ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 357/34

COUNCIL DECISION

of 19 November 2004

appointing a German member of the Economic and Social Committee

(2004/818/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 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 obtained the opinion of the Commission of the European Union,

HAS DECIDED AS FOLLOWS:

Sole Article

Mr Alfred GEISSLER is hereby appointed a member of the Economic and Social Committee in place of Mr Ulrich FREESE for the remainder of the latter's term of office, which runs until 20 September 2006.

Done at Brussels, 19 November 2004. For the Council The President J. P. H. DONNER

(1) OJ L 253, 21.9.2002, p. 9.
EN Official Journal of the European Union L 187/7

COUNCIL DECISION

of 7 May 2004

appointing members of the Court of Auditors

(2004/499/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 247(1), (2) and (3) thereof,

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

Having regard to the Act concerning the conditions of accession 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, and to the adjustments to the Treaties on which the European Union is founded, and in particular Article 47 thereof,

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

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

The following are hereby appointed members of the Court of Auditors for a period of six years with effect from the date of adoption of this Decision:

Mr Jan KINŠT

Ms Kersti KALJULAID

Mr Igors LUDBORŽS

Ms Irena PETRUŠKEVIČIENĖ

Mr Gejza HALÁSZ

Mr Josef BONNICI

Mr Jacek UCZKIEWICZ

Mr Vojko Anton ANTONČIČ

Mr Július MOLNÁR.

Article 2

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

Article 3

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

Done at Brussels, on 7 May 2004. For the Council The President C. McCREEVY

(1) Opinions delivered on 5 May 2004 (not yet published in the Official Journal).
Commission Decision

of 17 March 2004

amending Decision 1999/813/EC laying down special conditions governing imports of fishery products originating in the Socialist Republic of Vietnam, as regards the designation of the competent authority and the model of health certificate

(notified under document number C(2004) 825)

(Text with EEA relevance)

(2004/267/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products(1), and in particular Article 11(1) thereof,

Whereas:

(1) In Commission Decision 1999/813/EC(2), the "National Fisheries Inspection and Quality Assurance Center (NAFIQACEN) of the Ministry of Fisheries" is identified as the competent authority in Vietnam for verifying and certifying compliance of fishery and aquaculture products with the requirements of Directive 91/493/EEC.

(2) Following a restructuring of the Vietnamese administration, the competent authority has changed to the "National Fisheries Quality Assurance and Veterinary Directorate (NAFIQAVED)". This new authority is capable of effectively verifying the application of the rules in force.

(3) The NAFIQAVED has provided official assurances on compliance with the standards for health controls and monitoring of fishery and aquaculture products as set out in Directive 91/493/EEC and on the fulfilment of hygienic requirements equivalent to those laid down in that Directive.

(4) Decision 1999/813/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 the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

Decision 1999/813/EC is amended as follows:

1. Article 1 is replaced by the following:

"Article 1

The 'National Fisheries Quality Assurance and Veterinary Directorate (NAFIQAVED)' shall be the competent authority in Vietnam for verifying and certifying compliance of fishery and aquaculture products with the requirements of Directive 91/493/EEC."

2. In Article 3, paragraph 2 is replaced by the following:

"2. Certificates must bear the name, capacity and signature of the representative of the NAFIQAVED and the latter's official stamp in a colour different from that of other endorsements."

3. Annex I is replaced by the text in the Annex to this Decision.

Article 2

This Decision shall apply from 4 May 2004.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 17 March 2004.

For the Commission

David Byrne

Member of the Commission

(1) OJ L 268, 24.9.1991, p. 15, Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(2) OJ L 315, 9.12.1999, p. 39, Decision as amended by Decision 2000/331/EC (OJ L 114, 13.5.2000, p. 39).

ANNEX

"ANNEX I

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EN Official Journal of the European Union L 244/50

COUNCIL DECISION

of 12 July 2004

appointing a new member of the Commission of the European Communities

(2004/549/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the second paragraph of Article 215 thereof,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

Mr Olli REHN is hereby appointed a member of the Commission for the period from 12 July 2004 to 31 October 2004.

Article 2

This Decision shall take effect on 12 July 2004.

Article 3

This Decision shall be published in the Official Journal of the European Union.
EN Official Journal of the European Union L 251/19

COUNCIL DECISION 2004/566/JHA

of 26 July 2004

amending Decision 2000/820/JHA establishing a European Police College (CEPOL)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 30(1)(c) and Article 34(2)(c) thereof,

Having regard to the initiative of Ireland (1),

Having regard to the opinion of the European Parliament (2),

Whereas:

(1) The European Police College (CEPOL) established by Decision 2000/820/JHA (3) presently does not have legal personality.

