ddrg/super_eurlex huggingface dataset:
Political and Security Committee Decision Proxima/2/2004

of 30 November 2004

concerning the appointment of the Head of Mission of the EU Police Mission in the former Yugoslav Republic of Macedonia, EUPOL Proxima

(2004/846/EC)

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 2004/789/CFSP of 22 November 2004 on the extension of the European Union Police Mission in the former Yugoslav Republic of Macedonia (EUPOL Proxima), and in particular Article 8(1) thereof,

Whereas:

(1) Article 8(1) of Joint Action 2004/789/CFSP provides that the Council authorises the Political and Security Committee to take the relevant decisions in accordance with Article 25 of the TEU, 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 Jürgen SCHOLZ,

HAS DECIDED AS FOLLOWS:

Article 1

Mr Jürgen SCHOLZ is hereby appointed Head of Mission of the European Union Police Mission in the former Yugoslav Republic of Macedonia (EUPOL Proxima) from 15 December 2004.

Article 2

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

It shall apply until 14 December 2005.

Done at Brussels, 30 November 2004.

For the Political and Security Committee

The President

A. Hamer

--------------------------------------------------
30.4.2004 Official Journal of the European Union L 154/41 EN 
COMMISSION DECISION 
of 29 April 2004 
approving certain contingency plans for the control of classical swine fever 
(notified under document number C(2004) 1609) 
 
(Text with EEA relevance) 
(2004/431/EC) 
THE COMMISSION OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Community, 
Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, 
Lithuania, Hungary, Malta, Poland, Slovenia a nd Slovakia, and in particular Article 2 (3) 
thereof, 
Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, 
Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular Article 21 
thereof, 
Having regard to Council Directive 2001/89/EC of 23 October 2001 on Community measures 
for the control of cl assical swine fever1, and in particular the second subparagraph of 
Article 22 (3) and the third subparagraph of Article 29 (3) thereof, 
Whereas: 
(1) Commission Decision 1999/246/EC of 30 March 1999 approving certain contingency 
plans for the control of classical swine fever2, approved those contingency plans for 
Belgium, Denmark, Germany, Greece, Spain, France, Ireland, Italy, Luxembourg, the 
Netherlands, Austria, Portugal, Finland, Sweden and the United Kingdom. 
(2) The Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, 
Slovenia and Slovakia have submitted conti ngency plans for the control of classical 
swine fever to the Commission for approval. 
(3) Those contingency plans fulfil the criteria  laid down in Directive 2001/89/EC and, 
subject to a regular update and an effective implementation, permit the desired 
objective to be attained. 
(4) The contingency plans submitted by the ne w Member States should therefore be 
approved.  
                                                 
1 OJ L 316, 1.12.2001, p. 5. Directive as last amended by the 2003 Act of Accession. 
2 OJ L 93, 8.4.1999, p. 24. Decision as amended by Decision 2000/113/EC (OJ L 33, 8.2.2000, p. 23.). 
(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 contingency plans for the control of classical swine fever submitted by the new Member 
States listed in the Annex are approved. 
Article 2 
This Decision shall apply subject to and from th e date of the entry into force of the Treaty of 
Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, 
Poland, Slovenia and Slovakia.  
Article 3 
This Decision is addressed to the Member States. 
Done at Brussels, 29 April 2004. 
 For the Commission 
 David BYRNE 
 Member of the Commission 
ANNEX  
List of  new Member States as referred to in Article 1  
 
Code Country 
CY Cyprus 
CZ Czech Republic 
EE Estonia 
HU Hungary 
LV Latvia 
LT Lithuania 
MT Malta 
PL Poland 
SI Slovenia 
SK Slovakia
EN Official Journal of the European Union L 261/47

COUNCIL DECISION

of 29 April 2004

concerning the conclusion of the Agreement on Scientific and Technical Cooperation between the European Community and the State of Israel

(2004/576/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 170 thereof, in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

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

Whereas:

(1) The Commission has negotiated, on behalf of the Community, the Agreement on Scientific and Technical Cooperation with the State of Israel (hereinafter the Agreement).

(2) The Agreement was signed on behalf of the Community on 10 June 2003 in Brussels, subject to its conclusion.

