ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 291/40

COMMISSION DECISION

of 20 October 2006

amending Decision 92/452/EEC as regards certain embryo collection and production teams in the United States of America

(notified under document number C(2006) 4907)

(Text with EEA relevance)

(2006/706/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 89/556/EEC of 25 September 1989 on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species (1), and in particular Article 8(1) thereof,

Whereas:

(1) Commission Decision 92/452/EEC of 30 July 1992 establishing lists of embryo collection teams and embryo production teams approved in third countries for export of bovine embryos to the Community (2) provides that Member States are only to import embryos from third countries where they have been collected, processed and stored by embryo collection teams listed in that Decision.

(2) The United States of America have requested that amendments be made to the entries for that country on those lists as regards certain embryo collection and production teams.

(3) The United States of America have provided guarantees regarding compliance with the appropriate rules set out in Directive 89/556/EEC and the embryo collection teams concerned have been officially approved for exports to the Community by the veterinary services of that country.

(4) Decision 92/452/EEC 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 92/452/EEC is amended in accordance with the Annex to this Decision.

Article 2

This Decision shall apply from the third day following that of its publication in the Official Journal of the European Union.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 20 October 2006. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 302, 19.10.1989, p. 1. Directive as last amended by Commission Decision 2006/60/EC (OJ L 31, 3.2.2006, p. 24).

(2) OJ L 250, 29.8.1992, p. 40. Decision as last amended by Decision 2006/614/EC (OJ L 252, 15.9.2006, p. 25).
EN Official Journal of the European Union L 152/32

COMMISSION DECISION

of 31 May 2006

amending the Appendix to Annex XIV to the 2003 Act of Accession as regards certain establishments in the meat and fish sectors in Slovakia

(notified under document number C(2006) 2073)

(Text with EEA relevance)

(2006/394/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular Annex XIV, Chapter 5, Section B, paragraph (d) thereto,

Whereas:

(1) Slovakia has been granted transitional periods for certain establishments listed in the Appendix (1) to Annex XIV to the 2003 Act of Accession.

(2) The Appendix to Annex XIV to the 2003 Act of Accession has been amended by Commission Decisions 2004/463/EC (2), 2005/189/EC (3) and 2005/661/EC (4).

(3) According to an official declaration from the Slovak competent authority one meat establishment has completed its upgrading process and is now in full compliance with Community legislation. One meat establishment on the list of establishments in transition has partially ceased its activities. One fish establishment has been closed. Those establishments should therefore be deleted from the list of establishments in transition.

(4) The Appendix to Annex XIV to the 2003 Act of Accession should therefore be amended accordingly. For the sake of clarity, it should be replaced.

(5) The Standing Committee on the Food Chain and Animal Health has been informed of the measures provided for in this Decision,

HAS ADOPTED THIS DECISION:

Article 1

The Appendix to Annex XIV to the 2003 Act of Accession is replaced by the text in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 31 May 2006. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ C 227 E, 23.9.2003, p. 1654.

(2) OJ L 156, 30.4.2004, p. 138, corrected by OJ L 202, 7.6.2004, p. 95.

(3) OJ L 62, 9.3.2005, p. 34.

(4) OJ L 245, 21.9.2005, p. 18.
2.

Article 5 is replaced by the following: ‘Article 5 Additional conditions for the importation of certain live molluscs for human consumption 1. Consignments of mollusc species susceptible to one or more of the diseases referred to in Annex D to Directive 95/70/EC must, in addition to the requirements set out in Article 4: (a) come from a source without any unresolved abnormal mortality and recognised free from diseases in question in accordance with Community legislation or the relevant OIE (World Organisation for Animal Health) Standard by the competent authority of the third country of origin; or (b) be imported as processed or unprocessed products as defined in Article 2(1) of Regulation (EC) No 852/2004; or (c) be sent directly to an approved import centre where the molluscs are further processed without prejudice to Annex III Section VII of Regulation (EC) No 853/2004 and Article 6 of Regulation (EC) No 854/2004. 2. Consignments of mollusc species susceptible to infection with Bonamia ostrea and/or Marteilia refringens, imported into Member States or zones being declared free, or under programme for achieving such status in accordance with Articles 5 or 10 of Directive 91/67/EEC, must comply with the following, in addition to the requirements set out in Article 4: (a) the source must be recognised free from the relevant disease in accordance with Community legislation or the relevant OIE Standard by the competent authority of the third country of origin; or (b) the consignment must be imported as processed or unprocessed products as defined in Article 2(1) of Regulation (EC) No 852/2004; or (c) the consignment must be sent directly to an approved import centre where the molluscs are further processed without prejudice to Annex III Section VII of Regulation (EC) No 853/2004 and Article 6 of Regulation (EC) No 854/2004; 3. This Article shall not apply if the molluscs are packed and labelled to be presented for sale to the final consumer in accordance with Regulation (EC) No 853/2004.’;
EN Official Journal of the European Union L 21/17

