ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 298/23

COUNCIL DECISION

of 13 September 2004

amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditor of the Banca d’Italia

(2004/651/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/2004/17 of the European Central Bank of 30 July 2004 to the Council of the European Union on the external auditor of the Banca d'Italia (1),

Whereas:

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

(2) The mandate of the current external auditors of the Banca d'Italia has expired and will not be renewed. It is therefore necessary to appoint external auditors from the financial year 2004.

(3) The Governing Council of the ECB recommended the Council to approve the appointment, starting from the financial year 2004, for a renewable period of three years, of new external auditors of the Banca d'Italia, which were selected by it in accordance with its public procurement rules.

(4) It is appropriate to follow the recommendation of the Governing Council of the ECB and to amend Decision 1999/70/EC (2) accordingly,

HAS DECIDED AS FOLLOWS:

Article 1

Article 1(6) of Decision 1999/70/EC shall be replaced by the following:

‘6. PricewaterhouseCoopers SpA is hereby approved as the external auditor of the Banca d'Italia as from the financial year 2004, for a renewable period of three years.’

Article 2

This Decision shall be notified to the European Central Bank.

Article 3

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

Done at Brussels, 13 September 2004. For the Council The President B. R. BOT

(1) OJ C 202, 10.8.2004, p. 1.

(2) OJ L 22, 29.1.1999, p. 69. Decision as last amended by Decision 2003/799/EC (OJ L 299, 18.11.2003, p. 23).
EN Official Journal of the European Union L 312/18

COUNCIL DECISION

of 8 June 2004

appointing a German member of the Committee of the Regions

(2004/684/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 German Government,

Whereas:

(1) On 22 January 2002 (1) the Council adopted a Decision appointing the members and alternate members of the Committee of the Regions.

(2) A seat as a member of the Committee of the Regions has become vacant following the resignation of Mr Berndt RÖDER, notified to the Council on 5 May 2004,

HAS DECIDED AS FOLLOWS:

Sole Article

Mr Rolf HARLINGHAUSEN, Mitglied des Europaausschusses der Hamburgischen Bürgerschaft, is hereby appointed a member of the Committee of the Regions in place of Mr Berndt RÖDER for the remainder of his term of office, which runs until 25 January 2006.

Done at Luxembourg, 8 June 2004. For the Council The President M. McDOWELL

(1) OJ L 24, 26.1.2002, p. 38.
EN Official Journal of the European Union L 357/33

COUNCIL DECISION

of 19 November 2004

authorising Germany to apply a measure derogating from Article 17 of the Sixth Directive 77/388/EEC on the harmonisation of the laws of the Member States relating to turnover taxes

(2004/817/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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), and in particular Article 27(1) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) In a letter registered by the Commission’s Secretariat-General on 22 March 2004 the German authorities requested authorisation to continue to apply a derogation which had been granted by Article 1 of Council Decision 2000/186/EC (2).

(2) The other Member States were informed of the request on 6 August 2004.

(3) The derogating measure is intended to exclude expenditure on goods and services completely, from the right to deduct VAT when the goods and services are used more than 90 % for the private purposes of the taxable person, or of his employees, or for non-business purposes in general. This measure is a derogation from Article 17 of Directive 77/388/EEC, as amended by Article 28f of that Directive, and is justified by the need to simplify the procedure for charging VAT; it affects the amount of tax due at the final consumption stage only to a negligible extent.

(4) The authorisation expired on 30 June 2004 (3), although the legal situation and the facts which justified application of the simplification measure in question have not changed and continue to exist.

(5) In its recent judgment of 29 April 2004 in case C-17/01, the Court decided that consideration of the procedure prior to the adoption of Decision 2000/186/EC of 28 February 2000 had disclosed no irregularity such as to affect the validity of that decision. Germany should therefore be authorised to apply the simplification measure during a further period of time until 31 December 2009.

(6) The derogation will not adversely affect the Communities' own resources from VAT,

HAS ADOPTED THIS DECISION:

Article 1

By way of derogation from Article 17(2) of Directive 77/388/EEC Germany is authorised to exclude expenditure on goods and services from the right to deduct VAT when the goods and services in question are used more than 90 % for the private purposes of a taxable person or of his employees, or, more generally, for non-business purposes.

Article 2

This Decision shall apply until 31 December 2009.

Article 3

This Decision is addressed to the Federal Republic of Germany.

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

(1) 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).

(2) OJ L 59, 4.3.2000, p. 12.

