ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 346/19

COUNCIL DECISION

of 20 December 2007

amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Central Bank of Cyprus

(2007/882/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank annexed to the Treaty establishing the European Community, and in particular to Article 27,1 thereof,

Having regard to Recommendation ECB/2007/12 of the European Central Bank of 15 November 2007 to the Council of the European Union on the external auditors of the Central Bank of Cyprus (1),

Whereas:

(1) The accounts of the European Central Bank (ECB) and of the national central banks of the Eurosystem are audited by independent external auditors recommended by the ECB’s Governing Council and approved by the Council of the European Union.

(2) Pursuant to Article 1 of Council Decision 2007/503/EC of 10 July 2007 in accordance with Article 122(2) of the Treaty on the adoption by Cyprus of the single currency on 1 January 2008 (2), Cyprus now fulfils the necessary conditions for the adoption of the euro and the derogation in favour of Cyprus referred to in Article 4 of the 2003 Act of Accession should be abrogated with effect from 1 January 2008.

(3) Pursuant to Section 60(1)(a) of Law 34(I) of 2007 amending the Central Bank of Cyprus Laws of 2002 and 2003, which enters into force on 1 January 2008, the annual financial statements of the Central Bank of Cyprus are audited in accordance with Article 27 of the ESCB Statute.

(4) Following the abrogation of the derogation for Cyprus, the Governing Council of the ECB recommended that the Council approve Pricewaterhouse Coopers Limited as the external auditors of the Bank of Cyprus for the financial years 2008 to 2012.

(5) It is appropriate to follow the recommendation of the Governing Council of the ECB and to amend Council Decision 1999/70/EC (3) accordingly,

HAS DECIDED AS FOLLOWS:

Article 1

The following paragraph shall be added to Article 1 of Decision 1999/70/EC:

‘14. PricewaterhouseCoopers Limited is hereby approved as the external auditors of the Central Bank of Cyprus for the financial years 2008 to 2012.’

Article 2

This Decision shall be communicated to the ECB.

Article 3

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 20 December 2007. For the Council The President F. NUNES CORREIA

(1) OJ C 277, 20.11.2007, p. 1.

(2) OJ L 186, 18.7.2007, p. 29.

(3) OJ L 22, 29.1.1999, p. 69. Decision as last amended by Decision 2007/145/EC (OJ L 64, 2.3.2007, p. 35).
EN Official Journal of the European Union L 8/35

COMMISSION DECISION

of 22 December 2006

amending the Appendix to Annex VI to the Act of Accession of Bulgaria and Romania as regards certain milk processing establishments in Bulgaria

(notified under document number C(2006) 6960)

(Text with EEA relevance)

(2007/26/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Treaty of Accession of Bulgaria and Romania, and in particular Article 4(3) thereof,

Having regard to the Act of Accession of Bulgaria and Romania, and in particular the first subparagraph of paragraph (f) of Chapter 4 of Section B of Annex VI thereto,

Whereas:

(1) Bulgaria has been granted transitional periods by the Act of Accession of Bulgaria and Romania for compliance by certain milk processing establishments with the requirements of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (1). Certain establishments which are authorised to process non-compliant milk are listed in Chapter I, and certain establishments which are authorised to process both compliant and non-compliant milk, provided that such processing is carried out on separate production lines are listed in Chapter II, of the Appendix to Annex VI to that Act.

(2) A number of the establishments currently listed in Chapter I of that Appendix have ceased the activities covered by the transitional periods. Those establishments should therefore be deleted from that list.

(3) In view of the evolution of the quality of the raw milk and the present proportion of production of raw milk in Bulgaria that does not comply with the requirements of Regulation (EC) No 853/2004, certain establishments should be included in the list set out in Chapter I of that Appendix to Annex VI of the Act of Accession.

(4) Furthermore, certain milk processing establishments in Bulgaria have the capacity and equipment to process compliant and non-compliant milk on separate production lines. Those establishments should be included on the list set out in Chapter II of that Appendix.

