we don’t get our cottages until after class. The hotel is the Best Western Flannery’s and we are taking “Aer Lingus” To England, and “Aer Aern” back here to Ireland, right into Galway. It is 10:00 now and I need some sleep. I look forward to seeing all of you soon. Also, because of the Euro, buying gifts will be very hard as even a home cooked meal costs 10- 12 Euros per person. 16-23 Dollars per person. SO because of that I need to be careful what I spend money on. I have thought about what I want to bring home to each of you and have been on the lookout. I still am having trouble wrapping my head around the expense of living here. I have grown to hate the dollar.
I don’t want to leave you with the person note so I will leave you with this. Ireland is a country of great history where nothing is ever finished. The homes, the construction, the roads, or the service. It is a land of quitters. But in this land of quitters, where nobody though Naila and I could do the trip, we fought back. I feel like I have conquered the mountain.
I know I haven’t written in a while but the only internet is in the classroom. Since our classroom here in Dingle is in the main church, I haven’t been there this weekend. I am doing well tonight. It is Saturday and I went to Conner’s Pass today. The view was absolutely beautiful. This is how it worked. Nicole, Naila, Carrie, and I got a cab ride 2-3 miles out of town up this mountain. Then he dropped us off in the middle of the road and we took pictures and he went on his way. So Conner’s pass is an old pass that Irishman used to take and we were fortunate to have the same opportunity. I have now found out that there were a number of groups from the different schools who attempted it but only a very few made it through. The reason for this is that there is no trail. You must blaze your own way through the mountain and through the sheep fields. Basically, trespassing through farmers lands. We were fortunate to know our way. Not only that but we decided to take an excursion around the mountain because we still had some extra energy. Up till now this is the best day that I have had. I am now learning that SIU is a far superior school to other schools that are on this trip and know for sure that I have made the right choice. Then when we got back we went for dinner and it was excellent as well.
Sunday, May 25, 2008
Today was the day. Wow ...wow. I have never or rarely been so proud of myself. I have done something no one, my trip mate, the bike shop rental guy. Or the locals or the tourists said I could do. I have successfully biked around the dingle peninsula. You might say, big deal ...right. This is a very difficult bike for even experienced riders and I haven’t been on a bike for 9 years. Naila and I said that we would go for a bike ride today around town because we have done everything else we the town has to offer. Instead, we later decided to do the bike tour. Never imagining that we would get anywhere near doing it. I am really sore and am in immense pain but I really feel like I have accomplished something. When we brought the bikes back to the rental place the guy couldn’t believe us. This is a 30 mile bike ride through the mountains, 50 kilometers. It took us from 9:00 in the morning until 6:30 this evening. In some sense I could feel Grandpa pushing me on. Saying you can do it. At one point we almost stopped and called for a cab, but the lady was VERY rude and wouldn’t let us use her phone. I think it was fate. So we continued on. My chain even broke loose from the gears and I managed to get it back on with only my hands and carried on full of grease.
There is a store that has been converted into a compilation of newspaper clippings where tourists have been stranded, fallen from cliffs, gotten lost for over one day, and a few have even died. I am so proud of myself I can’t begin to describe it to you. I am so sore, I am sun burned, I am wind burned. This is one of the windiest days of the season so far. The bike man said that he was sure that we would return the bike within the half an hour and couldn’t believe we did it. He said there is no way an American could do it. Much less a fat American like me. I also have to give Naila credit, she was great moral support. She kept pushing me on. Wow...Wow. Some things in life make you realize just what you can do. As you can imagine, I have lost a great deal of weight so far. I walk at least 7-8 miles a day up and down hills. I am tired, but I am feeling so proud of myself. I know I am only 25 but I never believed I could do what it is I am doing. I feel like I am doing really well in class. I have gotten my grades back in some classes from SIU and I have done even better this semester. Law school is teaching me to push myself to the limit and I am meeting the challenge head on. I sometimes like to compare myself to Grandpa and know that I haven’t even begin to accomplish what he has but I know that if he could see me know he would be really proud of me. I feel like his spirit is alive in me. I am really proud to come from his line. Today I have pushed my body in a way I can barely remember and the self gratification and scenery has rewarded me well.
