ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 267/26

COUNCIL DECISION

of 6 October 2005

amending Decision 2000/439/EC on a financial contribution from the Community towards the expenditure incurred by certain Member States in collecting data, and for financing studies and pilot projects for carrying out the common fisheries policy

(2005/703/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

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

Whereas:

(1) Decision 2000/439/EC (2) provides that the Community may grant a financial contribution towards the expenditure incurred by Member States in collecting fisheries data within the Community framework laid down in Regulation (EC) No 1543/2000 (3) for the period from 2002 to 2006 inclusive.

(2) The collection and management of data in 2001 was organised by means of calls for proposals and invitations to tender in accordance with Decision 2000/439/EC.

(3) For the financial assistance towards the expenditure incurred by certain Member States during the period 2002 to 2006, the preparation of the national programmes and the corresponding Commission Decision to co-finance them were planned to take place the year before their execution. Therefore, the implementation period laid down in Article 1 of Decision 2000/439/EC is from 2000 to 2005.

(4) Due to an underestimation of the length of the necessary administrative and financial procedures, it proved impossible to follow the procedure of preparation and decision making in the year before the execution of the national programmes. Instead, the administrative and financial procedures have proved to take place within the same year as the execution itself. Therefore, the reference period laid down in Article 1 of Decision 2000/439/EC should be changed in order to cover the period of execution from 2001 to 2006.

(5) The financial reference laid down in Article 1 of Decision 2000/439/EC does no longer reflect the actual needs proved true for the previous years and the updated estimations for the following years. Furthermore it does not take into account the needs of the new Member States. Therefore, the reference should be adapted to the updated estimations.

(6) Decision 2000/439/EC should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2000/439/EC is hereby amended as follows:

1. in Article 1(2), the first sentence shall be replaced by the following: ‘2. The financial reference for the implementation of the measures for which financial assistance is provided for the period 2001 to 2006 shall be EUR 164,5 million.’;

2. in Article 4(3)(b), the words ‘for the following year’ shall be deleted.

Article 2

This Decision is addressed to the Member States.

Done at Luxembourg, 6 October 2005. For the Council The President A. DARLING

(1) Opinion delivered on 26 May 2005 (not yet published in the Official Journal).

(2) OJ L 176, 15.7.2000, p. 42.

(3) OJ L 176, 15.7.2000, p. 1.
EN Official Journal of the European Union L 299/71

COMMISSION DECISION

of 14 November 2005

authorising Germany to continue the experimental use of a new œnological practice

(notified under document number C(2005) 4376)

(Only the German text is authentic)

(2005/791/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (1), and in particular Article 46(2)(f) thereof,

Whereas:

(1) In accordance with Article 41(1) of Commission Regulation (EC) No 1622/2000 of 24 July 2000 laying down certain detailed rules for implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine and establishing a Community code of œnological practices and processes (2), Germany has authorised experimental trials involving the use of oak wood chips and shavings in the ageing of wine.

(2) These trials covered the use of several types of oak shavings and chips in contact with the wine, the study of aromatic compounds in the treated wine and the influence of these elements on the organoleptic qualities of the wine after ageing in various containers. It is important to continue these trials in order to clarify certain results of the experiments.

(3) Germany has sent the Commission a communication concerning the trials which the Commission has forwarded to the Member States, together with a request for authorisation to extend the trials for a further three-year period in view of the positive results achieved. Germany has submitted the relevant justification in support of its request.

(4) Grapes from the 2005 harvest are now due to be vinified under those trials.

(5) In accordance with Article 41(3) of Regulation (EC) No 1622/2000, it is for the Commission to take a decision on this request.

(6) The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Wine,

HAS ADOPTED THIS DECISION:

Article 1

Germany is hereby authorised to continue to use, on a trial basis, oak wood chips and shavings in the wine ageing process until 31 July 2008, in accordance with the conditions laid down in Article 41(1) of Regulation (EC) No 1622/2000.

