ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 305/39

COMMISSION DECISION

of 21 November 2005

authorising the Republic of Hungary to use certain approximate estimates for the calculation of the VAT own resources base

(notified under document number C(2005) 4427)

(Only the Hungarian text is authentic)

(2005/818/EC, Euratom)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Treaty establishing the European Atomic Energy Community,

Having regard to Council Regulation (EEC, Euratom) No 1553/89 of 29 May 1989 on the definitive uniform arrangements for the collection of own resources accruing from value added tax (1), and in particular Article 13 thereof,

Whereas:

(1) Under Article 28 (3) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (2), hereinafter called ‘the sixth Directive’, the Member States may continue to exempt or tax certain transactions. These transactions must be taken into account for the determination of the VAT resources base.

(2) For the application of the provisions in Article 28(3) of the sixth Directive, Paragraph 1(c) of Section 7 (Taxation) in Annex X to the Act of Accession of the Republic of Hungary to the European Communities (3), authorises the Republic of Hungary to exempt certain transactions listed in Annex F to the sixth Directive.

(3) The Republic of Hungary is unable to make a precise calculation of the VAT own resources base for transactions listed in Annex F, point 17, to the sixth Directive. Such calculation is likely to involve an unjustified administrative burden in relation to the effect of these transactions on the Republic of Hungary’s total VAT resources base. The Republic of Hungary is able to make a calculation using approximate estimates for this category of transactions listed in Annex F to the sixth Directive. The Republic of Hungary should therefore be authorised to calculate the VAT base using approximate estimates in accordance with the second indent of Article 6(3) of Regulation (EEC, Euratom) No 1553/89.

(4) The Advisory Committee on Own Resources has approved the report recording the opinions of its members on this Decision,

HAS ADOPTED THIS DECISION:

Article 1

For the purpose of calculating the VAT own resources base from 1 May 2004, the Republic of Hungary is authorised to use approximate estimates in respect of the following category of transactions referred to in Annex F to the sixth Directive:

1. passenger transport (Annex F, point 17).

Article 2

This Decision is addressed to the Republic of Hungary.

Done at Brussels, 21 November 2005. For the Commission Dalia GRYBAUSKAITĖ Member of the Commission

(1) OJ L 155, 7.6.1989, p. 9. Regulation as amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(2) 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).

(3) OJ L 236, 23.9.2003, p. 853.
EN Official Journal of the European Union L 166/12

COMMISSION DECISION

of 24 June 2005

concerning the financing of studies, impact assessments and evaluations covering the areas of food safety, animal health and welfare and zootechnics

(2005/472/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), and in particular Article 20 thereof,

Whereas:

(1) In accordance with Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field, the Community is to undertake or assist the Member States in undertaking the technical and scientific measures necessary for the development of Community veterinary legislation and for the development of veterinary education or training.

(2) Studies, impact assessments as well as systematic and timely evaluations of its expenditure programmes are an established priority for the European Commission (EC), as a means of accounting for the management of allocated funds and as a way of promoting a lesson-learning culture throughout the organisation, particularly in a context of increased focus on results-based management.

(3) In order to carry out these tasks, a call for tender for an evaluation framework contract covering the policy areas of food safety, animal health and welfare and zootechnics has been launched following an open procedure during the last quarter 2004.

(4) This framework contract is expected to provide high quality, timely and relevant information which will serve as a basis for Community decision making.

(5) All individual tasks shall be subject to specific agreements. These agreements shall be signed between the Commission and the selected contractor as defined in the framework contract.

(6) The measure provided for in this Decision is in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS DECIDED AS FOLLOWS:

Sole Article

The actions described in the Annex to this Decision are approved for the purpose of their financing.

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

(1) OJ L 224, 18.8.1990, p. 19. Decision as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).
EN Official Journal of the European Union L 333/55

DECISION OF THE EUROPEAN CENTRAL BANK

of 9 December 2005

on the approval of the volume of coin issuance in 2006

(ECB/2005/14)

(2005/918/EC)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Treaty establishing the European Community, and in particular to Article 106(2) thereof,

Whereas:

(1) The European Central Bank (ECB) has the exclusive right from 1 January 1999 to approve the volume of coins issued by the Member States that have adopted the euro (the participating Member States).

