ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 271/54

COUNCIL DECISION 2005/719/JHA

of 12 October 2005

fixing the date of application of certain provisions of Decision 2005/211/JHA concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Decision 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (1), and in particular to Article 2(4) thereof,

Whereas:

(1) Decision 2005/211/JHA specifies that the provisions of Article 1 of that Decision shall apply from a date fixed by the Council, as soon as the necessary preconditions have been fulfilled, and that the Council may decide to fix different dates for the application of different provisions. Those preconditions have been fulfilled in respect of Article 1(12) of Decision 2005/211/JHA.

(2) As regards Switzerland, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement signed between the European Union, the European Community and the Swiss Confederation concerning the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis (2), which falls in the area referred to in Article 1, point G of Decision 1999/437/EC (3) read in conjunction with Article 4(1) of the Council Decisions 2004/849/EC (4) and 2004/860/EC (5) on the signing on behalf of the European Union, and on the signing on behalf of the European Community, and on the provisional application of certain provisions of that Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

Article 1(12) of Decision 2005/211/JHA shall apply from 15 October 2005.

Article 2

This Decision shall take effect on the date of its adoption. It shall be published in the Official Journal of the European Union.

Done at Luxembourg, 12 October 2005. For the Council The President C. CLARKE

(1) OJ L 68, 15.3.2005, p. 44.

(2) Council document 13054/04 accessible on http://register.consilium.eu.int

(3) OJ L 176, 10.7.1999, p. 31.

(4) OJ L 368, 15.12.2004, p. 26.

(5) OJ L 370, 17.12.2004, p. 78.
‘ANNEX

ZONES APPROVED FOR ONE OR MORE OF THE MOLLUSC DISEASES BONAMIA OSTREAE AND MARTEILIA REFRINGENS

1.A. Zones in Ireland approved with regard to B. Ostreae

— The whole coastline of Ireland, except the following seven areas: — Cork Harbour — Galway Bay — Ballinakill Harbour — Clew Bay — Achill Sound — Loughmore, Blacksod Bay — Lough Foyle

1.B. Zones in Ireland approved with regard to M. Refringens

— The whole coastline of Ireland

2.A. Zones in the United Kingdom, the Channel Islands and the Isle of Man approved with regard to B. Ostreae

— The whole coastline of Great Britain, except the following three areas: — the south coast of Cornwall from the Lizard to Start Point — the area around the Solent estuary from Portland Bill to Selsey Bill — the area along the coast in Essex from Shoeburyness to Landguard point

— The whole coastline of Northern Ireland, except the following area: — Lough Foyle

— The whole coastline of Guernsey and Herm

— The zone of the States of Jersey: The zone consists of the intertidal and immediate coastal area between the mean high-water mark on the Island of Jersey and an imaginary line drawn three nautical miles from the mean low water mark of the Island of Jersey. The zone is situated in the Normano-Breton Gulf, on the south side of the English Channel

— The whole coastline of the Isle of Man

2.B. Zones in the United Kingdom, the Channel Islands and the Isle of Man approved with regard to M. Refringens

— The whole coastline of Great Britain

— The whole coastline of Northern Ireland

— The whole coastline of Guernsey and Herm

— The zone of the States of Jersey: The zone consists of the intertidal and immediate coastal area between the mean high-water mark on the Island of Jersey and an imaginary line drawn three nautical miles from the mean low-water mark of the Island of Jersey. The zone is situated in the Normano-Breton Gulf, on the south side of the English Channel

— The whole coastline of the Isle of Man

3. Zones in Denmark approved with regard to B. Ostreae and M. Refringens
EN Official Journal of the European Union L 296/18

COUNCIL DECISION

of 8 November 2005

appointing a member of the Committee of the Regions

(2005/785/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 of the United Kingdom 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 for the period 26 January 2002 to 25 January 2006 (1).

(2) Following the resignation of Ms Sally POWELL, of which the Council was informed on 21 December 2004, a seat as a member of the Committee of the Regions has become vacant,

HAS DECIDED AS FOLLOWS:

Article 1

Ms Gabrielle KAGAN, Councillor — Brent Council, is hereby appointed a member of the Committee of the Regions in place of Ms Sally POWELL for the remainder of her term of office, which runs until 25 January 2006.

Article 2

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

It shall take effect on the date of its adoption.