Article 2

This decision is addressed to the Federal Republic of Germany.

Done at Brussels, 14 November 2005. For the Commission Mariann FISCHER BOEL Member of the Commission

(1) OJ L 179, 14.7.1999, p. 1. Regulation as last amended by the 2003 Act of Accession.

(2) OJ L 194, 31.7.2000, p. 1. Regulation as last amended by Regulation (EC) No 1163/2005 (OJ L 188, 20.7.2005, p. 3).
EN Official Journal of the European Union L 291/45

COMMISSION DECISION

of 3 November 2005

repealing Decision 2003/136/EC on the approval of the plans for the eradication of classical swine fever in feral pigs and emergency vaccination of feral pigs against classical swine fever in Luxembourg

(notified under document number C(2005) 4193)

(Only the French text is authentic)

(2005/773/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever (1), and in particular Articles 16(1), 25(3) and 29(2) thereof,

Whereas:

(1) In 2001 classical swine fever was confirmed in the feral pig population in Luxembourg.

(2) By Commission Decision 2003/136/EC (2) the Commission approved the plans presented by Luxembourg for the eradication of classical swine fever in the feral pig population and the emergency vaccination of feral pigs.

(3) By Decision 2005/224/EC the Commission approved the termination of the plan for the emergency vaccination of feral pigs.

(4) It is apparent from information supplied by Luxembourg that classical swine fever in the feral pig population has been successfully eradicated and that the approved eradication plan no longer needs to be applied.

(5) It is therefore appropriate to repeal Decision 2003/136/EC.

(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

Decision 2003/136/EC is repealed.

Article 2

This Decision is addressed to the French Republic and the Grand Duchy of Luxembourg.

Done at Brussels, 3 November 2005. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 316, 1.12.2001, p. 5. Directive as amended by the 2003 Act of Accession.

(2) OJ L 53, 28.2.2003, p. 52. Decision as amended by Decision 2005/224/EC (OJ L 71, 17.3.2005, p. 69).
in Article 2a, paragraph 2 of is replaced by the following:

‘2. Member States shall ensure that the bringing-together of poultry and other birds at markets, shows, exhibitions and cultural events, including point-to-point races of birds, is prohibited.

However, the competent authority may authorise such gatherings of poultry and other captive birds, provided that the result of a risk assessment is favourable.’;
EN Official Journal of the European Union L 329/30

COUNCIL DECISION

of 17 October 2005

on the signing by the European Community of the Energy Community Treaty

(2005/905/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 47(2), 55, 83, 89, 95, 133, and 175 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) In accordance with the Council Decision of 17 May 2004, the Commission has negotiated the Treaty establishing the Energy Community, hereinafter referred to as ‘the Energy Community Treaty’, with the Republic of Albania, the Republic of Bulgaria, Bosnia and Herzegovina, the Republic of Croatia, the former Yugoslav Republic of Macedonia, the Republic of Montenegro, Romania, the Republic of Serbia and the United Nations Interim Administration Mission in Kosovo (pursuant to the United Nations Security Council Resolution 1244).

(2) Subject to its possible conclusion at a later stage, the Energy Community Treaty initialled on 31 May 2005 should be signed on behalf of the Community,

HAS DECIDED AS FOLLOWS:

Article 1

The signing of the Energy Community Treaty is hereby approved on behalf of the Community.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Energy Community Treaty on behalf of the Community, subject to its conclusion.

Article 3

This Decision shall be published in the Official Journal of the European Union.
EN Official Journal of the European Union L 346/31

COUNCIL DECISION

of 21 December 2005

on an amendment to the Agreement Establishing the European Bank of Reconstruction and Development (EBRD), enabling the Bank to finance operations in Mongolia

(2005/954/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 181a thereof,

Having regard to the proposal from the Commission,

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

Whereas:

(1) Although a member of the EBRD since 2000, Mongolia is not currently a country in which the Bank is authorised to carry out operations on its own resources.

