ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 305/37

COMMISSION DECISION

of 21 November 2005

authorising the Republic of Estonia to use certain approximate estimates for the calculation of the VAT own resources base

(notified under document number C(2005) 4423)

(Only the Estonian text is authentic)

(2005/816/EC, Euratom)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Having regard to Council Regulation (EEC, Euratom) No 1553/89 of 29 May 1989 on the definitive uniform arrangements for the collection of own resources accruing from value added tax (1), and in particular Article 13 thereof,

Whereas:

(1) Under Article 28(3) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (2), hereinafter called ‘the sixth Directive’, the Member States may continue to exempt or tax certain transactions. These transactions must be taken into account for the determination of the VAT resources base.

(2) For the application of the provisions in Article 28(3) of the sixth Directive, Paragraph 1(b) of Section 7 (Taxation) in Annex VI to the Act of Accession of the Republic of Estonia to the European Communities (3) authorises the Republic of Estonia to exempt certain transactions listed in Annex F to the sixth Directive.

(3) The Republic of Estonia is unable to make a precise calculation of the VAT own resources base for transactions listed in Annex F, point 17, to the sixth Directive. Such calculation is likely to involve an unjustified administrative burden in relation to the effect of these transactions on the Republic of Estonia’s total VAT resources base. The Republic of Estonia is able to make a calculation using approximate estimates for this category of transactions listed in Annex F to the sixth Directive. The Republic of Estonia should therefore be authorised to calculate the VAT base using approximate estimates in accordance with the second indent of Article 6(3) of Regulation (EEC, Euratom) No 1553/89.

(4) The Advisory Committee on Own Resources has approved the report recording the opinions of its members on this Decision,

HAS ADOPTED THIS DECISION:

Article 1

For the purpose of calculating the VAT own resources base from 1 May 2004, the Republic of Estonia is authorised to use approximate estimates in respect of the following category of transactions referred to in Annex F to the sixth Directive:

1. Passenger transport (Annex F, point 17).

Article 2

This Decision is addressed to the Republic of Estonia.

Done at Brussels, 21 November 2005. For the Commission Dalia GRYBAUSKAITĖ Member of the Commission

(1) OJ L 155, 7.6.1989, p. 9. Regulation as amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(2) OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive 2004/66/EC (OJ L 168, 1.5.2004, p. 35).

(3) OJ L 236, 23.9.2003, p. 812.
EN Official Journal of the European Union L 347/75

COUNCIL DECISION

of 21 December 2005

on the conclusion of an agreement in the form of an Exchange of Letters between the European Community and Japan pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994

(2005/958/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) On 22 March 2004 the Council authorised the Commission to open negotiations with certain other Members of the WTO under Article XXIV:6 of the General Agreement on Tariffs and Trade (GATT) 1994, in the course of the accessions to the European Union of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic.

(2) Negotiations have been conducted by the Commission in consultation with the Committee established by Article 133 of the Treaty and within the framework of the negotiating directives issued by the Council.

(3) The Commission has finalised negotiations for an agreement in the form of an Exchange of Letters between the European Community and Japan pursuant to Article XXIV:6 and Article XXVIII of the GATT 1994. The said agreement should therefore be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The agreement in the form of an Exchange of Letters between the European Community and Japan pursuant to Article XXIV:6 and Article XXVIII of the GATT 1994 with respect to the withdrawal of specific concessions in relation to the withdrawal of the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the European Union is hereby approved on behalf of the Community.

The text of the agreement in the form of an Exchange of Letters is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the agreement in order to bind the Community (1).

Done at Brussels, 21 December 2005. For the Council The President B. BRADSHAW

(1) The date of entry into force of the agreement will be published in the Official Journal of the European Union.
EN Official Journal of the European Union L 241/58

POLITICAL AND SECURITY COMMITTEE DECISION DARFUR/2/2005

of 29 July 2005

appointing a Head of the EU Police Team/Police Advisor to the European Union Special Representative for Sudan

(2005/654/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

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

Having regard to Council Joint Action 2005/557/CFSP of 18 July 2005 on the European Union civilian-military supporting action to the African Union mission in the Darfur region of Sudan (1), and in particular Article 4 thereof,

Whereas:

(1) On 18 July 2005 the Council adopted Joint Action 2005/556/CFSP appointing a Special Representative of the European Union (EUSR) for Sudan (2).

