ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 151/19

COMMISSION DECISION

of 9 June 2005

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

(notified under document number C(2005) 1687)

(Text with EEA relevance)

(2005/433/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 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 (USA) has requested that amendments be made to the list as regards entries for that country.

(3) The USA has provided guarantees regarding compliance with the appropriate rules set out in Directive 89/556/EEC and the embryo collection team concerned has 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 17 June 2005.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 9 June 2005. 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 250, 29.8.1992, p. 40. Decision as last amended by Decision 2005/29/EC (OJ L 15, 19.1.2005, p. 34).
EN Official Journal of the European Union L 296/39

COMMISSION DECISION

of 11 November 2005

amending Decision 97/569/EC as regards the inclusion of one establishment in South Africa in provisional lists of third country establishments from which Member States authorise imports of meat products

(notified under document number C(2005) 4283)

(Text with EEA relevance)

(2005/787/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 95/408/EC of 22 June 1995 on the conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorised to import certain products of animal origin, fishery products or live bivalve molluscs (1), and in particular Article 2(1) and (4) thereof,

Whereas:

(1) Provisional list of establishments in third countries from which the Member States authorise imports of meat products have been drawn up by Commission Decision 97/569/EC (2).

(2) South Africa has provided the name of one establishment producing meat products for which the responsible authorities certify that the establishment complies with Community rules.

(3) Accordingly, that establishment should be included in the lists drawn up by Decision 97/569/EC.

(4) As on-the-spot inspections of the concerned establishment have not yet been carried out, imports from it should not be eligible for reduced physical checks pursuant 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 (3).

(5) Decision 97/569/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 the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

Annex I to Decision 97/569/EC is amended in accordance with the Annex to this Decision.

Article 2

This Decision shall apply from 15 November 2005.

Article 3

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 243, 11.10.1995, p. 17. Decision as last amended by Directive 2004/41/EC of the European Parliament and of the Council (OJ L 157, 30.4.2004, p. 33; corrected version in OJ L 195, 2.6.2004, p. 12).

(2) OJ L 234, 26.8.1997, p. 16. Decision as last amended by the 2003 Act of Accession.

(3) 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 in OJ L 191, 28.5.2004, p. 1).
EN Official Journal of the European Union L 303/62

COUNCIL DECISION 2005/808/CFSP

of 21 November 2005

extending the mandate of the Head of Mission of the European Union Monitoring Mission (EUMM)

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 2002/921/CFSP of 25 November 2002 extending the mandate of the European Union Monitoring Mission (1), and in particular Article 5(1) thereof,

Whereas:

(1) On 22 November 2004, the Council adopted Decision 2004/795/CFSP (2) extending the mandate of Ms Maryse DAVIET as Head of Mission of the European Monitoring Mission (EUMM). This Decision expires on 31 December 2005.

(2) On 21 November 2005, the Council adopted Joint Action 2005/807/CFSP extending and amending the mandate of the European Union Monitoring Mission (EUMM) (3) until 31 December 2006.

(3) The mandate of the Head of Mission of the EUMM should therefore also be extended,

HAS DECIDED AS FOLLOWS:

Article 1

The mandate of Ms Maryse DAVIET as Head of Mission of the EUMM is hereby extended until 31 December 2006.

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, 21 November 2005. For the Council The President J. STRAW

(1) OJ L 321, 26.11.2002, p. 51 and corrigendum in OJ L 324, 29.11.2002, p. 76. Joint Action as last amended by Joint Action 2004/794/CFSP (OJ L 349, 25.11.2004, p. 55).

(2) OJ L 349, 25.11.2004, p. 56.

(3) See page 61 of this Official Journal.
EN Official Journal of the European Union L 39/47

COUNCIL DECISION

of 31 January 2005

appointing one Portuguese member and two Portuguese alternate members of the Committee of the Regions

(2005/121/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 Portuguese Government,

Whereas:

(1) Council Decision 2002/60/EC of 22 January 2002 appointed the members and alternate members of the Committee of the Regions (1),

(2) one seat as a member of the Committee of the Regions has become vacant following the resignation of Mr Pedro SANTANA LOPES, notified to the Council on 22 July 2004, and one seat as an alternate member of the Committee of the Regions has become vacant following the resignation of Mr Roberto de Sousa Rocha AMARAL, notified to the Council on 7 December 2004, and one seat as an alternate member of the Committee of the Regions has become vacant following the nomination of Mr Manuel do Nascimento MARTINS as a member,

