ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 260/8

COUNCIL DECISION

of 19 July 2004

concerning the notification to the Republic of Korea of the withdrawal of the European Community from the Agreement on telecommunications procurement between the European Community and the Republic of Korea

(2004/589/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the first sentence of Article 300, thereof,

Having regard to Article 8(5) of the Agreement on telecommunications procurement between the European Community and the Republic of Korea (1) (hereinafter referred to as the ‘Agreement’) as adopted by Decision 97/784/EC (2),

Having regard to the proposal from the Commission,

Whereas:

(1) Pursuant to Article 8(5) of the Agreement either Party may withdraw from the Agreement by notifying the other party.

(2) The Agreement has, with the withdrawal of the Community telecommunications operators, the liberalisation of the Korean telecommunications market and the privatisation of Korea Telecom, become devoid of purpose.

(3) Korea also considers that the Agreement has become devoid of purpose.

(4) It is appropriate that the Community should withdraw from the Agreement.

(5) The Council should authorise the Commission to notify the withdrawal from the Agreement.

(6) The Memorandum concerning the procurement of private telecommunications operators between the European Community and the Republic of Korea (3) should be maintained,

HAS DECIDED AS FOLLOWS:

Article 1

The Community hereby withdraws from the Agreement on telecommunications procurement between the European Community and the Republic of Korea.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to notify the Republic of Korea of the withdrawal.

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

(1) OJ L 321, 22.11.1997, p. 32.

(2) OJ L 321, 22.11.1997, p. 30.

(3) OJ L 321, 22.11.1997, p. 41.
EN Official Journal of the European Union L 120/42

Corrigendum to Commission Decision 2005/363/EC of 2 May 2005 concerning animal health protection measures against African swine fever in Sardinia, Italy

( Official Journal of the European Union L 118 of 2 May 2005 )

On page 46, title of Annex IV:

for:

read:
EN Official Journal of the European Union L 22/16

COMMISSION DECISION

of 25 January 2005

amending Council Directive 92/34/EEC to extend the derogation relating to import conditions for fruit plant propagating material and fruit plants intended for fruit production from third countries

(notified under document number C(2005) 114)

(2005/54/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 92/34/EEC of 28 April 1992 on the marketing of fruit plant propagating material and fruit plants, intended for fruit production (1), and in particular Article 16(2) second subparagraph thereof,

Whereas:

(1) The Commission is required pursuant to Article 16(1) of Directive 92/34/EEC to decide whether fruit plant propagating material and fruit plants produced in a third country and affording the same guarantees as regards obligations on the supplier, identity, characteristics, plant health, growing medium, packaging, inspection arrangements, marking and sealing, are equivalent in all these respects to fruit plant propagating material and fruit plants produced in the Community and complying with the requirements and conditions of that Directive.

(2) However, the information presently available on the conditions applying in third countries is still not sufficient to enable the Commission to adopt any such decision in respect of any third country at this stage.

(3) In order to prevent trade patterns from being disrupted, Member States importing fruit plant propagating material and fruit plants from third countries should be allowed to continue to apply conditions equivalent to those applicable to similar Community products in accordance with Article 16(2) of Directive 92/34/EEC.

(4) The period of application of the derogation provided for in Article 16(2), first subparagraph of Directive 92/34/EEC, which was extended until 31 December 2004 by Commission Decision 2002/112/EC (2), should accordingly be further extended.

(5) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Propagating Material and Plants of Fruit Genera and Species,

HAS ADOPTED THIS DECISION:

Article 1

In the first subparagraph of Article 16(2) of Directive 92/34/EEC, the date ‘31 December 2004’ is replaced by ‘31 December 2007’.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 25 January 2005. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 157, 10.6.1992, p. 10. Directive as last amended by Commission Directive 2003/61/EC (OJ L 165, 3.7.2003, p. 23).