(2) The EUSR ensures the coordination and coherence of the EU contributions to AMIS. Under the authority of the EUSR an EU Coordination Cell in Addis Ababa (ACC), which comprises a political advisor, a military advisor and a police advisor, manages day-to-day coordination with all relevant EU actors and with the Administrative Control and Management Centre (ACMC) within the chain of command of the African Union in Addis Ababa in order to ensure coherence and timely EU support to AMIS II.

(3) The Police Advisor to the EUSR, who is also the Head of the EU Police Team, is responsible for managing day-to-day coordination of the EU police supporting actions. The Head of the EU Police Team/Police Advisor assumes day-to-day management of the police component of the supporting action and is responsible for staff and disciplinary matters.

(4) The Secretary General/High Representative, following the recommendation by the EUSR, has proposed that Douglas Brand should be appointed as Head of the EU Police Team/Police Advisor to the EUSR.

(5) Pursuant to Article 4 of Joint Action 2005/557/CFSP the Council has authorised the Political and Security Committee to appoint the Head of EU Police Team/Police Advisor to the EUSR,

HAS DECIDED AS FOLLOWS:

Article 1

Douglas BRAND is hereby appointed Head of the EU Police Team/Police Advisor to the EUSR for Sudan.

Article 2

This Decision shall take effect on the date of its adoption.

Done at Brussels, 29 July 2005. For the Political and Security Committee The Chairperson J. KING

(1) OJ L 188, 20.7.2005, p. 46.

(2) OJ L 188, 20.7.2005, p. 43.
EN Official Journal of the European Union L 36/11

COMMISSION DECISION

of 8 February 2005

on the continuation in the year 2005 of Community comparative trials and tests on propagating and planting material of Prunus domestica under Council Directive 92/34/EEC started in 2003

(2005/117/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 92/34/EEC of 28 April 1992 on the marketing of fruit plant propagating material and fruit plants intended for fruit production (1),

Having regard to Commission Decision 2002/745/EC of 5 September 2002 setting out the arrangements for Community comparative trials and tests on propagating and planting material of fruit plants under Council directive 92/34/EEC (2), and in particular Article 3 thereof,

Whereas:

(1) Decision 2002/745/EC sets out the arrangements for the comparative trials and tests to be carried out under Directive 92/34/EEC as regards Prunus domestica from 2003 to 2007.

(2) Tests and trials carried out in 2003 and 2004 should be continued in 2005,

HAS DECIDED AS FOLLOWS:

Sole Article

Community comparative trials and tests which began in 2003 on propagating and planting material of Prunus domestica shall be continued in 2005 in accordance with Decision 2002/745/EC.

Done at Brussels, 8 February 2005. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 157, 10.6.1992, p. 10. Directive as last amended by Commission Directive 2003/111/EC (OJ L 311, 27.11.2003, p. 12).

(2) OJ L 240, 7.9.2002, p. 65.
EN Official Journal of the European Union L 342/103

COMMISSION DECISION

of 23 December 2005

on the continuation in the year 2006 of Community comparative trials and tests on seeds and propagating material of Agrostis spp., D. glomerata L., Festuca spp., Lolium spp., Phleum spp., Poa spp. including mixtures and Asparagus officinalis under Council Directives 66/401/EEC and 2002/55/EC started in 2005

(Text with EEA relevance)

(2005/947/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (1),

Having regard to Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (2),

Having regard to Commission Decision 2005/5/EC of 27 December 2004 setting out the arrangements for Community comparative trials and tests on seeds and propagating material of certain plants of agricultural and vegetable species and vine under Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 92/33/EEC, 2002/54/EC, 2002/55/EC, 2002/56/EC and 2002/57/EC for the years 2005 to 2009 (3), and in particular Article 3 thereof,

Whereas:

(1) Decision 2005/5/EC sets out the arrangements for the comparative trials and tests to be carried out under Council Directives 66/401/EEC and 2002/55/EC as regards Agrostis spp., D. glomerata L., Festuca spp., Lolium spp., Phleum spp., Poa spp. including mixtures and Asparagus officinalis from 2005 to 2009.

(2) Tests and trials carried out in 2005 should be continued in 2006,

HAS DECIDED AS FOLLOWS:

Sole Article

Community comparative trials and tests which began in 2005 on seeds and propagating material of Agrostis spp., D. glomerata L., Festuca spp., Lolium spp., Phleum spp., Poa spp. including mixtures and Asparagus officinalis shall be continued in 2006 in accordance with Decision 2005/5/EC.