Done at Brussels, 8 November 2005. For the Council The President G. BROWN

(1) OJ L 24, 26.1.2002, p. 38.
EN Official Journal of the European Union L 320/50

COMMISSION DECISION

of 6 December 2005

releasing Denmark and Slovenia from certain obligations for marketing of forest reproductive material under Council Directive 1999/105/EC

(notified under document number C(2005) 4727)

(Only the Danish and Slovenian texts are authentic)

(2005/871/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 1999/105/EC of 22 December 1999 on the marketing of forest reproductive material (1), and in particular Article 20 thereof,

Having regard to the requests submitted by Denmark and Slovenia,

Whereas:

(1) Under Directive 1999/105/EC the Commission may, subject to certain conditions, release a Member State from obligations for the marketing of forest reproductive material set out in that Directive.

(2) Denmark and Slovenia have applied for release from their obligations in respect of certain tree species.

(3) Since forest reproductive material of those species is not normally reproduced or marketed there and the growing of forest trees of those species is of minimal economic importance to them, Denmark and Slovenia should be released from the obligations to under Directive 1999/105/EC in respect of the species and forest reproductive material in question.

(4) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,

HAS ADOPTED THIS DECISION:

Article 1

Denmark and Slovenia are released from the obligation to apply Directive 1999/105/EC, with the exception of Article 17(1) to the species listed in the Annex to this Decision.

Article 2

This Decision is addressed to the Kingdom of Denmark and the Republic of Slovenia.

Done at Brussels, 6 December 2005. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 11, 15.1.2000, p. 17.
EN Official Journal of the European Union L 317/18

COUNCIL DECISION

of 24 November 2005

appointing an alternate member of the Committee of the Regions

(2005/861/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 Netherlands 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 26 January 2002 to 25 January 2006.

(2) A seat as an alternate member of the Committee of the Regions has become vacant following the resignation of Mr G. Ph. HUFFNAGEL,

HAS DECIDED AS FOLLOWS:

Article 1

Ms L. J. GRIFFITH,

‘Wethouder’ in Amsterdam,

is hereby appointed an alternate member of the Committee of the Regions in place of Mr G. Ph. HUFFNAGEL for the remainder of the latter's term of office, which runs until 25 January 2006.

Article 2

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

It shall take effect on the date of its adoption.

Done at Brussels, 24 November 2005. For the Council The President I. LEWIS

(1) OJ L 24, 26.1.2002, p. 38.
EN Official Journal of the European Union L 337/50

COMMISSION DECISION

of 21 December 2005

on the list of the beneficiary countries which qualify for the special incentive arrangement for sustainable development and good governance, provided for by Article 26(e) of Council Regulation (EC) No 980/2005 applying a scheme of generalised tariff preferences

(2005/924/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 980/2005 of 27 June 2005 applying a scheme of generalised tariff preferences (1), and in particular Articles 11 and 26 thereof,

Whereas:

(1) Regulation (EC) No 980/2005 provides for the granting of a special incentive arrangement to developing countries which satisfy certain requirements for sustainable development and good governance.

(2) Each developing country wishing to avail itself of the special incentive arrangement has submitted its request in writing by 31 October 2005, accompanied by the comprehensive information concerning ratification of the relevant conventions, the legislation and measures to implement effectively the provisions of the conventions and its commitment to accept and comply fully with the monitoring and review mechanism envisaged in the relevant conventions and related instruments.

(3) The Commission has examined these requests, in accordance with the provisions of Article 11 of Regulation (EC) No 980/2005, and has established the final list of beneficiary countries which fulfil the relevant criteria. Accordingly, the special incentive arrangement should be granted to those countries from 1 January 2006 to 31 December 2008.

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

HAS DECIDED AS FOLLOWS:

Sole Article

The following developing countries shall benefit from the special incentive arrangement for sustainable development and good governance provided for in Regulation (EC) No 980/2005 from 1 January 2006 to 31 December 2008:

(BO) Bolivia (CO) Colombia (CR) Costa Rica (EC) Ecuador (GE) Georgia (GT) Guatemala (HN) Honduras (LK) Sri Lanka (MD) Republic of Moldova (MN) Mongolia (NI) Nicaragua (PA) Panama (PE) Peru (SV) El Salvador (VE) Venezuela

Done at Brussels, 21 December 2005. For the Commission Peter MANDELSON Member of the Commission

(1) OJ L 169, 30.6.2005, p. 1.
EN Official Journal of the European Union L 16/57

COUNCIL DECISION

of 24 September 2004

appointing a Netherlands member and a Netherlands alternate member of the Committee of the Regions

(2005/31/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 Netherlands Government,

Whereas:

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

(2) a seat as a member of the Committee of the Regions has become vacant following the resignation of Mr Wim VAN GELDER and a seat as an alternate member of the Committee of the Regions has become vacant following the resignation of Mr Onno HOES, notified to the Council on 6 September 2004,

HAS DECIDED AS FOLLOWS:

Sole Article

(a) Mr Onno HOES, Gedeputeerde van de provincie Noord-Brabant, is hereby appointed a member in place of Mr Wim VAN GELDER

(b) Mr Wim VAN GELDER, Commissaris van de Koningin in de provincie Zeeland is hereby appointed a member in place of Mr Onno HOES,

for the remainder of their terms of office, which run until 25 January 2006.