(3) The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement on Scientific and Technical Cooperation between the European Community and the State of Israel is hereby approved on behalf of the Community.

The text of the Agreement has already been published in the Official Journal of the European Union (2).

Article 2

The President of the Council shall, acting on behalf of the Community, give the notification provided for in Article 5 of the Agreement.

Done at Luxembourg, 29 April 2004. For the Council The President M. McDOWELL

(1) Opinion delivered on 11 March 2004 (not yet published in the Official Journal).

(2) OJ L 154, 21.6.2003, p. 80.
EN Official Journal of the European Union L 270/16

COMMISSION DECISION

of 17 August 2004

on the inventory of wine production potential presented by the Republic of Hungary under Council Regulation (EC) No 1493/1999

(notified under document number C(2004) 3117)

(Only the Hungarian text is authentic)

(2004/599/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 23(4) thereof,

Whereas:

(1) As a prior condition for access to the increase in planting rights and support for restructuring and conversion, Regulation (EC) No 1493/1999 provides for the compilation of an inventory of wine production potential by the Member State concerned. The inventory must be presented in accordance with Article 16 of that Regulation.

(2) Article 19 of Commission Regulation (EC) No 1227/2000 of 31 May 2000 laying down detailed rules for the application of Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine, as regards production potential (2) details how the information included in the inventory is to be presented.

(3) By letter of 25 June 2004, the Republic of Hungary sent the Commission the information referred to in Article 16 of Regulation (EC) No 1493/1999 and Article 19 of Regulation (EC) No 1227/2000. Examination of this information shows that the Republic of Hungary has compiled the inventory.

(4) This Decision does not entail recognition by the Commission of the accuracy of the information contained in the inventory or of the compatibility of the legislation referred to in the inventory with Community law. It is without prejudice to any future Commission decision on these points.

(5) 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

The Commission notes that the Republic of Hungary has compiled the inventory of wine production potential in accordance with Article 16 of Regulation (EC) No 1493/1999.

Article 2

This Decision is addressed to the Republic of Hungary.

Done at Brussels, 17 August 2004. For the Commission Franz FISCHLER Member of the Commission

(1) OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Commission Regulation (EC) No 1795/2003 (OJ L 262, 14.10.2003, p. 13).

(2) OJ L 143, 16.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 1389/2004 (OJ L 255, 31.7.2004, p. 7).
EN Official Journal of the European Union L 348/45

COUNCIL DECISION 2004/790/CFSP

of 22 November 2004

extending and amending Decision 2003/276/CFSP implementing Joint Action 2002/589/CFSP with a view to a European Union contribution to the destruction of ammunition for small arms and light weapons in Albania

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 2002/589/CFSP of 12 July 2002 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 14 April 2003 the Council adopted Decision 2003/276/CFSP concerning a European Union contribution to the destruction of ammunition for small arms and light weapons in Albania (2), which was aimed at implementing Joint Action 2002/589/CFSP and which made available EUR 820 000 for this purpose.

(2) Some objectives could not be fulfilled by 31 October 2004, the date on which Council Decision 2003/276/CFSP expires, and others should be consolidated and expanded after that date. The project in question is a multi-annual project lasting four years.

(3) Decision 2003/276/CFSP should therefore be extended and amended,

HAS DECIDED AS FOLLOWS:

Article 1

Decision 2003/276/CFSP is hereby amended as follows:

1. In Article 2(1), the financial reference amount ‘EUR 820 000’ shall be replaced by ‘EUR 1 320 000’.

2. In Article 4(1) the second sentence shall be replaced by ‘It shall expire on 31 December 2005’.

Article 2

This Decision shall take effect on 1 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 191, 19.7.2002, p. 1.

(2) OJ L 99, 17.4.2003, p. 60.
EN Official Journal of the European Union L 340/21

COUNCIL DECISION

of 11 October 2004

approving the conclusion by the Commission, on behalf of the European Atomic Energy Community, of the Interim Agreement on trade and trade-related matters between the European Community and the European Atomic Energy Community, of the one part, and the Republic of Tajikistan, of the other part

(2004/755/Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 101, second paragraph thereof,

Having regard to the proposal from the Commission,

Whereas:

Pending the entry into force of the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Tajikistan, of the other part, signed in Luxembourg on 11 October 2004, an Interim Agreement on trade and trade-related matters between the European Community and the European Atomic Energy Community, of the one part, and the Republic of Tajikistan, of the other part, should be concluded by the Commission on behalf of the European Atomic Energy Community.