(2) The participating Member States have submitted to the ECB for approval their estimates of the volume of euro coins to be issued in 2006, supplemented by explanatory notes on the forecasting methodology,

HAS DECIDED AS FOLLOWS:

Article 1

Approval of the volume of euro coins to be issued in 2006

The ECB hereby approves the volume of coins to be issued by the participating Member States in 2006 as described in the following table:

(EUR million) Issuance of coins intended for circulation and issuance of collector coins (not intended for circulation) in 2006 Belgium 145,5 Germany 500,0 Greece 71,4 Spain 625,0 France 362,0 Ireland 76,0 Italy 772,4 Luxembourg 45,0 Netherlands 60,0 Austria 177,0 Portugal 150,0 Finland 60,0

Article 2

Final provision

This Decision is addressed to the participating Member States.
EN Official Journal of the European Union L 296/41

COMMISSION DECISION

of 11 November 2005

concerning the non-inclusion of naled in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance

(notified under document number C(2005) 4351)

(Text with EEA relevance)

(2005/788/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular the fourth subparagraph of Article 8(2) thereof,

Whereas:

(1) Article 8(2) of Directive 91/414/EEC provides that a Member State may, during a period of 12 years following the notification of that Directive, authorise the placing on the market of plant protection products containing active substances not listed in Annex I of that Directive that are already on the market two years after the date of notification, while those substances are gradually being examined within the framework of a programme of work.

(2) Commission Regulations (EC) No 451/2000 (2) and (EC) No 703/2001 (3) lay down the detailed rules for the implementation of the second stage of the programme of work referred to in Article 8(2) of Directive 91/414/EEC. For the active substance naled, the notifier informed the Commission on 2 December 2004 that it no longer wished to seek the inclusion of that substance in Annex I to Directive 91/414/EEC. Consequently, that active substance should not be included in that Annex and Member States should withdraw all authorisations for plant protection products containing naled.

(3) A period of grace for disposal, storage, placing on the market and use of existing stocks should be provided to allow those stocks to be used in one further growing season.

(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

Naled shall not be included as an active substance in Annex I to Directive 91/414/EEC.

Article 2

Member States shall ensure that:

(a) authorisations for plant protection products containing naled are withdrawn by 11 May 2006;

(b) no authorisations for plant protection products containing naled are granted or renewed from 12 November 2005.

Article 3

Any period of grace granted by Member States in accordance with Article 4(6) of Directive 91/414/EEC, for the disposal, storage, placing on the market and use of existing stocks shall be as short as possible and shall expire on 11 May 2007 at the latest.

Article 4

This Decision is addressed to the Member States.

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

(1) OJ L 230, 19.8.1991, p. 1. Directive as last amended by Regulation (EC) No 396/2005 of the European Parliament and of the Council (OJ L 70, 16.3.2005, p. 1).

(2) OJ L 55, 29.2.2000, p. 25. Regulation as last amended by Regulation (EC) No 1044/2003 (OJ L 151, 19.6.2003, p. 32).

(3) OJ L 98, 7.4.2001, p. 6.
EN Official Journal of the European Union L 95/12

Corrigendum to Commission Decision 2006/109/EC of 19 January 2006 accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of certain castings originating in the People's Republic of China

( Official Journal of the European Union L 47 of 17 February 2006 )

On page 61, in Article 1, under the 15th exporting producer on the list:

for:

‘Shane City Fangyuan Casting Co., Ltd., West of Nango Village, Shiliting Town, Shane City, Hebei Province’,

read:

‘Shahe City Fangyuan Casting Co., Ltd., West of Nango Village, Shiliting Town, Shahe City, Hebei Province’.
EN Official Journal of the European Union L 57/28

Corrigendum to Council Decision 2006/969/EC of 18 December 2006 concerning the Seventh Framework Programme of the European Atomic Energy Community (Euratom) on nuclear research and training activities (2007 to 2011)

( Official Journal of the European Union L 391 of 30 December 2006 )

The publication of the Decision in the abovementioned Official Journal is annulled.

The publication of the same text as ‘Council Decision 2006/970/EC of 18 December 2006’ in OJ L 400, 30.12.2006, p. 60, remains valid.

