ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 328/69

EUROPEAN COUNCIL DECISION,

taken with the agreement of the President of the Commission,

of 4 December 2009

appointing the High Representative of the Union for Foreign Affairs and Security Policy

(2009/950/EU)

THE EUROPEAN COUNCIL,

Having regard to the Treaty on European Union, and in particular Article 18(1) thereof,

Whereas:

(1) On 1 December 2009 Catherine ASHTON was appointed High Representative of the Union for Foreign Affairs and Security Policy for the period from 1 December 2009 until the end of the current term of office of the Commission.

(2) In accordance with Article 17(7), third subparagraph, of the Treaty on European Union, the President, the High Representative of the Union for Foreign Affairs and Security Policy and the other Members of the Commission will be subject as a body to a vote of consent by the European Parliament.

(3) The High Representative of the Union for Foreign Affairs and Security Policy should be appointed for the period from the end of the current term of office of the Commission until 31 October 2014,

HAS ADOPTED THIS DECISION:

Article 1

Catherine ASHTON is hereby appointed High Representative of the Union for Foreign Affairs and Security Policy for the period from the end of the current term of office of the Commission until 31 October 2014.

Article 2

This Decision shall be notified to Catherine ASHTON by the President of the European Council.

It shall take effect on the day of its notification.

Article 3

This Decision shall be published in the Official Journal of the European Union.
EN Official Journal of the European Union L 330/80

COMMISSION DECISION

of 14 December 2009

amending Decision 2007/230/EC on a form concerning social legislation relating to road transport activities

(notified under document C(2009) 9895)

(Text with EEA relevance)

(2009/959/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on European Union and to the Treaty on the Functioning of the European Union,

Having regard to Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC (1), and in particular Articles 11(3) and 13 thereof,

Whereas:

(1) The primary source of information at the roadside checks is the recordings made in the tachograph. The lack of records should only be justified where tachograph records, including manual entries, were not possible for objective reasons. In such cases the attestation confirming such reasons should be established.

(2) The form of attestation provided in the Annex to Commission Decision 2007/230/EC (2) proved to be insufficient to cover all cases where it is technically impossible to record a driver’s activities on the recording equipment.

(3) In order to enhance the efficiency and effectiveness of the checking by Member States of compliance with the provisions of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (3), the form should be modified by the insertion of additional elements to those indicated in Article 11(3) of Directive 2006/22/EC.

(4) The form of attestation should be used only if the tachograph records, for objective technical reasons, are unable to demonstrate that the provisions of Regulation (EC) No 561/2006 have been respected.

(5) The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 18(1) of Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (4),

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 2007/230/EC is replaced by the text in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 14 December 2009. For the Commission Antonio TAJANI Vice-President

(1) OJ L 102, 11.4.2006, p. 35.

(2) OJ L 99, 14.4.2007, p. 14.

(3) OJ L 102, 11.4.2006, p. 1.

(4) OJ L 370, 31.12.1985, p. 8.
2.

In Article 4, paragraphs 3 and 4 shall be replaced by the following: ‘3. Exemptions may be made for funds and economic resources which are: (a) necessary to satisfy basic needs, including payment for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges; (b) intended exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services; or (c) intended exclusively for payment of fees or service charges, in accordance with national laws, for routine holding or maintenance of frozen funds and economic resources, after notification by the Member State concerned to the Committee, for persons and entities listed in Annex I, of the intention to authorise, where appropriate, access to such funds, other financial assets and economic resources and in the absence of a negative decision by the Committee within five working days of such notification. 4. Exemptions may also be made for funds and economic resources which are: (a) necessary for extraordinary expenses, after notification by the Member State concerned to and approval by the Committee for persons and entities listed in Annex I; or (b) the subject of a judicial, administrative or arbitral lien or judgment, in which case the funds and economic resources may be used to satisfy that lien or judgment, provided that the lien or judgment was entered prior to the date on which the person or entity referred to in paragraph 1 has been designated by the Sanctions Committee, the Security Council or by the Council, and is not for the benefit of a person or entity referred to in paragraph 1, after notification by the Member State concerned to the Committee for persons and entities listed in Annex I.’
EN Official Journal of the European Union L 6/64

COMMISSION DECISION

of 2 December 2008

establishing a major accident report form pursuant to Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances

(notified under document number C(2008) 7530)

(Text with EEA relevance)

(2009/10/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (1), and in particular Article 15(2) thereof,

After consulting the Committee established by Article 22 of the Directive,

Whereas:

(1) Article 14 of Directive 96/82/EC requires the Member States to ensure that, as soon as practicable following a major accident, the operator shall be required to inform the competent authorities. Article 15(1) of the Directive requires the Member States to inform the Commission as soon as practicable of major accidents within their territory meeting the criteria of Annex VI to the Directive. Article 15(2) of the Directive provides that the Member States shall, as soon as the information pursuant to Article 14 has been collected, inform the Commission of their analysis of the accident and recommendations on future preventive measures.