On a personal note. My rooming situation is getting frustrating because my roommates are kind of slobs and there is stuff everywhere. One smokes and both chew tobacco. There is spit everywhere. There is dirty dishes and food laying out and I am tired of cleaning. I hopefully will have a new rooming situation when I move to the next town. I am too tired to give you the London stuff today but I have tickets there and back and a hotel for one night in Galway as we don’t get our cottages until after class. The hotel is the Best Western Flannery’s and we are taking “Aer Lingus” To England, and “Aer Aern” back here to Ireland, right into Galway. It is 10:00 now and I need some sleep. I look forward to seeing all of you soon. Also, because of the Euro, buying gifts will be very hard as even a home cooked meal costs 10- 12 Euros per person. 16-23 Dollars per person. SO because of that I need to be careful what I spend money on. I have thought about what I want to bring home to each of you and have been on the lookout. I still am having trouble wrapping my head around the expense of living here. I have grown to hate the dollar.
I don’t want to leave you with the person note so I will leave you with this. Ireland is a country of great history where nothing is ever finished. The homes, the construction, the roads, or the service. It is a land of quitters. But in this land of quitters, where nobody though Naila and I could do the trip, we fought back. I feel like I have conquered the mountain.
Friday, May 23, 2008
The Dingle Saga Continues
Well, last night I got an amazing 6 hours of sleep. Now I know it doesn't sound like much, but it is the most I got so far. We only have class until 1:00 today so my plan is to do a little shopping and a load of laundry. The machine is both a washer and dryer. Therefore you can't do much at a time. Additionally, it seems like it only holds 4 articles of clothing at a time. Yesterday, I walked deep into the mountians. I meen deep. No path, no trail, just me and the sheep. I have some great pictures that I can't wait to share. I really hope that they came out. Also, I am still frustrated with my roomate situation. I think something new is growing on the bathroom. Yuck. The cottages are nice, but the roomates are really dirty. I have class starting now. Love you all and am looking forward to your comments.
Thursday, May 22, 2008
Dingle
Still tired. I only got four hours of sleep last night. It seems to rain here all the time and it is very cold. Unfortunatly, I haven't seen Dingle hardly at all. The high point of yesterday was eating pan fried sole. I can't wait for the weekend, hopefully I will be able to catch up on my sleep and see a little of the town. I finally booked the trip to London. I don't have time to send you the information but when I hhave the chance I will let you know the details. Hopefully these professors get tired of assigning so much work. We could really use the break.
Wednesday, May 21, 2008
Angry in DIngle
Hello all,
Life in Dingle is really rough. So far the program has been very disorganized and poorly run. No one knows when classes are or what the schedule is. Someone walks into the room and says that there is an event tonight. There is huge favoritism toward the home university students. Additionally, I have been up till 3 A.M. reading all the nights so far. Of course Basanta is teaching very well. But he have an Irish professor who is a complete shmuck. I know this trip should be fun too, but so far all I have had time for is class, eating, and homework. I am so tired. And Crabby. I only get 3 hours of sleep a night at maximum. Also it is constantly raining. Hopefully my next message will be more up beat.
Life in Dingle is really rough. So far the program has been very disorganized and poorly run. No one knows when classes are or what the schedule is. Someone walks into the room and says that there is an event tonight. There is huge favoritism toward the home university students. Additionally, I have been up till 3 A.M. reading all the nights so far. Of course Basanta is teaching very well. But he have an Irish professor who is a complete shmuck. I know this trip should be fun too, but so far all I have had time for is class, eating, and homework. I am so tired. And Crabby. I only get 3 hours of sleep a night at maximum. Also it is constantly raining. Hopefully my next message will be more up beat.
Tuesday, May 20, 2008
Life in DIngle
Hello,
I am soooooo tired. I haven't had any chance to see Dingle becasue there is soo much class and sooooo much homework. Last night I ate with Nicole becasue her mom cooked. Money is so bad over here. It is almost 5 dollars for a glass of OJ. Nicole's husband bought a round of Pints for the 6 of us. It ended up being 50 dollars for him. Life is so expensive. I also have no idea what time I am in. Ireland is like Alaska in that it is light untill 11:00 at night. So that is all from here. I am having a good time, but I really need to get some sleep. I know if I don't I am gunna get sick. Hopefully there isn't too much homework tonight. Love you all, Jonathan.