HAS DECIDED AS FOLLOWS:

Sole Article

1. The conclusion by the Commission, on behalf of the European Atomic Energy Community, of the Interim Agreement on trade and trade-related matters between the European Community and the European Atomic Energy Community, of the one part, and the Republic of Tajikistan, of the other part, together with the Annexes and Protocol attached thereto and the Declarations made by the Community unilaterally or jointly with the other Party is hereby approved.

2. The text of the Agreement, Annexes and Protocol and Final Act is attached to this Decision (1).

Done at Luxembourg, 11 October 2004 For the Council The President B. R. BOT

(1) See p. 2 of this Official Journal.
EN Official Journal of the European Union L 358/33

COMMISSION DECISION

of 29 November 2004

authorising a temporary derogation from certain provisions of Council Directive 2000/29/EC in respect of the importation of soil originating in Australia

(notified under document number C(2004) 4449)

(2004/827/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular Article 15(1) thereof,

Having regard to the request made by Australia,

Whereas:

(1) Under Directive 2000/29/EC, soil originating in certain third countries may not in principle be introduced into the Community.

(2) Australia has asked to be allowed to export a small quantity of soil originating in Australia to the Community to be deposited for ceremonial purposes on the grave of an Australian citizen buried in Belgium.

(3) The soil in question will be suitably treated before leaving Australia and accompanied by an official certificate to this effect issued by the Australian authorities.

(4) The Commission considers that there is no risk of spreading organisms harmful to plants or plant products if the soil is treated as proposed by Australia.

(5) Member States should therefore for a limited period be authorised to provide for a derogation to allow the import of small quantities of soil subject to specific conditions for treatment.

(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,

HAS ADOPTED THIS DECISION:

Article 1

Member States are hereby authorised to provide for a derogation from Article 4(1) of Directive 2000/29/EC, with regard to the prohibitions referred to in point 14 of Part A of Annex III to that Directive for soil originating in Australia.

In order to qualify for the derogation, the soil shall be subject to the specific conditions provided for in the Annex, be introduced into the Community between 20 November 2004 and 31 January 2005 and be destined for ceremonial use.

The authorisation is without prejudice to any further authorisation or procedures which may be required under other legislation.

Article 2

Member States which grant derogations pursuant to this Decision shall submit a report thereon to the Commission before 1 March 2005.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 29 November 2004. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2004/102/EC (OJ L 309, 6.10.2004, p. 9).
EN Official Journal of the European Union L 371/47

COUNCIL DECISION

of 13 December 2004

authorising the Republic of Austria 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

(2004/866/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Sixth Council Directive (77/388/EEC) of 17 May 1977 on the harmonization 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) By letter registered at the Commission's Secretariat-General on 12 December 2003, the Austrian authorities requested authorisation to apply a special measure derogating from Article 17 of Directive 77/388/EEC.

(2) The other Member States were informed of this request on 26 March 2004.

(3) The derogating measure is intended completely to exclude the value-added tax (VAT) which is charged on expenditure on goods and services from the right to deduct when over 90 % of the goods and services are used for the private purposes of the taxable person, or of his employees, or, more generally, for non-business purposes. This derogating measure represents a derogation from Article 17 and is justified by the need to simplify the levying of VAT.

(4) The duration of the authorisation should be limited to 31 December 2009. This maximum period will allow an evaluation to be made of the advisability of maintaining the derogating measure in the light of Austria's experience over this period.

(5) The derogating measure would have no negative effect on the Community's own resources from VAT,

HAS ADOPTED THIS DECISION:

Article 1

By way of derogation from Article 17(2) of Directive 77/388/EEC, the Republic of Austria is hereby authorised to exclude expenditure on goods and services from the right to deduct VAT when over 90 % of the goods and services are used 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 Republic of Austria.