Done at Brussels, 24 September 2004. For the Council The President L. J. BRINKHORST

(1) OJ L 24, 26.1.2002, p. 38.
EN Official Journal of the European Union L 346/46

POLITICAL AND SECURITY COMMITTEE DECISION EUPAT/1/2005

of 7 December 2005

concerning the appointment of the Head of the EU Police Advisory Team Mission in the former Yugoslav Republic of Macedonia (fYROM), EUPAT

(2005/957/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union and in particular the third paragraph of Article 25 thereof,

Having regard to Council Joint Action 2005/826/CFSP of 24 November 2005 on the establishment of an EU Police Advisory Team (EUPAT) in the former Yugoslav Republic of Macedonia (fYROM) (1), and in particular Article 7(2) thereof,

Whereas:

(1) By Article 7(2) of Joint Action 2005/826/CFSP the Council authorised the Political and Security Committee to take the relevant decisions in accordance with Article 25 of the Treaty, including the powers to appoint, upon a proposal by the Secretary-General/High Representative, a Head of EUPAT.

(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 the EU Police Advisory Team Mission in the former Yugoslav Republic of Macedonia (EUPAT) from 15 December 2005.

Article 2

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

It shall apply until 14 June 2006.

Done at Brussels, 7 December 2005. For the Political and Security Committee The President J. KING

(1) OJ L 307, 25.11.2005, p. 61.
EN Official Journal of the European Union L 288/54

COMMISSION DECISION

of 28 October 2005

amending Decision 2005/393/EC as regards the restricted zones in relation to bluetongue in Spain

(notified under document number C(2005) 4162)

(Text with EEA relevance)

(2005/763/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and eradication of bluetongue (1), and in particular Article 8(2)(d), Article 8(3) and the third paragraph of Article 19 thereof,

Whereas:

(1) Directive 2000/75/EC lays down control rules and measures to combat bluetongue in the Community, including the establishment of protection and surveillance zones and a ban on animals leaving those zones.

(2) Commission Decision 2005/393/EC of 23 May 2005 on protection and surveillance zones in relation to bluetongue and conditions applying to movements from or through these zones (2) provides for the demarcation of the global geographic areas where protection and surveillance zones (the restricted zones) are to be established by the Member States in relation to bluetongue.

(3) Spain has informed the Commission that virus circulation has been detected in a number of peripheral areas of the restricted zone.

(4) As a consequence the restricted zone should be extended taking account of the data available on the ecology of the vector and the evolution of its seasonal activity.

(5) Decision 2005/393/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

In Decision 2005/393/ EC, the part for zone E relating to Spain, is replaced by the following:

‘Spain:

— Province of Cádiz, Málaga, Sevilla, Huelva, Córdoba, Cáceres, Badajoz,

— Province of Jaen (comarcas of Jaen and Andujar),

— Province of Toledo (comarcas of Almorox, Belvis de Jara, Gálvez, Mora, Los Navalmorales, Oropesa, Talavera de la Reina, Toledo, Torrijos and Juncos),

— Province of Avila (comarcas de Candelada, Arenas de San Pedro, Sotillo de la Adrada,

— Province of Ciudad Real (comarcas of Almadén, Almodóvar del Campo, Horcajo de los Montes, Malagón and Piedrabuena),

— Province of Salamanca (comarcas of Bejar and Sequeros),

— Province of Madrid (comarcas of Aranjuez, El Escorial, Grinon, Navalcarnero and San Martin de Valdeiglesias).’

Article 2

This Decision shall apply from 1 November 2005.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 28 October 2005. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 327, 22.12.2000, p. 74.

(2) OJ L 130, 24.5.2005, p. 22. Decision as last amended by Decision 2005/603/EC (OJ L 206, 9.8.2005, p. 11).
EN Official Journal of the European Union L 342/94

COMMISSION DECISION

of 21 December 2005

amending Decision 93/195/EEC on animal health conditions and veterinary certification for the re-entry of registered horses for racing, competition and cultural events after temporary export

(notified under document number C(2005) 5496)

(2005/943/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries of equidae (1), and in particular Article 19(ii) thereof,

Whereas:

(1) In accordance with Commission Decision 93/195/EEC (2), the re-entry of registered horses for racing, competition and cultural events after temporary export is restricted to horses kept for less than 30 days in a third country.

(2) Under that Decision, however, horses that have taken part in the United Arab Emirates Endurance World Cup and meet the requirements laid down in that Decision are authorised to re-enter Community territory after temporary export for less than 60 days.