(For technical reasons, this latter Decision has been republished in OJ L 54, 22.2.2007, p. 21.)
EN Official Journal of the European Union L 11/33

COMMISSION DECISION

of 11 January 2006

amending Appendix A to Annex V to the 2003 Act of Accession as regards certain establishments in the meat and milk sectors in the Czech Republic

(notified under document number C(2005) 6052)

(Text with EEA relevance)

(2006/17/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 V, Chapter 3, Section A(1), paragraph (d) thereto,

Whereas:

(1) The Czech Republic has been granted transitional periods for certain establishments listed in Appendix A (1) to Annex V to the 2003 Act of Accession.

(2) According to an official declaration from the Czech competent authority, certain establishments have completed their upgrading process and are now in full compliance with Community legislation. Certain establishments have ceased their activities for which they have obtained a transitional period. Those establishments should therefore be deleted from the list of establishments in transition.

(3) The status of three meat establishments and their reclassification as low capacity establishments is still under discussion with the Czech competent authority. It is necessary to provide a short supplementary time in which to clarify the situation.

(4) Appendix A to Annex V 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

Appendix A to Annex V 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, 11 January 2006. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ C 227 E, 23.9.2003, p. 14.
EN Official Journal of the European Union L 35/57

COUNCIL DECISION

of 30 January 2006

on the principles, priorities and conditions contained in the European Partnership with the former Yugoslav Republic of Macedonia and repealing Decision 2004/518/EC

(2006/57/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 533/2004 of 22 March 2004 on the establishment of European Partnerships in the framework of the stabilisation and association process (1), and in particular Article 2 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) The Thessaloniki European Council of 19-20 June 2003 endorsed the introduction of the European Partnerships as a means of realising the European perspective of the western Balkan countries within the framework of the stabilisation and association process.

(2) Regulation (EC) No 533/2004 provides in its Article 2 that the Council is to decide on the principles, priorities and conditions to be contained in the European Partnerships, as well as any subsequent adjustments.

(3) The Council adopted on 14 June 2004 a first European Partnership with the former Yugoslav Republic of Macedonia (2). It is appropriate to update this Partnership in order to identify new priorities for further work on the basis of the findings of the opinion on the application from the former Yugoslav Republic of Macedonia for membership of the European Union.

(4) Regulation (EC) No 533/2004 stated that the follow-up to the European Partnerships will be ensured within the framework of the mechanisms established under the stabilisation and association process.

(5) In order to prepare for further integration with the European Union, the former Yugoslav Republic of Macedonia should develop a plan with a timetable and specific measures to address the priorities of this European Partnership.

(6) Decision 2004/518/EC should therefore be repealed,

HAS DECIDED AS FOLLOWS:

Article 1

In accordance with Article 1 of Regulation (EC) No 533/2004, the principles, priorities and conditions in the European Partnership with the former Yugoslav Republic of Macedonia are set out in the Annex hereto, which forms an integral part of this Decision.

Article 2

The implementation of the European Partnership shall be monitored through the mechanisms established under the stabilisation and association process, notably the annual progress reports presented by the Commission.

Article 3

Decision 2004/518/EC shall be repealed.

Article 4

This Decision shall take effect on the third day following its publication in the Official Journal of the European Union.

Done at Brussels, 30 January 2006. For the Council The President U. PLASSNIK

(1) OJ L 86, 24.3.2004, p. 1.

(2) Council Decision 2004/518/EC of 14 June 2004 on the principles, priorities and conditions contained in the European Partnership with the former Yugoslav Republic of Macedonia (OJ L 222, 23.6.2004, p. 20).
EN Official Journal of the European Union L 31/24

COMMISSION DECISION

of 2 February 2006

amending Annex C to Council Directive 89/556/EEC as regards the model animal health certificate for intra-Community trade in embryos of domestic animals of the bovine species

(notified under document number C(2006) 193)

(Text with EEA relevance)

(2006/60/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 16 thereof,

Whereas:

(1) Directive 89/556/EEC sets out the animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species.

(2) That Directive provides, inter alia, that bovine embryos are not to be sent from one Member State to another unless they have been conceived by artificial insemination or in vitro fertilisation using semen from a donor sire standing at a semen collection centre approved by the competent authority for the collection, processing and storage of semen or semen imported in accordance with Council Directive 88/407/EEC of 14 June 1988 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species (2).

(3) The model animal health certificate for intra-Community trade in embryos of domestic animals of the bovine species is laid down in Annex C to Directive 89/556/EEC. That certificate does not contain any specific requirements concerning semen used for fertilisation.