(5) Therefore, the Appendix to Annex VI to the Act of Accession should be amended. For the sake of clarity, that Appendix should be replaced by the text in the Annex to this Decision.

(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

The Appendix to Annex VI to the Act of Accession of Bulgaria and Romania is replaced by text in the Annex to this Decision.

Article 2

This Decision shall apply subject to and as from the date of the entry into force of the Act of Accession of Bulgaria and Romania.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 22 December 2006. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 139, 30.4.2004, p. 55; corrected by OJ L 226, 25.6.2004. Regulation as last amended by Commission Regulation (EC) No 2076/2005 (OJ L 338, 22.12.2005, p. 83).
EN Official Journal of the European Union L 42/83

DECISION OF THE EUROPEAN CENTRAL BANK

of 17 December 2007

amending Decision ECB/2006/17 on the annual accounts of the European Central Bank

(ECB/2007/21)

(2008/121/EC)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 26.2 thereof,

Whereas:

(1) Decision ECB/2006/17 of 10 November 2006 on the annual accounts of the European Central Bank (1) (ECB) does not contain specific rules on the capitalisation of costs related to the acquisition of intangible assets. It is desirable for reasons of clarity to insert a rule specifying the current practice.

(2) Article 14(2) of Guideline ECB/2007/2 of 26 April 2007 on a Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET2) (2) provides that the TARGET2 system will replace the current TARGET system. The national central banks (NCBs) of Member States that have adopted the euro (hereinafter the participating Member States) will migrate to TARGET2 in accordance with the schedule specified in Article 13 of Guideline ECB/2007/2. Furthermore, certain NCBs of Member States that have not adopted the euro will connect to TARGET2 on the basis of a separate agreement with the ECB and the NCBs of participating Member States. It is therefore necessary to amend references to ‘TARGET’ in Decision ECB/2006/17,

HAS DECIDED AS FOLLOWS:

Article 1

Amendments

Decision ECB/2006/17 is amended as follows:

1. the following Article 10a is inserted: ‘Article 10a Synthetic instruments The accounting treatment of synthetic instruments shall be in accordance with Article 9a of Guideline ECB/2006/16.’;

2. Annex I to Decision ECB/2006/17 is amended in accordance with the Annex to this Decision.

Article 2

Final provision

This Decision shall enter into force on 1 January 2008.

Done at Frankfurt am Main, 17 December 2007. The President of the ECB Jean-Claude TRICHET

(1) OJ L 348, 11.12.2006, p. 38.

(2) OJ L 237, 8.9.2007, p. 1.
EN Official Journal of the European Union L 118/18

COMMISSION DECISION

of 30 April 2007

concerning a request from the Republic of Italy to apply a reduced rate of VAT to the supply of electricity for the operation of facilities used for the irrigation, lifting and drainage of waters

(notified under document number C(2007) 1823)

(Only the Italian text is authentic)

(2007/313/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (1), and in particular Article 102 thereof,

Whereas:

(1) By initial letter registered at the Commission on 3 October 2006, followed by a complementary letter registered at the Commission on 22 January 2007, Italy informed the Commission of its intention to apply a reduced rate of VAT to the supply of electricity for the operation of facilities used for the irrigation, lifting and the drainage of waters by irrigation consortia.

(2) Italy wishes to apply a reduced rate (10 %) to the supplies of electricity intended for the operation of facilities used for the irrigation, lifting and the drainage of waters by irrigation consortia which are considered as public law entities in charge, in accordance with national law, of the maintenance and other auxiliary work related to the drainage of waters. Moreover, it appears that no other similar actual or potential entities carry out similar activities in Italy.

(3) According to Article 39 of Directive 2006/112/EC, the supply of electricity at the final stage, from traders and distributors to final consumers, is taxed at the place where the customer effectively uses and consumes the goods. This ensures that the supply is taxed in the country where actual consumption takes place.