(3) Decision 2003/354/EC (OJ L 123, 17.5.2003, p. 47).
EN Official Journal of the European Union L 375/27

COUNCIL DECISION

of 20 December 2004

on the withdrawal by the European Community from the Convention on Fishing and Conservation of the Living Resources in the Baltic Sea and Belts

(2004/890/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 in conjunction with Article 300(2) and the first subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission,

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

Whereas:

(1) The Community is a Contracting Party to the Convention on Fishing and Conservation of the Living Resources in the Baltic Sea and Belts (2) (‘the Gdansk Convention’).

(2) Article XIX of the Gdansk Convention provides for the withdrawal from the Convention by a Contracting Party.

(3) Estonia, Latvia, Lithuania and Poland have an obligation to take the necessary steps to withdraw from the Gdansk Convention on 1 May 2004 or at the earliest possible date thereafter in accordance with Article 6(12) of the 2003 Act of Accession.

(4) Following the withdrawal of those new Member States, the Community and the Russian Federation will be the only remaining Contracting Parties to the Gdansk Convention and approximately 95 % of the Convention area will be Community waters.

(5) The maintenance of an international fisheries organisation for the purpose of managing fisheries in waters that fall entirely under the jurisdiction of only two Parties would be disproportionate and inefficient. The Community should therefore withdraw from the Gdansk Convention,

HAS DECIDED AS FOLLOWS:

Article 1

The European Community shall withdraw from the Convention on Fishing and Conservation of the Living Resources in the Baltic Sea and the Belts.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to notify the Depositary of the Convention on Fishing and Conservation of the Living Resources in the Baltic Sea and the Belts of the withdrawal of the Community from the Convention.

Done at Brussels, 20 December 2004. For the Council The President P. VAN GEEL

(1) Opinion delivered on 14 December 2004 (not yet published in the Official Journal).

(2) OJ L 237, 26.8.1983, p. 4.
20040429

Council decision

of 29 April 2004

concerning the conclusion of the Cooperation Agreement between the European Community and the Islamic Republic of Pakistan

(2004/870/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 133 and 181, in conjunction with the first sentence of Article 300(2) and the first subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission [1],

Having regard to the opinion of the European Parliament,

Whereas:

(1) The Commission has negotiated on behalf of the Community a Cooperation agreement between the European Community and the Islamic Republic of Pakistan.

(2) The Agreement has been signed, on behalf of the Community subject to its conclusion.

(3) Under Article 177 of the Treaty, Community policy in the sphere of development cooperation is to foster the sustainable economic and social development of the developing countries, their smooth and gradual integration into the world economy and the campaign against poverty in these countries.

(4) The Community should approve, in pursuit of its objectives in the sphere of external relations, the Cooperation Agreement between the European Community and the Islamic Republic of Pakistan,

HAS DECIDED AS FOLLOWS:

Article 1

The Cooperation Agreement between the European Community and the Islamic Republic of Pakistan is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council shall give the notification provided for in Article 23 of the Agreement.

Article 3

The Commission, assisted by representatives of the Member States, shall represent the Community in the Joint Commission provided for in Article 16 of the Agreement.

Article 4

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

Done at Luxembourg, 29 April 2004.

For the Council

The President

M. McDowell

[1] OJ C 17, 22.1.1999, p. 6.

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EN Official Journal of the European Union L 348/47

COUNCIL DECISION 2004/792/CFSP

of 22 November 2004

extending and amending Decision 1999/730/CFSP implementing Joint Action 1999/34/CFSP with a view to a European Union contribution to combating the destabilising accumulation and spread of small arms and light weapons in Cambodia

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 1999/34/CFSP of 17 December 1998 on the European Union's contribution to combating the destabilising accumulation and spread of small arms and light weapons (1), and in particular Article 6 thereof,

Whereas:

(1) On 15 November 1999 the Council adopted Decision 1999/730/CFSP concerning a European Union contribution to combating the destabilising accumulation and spread of small arms and light weapons in Cambodia (2) which was aimed at implementing Joint Action 1999/34/CFSP.

(2) Some objectives could not be fulfilled by 15 November 2004, the date on which Decision 1999/730/CFSP expires, and others should be consolidated and expanded after that date. The project in question is a multi-annual project.

(3) Decision 1999/730/CFSP should therefore be extended and amended,

HAS DECIDED AS FOLLOWS:

Article 1

Decision 1999/730/CFSP is hereby amended as follows:

1. in Article 3(1), the financial reference amount ‘EUR 1 436 953’ shall be replaced by ‘EUR 1 375 565’;

2. in Article 4 second subparagraph, ‘15 November 2004’ shall be replaced by ‘15 November 2005’.