Done at Brussels, 23 December 2005. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ 125, 11.7.1966, p. 2298/66. Directive as last amended by Directive 2004/117/EC (OJ L 14, 18.1.2005, p. 18).

(2) OJ L 193, 20.7.2002, p. 33. Directive as last amended by Directive 2004/117/EC.

(3) OJ L 2, 5.1.2005, p. 12.
EN Official Journal of the European Union L 91/53

Corrigendum to Commission Decision 2006/635/Euratom of 4 April 2006 on the conclusion, by way of signature, of and Agreement for Co-operation in the Peaceful Uses Nuclear Energy between the European Atomic Energy Community (Euratom) and the Cabinet of Ministers of Ukraine

( Official Journal of the European Union L 261 of 22 September 2006 )

On the cover in the contents and on page 26 in the title and the signature:

for:

‘4 April 2006’,

read:

‘4 April 2005’.
EN Official Journal of the European Union L 46/31

COUNCIL DECISION

of 14 February 2006

appointing a German member of the European Economic and Social Committee

(2006/97/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,

Having regard to the Council Decision 2002/758/EC, Euratom of 17 September 2002 appointing the members of the Economic and Social Committee for the period from 21 September 2002 to 20 September 2006 (1),

Having regard to the nomination submitted by the German government,

Having regard to the opinion of the European Commission,

Whereas:

A member’s seat on the European Economic and Social Committee has fallen vacant following the resignation of Mr Alfred GEISSLER, of which the Council was informed on 19 July 2005,

HAS DECIDED AS FOLLOWS:

Article 1

Mr Wilfried WOLLER is hereby appointed a member of the European Economic and Social Committee in place of Mr Alfred GEISSLER for the remainder of his term of office, namely until 20 September 2006.

Article 2

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

It shall take effect on the date of its adoption.

Done at Brussels, 14 February 2006. For the Council The President K.-H. GRASSER

(1) OJ L 253, 21.9.2002, p. 9.
EN Official Journal of the European Union L 89/56

DECISION OF THE EUROPEAN CENTRAL BANK

of 13 March 2006

amending Decision ECB/2002/11 on the annual accounts of the European Central Bank

(ECB/2006/3)

(2006/248/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 to Article 26.2 thereof,

Whereas:

For reasons of increased transparency, it is necessary to clarify the presentation of the European Central Bank (ECB) pension scheme in the ECB’s accounts. Annex II to Decision ECB/2002/11 of 5 December 2002 on the annual accounts of the European Central Bank (1) should be amended to reflect the inclusion of this item on the liability side of the ECB’s balance sheet under item 12 ‘Other Liabilities’,

HAS DECIDED AS FOLLOWS:

Article 1

Amendments

Annex II of Decision ECB/2002/11 is amended in accordance with the Annex to this Decision.

Article 2

Entry into force

This Decision shall enter into force on the day of its adoption.

Done at Frankfurt am Main, 13 March 2006. The President of the ECB Jean-Claude TRICHET

(1) OJ L 58, 3.3.2003, p. 38. Decision as amended by Decision ECB/2005/12 (OJ L 311, 26.11.2005, p. 43).
EN Official Journal of the European Union L 81/45

COUNCIL DECISION 2006/228/JHA

of 9 March 2006

fixing the date of application of certain provisions of Decision 2005/211/JHA concerning the introduction of some new functions for the Schengen Information System, including the fight against terrorism

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Decision 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (1), and in particular to Article 2(4) thereof,

Whereas:

(1) Decision 2005/211/JHA specifies that the provisions of Article 1 of that Decision shall apply from a date fixed by the Council, as soon as the necessary preconditions have been fulfilled, and that the Council may decide to fix different dates for the application of different provisions. Those preconditions have been fulfilled in respect of Article 1(7) of Decision 2005/211/JHA, new Article 100(3)(f).

(2) As regards Switzerland, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement signed between the European Union, the European Community and the Swiss Confederation concerning the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis (2), which falls in the area referred to in Article 1(G) of Decision 1999/437/EC (3) read in conjunction with Article 4(1) of the Council Decisions 2004/849/EC (4) on the signing on behalf of the European Union and 2004/860/EC (5) on the signing on behalf of the European Community, and on the provisional application of certain provisions of that Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

Article 1(7) of Decision 2005/211/JHA, new Article 100(3)(f), shall apply from 31 March 2006.

Article 2

This Decision shall take effect on the date of its adoption. It shall be published in the Official Journal of the European Union.

Done at Brussels, 9 March 2006. For the Council The President J. PRÖLL

(1) OJ L 68, 15.3.2005, p. 44.