(2) In the review of activities in the first three-year period the lack of legal personality has been identified as one of the major obstacles to the proper functioning of CEPOL.

(3) It is appropriate that CEPOL be given the legal and contractual capacity available to legal persons.

(4) This amendment is without prejudice to any other future amendments, in particular those that might be considered necessary following the review of activities in the first three-year period,

HAS DECIDED AS FOLLOWS:

Article 1

Decision 2000/820/JHA is hereby amended as follows:

1. the following Article shall be inserted: ‘Article 4a 1. CEPOL shall have legal personality. 2. CEPOL shall enjoy in each Member State the most extensive legal and contractual capacity available to legal persons under that State's law. CEPOL may in particular acquire and dispose of movable or immovable property and be a party to legal proceedings. 3. The administrative director referred to in Article 4(2) shall be CEPOL’s legal representative.’;

2. in Article 5(4): (a) point (d) shall be replaced by the following: ‘(d) general operating costs of the secretariat, without prejudice to point (f);’ (b) point (f) shall be replaced by the following: ‘(f) remuneration of members of the secretariat and/or reimbursement, in proportion to Member States' contributions, of the costs incurred by the Member State(s) paying the remuneration of members of the secretariat.’

Article 2

This Decision shall take effect on the day following that of its publication.

Article 3

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

Done at Brussels, 26 July 2004. For the Council The President B. BOT

(1) OJ C 1, 6.1.2004, p. 8.

(2) Opinion delivered on 20 April 2004 (not yet published in the Official Journal).

(3) OJ L 336, 30.12.2000, p. 1.
EN Official Journal of the European Union L 349/56

COUNCIL DECISION 2004/795/CFSP

of 22 November 2004

extending the mandate of the Head of Mission of the European Union Monitoring Mission (EUMM)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 23(2) thereof,

Having regard to Council Joint Action 2002/921/CFSP of 26 November 2002 extending the mandate of the European Union Monitoring Mission (1), and in particular Article 5(1) thereof,

Whereas:

(1) On 5 December 2003, the Council adopted Decision 2003/853/CFSP (2) extending the mandate of Ms Maryse DAVIET as Head of Mission of the European Monitoring Mission (EUMM). This Decision expires on 31 December 2004.

(2) On 22 November 2004, the Council adopted Joint Action 2004/794/CFSP prolonging Joint Action 2002/921/CFSP extending the mandate of the European Union Monitoring Mission (EUMM) (3).

(3) The mandate of the Head of Mission of the EUMM should therefore also be extended,

HAS DECIDED AS FOLLOWS:

Article 1

The mandate of Ms Maryse DAVIET as Head of Mission of the EUMM is hereby extended.

Article 2

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

It shall apply until 31 December 2005.

Article 3

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

Done at Brussels, 22 November 2004. For the Council The President B. R. BOT

(1) OJ L 321, 26.11.2002, p. 51 and corrigendum in OJ L 324, 29.11.2002, p. 76. Joint Action as amended by Joint Action 2003/852/CFSP (OJ L 322, 9.12.2003, p. 31).

(2) OJ L 322, 9.12.2003, p. 32.

(3) See page 55 of this Official Journal.
Council Decision

of 22 December 2003

on downgrading Annex 5 to the Common Consular Instructions and the corresponding Annex 14b to the Common Manual and on declassifying Annexes 9 and 10 to the Common Consular Instructions and the corresponding Annexes 6b and 6c to the Common Manual

(2004/16/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 207 thereof,

Whereas:

(1) Pursuant to its Decisions of 14 December 1993 (SCH/Com-ex (93)22 rev) and of 23 June 1998 (SCH/Com-ex (98)17), the Executive Committee established by the Convention implementing the Schengen Agreement of 14 June 1985, classified as "Confidential" Annexes 5, 9 and 10 to the Common Consular Instructions and all Annexes of the Common Manual(1), a new version of which was adopted by the Decision of the said Executive Committee on 28 April 1999 (SCH/Com-ex (99)13).

(2) The Common Consular Instructions and the Common Manual and the Decisions of the Executive Committee on their classification form part of the Schengen acquis as defined by the Council in its Decision 1999/435/EC(2).

(3) Part I and several Annexes to the Common Manual have been declassified in accordance with Council Decision 2000/751/EC(3) and Part II to the Common Manual has been declassified in accordance with Council Decision 2002/353/EC(4).