HAS DECIDED AS FOLLOWS:

Sole Article

The following are hereby appointed to the Committee of the Regions:

(a) as member: Mr Manuel do Nascimento MARTINS Presidente da Câmara Municipal de Vila Real in place of Mr Pedro SANTANA LOPES;

(b) as alternate members: Mr Vasco Ilídio ALVES CORDEIRO Secretário regional da Presidência da Região Autónoma dos Açores in place of Mr Roberto AMARAL; Mr Manuel Joaquim BARATA FREXES Presidente da Câmara Municipal do Fundão Praça do Município in place of Mr Manuel do Nascimento MARTINS;

for the remainder of their term of office, which runs until 25 January 2006.

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

(1) OJ L 24, 26.1.2002, p. 38.
EN Official Journal of the European Union L 36/4

COUNCIL DECISION

of 31 January 2005

appointing one Hungarian member and three Hungarian alternate members of the Committee of the Regions

(2005/111/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 Hungarian Government,

Whereas:

(1) On 22 January 2002 the Council adopted Decision 2002/60/EC appointing the members and alternate members of the Committee of the Regions (1).

(2) One seat as a member of the Committee of the Regions has become vacant following the resignation of Mr Gábor DEMSZKY, notified to the Council on 10 August 2004, and two seats as an alternate member of the Committee of the Regions have become vacant following the resignation of Ms Klára KOVÁCSNÉ, notified to the Council on 7 July 2004, and the resignation of Mr János LÁZÁR, notified to the Council on 21 September 2004, and one seat as an alternate member has become vacant following the nomination of Mr Gábor BIHARY as a member,

HAS DECIDED AS FOLLOWS:

Sole Article

The following are hereby appointed to the Committee of the Regions

(a) as members: Mr Gábor BIHARY Member of the General Assembly of the Capital, President of the European Integration and Foreign Affairs Committee of the General Assembly of the Capital in place of Mr Gábor DEMSZKY

(b) as alternate members: Mr Béla CSÉCSEI Mayor of District VIII of Budapest in place of Mr Gábor BIHARY Mr Nándor LITTER Mayor of Nagykanizsa in place of Mr János LÁZÁR Mr Zoltán NAGY Member of local government, City Government of Komárom in place of Ms Klára KOVÁCSNÉ HORVÁTH

for the remainder of their term of office, which runs until 25 January 2006.

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

(1) OJ L 24, 26.1.2002, p. 38.
1.

Article 1 is replaced by the following: ‘Article 1 1. Member States shall authorise the importation of bees (Apis mellifera & Bombus spp.) as foreseen by Directive 92/65/EEC provided the following requirements are complied with: — they come from third countries or parts thereof listed in part 1 of Annex III, — they are accompanied by a health certificate in accordance with the specimen set out in Annex I and comply with the guarantees laid down in this specimen, and — the consignments are limited to a maximum of 20 accompanying attendants to one queen bee in one single queen bee cage. 2. Member States shall only authorise the importation of bees (Apis mellifera & Bombus spp.) referred to in paragraph 1 from a third country if the presence of American foulbrood, the small hive beetle (Aethina tumida) and the Tropilaelaps mite (Tropilaelaps spp.) are notifiable diseases/pests throughout the whole territory of that third country. By way of derogation, imports of bees shall be authorised from a geographically and epidemiologically isolated part of a third country listed in part 2 of Annex III. When such a derogation is applied, imports of bees from all other parts of the territory of that third country not listed in part 2 of Annex III shall be automatically excluded. 3. At the designated destination, where the hives shall be put under official control, the queens shall be transferred to new cages before being introduced to local colonies. 4. The cages, attendants, and other material that accompanied the queens from the third country of origin shall be sent to a laboratory for examination for the presence of the small hive beetle, their eggs or larvae and signs of the Tropilaelaps mite. After laboratory examination, all material shall be destroyed.’
(25)