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

(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).
the first sentence is replaced by the following:

‘The Committee is composed of 21 members hereafter referred to as “the members”.’;
EN Official Journal of the European Communities L 154/51

COMMISSION DECISION

of 29 April 2004

laying down transitional measures for Latvia derogating from Council Directive 1999/74/EC as regards the height of cages for laying hens

(notified under document number C(2004) 1628)

(Text with EEA relevance)

(2004/433/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular Article 2 (3) thereof,

Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular Article 42 thereof

Whereas:

(1) From 1 May 2004 the keeping of laying hens in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (“the New Member States”) has to comply with the minimum standards for the protection of laying hens set out in Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens. (1)

(2) Article 5(1)(4) of Directive 1999/74/EC specifies the minimum height required for unenriched cages. For five new Member States specific derogations from that requirement have already been laid down in the 2003 Act of Accession for certain establishments listed in the Appendices thereto.

(3) Derogations from that requirement should also be granted for Latvia in order to facilitate the transition to welfare standards for the keeping of laying hens resulting from the application of the Directive 1999/74/EC.

(4) In order to avoid distortions of competition interfering with the smooth running of the organisation of the market in animal products, it is appropriate to exclude eggs produced in cages benefiting from the derogation from intra-Community trade.

(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

By way of derogation from Article 5(1 )(4) of Directive 1999/74/EC, the establishments in Latvia listed in the Annex to this Decision may until 1 May 2007 maintain in service existing cages for laying hens provided that they are at least 35 cm high over at least 65% of the cage area and not less than 29 cm at any point.

Article 2

Eggs from cages benefiting from the derogation under Article 1 shall not be placed on the market in another Member State.

Article 3

This Decision shall apply subject to and as from the date of the entry into force of the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 29 April 2004. For the Commission David BYRNE Member of the Commission

(1) OJ L 203, 3.8.1999, p. 53.
2.

The following Article 2b is inserted: “Article 2b 1. By way of derogation from Article 2a 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.”
Article 1 is replaced by the following:

‘Article 1

The zones in the Community listed in the Annex are hereby recognised as protected zones referred to in the first subparagraph of Article 2(1)(h) of Directive 2000/29/EC, in respect of the harmful organism(s) listed against their names in the Annex to this Directive.

In the case of point (a)(3.1) of the Annex, the said zone in Cyprus is recognised until 31 March 2006.

In the case of point (a)(6) of the Annex, the said zones in Latvia, Slovenia and Slovakia are recognised until 31 March 2006.

In the case of point (a)(11) of the Annex, the said zone in Cyprus is recognised until 31 March 2006.

In the case of point (a)(13) of the Annex, the said zones in Cyprus and Malta are recognised until 31 March 2006.

In the case of point (b)(2) of the Annex, for Ireland, Italy (Apulia, Emilia-Romagna: provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Lombardy; Trentino-Alto Adige: autonomous province of Trento; Veneto: except in the province of Rovigo the communes Rovigo, Polesella, Villamarzana, Fratta Polesine, San Bellino, Badia Polesine, Trecenta, Ceneselli, Pontecchio Polesine, Arquà Polesine, Costa di Rovigo, Occhiobello, Lendinara, Canda, Ficarolo, Guarda Veneta, Frassinelle Polesine, Villanova del Ghebbo, Fiesso Umbertiano, Castelguglielmo, Bagnolo di Po, Giacciano con Baruchella, Bosaro, Canaro, Lusia, Pincara, Stienta, Gaiba, Salara, and in the province of Padova the communes Castelbaldo, Barbona, Piacenza d'Adige, Vescovana, S. Urbano, Boara Pisani, Masi, and in the province of Verona the communes of Palù, Roverchiara, Legnago, Castagnaro, Ronco all'Adige, Villa Bartolomea, Oppeano, Terrazzo, Isola Rizza, Angiari), Latvia, Lithuania, Austria (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria, Vienna), Slovenia and Slovakia the said zones are recognised until 31 March 2006.

In the case of point (d)(1) of the Annex, the said zone in Lithuania is recognised until 31 March 2006.

In the case of point (d)(3) of the Annex, the said zone in Malta is recognised until 31 March 2006.’;