(2) The information required pursuant to Article 15(2) has to be provided using a report form established and kept under review in accordance with the procedure referred to in Article 22 of the Directive.

(3) The measures envisaged in this Decision are in accordance with the opinion of the Committee established by Article 22 of the Directive,

HAS ADOPTED THIS DECISION:

Article 1

For the purposes of Article 15(2) of Directive 96/82/EC on the control of major-accident hazards involving dangerous substances, the major accident report form set out in the Annex to this Decision is hereby adopted.

Article 2

With effect from 1 December 2008, the Member States shall provide reports containing information in accordance with the Annex, using the register and information system pursuant to Article 19(2) of Directive 96/82/EC.

Article 3

The definitive application of the major accident report form set out in the Annex shall be preceded by a test phase of 5 months, starting on 1 December 2008.

Article 4

If the test phase shows the necessity to amend the major accident report form set out in the Annex, the present Decision shall be amended in accordance with the procedure laid down in Article 22 of the Directive.

Article 5

Confidential information shall be handled in accordance with Commission Decision 2001/844/EC, ECSC, Euratom of 29 November 2001 amending its internal rules of procedures (2).

Article 6

Member States’ reports shall only contain the information available to the competent authorities.

Article 7

This Decision is addressed to the Member States.

Done at Brussels, 2 December 2008. For the Commission Stavros DIMAS Member of the Commission

(1) OJ L 10, 14.1.1997, p. 13.

(2) OJ L 317, 3.12.2001, p. 1.
EN Official Journal of the European Union L 24/11

COUNCIL DECISION

of 18 December 2008

appointing the members of the committee provided for in Article 3(3) of Annex I to the Protocol on the Statute of the Court of Justice

(2009/69/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Treaty establishing the European Atomic Energy Community,

Having regard to the Protocol on the Statute of the Court of Justice, as amended by Council Decision 2004/752/EC, Euratom of 2 November 2004 establishing the European Union Civil Service Tribunal (1), and in particular Article 3(3) of Annex I to the said Protocol,

Having regard to Council Decision 2005/49/EC, Euratom of 18 January 2005 concerning the operating rules of the committee provided for in Article 3(3) of Annex I to the Protocol on the Statute of the Court of Justice (2), and in particular point 3 of the Annex to the said Decision,

Having regard to the recommendation of the President of the Court of Justice of 19 November 2008,

Whereas:

(1) Article 3(3) of Annex I to the Protocol on the Statute of the Court of Justice provides for the setting up of a committee comprising seven persons chosen from among former members of the Court of Justice and the Court of First Instance and lawyers of recognised competence. By virtue of Article 3(3), members of the committee are appointed by the Council, acting by a qualified majority on a recommendation by the President of the Court of Justice.

(2) Furthermore, point 3 of the Annex to Decision 2005/49/EC, Euratom provides that the Council is to nominate the president of that committee.

(3) These provisions should be applied,

HAS DECIDED AS FOLLOWS:

Article 1

For a period of four years from 10 November 2008, the following shall be appointed members of the committee provided for in Article 3(3) of Annex I to the Protocol on the Statute of the Court of Justice:

Mr Günter HIRSCH, President

Mr Rafael GARCÍA-VALDECASAS Y FERNÁNDEZ

Ms Csilla KOLLONAY LEHOCZKY

Ms Fidelma O'KELLY MACKEN

Mr Romain SCHINTGEN

Ms Kateřina ŠIMÁČKOVÁ

Mr Georges VANDERSANDEN.

Article 2

This Decision shall take effect on the day following that of its publication in the Official Journal of the European Union.

Done at Brussels, 18 December 2008. For the Council The President M. BARNIER

(1) OJ L 333, 9.11.2004, p. 7.