COMMISSION DECISION

of 16 January 2006

adjusting the weightings applicable from 1 February, 1 March, 1 April, 1 May and 1 June 2005 to the remuneration of officials, temporary staff and contract staff of the European Communities serving in third countries and of certain officials remaining in post in the 10 new Member States for a maximum period of 15 months after accession (Article 33(4) of the Treaty of Accession of the 10 new Member States)

(2006/32/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Staff Regulations of officials of the European Communities and the conditions of employment of other servants of the Communities laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68 (1), and in particular the second paragraph of Article 13 of Annex X thereto,

Having regard to the Treaty of Accession of the 10 new Member States, and in particular Article 33(4) thereof,

Whereas:

(1) Pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations, the weightings to be applied from 1 July 2004 to the remuneration of officials, contract staff and temporary staff of the European Communities serving in third countries payable in the currency of their country of employment were last laid down by Council Regulation (EC, Euratom) No 257/2005 (2).

(2) Some of these weightings need to be adjusted in accordance with the second paragraph of Article 13 of Annex X to the Staff Regulations, with effect from 1 February, 1 March, 1 April, 1 May and 1 June 2005, since the statistics available to the Commission show that in certain third countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down or adjusted,

HAS DECIDED AS FOLLOWS:

Sole Article

With effect from 1 February, 1 March, 1 April, 1 May and 1 June 2005, the weightings applied to the remuneration of officials, temporary staff and contract staff of the European Communities serving in third countries and of certain officials remaining in post in the 10 new Member States for a maximum period of 15 months after accession, payable in the currency of the country of employment, shall be adjusted as shown in the Annex hereto.

The exchange rates used for the calculation of this remuneration shall be established in accordance with the rules for the implementation of the Financial Regulation and shall correspond to the date of application of the weightings.

Done at Brussels, 16 January 2006. For the Commission Benita FERRERO-WALDNER Member of the Commission

(1) OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 2104/2005 (OJ L 337, 22.12.2005, p. 7).

(2) OJ L 46, 17.2.2005, p. 1.
(14)

Under aid scheme N 354/2000 the Commission had agreed that Italy could use the criteria listed below in order to assess the extent of the difficulties of the five companies receiving rescue aid. The eligible undertakings had to show at least two viability indices and two financial and structural indices. Indices Index Value Viability indices Operating losses Losses during the last three-year period Operating income/operational capital Less than 3% in the last 5 financial years or a reduction in the last 5 financial years to a value of less than 3% in the last financial year (1,5% for cooperative societies) Operating income/value of production Reduction of 50% in the last 5 financial years with an annual rate of reduction of at least 5% and no more than 20% in the last financial year Turnover/stocks Reduction between 20 and 40% in the last 5 financial years with a rate of reduction of no more than 15% in the last financial year Financial charges/turnover Between 4 and 15% in the last 5 financial years Financial and structural indices Time to pay suppliers Increase of 70% in the last 5 financial years with a rate of growth of at least 10% and no more than 30% in the last financial year Operating income/financial costs Reduction of 25-30% in the last 5 financial years with an annual rate of reduction of at least 3-4% and no more than 15% in the last financial year Working capital-Stocks/Current liabilities Less than 0,6 in the last 3 financial years or reduction in the last 5 financial years up to a value of less than 0,6 in the last financial year Working capital/Current liabilities Less than 0,8 in the last 3 financial years or reduction in the last 5 financial years up to a value of less than 0,8 in the last financial year Permanent capital /tangible assets Less than 0,6 in the last 3 financial years or reduction in the last 5 financial years up to a value of less than 0,6 in the last financial year Short term bank debt/current liabilities Not less than 0,35 and not more than 0,6 in the last 5 financial years, with an absolute increase in the last financial year of no more than 0,2 Cooperativa Agricola Moderna Scrl meets these requirements. The undertaking was assessed as being in difficulty on the basis of the following relationships: financial charges/turnover, turnover/stocks, (working capital-stocks)/current liabilities, short term bank debt/current liabilities.
(2)