(2) OJ L 41, 13.2.2002, p. 44.
(5)

Based on the data provided by the Commission after reporting by Portugal before 1 March 2004 in accordance with Council Regulation (EC) No 3605/93 of 22 November 1993 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community (4), and on the Commission Spring 2004 forecast, the following conclusions are warranted: — The general government deficit is estimated at 2,8 % of GDP in 2003, compared with 2,7 % in 2002 and 4,4 % in 2001. The outcome for 2003 complied with the Council Recommendation issued under Article 104(7), particularly as regards the reduction of the government deficit below the reference value of 3 % of GDP by 2003 at the latest. Fiscal adjustment was pursued in 2003 on the back of a sustained deceleration in the pace of total current primary expenditure growth from 8,9 % in 2001 to 7,8 % in 2002 and 4,1 % in 2003. However, the current cyclical downturn, which ended in a recession in 2003, led to a significant deviation of 2,6 percentage points between the GDP growth outcome for the year and the initial budgetary projection. As a result, a massive shortfall in tax revenue developed during 2003, which had to be offset by the adoption of two one-off measures, together worth 2,1 % of GDP. — The structural measures taken by the Portuguese authorities, having a more direct impact on public finances, fall mainly on three areas: (i) public administration; (ii) the healthcare sector; and (iii) education. In particular, the quasi-freeze of wage scales and employment in the civil service in the period 2003-2004 is expected to have favourable base effects in the future, thereby having a significant structural impact. In addition, the Portuguese authorities estimate that the ongoing comprehensive reform in the healthcare sector has already had, in 2003, some positive effects on both expenditure savings and productivity gains. — The Commission 2004 Spring forecast projects a general government deficit of 3,4 % of GDP for 2004, thereby significantly above the official target of a deficit of 2,8 % of GDP. The difference can basically be accounted for by: (i) somewhat lower growth than assumed in the budget; (ii) base effects associated with the one-off measures taken in 2003; and (iii) the planned partial replacement so far of such one-off measures. Therefore, additional measures are needed in order to prevent the government deficit from rising above the 3 % of GDP reference value in 2004 and following years. — After the cut-off date for the Commission Spring 2004 forecast, the Portuguese authorities made public their intention to carry out further (real-estate related) operations to allow the deficit to stay below 3 % of GDP in the current year. — According to the values reported in the first 2004 EDP notification, the government debt ratio was kept below the 60 % of GDP reference value in 2003, thereby in accordance with the Council Recommendation issued under Article 104(7), although it has steadily increased since 2001, and according to the Commission Spring 2004 forecast, is projected to exceed that value in 2004.
EN Official Journal of the European Union L 71/69

COMMISSION DECISION

of 14 March 2005

amending Decision 2003/136/EC as regards the termination of the plan for the emergency vaccination of feral pigs against classical swine fever in Luxembourg

(notified under document number C(2005) 589)

(Only the French text is authentic)

(Text with EEA relevance)

(2005/224/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) and 20(2), thereof,

Whereas:

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

(2) Commission Decision 2003/136/EC of 27 February 2003 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 (2) was adopted as one of a number of measures to combat classical swine fever.

(3) Luxembourg has submitted information indicating that classical swine fever situation in the feral pig population in Luxembourg has improved significantly and that the approved vaccination plan of feral pigs against classical swine fever does not need to be applied anymore.

(4) Decision 2003/136/EC should therefore be amended.

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

HAS ADOPTED THIS DECISION:

Article 1

Decision 2003/136/EC is amended as follows:

1. Article 2 is deleted;

2. Article 3 is replaced by the following: ‘Article 3 Luxembourg shall bring into force the laws, regulations and administrative provisions for implementing the plans referred to in Article 1 in the areas referred to in the Annex.’

Article 2

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

Done at Brussels, 14 March 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.
EN Official Journal of the European Union L 107/26

COMMISSION DECISION

of 25 April 2005

amending Decision 2001/657/EC extending the derogation to include fillets of salt cod and whole salt cod

(notified under document number C(2005) 1256)

(2005/335/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community (Overseas Association Decision) (1), and in particular Article 37(9)(c) of Annex III thereto,

Whereas:

(1) By way of Decision 2001/657/EC (2), a derogation was granted to Saint Pierre and Miquelon from the definition of the concept of originating products to take account of its special situation with regard to frozen fillets of cod, redfish, plaice and halibut of CN code 0304 20.

(2) On 20 January 2005, the French Government has requested an amendment to Decision 2001/657/EC in order to obtain an extension of the scope of the derogation granted in respect of frozen fillets of cod of CN code ex 0304 20, to fillets of salt cod of CN code ex 0305 30 and whole salt cod of CN code 0305 62.

(3) The French Government has based its request on a readjustment in the sales strategy of a local industry towards European markets.