(4) Annex 5 to the Common Consular Instructions and the corresponding Annex 14b to the Common Manual should be downgraded and Annexes 9 and 10 to the Common Consular Instructions and the corresponding Annexes 6b and 6c to the Common Manual should be declassified.

(5) It is appropriate to repeal the Executive Committee decisions (SCH/Com-ex (93)22 rev) and (SCH/Com-ex (98)17), and to take future decisions on classification of documents constituting part of the Schengen acquis in accordance with the rules on the classification of documents set out in Council Decision 2001/264/EC of 19 March 2001 adopting the Council's security regulations(5),

HAS DECIDED AS FOLLOWS:

Article 1

Annex 5 to the Common Consular Instructions and the corresponding Annex 14b to the Common Manual shall be downgraded to "RESTREINT EU" and Annexes 9 and 10 to the Common Consular Instructions, as well as the corresponding Annexes 6b and 6c to the Common Manual, shall be declassified.

Article 2

Annexes 9 and 10 to the Common Consular Instructions and the corresponding Annexes 6b and 6c to the Common Manual shall be published in the Official Journal of the European Union.

Article 3

The decisions of the Schengen Executive Committee of 14 December 1993 (SCH/Com-ex (93)22 rev) and of 23 June 1998 (SCH/Com-ex (98)17) are repealed.

Article 4

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

Done at Brussels, 22 December 2003.

For the Council

The President

A. Matteoli

(1) OJ C 313, 16.12.2002, p. 97. The Common Manual as amended by Council Regulation (EC) No 693/2003 (OJ L 99, 17.4.2003, p. 8).

(2) OJ L 176, 10.7.1999, p. 1.

(3) OJ L 303, 2.12.2000, p. 29.

(4) OJ L 123, 9.5.2002, p. 49.

(5) OJ L 101, 11.4.2001, p. 1.
EN Official Journal of the European Union L 324/20

POLITICAL AND SECURITY COMMITTEE DECISION BiH/1/2004

of 21 September 2004

on the acceptance of third States' contributions to the European Union military operation in Bosnia and Herzegovina

(2004/732/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

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

Having regard to the Council Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina (1), and in particular Article 11(2) thereof on the participation of third States,

Whereas:

(1) Upon request of the Political and Security Committee and in accordance with the tasking by the European Union Military Committee (EUMC), the EU Operation Commander and EU Force Commander have conducted the Force Generation and Manning Conferences on 15 September 2004.

(2) On 20 September 2004, following the recommendation of the EU Operation Commander on third States' contributions, the EUMC agreed to recommend to the Political and Security Committee to accept these third States' contributions.

(3) The Copenhagen European Council adopted on 12 and 13 December 2002 a Declaration stating that the ‘Berlin plus’ arrangements and the implementation thereof will apply only to those EU Member States which are also either NATO members or parties to the ‘Partnership for Peace’, and which have consequently concluded bilateral security agreements with NATO,

HAS DECIDED AS FOLLOWS:

Article 1

Third States' contributions

Following Force Generation and Manning Conferences, contributions from the third States set out in the Annex are accepted for the EU military operation in Bosnia and Herzegovina.

Article 2

Entry into force

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

Done at Brussels, 21 September 2004. For the Political and Security Committee The Chairperson A. HAMER

(1) OJ L 252, 28.7.2004, p. 10.
EN Official Journal of the European Union L 307/7

COMMISSION DECISION

of 26 August 2004

concerning a request from the Republic of Malta to apply a reduced rate of VAT to the supply of electricity

(notified under document number C(2004) 3240)

(2004/673/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the 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 (1), as last amended by Directive 2004/66/EC (2), and in particular Article 12(3)(b) thereof,

Whereas:

(1) By letter registered at the Commission on 18 June 2004 the Republic of Malta informed the Commission of its intention of applying a reduced rate of VAT to the supply of electricity.

(2) The planned measure is a general one applying a reduced rate of VAT to the supply of electricity under Article 12(3)(b) of the Sixth VAT Directive.

(3) Since Malta’s electricity system is small and isolated, there is no risk of distorting competition on the internal market. At present Malta does not use natural gas because it has no gas network or connection.

(4) Moreover, the VAT rules regarding the place of supply of electricity, as laid down in the Sixth VAT Directive, were amended by Directive 2003/92/EC (3). The supply of electricity in the final stage, from traders and distributors to final consumer, is taxed at the place where the customer has effective use and consumption of the goods, in order to ensure that taxation takes place in the country where actual consumption takes place.