(2) In response to the request of the Prime Minister of Mongolia, the Board of Directors of the EBRD has expressed unanimous support to admit Mongolia as a country of operations of the Bank.

(3) By Resolution adopted on 30 January 2004, the Board of Governors of the EBRD voted in favour of the necessary amendment to the Agreement Establishing the Bank, enabling it to finance operations in Mongolia. All the Governors of the Bank voted in favour of this amendment, including the Governor representing the European Community.

(4) As the amendment concerns the purpose and functions of the Bank, it is necessary that it also be formally accepted by all member countries and institutions, including by the European Community.

(5) Acceptance by the European Community of this amendment is necessary to achieve the Community's objectives in the field of economic, financial and technical cooperation with third countries,

HAS DECIDED AS FOLLOWS:

Article 1

The amendment to the Agreement establishing the EBRD, necessary to enable the Bank to finance operations in Mongolia, is hereby approved on behalf of the Community.

The text of the amendment is attached to this Decision.

Article 2

The Governor of the EBRD representing the European Community shall communicate to the EBRD the Declaration of Acceptance of this amendment.

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

(1) Opinion delivered on 15 November 2005 (not yet published in the Official Journal).
EN Official Journal of the European Union L 36/6

COUNCIL DECISION

of 31 January 2005

appointing a Spanish alternate member of the Committee of the Regions

(2005/112/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 Spanish 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 Carlos Javier FERNÁNDEZ CARRIEDO, notified to the Council on 29 November 2004,

HAS DECIDED AS FOLLOWS:

Sole Article

Mr Tomás VILLANUEVA RODRÍGUEZ, Consejero de Economía y Empleo, Comunidad Autónoma de Castilla y Léon, is hereby appointed alternate member of the Committee of the Regions in place of Mr Carlos Javier FERNÁNDEZ CARRIEDO for the remainder of his term of office, which runs until 25 January 2006.

Done at Brussels, 31 January 2005. For the Council The President J. ASSELBORN

(1) OJ L 24, 26.1.2002, p. 38.
EN Official Journal of the European Union L 135/19

COUNCIL DECISION

of 23 May 2005

appointing a Spanish member of the European Economic and Social Committee

(2005/399/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 European Economic and Social Committee for the period from 21 September 2002 to 20 September 2006 (1),

Having regard to the nomination submitted by the Spanish Government,

Having regard to the opinion of the Commission,

Whereas:

Whereas a member’s seat on that Committee has fallen vacant following the resignation of Mr Fernando MORALEDA QUÍLEZ, of which the Council was informed on 3 June 2004,

HAS DECIDED AS FOLLOWS:

Sole Article

Mr Marcos ALARCÓN ALARCÓN is hereby appointed a member of the European Economic and Social Committee in place of Mr Fernando QUÍLEZ for the remainder of the latter’s term of office, which runs until 20 September 2006.

Done at Brussels, 23 May 2005. For the Council The President J.-L. SCHILTZ

(1) OJ L 253, 21.9.2002, p. 9.
EN Official Journal of the European Union L 72/30

COMMISSION DECISION

of 11 March 2005

amending Decision 2004/432/EC on the approval of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC

(notified under document number C(2005) 568)

(Text with EEA relevance)

(2005/233/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (1), and in particular the fourth subparagraph of Article 29(1) thereof,

Whereas:

(1) Under Directive 96/23/EC inclusion and retention on the lists of third countries, provided for in Community legislation, from which Member States are authorised to import animals and primary products of animal origin covered by that Directive, are subject to submission by the third countries concerned of a plan setting out the guarantees which they offer as regards the monitoring of the groups of residues and substances referred to in that Directive. That Directive also lays down certain requirements concerning time limits for submission of plans.

(2) Commission Decision 2004/432/EC (2) lists the third countries which have submitted a residue monitoring plan, setting out the guarantees offered by them in compliance with the requirements of that Directive.