Tetra relies on what it considers to be the different character between Form CO and a Request for Information. In Tetra’s opinion, Form CO sets out a series of pre-defined factual questions to allow for an assessment of the completeness of the notification, whereas the contents of Requests for Information, are drawn up depending on the Commission’s information requirements at a given moment in its decision-making process and must be construed taking into account this context and typically requires the addressees to express subjective views as to the issues raised. In addition, Tetra considers that Requests for Information are of a less formal character and provide a means of discussion and exchange of views, for the Commission and the parties. According to Tetra, this is recognised in Article 14(1)(c) which sanctions the provision of incorrect information but not of misleading information whereas Article 14(1)(b) sanctions the provision of incorrect or misleading information. On this basis, Tetra considers that the scope for imposing sanctions under Article 14(1)(c) is significantly more limited than under Article 14(1)(b).
EN Official Journal of the European Union L 114/13

COUNCIL DECISION

of 26 April 2005

designating the seat of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union

(2005/358/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Article 15, fifth paragraph of Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (1) (hereinafter referred to as the Agency),

HAS DECIDED AS FOLLOWS:

Article 1

The Agency shall have its seat in Warsaw (Poland).

Article 2

This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

Done at Luxembourg, 26 April 2005. For the Council The President F. BODEN

(1) OJ L 349, 25.11.2004, p. 1.
EN Official Journal of the European Union L 234/11

COMMISSION DECISION

of 1 December 2004

on the State aid implemented by Greece in favour of reduction of corporate tax rate for investments over EUR 30 million

(notified under document number C(2004) 4566)

(Only the Greek text is authentic)

(Text with EEA relevance)

(2005/642/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 88(2) thereof,

Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,

Having called on interested parties to submit their comments pursuant to the provisions cited above (1),

Whereas:

I. PROCEDURE

(1) On 3 March 2004 (C(2004) 456 fin), the Commission initiated the formal investigation procedure in respect of the measure Reduction of corporate tax rate for investments over EUR 30 million.

(2) The Commission decision to initiate the procedure was published in the Official Journal of the European Union (2). The Commission invited interested parties to submit their comments on the measure.

(3) The reply from the Greek authorities to the initiation of the formal investigation procedure was received on 13 April 2004 (SG(2004)A/3964) and Greece last provided information on 17 August 2004 (A/36270).

(4) The Commission received no comments from interested third parties.

II. DESCRIPTION

(5) On 15 January 2004, Greece enacted the law on ‘Development and social policy measures — Objectivity of tax controls and other provisions’, which entered into force on 30 January 2004, on the date of its publication in the Official Journal of the Hellenic Republic No 3220/2004 (FEK A 15). Article 1 of the law provides that undertakings investing over EUR 30 million in Greece benefit from a reduction of the applicable corporate tax rate from 35 % (the normal corporate tax rate) to 25 % during a period of 10 years.

III. ASSESSMENT

(6) The law which was the object of the formal investigation procedure was abrogated by Greece with the retroactive effect by law 3259/2004, Article 22, paragraph 1 (published on 4 August 2004).

(7) Greece confirmed that no undertaking took advantage of the incentive provided for in Article 1 of law 3220/2004.

(8) As the measure was never applied in practise and is now abrogated, the assessment of the measure and the formal investigation procedure under Article 88(2) of the EC Treaty in respect of this measure are now without object,

HAS ADOPTED THIS DECISION:

Article 1

The formal investigation procedure under Article 88(2) of the EC Treaty initiated on 3 March 2004 in respect of reduction of corporate tax rate for investments over EUR 30 million is closed.

Article 2

This Decision is addressed to the Hellenic Republic.

Done at Brussels, 1 December 2004. For the Commission Neelie KROES Member of the Commission

(1) OJ C 87, 7.4.2004, p. 10.

(2) See footnote 1.
(5)