Article 95(5) and (6) of the Treaty provides: ‘5. (…) If, after the adoption by the Council or by the Commission of a harmonisation measure, a Member State deems it necessary to introduce national provisions based on new scientific evidence relating to the protection of the environment or the working environment on grounds of a problem specific to that Member State arising after the adoption of the harmonisation measure, it shall notify the Commission of the envisaged provisions as well as the grounds for introducing them. 6. The Commission shall, within six months of the notification as referred to in paragraphs (…) 5, approve or reject the national provisions involved after having verified whether or not they are a means of arbitrary discrimination or a disguised restriction on trade between Member States and whether or not they shall constitute an obstacle to the functioning of the internal market. In the absence of a Decision by the Commission within this period the national provisions referred to in paragraphs (…) 5 shall be deemed to have been approved.’
(2)

Lithuania intends to apply a reduced rate (5 %) to the supply of district heating, whereas natural gas and electricity will continue to be subject to the standard rate (18 %). This differentiation of rates causes no shift from the consumption of electricity or natural gas for heating to the consumption of district heating. This is mainly due to national rules for the establishment of prices, which are quite different between natural gas, electricity and district heating, and to the fact that, from a technical-technological point of view, those products can be substitute goods only for heating purposes. Moreover, in Lithuania electricity for heating is generally used only by households which do not have any technical possibilities to use gas or to connect to networks of district heating. In this context, those households which currently use electricity will not switch to district heating because they are not connected to the district heating network. Those ones which use gas for heating will unlikely switch to district heating either since, according to the information given by the Lithuanian authorities, the price for district heating, excluding value added tax, is higher than the one for heating by gas. In any case, they could only do so if connections to district heating were provided to them.
EN Official Journal of the European Union L 296/24

COUNCIL DECISION 2006/725/CFSP

of 17 October 2006

implementing Joint Action 2005/557/CFSP on the European Union civilian-military supporting action to the African Union mission in the Darfur region of Sudan

THE COUNCIL OF THE EUROPEAN UNION,

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 second subparagraph of Article 8(1) thereof, in conjunction with Article 23(2) of the Treaty on European Union,

Whereas:

(1) On 11 July 2006 the Council adopted Decision 2006/486/CFSP concerning the implementation of Joint Action 2005/557/CFSP on the European Union civilian-military supporting action to the African Union mission in the Darfur region of Sudan (2), which extended the financing for its civilian component until 31 October 2006.

(2) Pending transition of the African Union mission to a United Nations (UN) operation in accordance with UN Security Council Resolution 1706 (2006), the Council has, in accordance with Article 2 of Decision 2006/486/CFSP, decided, in the light of the Decision by the Peace and Security Council of the African Union of 20 September 2006, to continue the European Union civilian-military supporting action to the African Union mission in the Darfur region of Sudan until 31 December 2006.

(3) As concerns the civilian component, the Council should consequently decide on the financing of the continuation of this supporting action. The financing should also as necessary cover expenditure for a possible additional transitional period preceding the hand-over to the United Nations.

(4) The supporting action will be conducted in the context of a situation which may deteriorate and could harm the objectives of the Common Foreign and Security Policy as set out in Article 11 of the Treaty,

HAS DECIDED AS FOLLOWS:

Article 1

1. The financial reference amount intended to cover the expenditure related to the implementation of Section II of Joint Action 2005/557/CFSP from 1 November 2006 shall be EUR 1 785 000.

2. The expenditure financed by the amount stipulated in paragraph 1 shall be managed in accordance with the European Community procedures and rules applicable to the budget, with the exception that any pre-financing shall not remain the property of the Community. Nationals of third states shall be allowed to tender for contracts.

3. The expenditure shall be eligible from 1 November 2006.

Article 2

An evaluation of the necessary transitional measures to be taken after the end of the EU supporting action shall be undertaken no later than 31 December 2006.

Article 3

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

Article 4

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

Done at Luxembourg, 17 October 2006. For the Council The President E. TUOMIOJA

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

(2) OJ L 192, 13.7.2006, p. 30.
EN Official Journal of the European Union L 365/86

COUNCIL DECISION

of 19 December 2006

on the granting of the special incentive arrangement for sustainable development and good governance beyond 1 January 2007 to the Republic of El Salvador

(2006/978/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,

Having regard to Council Regulation (EC) No 980/2005 of 27 June 2005 applying a scheme of generalised tariff preferences (1), and in particular Article 9(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) By Commission Decision 2005/924/EC (2) of 21 December 2005, El Salvador has been included in the list of developing countries which qualify for the special incentive arrangement for sustainable development and good governance, provided for in Regulation (EC) No 980/2005, for the period 1 January 2006 to 31 December 2008.