(5) Since the measure is a general one with no provision for exceptions, the risk of distortion of competition must be deemed non-existent. Since the condition laid down by Article 12(3)(b) of the Sixth Directive is thus fulfilled, Malta should be able to apply the measure concerned as soon as this Decision is notified,

HAS ADOPTED THIS DECISION:

Article 1

Malta may apply the measure notified in its letter of 18 June 2004, applying a reduced rate of VAT to the supply of electricity irrespective of the conditions of production and supply.

Article 2

This Decision is addressed to the Republic of Malta.

Done at Brussels, 26 August 2004. For the Commission Frederik BOLKESTEIN Member of the Commission

(1) OJ L 145, 13.6.1977, p. 1.

(2) OJ L 168, 1.5.2004, p. 35.

(3) OJ L 260, 11.10.2003, p. 8.
Commission Decision

of 2 March 2004

on protective measures with regard to certain live animals and animal products originating in or coming from Albania

(notified under document number C(2004) 618)

(Text with EEA relevance)

(2004/225/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC(1), and in particular Article 18(1) thereof,

Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(2), and in particular Article 22(1) thereof,

Whereas:

(1) Commission Decision 94/621/EC of 20 September 1994 on protective measures with regard to certain live animals and animal products originating in or coming from Albania(3) has been substantially amended several times(4). In the interests of clarity and rationality the said Decision should be codified.

(2) Cases of cholera have been found in Albania.

(3) The presence of cholera in Albania is likely to constitute a serious danger to public health.

(4) In the absence of health guarantees from the Albanian authorities, it is necessary to prohibit imports of bivalve molluscs, echinoderms, tunicates and marine gastropods in any form, as well as live fish and shellfish carried in water, originating in or coming from Albania.

(5) 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

Member States shall prohibit the importation of bivalve molluscs, echinoderms, tunicates and marine gastropods in any form, as well as live fish and shellfish carried in water, originating in or coming from Albania.

Article 2

Decision 94/621/EC is repealed.

References to the repealed Decision shall be construed as references to this Decision and shall be read in accordance with the correlation table in Annex II.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 2 March 2004.

For the Commission

David Byrne

Member of the Commission

(1) OJ L 268, 24.9.1991, p. 56; Directive as amended by Directive 96/43/EC (OJ L 162, 1.7.1996, p. 1).

(2) OJ L 24, 30.1.1998, p. 9.

(3) OJ L 246, 21.9.1994, p. 25; Decision as last amended by Decision 95/89/EC (OJ L 70, 30.3.1995, p. 25).

(4) See Annex I.

ANNEX I

Repealed Decision with its successive amendments

>TABLE>

ANNEX II

Correlation Table

>TABLE>
EN Official Journal of the European Union L 389/33

COMMISSION DECISION

of 27 December 2004

concerning the funding by the Community of a Eurobarometer survey on the attitudes of consumers towards the welfare of farmed animals

(2004/921/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), and in particular Article 17 thereof,

Whereas:

(1) Under Decision 90/424/EEC, the Community shall make a financial contribution to the establishment of an information policy in the field of animal protection.

(2) This information policy includes, inter alia, the performance of studies necessary for the preparation and development of legislation in the field of animal protection.

(3) The performance of a survey assessing the attitudes of consumers towards the welfare of farmed animals, forms part of this information policy in the field of animal protection, and the financial resources necessary for the Community to perform this survey should therefore be engaged and granted subject to the planned survey having been efficiently carried out.

(4) This survey will be carried out in the form of a specific Eurobarometer study within the scope of the Framework Contract (2), concluded between the European Community, represented by the European Commission and TNS Opinion and Survey a consortium formed by Taylor Nelson Sofres plc and EOS Gallup Europe, represented by the coordinating centre the European Omnibus Survey ‘EOS Gallup Europe’.

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

DECIDES:

Sole Article

The action to perform a survey on the attitudes of consumers towards the welfare of farmed animals, to be financed from budget heading 17 04 02 of the budget of the European Union for a maximum amount of EUR 200 000, is hereby approved. This survey will be carried out in the form of a specific Eurobarometer study within the scope of the Framework Contract concluded between the European Community, represented by the European Commission and TNS Opinion and Survey a consortium formed by Taylor Nelson Sofres plc and EOS Gallup Europe, represented by the coordinating centre the European Omnibus Survey ‘EOS Gallup Europe’.

Done at Brussels, 27 December 2004. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 224, 18.8.1990, p. 19. Decision as last amended by Directive 2003/99/EC of the European Parliament and of the Council (OJ L 325, 12.12.2003, p. 31).

(2) Contract No PRESS-B-1/2003-25/B1 of 24.8.2004.