(2) OJ L 21, 25.1.2005, p. 13.
EN Official Journal of the European Union L 80/14

COMMISSION DECISION

of 18 March 2009

adjusting the weightings applicable from 1 February, 1 March, 1 April, 1 May and 1 June 2008 to the remuneration of officials, temporary staff and contract staff of the European Communities serving in third countries

(2009/295/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Staff Regulations of officials of the European Communities and the conditions of employment of other servants of the Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), and in particular the second paragraph of Article 13 of Annex X thereto,

Whereas:

(1) Pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations, the weightings to be applied from 1 July 2007 to the remuneration of officials, temporary staff and contract staff of the European Communities serving in third countries payable in the currency of their country of employment were laid down by Council Regulation (EC) No 624/2008 (2).

(2) Some of these weightings need to be adjusted in accordance with the second paragraph of Article 13 of Annex X to the Staff Regulations, with effect from 1 February, 1 March, 1 April, 1 May and 1 June 2008, since the statistics available to the Commission show that in certain third countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down or adjusted,

HAS DECIDED AS FOLLOWS:

Sole Article

The weightings applied to the remuneration of officials, temporary staff and contract staff of the European Communities serving in third countries, payable in the currency of the country of employment, shall be adjusted for certain countries as shown in the Annex hereto. It contains five monthly tables showing which countries are affected and the dates of application for each one (1 February, 1 March, 1 April, 1 May and 1 June 2008).

The exchange rates used for the calculation of this remuneration shall be established in accordance with the detailed rules for the implementation of the Financial Regulation and correspond to the dates of application of the weightings.

Done at Brussels, 18 March 2009. For the Commission Benita FERRERO-WALDNER Member of the Commission

(1) OJ L 56, 4.3.1968, p. 1.

(2) OJ L 172, 2.7.2008, p. 1.
EN Official Journal of the European Union L 74/31

COUNCIL DECISION

of 16 March 2009

appointing three members of the European Statistical Governance Advisory Board

(2009/250/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Decision No 235/2008/EC of the European Parliament and of the Council of 11 March 2008 establishing the European Statistical Governance Advisory Board (1), and in particular Article 3 thereof,

Having regard to the opinion of the Commission,

HAS DECIDED AS FOLLOWS:

Article 1

The following are hereby appointed as the members representing the Council in the European Statistical Governance Advisory Board for a period of three years:

— Sir Tony ATKINSON, Senior Research Fellow, Nuffield College, Oxford, United Kingdom,

— Johann HAHLEN, Former President of the Federal Statistical Office, Germany,

— Edvard OUTRATA, Former President of the Czech Statistical Office, Czech Republic.

Article 2

This Decision shall take effect on the third day following its publication in the Official Journal of the European Union.

Done at Brussels, 16 March 2009. For the Council The President A. VONDRA

(1) OJ L 73, 15.3.2008, p. 17.
EN Official Journal of the European Union L 108/53

COMMISSION DECISION

of 28 April 2009

on the request by Ireland to accept Council Decision 2008/381/EC establishing a European Migration Network

(notified under document number C(2009) 2708)

(2009/350/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, in particular to Article 11a thereof,

Whereas:

(1) On 14 May 2008, the Council adopted Decision 2008/381/EC establishing a European Migration Network (1) (EMN) (hereinafter referred to as Council Decision 2008/381/EC).

(2) Pursuant to Article 1 of the Protocol on the position of Ireland, Ireland did not participate in the adoption of Decision 2008/381/EC.

(3) In accordance with Article 4 of the said Protocol, Ireland notified the Council and the Commission that it wishes to accept Decision 2008/381/EC.

(4) In accordance with Article 11a of the Treaty the Commission adopted a favourable opinion (2) on the request by Ireland on 22 December 2008,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2008/381/EC shall apply to Ireland.

Article 2

Ireland shall bring into force the provisions necessary to comply with Decision 2008/381/EC and shall forthwith inform the Commission thereof.

Article 3

Decision 2008/381/EC shall come into force for Ireland from the date of the notification by Ireland of its acceptance of Decision 2008/381/EC.

Article 4

This Decision is addressed to all Member States.

Done at Brussels, 28 April 2009. For the Commission Jacques BARROT Vice-President

(1) OJ L 131, 21.5.2008, p. 7.