(2) Pursuant to the said Regulation, the granting of the special incentive arrangement beyond 1 January 2007 to countries faced with specific constitutional constraints to the ratification of a maximum of two of the 16 conventions listed in Part A of Annex III to the same Regulation is subject to a Council Decision.

(3) In accordance with the same Regulation, the Commission submitted on 29 November 2006 a report to the Council on the compliance by El Salvador with its commitments under that Regulation and proposing a continuation of the special incentive arrangement beyond 1 January 2007,

HAS ADOPTED THIS DECISION:

Sole Article

The Republic of El Salvador shall continue to benefit from the special incentive arrangement for sustainable development and good governance provided for in Article 1 of Regulation (EC) No 980/2005, from 1 January 2007 to 31 December 2008.

This Decision is addressed to the Member States.

Done at Brussels, 19 December 2006. For the Council The President J. KORKEAOJA

(1) OJ L 169, 30.6.2005, p. 1.

(2) OJ L 337, 22.12.2005, p. 50.
(28)

General Química was the third undertaking to meet the requirements of point 21 of the Leniency Notice, as it provided the Commission with evidence which represents significant added value with respect to the evidence already in the Commission's possession at the time of its submission. General Química qualifies, therefore, under point 23 (b), third indent, for a reduction of up to 20 % of the fine. Considering that General Química fulfilled the condition of significant added value relatively late in the proceedings, over a year and a half after the Commission's inspections to its premises, and that the extent to which its submission added value to the evidence has remained limited, the Commission finds that General Química (and Repsol) is entitled to a 10 % reduction of the fine that would otherwise have been imposed.
EN Official Journal of the European Union L 311/46

COMMISSION DECISION

of 8 November 2006

approving certain national programmes for the control of salmonella in breeding flocks of Gallus gallus

(notified under document number C(2006) 5281)

(Text with EEA relevance)

(2006/759/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of salmonella and other specified food-borne zoonotic agents (1) and, in particular Article 6(2) thereof,

Whereas:

(1) The purpose of Regulation (EC) No 2160/2003 is to ensure that proper and effective measures are taken to detect and control salmonella and other zoonotic agents at all relevant stages of production, processing and distribution, particularly at the level of primary production, in order to reduce their prevalence and the risk they pose to public health.

(2) A Community target was established for the reduction of the prevalence of all salmonella serotypes with public health significance in breeding flocks of Gallus gallus at the level of primary production by Commission Regulation (EC) No 1003/2005 of 30 June 2005 implementing Regulation (EC) No 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in breeding flocks of Gallus gallus and amending Regulation (EC) No 2160/2003 (2).

(3) In order to achieve the Community target Member States are to establish national programmes for the control of salmonella in breeding flocks of Gallus gallus and submit them to the Commission in accordance with Regulation (EC) No 2160/2003.

(4) Certain Member States have submitted their national programmes for the control of salmonella in breeding flocks of Gallus gallus.

(5) Those programmes were found to comply with relevant Community veterinary legislation and in particular with Regulation (EC) No 2160/2003.

(6) The national control programmes should therefore be approved.

(7) 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 national programmes for the control of salmonella in breeding flocks of Gallus gallus submitted by the Member States listed in the Annex are approved.

Article 2

This Decision shall apply from 1 January 2007.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 8 November 2006. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 325, 12.12.2003, p. 1. Regulation as amended by Regulation (EC) No 1003/2005 (OJ L 170, 1.7.2005, p. 12).

(2) OJ L 170, 1.7.2005, p. 12. Regulation as amended by Regulation (EC) No 1168/2006 (OJ L 211, 1.8.2006, p. 4).
EN Official Journal of the European Union L 141/83

Corrigendum to Council Decision 2007/252/JHA of 19 April 2007 establishing for the period 2007-2013 the specific programme ‘Fundamental rights and citizenship’ as part of the general programme ‘Fundamental Rights and Justice’

( Official Journal of the European Union L 110 of 27 April 2007 )

In the Contents on page 2 of the cover, and on page 33, the following lines are deleted:

‘III Acts adopted under the EU Treaty ACTS ADOPTED UNDER TITLE VI OF THE EU TREATY’,