Based on the data provided by the Commission after reporting by the Netherlands before 1 March 2005 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 (3), on the subsequent reporting of revised general government accounts to Eurostat on 31 March 2005, and on the Commission services’ Spring 2005 forecast, the following conclusions are warranted: — the general government deficit is estimated at 2,3 % of GDP in 2004, compared with 3,2 % in 2003. The outcome for 2004 is in compliance with the Council recommendation issued under Article 104(7) of the Treaty, particularly as regards the reduction of the government deficit below the reference value of 3 % of GDP by 2005 at the latest. Fiscal adjustment was pursued in 2004 in the form of substantial savings measures, partly contained in the 2004 budget and partly decided in the additional consolidation package on 14 April 2004. Moreover, stronger-than-expected tax receipts and additional revenues from the sale of natural gas in response to high oil prices helped reduce the deficit, — the budgetary measures taken are geared towards securing a lasting improvement in the general government balance. For 2005, the Commission services’ Spring 2005 forecast projects a further decline in the general government deficit to 2,0 % of GDP, largely in response to savings measures, mostly of a structural nature, adding up to 0,5 % of GDP. This is in line with the official target of a deficit of 2,1 % of GDP. For 2006, the Commission services’ Spring 2005 forecast projects, based on currently known policies, a further fall in the deficit to 1,6 % of GDP, pointing to the durable correction of the budget deficit, — the budgetary consolidation will be sustained through a reduction in the cyclically adjusted deficit which is expected to reach close to balance after the excessive deficit has been corrected. In 2004, the cyclically adjusted deficit fell markedly to 1,2 % of GDP, compared to 2,0 % of GDP in 2003. The Commission services’ Spring 2005 forecast projects the cyclically adjusted deficit to further decrease in 2005 by another 0,8 % of GDP, to 0,4 % of GDP, which is close to balance, and to fall to 0,0 % of GDP in 2006, — according to the March 2005 excessive deficit procedure notification, the government debt ratio was kept below the 60 % of GDP reference value in 2004. The Commission services’ Spring 2004 forecast projects it to remain below this threshold in 2005 and 2006.
EN Official Journal of the European Union L 345/28

COMMISSION DECISION

of 23 December 2005

on the continuation in the year 2006 of Community comparative trials and tests on propagating and planting material of Prunus domestica and of Prunus persica (L.) Batsch, Malus Mill. and Rubus idaeus L. under Council Directive 92/34/EEC started in 2002, 2003 and 2004

(2005/949/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),

Having regard to Commission Decision 2001/896/EC of 12 December 2001 setting out the arrangements for Community comparative trials and tests on propagating and planting material of fruit plants under Council Directive 92/34/EEC (2), and in particular Article 2 thereof,

Having regard to Commission Decision 2002/745/EC of 5 September 2002 setting out the arrangements for Community comparative trials and tests on propagating and planting material of fruit plants under Council Directive 92/34/EEC (3), and in particular Article 3 thereof,

Having regard to Commission Decision 2003/894/EC of 11 December 2003 setting out the arrangements for Community comparative trials and tests on propagating and planting material of Prunus persica (L.) Batsch, Malus Mill. and Rubus idaeus L. pursuant to Council Directive 92/34/EEC (4), and in particular Article 3 thereof,

Whereas:

(1) Decision 2001/896/EC sets out the arrangements for the comparative trials and tests to be carried out under Directive 92/34/EEC as regards Prunus domestica from 2002 to 2006.

(2) Tests and trials carried out in 2002 to 2005 should be continued in 2006.

(3) Decision 2002/745/EC sets out the arrangements for the comparative trials and tests to be carried out under Directive 92/34/EEC as regards Prunus domestica from 2003 to 2007.

(4) Tests and trials carried out in 2003 to 2005 should be continued in 2006.

(5) Decision 2003/894/EC sets out the arrangements for the comparative trials and tests to be carried out under Directive 92/34/EEC as regards Prunus persica (L.) Batsch, Malus Mill. and Rubus idaeus L. from 2004 to 2008.

(6) Tests and trials carried out in 2004 and 2005 should be continued in 2006,

HAS DECIDED AS FOLLOWS:

Sole Article

Community comparative trials and tests which began in 2002 and 2003 on propagating and planting material of Prunus domestica shall be continued in 2006 in accordance with Decisions 2001/896/EC and 2002/745/EC respectively.

Community comparative trials and tests, which began in 2004 on propagating and planting material of Prunus persica (L.) Batsch, Malus Mill. and Rubus idaeus L., shall be continued in 2006 in accordance with Decision 2003/894/EC.

Done at Brussels, 23 December 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 Decision 2005/54/EC (OJ L 22, 26.1.2005, p. 16).

(2) OJ L 331, 15.12.2001, p. 95.

(3) OJ L 240, 7.9.2002, p. 65.

(4) OJ L 333, 20.12.2003, p. 88.