(4) The requested derogation is justified under the terms of the provisions concerned in paragraph 1 of Article 37 of Annex III to the Council Decision 2001/822/EC as it is vital to preserving a seafood-processing industry and the associated jobs.

(5) The requested amendment would not alter the global annual quantity granted for cod, nor would it alter the duration of the derogation and would consequently not cause serious injury to an established Community industry.

(6) Therefore, the Decision 2001/657/EC should be amended accordingly.

(7) The measures provided for in this Decision are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 2001/657/EC is amended in accordance with the Annex to this Decision.

Article 2

This Decision shall apply from 1 May 2005.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 25 April 2005. For the Commission László KOVÁCS Member of the Commission

(1) OJ L 314, 30.11.2001, p. 1.

(2) OJ L 231, 29.8.2001, p. 13.
EN Official Journal of the European Union L 165/31

COMMISSION DECISION

of 24 June 2005

amending for the third time Decision 2004/614/EC as regards the period of application of protection measures relating to avian influenza in South Africa

(notified under document number C(2005) 1863)

(Text with EEA relevance)

(2005/469/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (1), and in particular Article 18(7) thereof,

Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (2), and in particular Article 22(6) thereof,

Whereas:

(1) By Commission Decision 2004/614/EC of 24 August 2004 concerning protection measures in relation to highly pathogenic avian influenza in the Republic of South Africa (3) the Commission adopted protection measures in relation to avian influenza in ratite flocks in South Africa.

(2) In December 2004, the Commission received information from South Africa indicating that the disease situation in ratite flocks had improved. However, that information did not allow the Commission to conclude that the disease had been effectively controlled. No further information has been received from South Africa and the current disease situation appears unclear.

(3) Under the circumstances it is appropriate to prolong the application of Decision 2004/614/EC for another six months. That Decision may, however, be reviewed before the end of the six-month period depending on any further information supplied by South Africa.

(4) 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

In Article 7 of Decision 2004/614/EC, the date ‘30 June 2005’ is replaced by the date ‘31 December 2005’.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 24 June 2005. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 268, 24.9.1991, p. 56. Directive as last amended by the 2003 Act of Accession.

(2) OJ L 24, 30.1.1998, p. 9. 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); corrected version OJ L 191, 28.5.2004, p. 1.

(3) OJ L 275, 25.8.2004, p. 20. Decision as last amended by Decision 2005/210/EC (OJ L 68, 15.3.2005, p. 43).
EN Official Journal of the European Union L 188/35

COUNCIL DECISION

of 12 July 2005

on the adjustment of the allowances paid to members and alternates of the European Economic and Social Committee

(2005/554/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the fourth subparagraph of Article 258 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the fourth subparagraph of Article 166 thereof,

Having regard to the request from the European Economic and Social Committee of 4 April 2005,

Whereas:

The amounts of the daily allowances paid to members and alternates of the European Economic and Social Committee, laid down by Council Decision 81/121/EEC (1), should be adapted,

HAS DECIDED AS FOLLOWS:

Article 1

Article 2 of Decision 81/121/EEC shall be replaced by the following:

‘Article 2 1. The daily allowance per travel day shall be: — EUR 130 for members and alternates. 2. The daily allowance per meeting day shall be: — EUR 208 for members and alternates. 3. Where the beneficiary furnishes satisfactory proof that he has incurred expenditure on an overnight stay at the place of work, he shall be paid a supplementary daily allowance of EUR 30.’

Article 2

This Decision shall take effect on 12 July 2005.

Done at Brussels, 12 July 2005. For the Council The President G. BROWN

(1) OJ L 67, 12.3.1981, p. 29. Decision as last amended by Decision 2002/985/EC, Euratom (OJ L 343, 18.12.2002, p. 31).
EN Official Journal of the European Union L 200/98

COUNCIL DECISION 2005/592/CFSP

of 29 July 2005

implementing Common Position 2004/161/CFSP renewing restrictive measures against Zimbabwe

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Common Position 2004/161/CFSP (1) and in particular Article 6 thereof, in conjunction with Article 23(2) of the Treaty on European Union,

Whereas:

(1) By Common Position 2004/161/CFSP the Council adopted measures, inter alia, to prevent the entry into, or transit through, the territories of Member States of individuals who engage in activities which seriously undermine democracy, respect for human rights and the rule of law in Zimbabwe and to freeze their funds and economic resources.