Article 2

This decision shall take effect on 16 November 2004.

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 9, 15.1.1999, p. 1.

(2) OJ L 294, 16.11.1999, p. 5.
EN Official Journal of the European Union L 341/23

COUNCIL DECISION

of 26 July 2004

appointing a German alternate member of the Committee of the Regions

(2004/768/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 German Government,

Whereas:

(1) On 22 January 2002 the Council adopted Decision 2002/60/EC appointing the members and alternate members of the Committee of the Regions (1).

(2) A seat as an alternate member of the Committee of the Regions has become vacant following the resignation of Mr Ole VON BEUST, notified to the Council on 7 July 2004,

HAS DECIDED AS FOLLOWS:

Sole Article

Mr Roger KUSCH, Justizsenator, is hereby appointed an alternate member of the Committee of the Regions in place of Mr Ole VON BEUST for the remainder of his term of office, which runs until 25 January 2006.

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

(1) OJ L 24, 26.1.2002, p. 38.
EN Official Journal of the European Union L 336/40

COUNCIL DECISION

of 2 November 2004

appointing a member of the Court of Auditors

(2004/759/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 2003 Act of Accession, and in particular Article 47 thereof,

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

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

Mr Kikis KAZAMIAS is hereby appointed a member of the Court of Auditors for a period of six years with effect from the date of adoption of this Decision.

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, 2 November 2004. For the Council The President B. R. BOT

(1) Opinion delivered on 28 October 2004 (not yet published in the Official Journal).

(2) OJ L 187, 26.5.2004, p. 7.
3.

The following Article lb is inserted: ‘Article 1b 1. By way of derogation from Article 1 a, Member States shall authorise the transit by road or by rail through the Community, between designated Community border inspection posts listed in Annex to Decision 2001/881/EC, of consignments coming from and destined to Russia directly or via another third country provided that the following conditions are met: (a) the consignment shall be sealed with a serially numbered seal at the border inspection post of entry to the EC by the veterinary services of the competent authority; (b) the documents accompanying the consignment and referred to in Article 7 of Directive 97/78/EC shall be stamped “ONLY FOR TRANSIT TO RUSSIA VIA THE EC” on each page by the official veterinarian of the competent authority responsible for the BIP; (c) the procedural requirements provided for in Article 11 of Directive 97/78/EC shall be complied with; (d) the consignment is certified as acceptable for transit on the Common Veterinary Entry Document by the Official Veterinarian of the Border Inspection Post of introduction. 2. unloading or storage, as defined in Article 12 (4) or Article 13 of Directive 97/78/EC, on EC territory of such consignments shall not be allowed. 3. regular audits shall be made by the competent authority to ensure that the number of consignments and the quantities of products leaving the EC territory matches the number and quantities entering.’
Commission Decision

of 15 April 2004

on an Intra-Community transfer of explosives document

(notified under document number C(2004) 1332)

(2004/388/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 1993/15/EEC of 5 April 1993 on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses(1), and in particular Article 13(3) thereof,

Whereas:

(1) The system for transferring explosives within the territory of the Community established by Directive 1993/15/EEC provides for the approval of the different competent authorities responsible for the zones of origin, transit and destination of the explosives.

(2) A model document to be used for the transfer of explosives, comprising the information required for the purposes of Article 9(5) and (6) of Directive 93/15/EEC, should be established, in order to facilitate transfers of explosives between Member States while preserving the necessary security requirements for the transfer of these products.

(3) The measures provided for in this Decision are in accordance with the opinion of the Management Committee established pursuant to Article 13(1) of Directive 1993/15/EEC,

HAS ADOPTED THIS DECISION:

Article 1

1. The information required for the purposes of Article 9(5) and (6) of Directive 1993/15/EEC shall be provided using the model "Intra-Community transfer of explosives document" set out in the Annex and accompanying explanatory notes.

2. The model document shall be accepted by the competent authorities as a valid transfer document to accompany the explosives for transfers between Member States until the explosives arrive at their destination.

3. This Decision shall not apply to ammunition.

Article 2

The Intra-Community transfer of explosives document, hereinafter referred to as "the document", shall be established in triplicate. Member States shall take appropriate measures, including adequate means of secure identification, to ensure that the document cannot be falsified.

Article 3

The document shall be printed on paper weighing at least 80 g/m2. The paper's strength shall be such that in normal use it does not easily tear or crease.