(3) Certain third countries have presented residue monitoring plans to the Commission for animals and products not listed in Decision 2004/432/EC. The evaluation of those plans and the additional information requested by the Commission provide sufficient guarantees on the residue monitoring in those countries for the animals and products concerned. Those animals and products should therefore be included in the list for those third countries.

(4) Decision 2004/432/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

The Annex to Decision 2004/432/EC is replaced by the Annex to this Decision.

Article 2

This Decision shall apply from 21 March 2005.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 11 March 2005. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 125, 23.5.1996, p. 10. Directive as last amended by Regulation (EC) No 882/2004 of the European Parliament and of the Council (OJ L 165, 30.4.2004, p. 1).

(2) OJ L 154, 30.4.2004, p. 44. Decision as amended by Decision 2004/685/EC (OJ L 312, 9.10.2004, p. 19).
EN Official Journal of the European Union L 258/4

COUNCIL DECISION

of 20 September 2005

delegating to the Deputy Secretary-General the power to issue laissez-passer to officials of the General Secretariat of the Council

(2005/682/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the second subparagraph of Article 207(2) thereof,

Having regard to the Treaty on European Union, and in particular Articles 28(1) and 41(1) thereof,

Having regard to the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965, and in particular Article 7(1) thereof,

Having regard to the Staff Regulations of officials and the Conditions of employment of other servants of the European Communities, laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (EC, Euratom) No 723/2004 (2), and in particular Article 23 of the Staff Regulations and Article 11 of the Conditions of employment of their servants,

Whereas:

(1) Pursuant to Article 7(1) of the Protocol on the Privileges and Immunities of the European Communities, it is for the President of the Council to issue laissez-passer to officials and other servants of the General Secretariat of the Council, in accordance with the conditions laid down in Article 23 of the Staff Regulations.

(2) The President of the Council should delegate this power to the Deputy Secretary-General of the Council,

HAS DECIDED AS FOLLOWS:

Article 1

The powers conferred on the President of the Council by Article 7(1) of the Protocol on the Privileges and Immunities of the European Communities for the issuing of laissez-passer to officials and other servants of the General Secretariat of the Council shall be exercised by the Deputy Secretary-General of the Council.

The Deputy Secretary-General shall be authorised to delegate these powers to the Director-General of Administration.

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 Brussels, 20 September 2005. For the Council The President M. BECKETT

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

(2) OJ L 124, 27.4.2004, p. 1.
1.

Articles 2 and 3 are replaced by the following: ‘Article 2 1. Member states shall prohibit the imports of products referred to in Article 1. 2. By derogation from paragraph 1, Member States shall authorise the imports of products listed in the Annex to this Decision in accordance with the specific animal and public health conditions applicable to the products concerned, and with Article 3 in the case of products listed in Part II of the Annex. Article 3 Member States shall authorise imports of consignments of products listed in Part II of the Annex accompanied by a declaration of the Chinese competent authority stating that each consignment has been subjected before dispatch to a chemical test in order to ensure that the products concerned do not present a danger to human health. This test must be carried out, in particular, with a view to detecting the presence of chloramphenicol and nitrofuran and its metabolites. The results of the analytical checks have to be included.’
EN Official Journal of the European Union L 15/8

COUNCIL DECISION

of 21 June 2004

appointing a Swedish member of the Economic and Social Committee

(2005/25/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 Swedish Government,

Having obtained the opinion of the Commission of the European Union,

HAS DECIDED AS FOLLOWS:

Sole Article

Mr Thomas JANSON is hereby appointed a member of the Economic and Social Committee in place of Mr Uno WESTERLUND for the remainder of the latter's term of office, which runs until 20 September 2006.

Done at Luxembourg, 21 June 2004. For the Council The President J. WALSH

(1) OJ L 253, 21.9.2002, p. 9.