(2) On 13 June 2005 the Council adopted Council Decision 2005/444/CFSP (2) implementing Common Position 2004/161/CFSP renewing restrictive measures against Zimbabwe following a government reshuffle.

(3) The list of persons subject to the restrictive measures annexed to Common Position 2004/161/CFSP should be updated to incorporate those responsible for the current human rights violations known under the name ‘Operation Murambatsvina’ (forcible demolition and internal displacement),

HAS DECIDED AS FOLLOWS:

Article 1

The list of persons set out in the Annex to Common Position 2004/161/CFSP shall be replaced by the list set out in the Annex to this Decision.

Article 2

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

Article 3

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

Done at Brussels, 29 July 2005. For the Council The President J. STRAW

(1) OJ L 50, 20.2.2004, p. 66.

(2) OJ L 153, 16.6.2005, p. 37.
EN Official Journal of the European Union L 193/29

COUNCIL DECISION

of 24 June 2005

appointing two German members and two German alternate members of the Committee of the Regions

(2005/570/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 (1) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2002 to 25 January 2006.

(2) Two members’ seats on the Committee of the Regions have become vacant following expiry of the mandates of Mr Stanislaw TILLICH and Ms Ulrike RODUST and two alternate members’ seats on the Committee of the Regions have become vacant following expiry of the mandates of Mr Volker SCHIMPFF and Ms Heide SIMONIS,

HAS DECIDED AS FOLLOWS:

Article 1

The following are hereby appointed to the Committee of the Regions for the remainder of the term of office still to run, namely until 25 January 2006:

(a) as members: Mr Uwe DÖRING Minister für Justiz, Arbeit und Europa des Landes Schleswig-Holstein to replace Ms Ulrike RODUST; Mr Hermann WINKLER Sächsischer Staatsminister und Chef der Staatskanzlei, Mitglied des Sächsischen Landtages to replace Mr Stanislaw TILLICH;

(b) as alternate members: Mr Peter Harry CARSTENSEN Ministerpräsident des Landes Schleswig-Holstein to replace Ms Heide SIMONIS; Mr Georg MILBRADT Ministerpräsident des Freistaates Sachsen, Mitglied des Sächsischen Landtages to replace Mr Volker SCHIMPFF.

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 Luxembourg, 24 June 2005. For the Council The President L. LUX

(1) OJ L 24, 26.1.2002, p. 38.
EN Official Journal of the European Union L 238/18

COMMISSION DECISION

of 13 September 2005

amending Decision 2003/63/EC authorising Member States to provide for temporary derogations from Council Directive 2000/29/EC in respect of potatoes, other than potatoes intended for planting, originating in certain provinces of Cuba

(notified under document number C(2005) 3406)

(2005/649/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,

Whereas:

(1) Under Directive 2000/29/EC, potatoes, other than potatoes intended for planting, originating in Cuba may not be introduced into the Community. However, that Directive permits derogations from that rule provided there is no risk of spreading harmful organisms.

(2) Commission Decision 2003/63/EC (2) provides for a derogation for the importation of potatoes, other than potatoes intended for planting, originating in certain provinces of Cuba, subject to specific conditions.

(3) Germany and the United Kingdom have asked for an extension of that derogation.

(4) The situation justifying that derogation remains unchanged and the derogation should therefore continue to apply.

(5) Decision 2003/63/EC should, therefore, be amended accordingly.

(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

Decision 2003/63/EC is amended as follows:

1. In Article 2, the second paragraph is replaced by the following: ‘The Member States of importation shall provide the Commission and the other Member States, before 1 September of each calendar year in which importation takes place, with the information on the quantities imported pursuant to this Decision and with a detailed technical report of the official examination referred to in point 2(f) of the Annex. Copies of each phytosanitary certificate shall be transmitted to the Commission.’

2. Article 3 is replaced by the following: ‘Article 3 Article 1 shall apply to potatoes, other than potatoes intended for planting, that are introduced into Community, in the periods: (i) between 1 January and 31 May 2006; (ii) between 1 January and 31 May 2007; (iii) between 1 January and 31 May 2008.’

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 13 September 2005. 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 2005/16/EC (OJ L 57, 3.3.2005, p. 19).

(2) OJ L 24, 29.1.2003, p. 11.