I am soooooo tired. I haven't had any chance to see Dingle becasue there is soo much class and sooooo much homework. Last night I ate with Nicole becasue her mom cooked. Money is so bad over here. It is almost 5 dollars for a glass of OJ. Nicole's husband bought a round of Pints for the 6 of us. It ended up being 50 dollars for him. Life is so expensive. I also have no idea what time I am in. Ireland is like Alaska in that it is light untill 11:00 at night. So that is all from here. I am having a good time, but I really need to get some sleep. I know if I don't I am gunna get sick. Hopefully there isn't too much homework tonight. Love you all, Jonathan.
Monday, May 19, 2008
I've Made It
Hello All,
I am here in DIngle and sitting before my first class, I don't havve much time to write but wanted to let you know I am doing well. The cottages we are staying in are wonderful and spacious. I am with one SIU guy and another from University of Miami. He was a Monmouth College Grad. That is kind of cool. DIngle is beautiful and hopefully I will have a chance to explore tonight. Love you all.
Jonathan
I am here in DIngle and sitting before my first class, I don't havve much time to write but wanted to let you know I am doing well. The cottages we are staying in are wonderful and spacious. I am with one SIU guy and another from University of Miami. He was a Monmouth College Grad. That is kind of cool. DIngle is beautiful and hopefully I will have a chance to explore tonight. Love you all.
Jonathan
Thursday, May 15, 2008
Trip Information
UMKC Police – 001 (816)235-1515
· Call for After Hours emergencies
FOR all calls use the (011) Prefix
May 18-28
Dingle Harbour Cottages
353 12 018440
June 2-6
Corrib Village
National University of Ireland, Galway
353 91 750394
June 6-14
UCD Village
University College Dublin
353 1 269 7111
US Embassy
353 1 668 8777
(For emergency use only)
Dermot Cahill
353 86 818 5654
(Potential Hotel in London)
Hotel London Heathrow
Millennium/Copthorne Hotels
44-020-7937-7211
(If we switch, we will probably move to the Kensington)
Hotel in Barcelona
Silken St. Gervasi Hotel
Coming Home
Friday June 20th.
Aer Lingus Flt: 563
11:10 A.M. – 12:50 P.M. Barcelona to Dublin
Aer Lingus Flt: 125
2:30-4:40 P.M. Dublin to O’Hare
Travel Agent
Janet Donahue
618-549-737
· Call for After Hours emergencies
FOR all calls use the (011) Prefix
May 18-28
Dingle Harbour Cottages
353 12 018440
June 2-6
Corrib Village
National University of Ireland, Galway
353 91 750394
June 6-14
UCD Village
University College Dublin
353 1 269 7111
US Embassy
353 1 668 8777
(For emergency use only)
Dermot Cahill
353 86 818 5654
(Potential Hotel in London)
Hotel London Heathrow
Millennium/Copthorne Hotels
44-020-7937-7211
(If we switch, we will probably move to the Kensington)
Hotel in Barcelona
Silken St. Gervasi Hotel
Coming Home
Friday June 20th.
Aer Lingus Flt: 563
11:10 A.M. – 12:50 P.M. Barcelona to Dublin
Aer Lingus Flt: 125
2:30-4:40 P.M. Dublin to O’Hare
Travel Agent
Janet Donahue
618-549-737
Saturday, May 3, 2008
Crunch Time
It is finals crunch time and what did I do today. Went to a study group for the class, went to lunch, outlined, fell asleep with the lap top on my chest, woke up and resumed studying. The rest of the evening will be studying and a group sesison tonight if everything goes as planned. If there is any hope for me I need to find a way to make it past this Thursday evening. It feels like the body doesn't want to keep up with the books. Perhaps that is the lesson I need to learn, you can never outpace a book, just hope to enjoy the run. If everything goes well, in one week I will 1/3 done. But this week I suspect will go very slow, and very fast.
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