(2) C(2008) 8668 final.
EN Official Journal of the European Union L 117/10

COMMISSION DECISION

of 11 May 2009

setting the amounts which, pursuant to Council Regulations (EC) No 1782/2003, (EC) No 378/2007, (EC) No 479/2008 and (EC) No 73/2009 are made available to the EAFRD and the amounts available for EAGF expenditure

(2009/379/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (1), and in particular Article 12(2) and (3) thereof,

Whereas:

(1) Certain amounts available for the budget years 2007 to 2013 to the European Agricultural Fund for Rural Development (EAFRD) are set out in the Annex to Commission Decision 2006/410/EC of 24 May 2006 setting the amounts which, pursuant to Articles 10(2), 143d and 143e of Council Regulation (EC) No 1782/2003, Article 4(1) of Council Regulation (EC) No 378/2007 and Article 23(2) of Council Regulation (EC) No 479/2008 are made available to the EAFRD and the amounts available for EAGF expenditure (2).

(2) Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (3), has been repealed and replaced by Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (4) as from 1 January 2009.

(3) Regulation (EC) No 73/2009 has introduced in its Article 7 new increased rates for compulsory modulation. In accordance with Article 1(5) of Council Regulation (EC) No 378/2007 of 27 March 2007 laying down rules for voluntary modulation of direct payments (5) the increase in compulsory modulation rates has to be deducted from the voluntary modulation rate.

(4) Consequently, the amounts of voluntary and compulsory modulation to be made available to the EAFRD have changed.

(5) In the interest of clarity Decision 2006/410/EC should be repealed and replaced by a new text,

HAS DECIDED AS FOLLOWS:

Article 1

The amounts available for the budget years 2007 to 2013 to the European Agricultural Fund for Rural Development (EAFRD) pursuant to Articles 10(2) and 143d of Regulation (EC) No 1782/2003, Article 4(1) of Regulation (EC) No 378/2007, Article 23(2) of Council Regulation (EC) No 479/2008 (6) and Articles 9(1), 10(3), 134 and 135 of Regulation (EC) No 73/2009, as well as the net balance available for European Agricultural Guarantee Fund (EAGF) expenditure are set out in the Annex to this Decision.

Article 2

Decision 2006/410/EC is repealed.

Done at Brussels, 11 May 2009. For the Commission Mariann FISCHER BOEL Member of the Commission

(1) OJ L 209, 11.8.2005, p. 1.

(2) OJ L 163, 15.6.2006, p. 10.

(3) OJ L 270, 21.10.2003, p. 1.

(4) OJ L 30, 31.1.2009, p. 16.

(5) OJ L 95, 5.4.2007, p. 1.

(6) OJ L 148, 6.6.2008, p. 1.
EN Official Journal of the European Union L 180/16

COUNCIL DECISION

of 7 July 2009

on guidelines for the employment policies of the Member States

(2009/536/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 128(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of the European Economic and Social Committee (2),

After consulting the Committee of the Regions,

Having regard to the opinion of the Employment Committee,

Whereas:

(1) The Lisbon Strategy, as renewed in 2005, has placed emphasis on growth and jobs. The Employment Guidelines of the European Employment Strategy and the Broad Economic Policy Guidelines have been adopted as an integrated package, whereby the European Employment Strategy has the leading role in the implementation of the employment and labour market objectives of the Lisbon Strategy.

(2) The examination of the Member States’ National Reform Programmes contained in the Joint Employment Report shows that Member States should continue to make every effort to address the following priority areas: attracting and retaining more people in employment, increasing labour supply and modernising social protection systems; improving adaptability of workers and enterprises; and increasing investment in human capital through better education and skills.

(3) In view of the current economic crisis, the guidelines should also serve as a tool for meeting the immediate challenges of increasing unemployment and social exclusion. Policies in the immediate term include integrated flexicurity policies to facilitate the transition to work, matching the unemployed with available jobs, and skills upgrading.

(4) In light of the Commission’s examination of the National Reform Programmes, the focus should be on their effective and timely implementation, paying special attention to the agreed targets and benchmarks and the involvement of social partners.

(5) The Employment Guidelines were adopted in 2008 with a validity of three years, during which time their updating should be strictly limited.

(6) Member States should explore the use of the European Social Fund when implementing the Employment Guidelines.

(7) In view of the integrated nature of the guideline package, Member States should fully implement the Broad Economic Policy Guidelines,

HAS ADOPTED THIS DECISION:

Article 1

The guidelines for Member States’ employment policies as set out in the Annex to Council Decision 2008/618/EC of 15 July 2008 on guidelines for the employment policies of the Member States (3) are maintained for 2009 and shall be taken into account by the Member States in their employment policies.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 7 July 2009. For the Council The President A. BORG

(1) Opinion of 11 March 2009 (not yet published in the Official Journal).

(2) Opinion of 13 May 2009 (not yet published in the Official Journal).

(3) OJ L 198, 26.7.2008, p. 47.