(3) In order to make it easier for horses originating in the Community to take part in those competitions, this special rule should apply to all Endurance World Cup competitions carried out under the rules, including the veterinary supervision, of the Federation Equestre International (FEI), irrespective of in which of the countries approved in accordance with Directive 90/426/EEC the competition takes place.

(4) Decision 93/195/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

Decision 93/195/EEC is amended as follows:

1. In Article 1, the seventh indent is replaced by the following: ‘— have taken part in the Endurance World Cup, irrespective of in which of the countries approved in accordance with Directive 90/426/EEC the competition takes place, and meet the requirements laid down in a health certificate in accordance with the model set out in Annex VII to this Decision.’

2. Annex VII is replaced by the Annex to this Decision.

Article 2

This Decision shall apply from 27 December 2005.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 21 December 2005. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 224, 18.8.1990, p. 42. Directive as last amended by Directive 2004/68/EC (OJ L 139, 30.4.2004, p. 320; corrected version in OJ L 226, 25.6.2004, p. 128).

(2) OJ L 86, 6.4.1993, p. 1. Decision as last amended by Decision 2005/771/EC (OJ L 291, 5.11.2005, p. 38).
EN Official Journal of the European Union L 19/75

COMMISSION DECISION

of 27 December 2004

on the allocation of additional days absent from port to the Netherlands in accordance with Annex V to Council Regulation (EC) No 2287/2003

(notified under document number C(2004) 5269)

(Only the Dutch text is authentic)

(2005/38/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2287/2003 of 19 December 2003 fixing for 2004 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (1), and in particular paragraph 6(c) of Annex V,

Whereas:

(1) Paragraph 6(a) of Annex V to Regulation (EC) No 2287/2003 specifies the number of days on which certain Community fishing vessels may be absent from port in the geographical areas defined in paragraph 2 of that Annex from 1 February 2004 to 31 December 2004.

(2) Paragraph 6(c) of that Annex enables the Commission to allocate an additional number of days on which a vessel may be absent from port while carrying on board any of the gears defined in paragraph 4 of that Annex on the basis of the achieved results of decommissioning programmes since 1 January 2002 for fishing vessels affected by the provisions of that Annex.

(3) The Netherlands have submitted data on the decommissioning in 2002 and 2003 of fishing vessels carrying on board beam trawls of mesh size equal to or greater than 80 mm.

(4) In the view of the data submitted, an additional number of days should be allocated to the Netherlands for fishing vessels carrying on board such fishing gears defined in paragraph 4(b) of Annex V to Regulation (EC) No 2287/2003,

HAS ADOPTED THIS DECISION:

Article 1

Two additional days, in relation to those set out in paragraph 6(a) of Annex V to Regulation (EC) No 2287/2003, shall be allocated to the Netherlands in each calendar month for vessels carrying on board beam trawls of mesh size equal to or greater than 80 mm.

Article 2

This Decision is addressed to the Kingdom of the Netherlands.

Done at Brussels, 27 December 2004. For the Commission Joe BORG Member of the Commission

(1) OJ L 344, 31.12.2003, p. 1. Regulation as last amended by Regulation (EC) No 1928/2004 (OJ L 332, 6.11.2004, p. 5).
(57)

Taking into account the information submitted by Spain, the Commission considers that the aid scheme was intended, inter alia, to help SMEs adapt to new Community standards for a period of three years from the adoption of new mandatory Community rules, to foster investment in the absence of mandatory Community standards and to foster investment to ensure compliance with national standards that were more stringent than the applicable Community standards. The scheme authorised this aid up to a maximum of 15 % gross of eligible costs, which was in line with the Community guidelines. The Commission considers that the investments concerned were in keeping with Section E.1.6 of the Community guidelines. As far as water pollution is concerned, the investments were indispensable for controlling the movement of minewater from abandoned mines. The purpose of these investments was, inter alia, to control the groundwater table, to prevent flooding and to help ensure safe movement of the minewater. This water had to meet the quality standards laid down in Spanish legislation. The Commission considers that, in the definition of the costs qualifying for funding relating to investments, provision was made in the net calculation of the aid for taking account of the benefits obtained as a result of the investment. This element is in accordance with point 37 of the Community guidelines. In accordance with point 38 of the Community guidelines, the eligible costs took into account the greater potential value of the rehabilitated areas. With regard to the rehabilitation of mines, eligible costs were limited to the cost of mining works, including manpower, materials and the depreciation of machinery necessary to prevent the release of gases and liquids from underground mines, prevent access to dangerous mines and prevent water contamination, as well as for mine-waste tip reclamation. In this respect, the scheme conformed to point 36 of the Community guidelines.