(4) The planned measure applying a reduced rate of VAT to the supply of electricity intended for the operation of facilities used for the irrigation, lifting and the drainage of waters is not likely to cause any distortion of competition when available to any consortium or entity operating such facilities under the same conditions.

(5) As the measure is of a general nature (since it covers all supplies intended for the operation of facilities used for the irrigation, lifting and the drainage of waters), does not provide for any exception and does not apply as a rule to any other supplies for commercial, professional or other economic activities, there is no risk of distortion of competition. Therefore, the condition laid down in Article 102 of Directive 2006/112/EC is fulfilled and Italy should be authorised to apply the measure concerned,

HAS ADOPTED THIS DECISION:

Article 1

Italy is hereby authorised to apply a reduced rate of VAT to the supply of electricity for the operation of facilities used for the irrigation, lifting and drainage of waters.

Article 2

This Decision is addressed to the Republic of Italy.

Done at Brussels, 30 April 2007. For the Commission László KOVÁCS Member of the Commission

(1) OJ L 347, 11.12.2006, p. 1. Directive as amended by Directive 2006/138/EC (OJ L 384, 29.12.2006, p. 92).
EN Official Journal of the European Union L 281/37

POLITICAL AND SECURITY COMMITTEE DECISION EUPOL AFG/1/2007

of 16 October 2007

concerning the appointment of the Head of Mission of EUPOL AFGHANISTAN

(2007/685/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union and in particular the third subparagraph of Article 25 thereof,

Having regard to Council Joint Action 2007/369/CFSP of 30 May 2007 on the establishment of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) (1) and in particular Article 10(1) thereof,

Whereas:

(1) Article 10 of Council Joint Action 2007/369/CFSP provides that the Council authorises the Political and Security Committee to take the relevant decisions in accordance with Article 25 of the Treaty, including powers to take subsequent decisions regarding the appointment of the Head of EUPOL AFGHANISTAN.

(2) In a letter dated 6 October 2007, the current Head of Mission informed the European Commission of his decision to terminate his contract, with effect from end of business on 31 October 2007.

(3) The Secretary General/High Representative has proposed the appointment of Mr Jürgen Scholz as the New Head of Mission of EUPOL AFGHANISTAN,

HAS DECIDED AS FOLLOWS:

Article 1

Mr Jürgen Scholz is hereby appointed Head of EUPOL AFGHANISTAN.

Article 2

This Decision shall take effect on 1 November 2007.

Done at Brussels, 16 October 2007. For the Political and Security Committee The President C. DURRANT PAIS

(1) OJ L 139, 31.5.2007, p. 33.
(5)

Based on data provided by the Commission (Eurostat) in accordance with Article 8g(1) of Regulation (EC) No 3605/93 following the notification by the United Kingdom on 16 July 2007 and on the Commission services' spring 2007 forecast, the following conclusions are warranted: — the general government deficit was reduced from 3,2 % of GDP in 2005/2006 to 2,7 % in 2006/2007, below the 3 % of GDP deficit reference value. This is slightly below the projection of 2,8 % of GDP set in the December 2005 update of the United Kingdom's convergence programme, — fiscal consolidation in 2006/2007 resulted from an increase in the revenue ratio of 0,4 percentage points of GDP, especially through higher corporate tax revenues. Total government expenditure between 2005/2006 and 2006/2007 grew in line with nominal GDP, although capital spending was lower than projected in the December 2006 convergence programme and current expenditure higher. Compared with 2005/2006, during which year the imputation of a one-off transaction reduced the deficit by 0,3 % of GDP, the improvement in the structural balance (i.e. the cyclically-adjusted balance net of one-off and other temporary measures) in 2006/2007 is estimated at 0,7 % of GDP, — for 2007/2008, in line with the deficit projection published in the Budget of March 2007, the Commission services' spring 2007 forecast projects the deficit to be reduced further, to 2,6 % of GDP, driven by a rise in the revenue ratio, specifically the tax burden, which is however almost completely offset by a rise in the expenditure ratio. This deficit ratio is higher than the official deficit projection of 2,3 % of GDP set in the December 2006 update of the convergence programme, on account of a downward revision in corporate taxation revenue. For 2008/2009, the spring forecast projects, on a no-policy change basis, a further decline in the deficit to 2,4 % of GDP. This profile indicates that the deficit has been brought below the 3 % of GDP ceiling in a credible and sustainable manner. In structural terms, the general government deficit is projected to fall by 0,2 percentage points of GDP in 2007/2008 and, on a no-policy change basis, by 0,3 percentage points in 2008/2009. This indicates a rather modest path of future consolidation relative to the favourable economic environment forecast, — government debt increased from 39,6 % of GDP in 2004/2005 to 42,5 % in 2006/07. According to the Commission services' spring 2007 forecast, the debt ratio is projected to increase to around 43,9 % by end-March 2009, but remaining well below the 60 % of GDP reference value. A further strengthening of the fiscal position beyond that forecast for 2008/2009 will be required to halt the increase in the debt ratio.
(2)