(2) Council doc. 13054/04 accessible on http://register.consilium.eu.int

(3) OJ L 176, 10.7.1999, p. 31.

(4) OJ L 368, 15.12.2004, p. 26.

(5) OJ L 370, 17.12.2004, p. 78.
EN Official Journal of the European Union L 99/29

COMMISSION DECISION

of 5 April 2006

amending Decision 2002/613/EC as regards the approved porcine semen collection centres of Canada

(notified under document number C(2006) 1258)

(Text with EEA relevance)

(2006/271/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 90/429/EEC of 26 June 1990 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species (1) and in particular Article 8(1) thereof,

Whereas:

(1) Commission Decision 2002/613/EC of 19 July 2002 laying down the importation conditions of semen of domestic animals of the porcine species (2) establishes a list of third countries, including Canada, from which Member States are to authorise the importation of semen of domestic animals of the porcine species.

(2) Canada has requested that an amendment be made to the list of semen collection centres approved under Decision 2002/613/EC as regards entries for that country.

(3) Canada has provided guarantees regarding compliance with the appropriate rules set out in Directive 90/429/EEC and the new centre to be added to the list has been officially approved for exports to the Community by the veterinary services of that country.

(4) Decision 2002/613/EC should therefore be amended accordingly.

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

HAS ADOPTED THIS DECISION:

Article 1

Annex V to Decision 2002/613/EC is amended in accordance with the Annex to this Decision.

Article 2

This Decision shall apply from 10 April 2006.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 5 April 2006. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 224, 18.8.1990, p. 62. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(2) OJ L 196, 25.7.2002, p. 45. Decision as last amended by Decision 2004/456/EC (OJ L 156, 30.4.2004, p. 49, corrected by OJ L 202, 7.6.2004, p. 33).
EN Official Journal of the European Union L 115/37

COUNCIL DECISION

of 10 April 2006

appointing three Slovak members and three Slovak alternate members of the Committee of the Regions

(2006/309/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,

Having regard to the proposal from the Slovak Government,

Whereas:

(1) On 24 January 2006 the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

(2) Three members' seats on the Committee of the Regions have become vacant following the expiry of the mandates of Mr BAUER, Mr MARČOK and Mr TARČÁK (members). Three alternate members' seats on the Committee of the Regions have become vacant following the expiry of the mandates of Mr ŠTEFANEC, Mr TOMEČEK and Ms DEMETEROVÁ (alternate members),

HAS DECIDED AS FOLLOWS:

Article 1

The following are hereby appointed to the Committee of the Regions:

(a) as members: — Mr Juraj BLANÁR, President of the Zilina Self-governing Region, — Mr Milan MURGAŠ, President of the Banská Bystrica Self-governing Region, — Mr Zdenko TREBUL'A, President of the Kosice Self-governing Region;

(b) as alternate members: — Mr Pavol SEDLÁČEK, President of the Trencin Self-governing Region, — Mr Vladimír BAJAN, President of the Bratislava Self-governing Region, — Mr Tibor MIKUŠ, President of the Trnava Self-governing Region,

for the remainder of the term of office, which ends on 25 January 2010.

Article 2

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

It shall take effect on the day of its adoption.

Done at Luxembourg, 10 April 2006. For the Council The President U. PLASSNIK

(1) OJ L 56, 25.2.2006, p. 75.
EN Official Journal of the European Union L 107/42

COMMISSION DECISION

of 12 April 2006

amending Decision 2004/639/EC as regards Croatia

(notified under document number C(2006) 1541)

(Text with EEA relevance)

(2006/292/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 88/407/EEC of 14 June 1988 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species (1), and in particular Article 8(1) thereof,

Whereas:

(1) Commission Decision 2004/639/EC of 6 September 2004 laying down the importation conditions of semen of domestic animals of the bovine species (2) sets out inter alia the list of third countries from which bovine semen may be imported.

(2) Croatia should be added to that list of third countries from which imports are authorised in the light of the situation achieved with regard to animal health in Croatia.

(3) Decision 2004/639/EC should therefore be amended accordingly.

(4) 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

Annex I to Decision 2004/639/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, 12 April 2006. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 194, 22.7.1988, p. 10. Directive as last amended by Commission Decision 2006/16/EC (OJ L 11, 17.1.2006, p. 21).

(2) OJ L 292, 15.9.2004, p. 21. Decision as last amended by Decision 2006/16/EC.