Article 4

This Decision shall apply from six months after publication in the Official Journal of the European Union. Its entry into force shall leave existing fixed period approvals for multiple transfers valid until their expiry date.

Article 5

This Decision is addressed to the Member States.

Done at Brussels, 15 April 2004.

For the Commission

Erkki Liikanen

Member of the Commission

(1) OJ L 121, 15.5.1993, p. 20. Directive amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

ANNEX

Intra-Community transfer of explosives document

(Article 9(5) and (6) of Directive 93/15/EEC)

>PIC FILE= "L_2004120EN.004502.TIF">

>PIC FILE= "L_2004120EN.004601.TIF">

>PIC FILE= "L_2004120EN.004701.TIF">
EN Official Journal of the European Union L 332/15

COUNCIL DECISION

of 21 October 2004

on the opening of the negotiations on an agreement concerning monetary relations with the Principality of Andorra

(2004/750/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 2004/548/EC of 11 May 2004 on the position to be taken by the Community regarding an agreement concerning the monetary relations with the Principality of Andorra (1), and in particular Article 8 thereof,

Having regard to the Recommendation of the Commission (2),

Having regard to the opinion of the European Central Bank (3),

Whereas:

(1) The opening of the negotiations on an agreement with the Principality of Andorra (hereinafter, Andorra) on monetary matters should be conditional upon the fulfilment of the necessary conditions. The prior initialling by both parties of the agreement on the taxation of income from savings, as well as the undertaking by Andorra to ratify such agreement before a date agreed with the Community, should form part of those conditions.

(2) Andorra and the Commission have proceeded on 1 July 2004 with the initialling of the agreement providing for measures equivalent to those laid down in Council Directive 2003/48/EC of 3 June 2003 (4) on the taxation of savings income in the form of interest payments.

(3) By virtue of the verbal note from the Ambassador of Andorra to the Community of 1 July 2004, Andorra has undertaken to ratify such agreement before 30 April 2005. This date is acceptable to the Community.

(4) The absence of ratification by Andorra, before the agreed date, of the agreement on the taxation of income from savings should result in the suspension of the negotiations on the monetary agreement until such ratification has taken place,

HAS DECIDED AS FOLLOWS:

Sole Article

The necessary conditions for the opening of the negotiations with the Principality of Andorra on an agreement on monetary matters, as laid down in Article 8 of Decision 2004/548/EC on the position to be taken by the Community regarding an agreement concerning the monetary relations with the Principality of Andorra, have been fulfilled.

The Commission shall inform the Principality of Andorra of the Community’s readiness to conclude an agreement on monetary matters and it shall propose negotiations for such an agreement.

Done at Luxembourg, 21 October 2004. For the Council The President G. ZALM

(1) OJ L 244, 16.7.2004, p. 47.

(2) OJ C 244, 1.10.2004, p. 19.

(3) OJ C 256, 16.10.2004, p. 9.

(4) OJ L 157, 26.6.2003, p. 38.
EN Official Journal of the European Union L 396/61

POLITICAL AND SECURITY COMMITTEE DECISION EUPOL KINSHASA/1/2004

of 9 December 2004

concerning the appointment of the Head of Mission of the EU Police Mission in Kinshasa (DRC), EUPOL ‘Kinshasa’

(2004/931/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union and in particular Article 25(3) thereof,

Having regard to Council Joint Action 2004/847/CFSP of 9 December 2004 on the launching of the EU Police Mission in Kinshasa (DRC) (1), and in particular Article 5 and 8 thereof,

Whereas:

(1) Articles 5 and 8 of Joint Action 2004/847/CFSP provides that the Council authorises the Political and Security Committee to take the relevant decisions in accordance with Article 25 of the Treaty on European Union, including the powers to appoint, upon a proposal by the Secretary-General/High Representative, a Head of Mission.

(2) The Secretary-General/High Representative has proposed the appointment of Mr Adílio CUSTÓDIO,

HAS DECIDED AS FOLLOWS:

Article 1

Mr Adílio CUSTÓDIO is hereby appointed Head of Mission of the EU Police Mission in Kinshasa (DRC) regarding the Integrated Police Unit (IPU) (EUPOL Kinshasa) from the day the mission will be launched. Until that date, he shall act as the Head of the Planning Team.

Article 2

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

It shall apply until 31 December 2005.

Done at Brussels, 9 December 2004. For the Political and Security Committee The President A. HAMER

(1) OJ L 367, 14.12.2004, p. 30.