Technical information consists of data, processes and instructions which are necessary to check, repair and replace defective/broken/used parts of a motor vehicle or to fix failures in any of a vehicle’s systems. It includes seven main categories: — basic parameters (documentation of all reference values and set points of the measurable values concerning the vehicle, such as torque settings, brake clearance measurements, hydraulic and pneumatic pressures), — diagrams and descriptions of stages in repair and maintenance operations (service handbooks, technical documents such as work plans, descriptions of tools used to carry out a given repair, and diagrams such as wiring schematics or hydraulics), — testing and diagnosis (including diagnostic fault/trouble-shooting codes, software and other information needed to diagnose faults on vehicles) – much, but not all, of this information is contained in specialised electronic tools, — codes, software and other information needed to re-program, re-set or re-initialise the electronic control units (ECUs) embarked on a vehicle. This category is linked to the preceding one, in that often the same electronic tools are used to diagnose the fault, and then make the necessary adjustments via the ECUs to deal with it, — spare parts information, including parts catalogues with codes and descriptions, and vehicle identification methods (that is to say, data relating to a specific vehicle which enable a repairer to identify the individual codes for the parts fitted during vehicle assembly, and to identify the corresponding codes for compatible original replacement parts for that specific vehicle), — special information (recall notices and notification of frequent faults), — training materials.
EN Official Journal of the European Union L 110/16

Corrigendum to Council Decision 2008/262/EC of 28 February 2008 on the signature, on behalf of the European Union, and on the provisional application of certain provisions of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis

( Official Journal of the European Union L 83, 26 March 2008 )

On cover page and page 5:

for:

‘2008/262/EC’

read:

‘2008/262/JHA’.

This decision should be considered as published under section L III, Title VI.
EN Official Journal of the European Union L 61/19

Corrigendum to Council Decision 2008/421/EC of 5 June 2008 on the application of the provisions of the Schengen acquis relating to the Schengen Information System in the Swiss Confederation

( Official Journal of the European Union L 149 of 7 June 2008 )

On page 76, Annex I, second sentence of footnote 7:

for:

‘The manual was amended by Commission Decisions 2008/333/EC (OJ L 123, 8.5.2008, p. 1) and 2008/334/JHA (OJ L 123, 8.5.2008, p. 39).’,

read:

‘The manual was amended by Commission Decisions 2006/757/EC (OJ L 317, 16.11.2006, p. 1) and 2006/758/EC (OJ L 317, 16.11.2006, p. 41).’
EN Official Journal of the European Union L 249/47

Corrigendum to Commission Decision 2008/649/EC of 3 July 2008 accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of solutions of urea and ammonium nitrate originating in Russia

( Official Journal of the European Union L 213 of 8 August 2008 )

On page 41, in the table in Article 1:

for:

‘Open Joint Stock Company (OJSC) Mineral and Chemical Company ‘Eurochem’, member of the Eurochem group of companies, Moscow, Russia, for goods produced by its related company OJSC NAK Azot, Novomoskovsk, Russia, or by its related company OJSC Nevinnomyssky Azot, Nevinnomyssk, Russia, either sold directly to the first independent customer in the Community or the same goods sold by Eurochem Trading GmbH, Zug, Switzerland to the first independent customer in the Community’,

read:
EN Official Journal of the European Union L 343/149

Corrigendum to Commission Decision 2008/312/Euratom of 5 March 2008 establishing the standard document for the supervision and control of shipments of radioactive waste and spent fuel referred to in Council Directive 2006/117/Euratom

( Official Journal of the European Union L 107 of 17 April 2008 )

On page 58, Annex, explanatory note 33(c):

for:

‘… and submit this section directly to the competent authority which issued the authorisation. …’,

read:

‘… and submit this section directly to the competent authority of the Member State of destination. …’.
EN Official Journal of the European Union L 11/3

COUNCIL DECISION

of 10 December 2007

appointing seven members of the Court of Auditors

(2008/41/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 247(3) thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 160b(3) thereof,

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

Whereas:

(1) The terms of office of Mr Jean-François BERNICOT, Mr David BOSTOCK, Mr François COLLING, Mr Maarten B. ENGWIRDA, Mr Ioannis SARMAS, Ms Hedda VON WEDEL and Mr Hubert WEBER expire on 31 December 2007.

(2) New appointments should therefore be made,

HAS DECIDED AS FOLLOWS:

Article 1

The following are hereby appointed members of the Court of Auditors for the period from 1 January 2008 to 31 December 2013:

— Mr David BOSTOCK,

— Mr Michel CRETIN,

— Mr Maarten B. ENGWIRDA,

— Mr Henri GRETHEN,

— Mr Harald NOACK,

— Mr Ioannis SARMAS,

— Mr Hubert WEBER.

Article 2

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 10 December 2007. For the Council The President L. AMADO

(1) Opinions of 28 and 29 November 2007 (not yet published in the Official Journal).
EN Official Journal of the European Union L 15/32

COMMISSION DECISION

of 21 December 2007

amending Decision 2003/548/EC as regards the deletion of specific types of leased line from the Minimum Set of Leased Lines

(notified under document number C(2007) 6635)

(Text with EEA relevance)

(2008/60/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (1), and in particular Article 17(1) thereof,

Having regard to Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive) (2), and in particular Article 18(3) thereof,

Having consulted the Communications Committee,

Whereas:

(1) The Commission adopted Decision 2003/548/EC on 24 July 2003 on the minimum set of leased lines with harmonised characteristics and associated standards referred to in Article 18 of the Universal Service Directive (3). This minimum set included two types of analogue leased line and three types of digital leased line with speeds ranging up to 2 048 kbit/s.

(2) With the widespread migration to new network architectures, analogue types of leased line are no longer technically relevant. Demand for digital leased lines, which is increasingly for high-speed connections over and above 2 048 kbit/s, is being met by the market. Public consultation has revealed broad support from the Member States, industry associations and stakeholders to remove the five types of leased line from the current minimum set.

(3) Article 18(3) of the Universal Service Directive provides for the Commission to delete certain types of leased lines from the minimum set.

(4) The measures provided for in this Decision are in accordance with the opinion of the Communications Committee,

HAS ADOPTED THIS DECISION:

Article 1

The list entitled ‘Identification of the minimum set of leased lines with harmonised characteristics and associated standards’ is hereby deleted from the Annex to Decision 2003/548/EC.

Article 2

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 21 December 2007. For the Commission Viviane REDING Member of the Commission

(1) OJ L 108, 24.4.2002, p. 33. Directive as amended by Regulation (EC) No 717/2007 (OJ L 171, 29.6.2007, p. 32).

(2) OJ L 108, 24.4.2002, p. 51.

(3) OJ L 186, 25.7.2003, p. 43.