(4) Problems have been encountered in trade in embryos in particular following the adoption of stricter rules for the admission of bulls into semen collection centres in Directive 88/407/EEC, as amended by Directive 2003/43/EC (3).

(5) In order to avoid certification problems, an additional certification requirement should be included in the current model animal health certificate providing for an obligation that semen used for fertilisation is to comply with Directive 88/407/EEC.

(6) Directive 89/556/EEC should therefore be amended accordingly.

(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

Annex C to Directive 89/556/EEC is replaced by the text in the Annex to this Decision.

Article 2

This Decision shall apply from 23 February 2006.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 2 February 2006. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 302, 19.10.1989, p. 1. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(2) OJ L 194, 22.7.1988, p. 10. Directive as last amended by Commission Decision 2006/16/EC (OJ L 11, 17.1.2006, p. 21).

(3) OJ L 143, 11.6.2003, p. 23.
EN Official Journal of the European Union L 52/39

COMMISSION DECISION

of 13 February 2006

fixing for the year 2006 an indicative allocation between the Member States of the financing under the Community Tobacco Fund of the measures referred to in Articles 13 and 14 of Regulation (EC) No 2182/2002

(notified under document number C(2006) 347)

(2006/134/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2075/92 of 30 June 1992 on the common organisation of the market in raw tobacco (1), and in particular Article 14a thereof,

Whereas:

(1) Articles 13 and 14 of Commission Regulation (EC) No 2182/2002 of 6 December 2002 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 with regard to the Community Tobacco Fund (2) provide for measures to promote a switch of tobacco production. Those measures are to be financed by the Community Tobacco Fund set up by Article 13 of Regulation (EEC) No 2075/92.

(2) The total amount available to the Community Tobacco Fund for 2006 is EUR 28,8 million, 50 % of which should be used to finance specific measures to help tobacco growers to switch to other crops or to other economic activities that create employment, and to fund related studies.

(3) It is therefore necessary to fix an indicative allocation of the available amount between the Member States concerned in accordance with Article 17(2) of Regulation (EC) No 2182/2002.

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

HAS ADOPTED THIS DECISION:

Article 1

For the year 2006, the indicative allocation between the Member States of the financing under the Community Tobacco Fund of the measures referred to in Articles 13 and 14 of Regulation (EC) No 2182/2002 shall be as set out in the Annex.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 13 February 2006. For the Commission Mariann FISCHER BOEL Member of the Commission

(1) OJ L 215, 30.7.1992, p. 70. Regulation as last amended by Regulation (EC) No 1679/2005 (OJ L 271, 15.10.2005, p. 1).

(2) OJ L 331, 7.12.2002, p. 16. Regulation as last amended by Regulation (EC) No 1881/2005 (OJ L 301, 18.11.2005, p. 3).
3.

Part 3 is replaced by the following: ‘PART 3 Hennessy Grading Probe (HGP 4) 1. Grading of pig carcases shall be carried out by means of the apparatus termed “Hennessy Grading Probe (HGP 4)”. 2. The apparatus shall be equipped with a probe of 5,95 millimetres diameter (and of 6,3 millimetres at the blade of the top of the probe) containing a photodiode (Siemens LED of the type LYU 260-EO and photodetector of the type 58 MR) and having an operating distance of between 0 and 120 millimetres. The results of the measurements shall be converted into estimated lean meat content by means of the HGP 4 itself or a computer linked to it. 3. The lean meat content of the carcase shall be calculated according to the following formula: = 71,5278 – 0,86638 x where: = the estimated lean meat percentage in the carcase, x = the thickness of the backfat (including rind) in millimetres measured at 6 centimetres off the midline of the carcase at the last rib (known as “P2”) The formula shall be valid for carcases weighing between 50 and 140 kilograms.’
(6)

In light of the EFSA opinion and of the current emergency, the Commission intends to revise the existing permanent Community measures concerning imports of feathers, in particular the relevant provisions of Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (3) laying down requirements under which animal by-products may be imported from third countries in such a way as not to pose a risk to public or animal health for the Community. Chapter VIII of Annex VIII to that Regulation sets out requirements for the placing on the market of feathers and parts of feathers. However, to achieve complete harmonisation in this area at Community level provision would also need to be made for import health certificates for feathers and parts of feathers and the list of third countries from which Member States authorise the import of these animal by-products.