ddrg/super_eurlex huggingface dataset:
Council and Commission Decision

of 26 March 2002

on the conclusion of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part

(2002/357/EC, ECSC)

THE COUNCIL OF THE EUROPEAN UNION and

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article 238 in conjunction with the second sentence of Article 228(2) and the second subparagraph of Article 228(3) thereof,

Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 95 thereof,

After consultation of the Consultative Committee and the unanimous agreement of the Council,

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

Whereas:

The Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, signed in Brussels on 24 November 1997, should be approved,

HAVE DECIDED AS FOLLOWS:

Article 1

The Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, the Protocols annexed thereto and the declarations attached to the Final Act are hereby approved on behalf of the European Community and the European Coal and Steel Community.

The texts of the Agreement, the Protocols annexed thereto and the Final Act are attached to this Decision.

Article 2

1. The position to be taken by the Community within the Association Council and the Association Committee shall be laid down by the Council, on a proposal from the Commission, or, where appropriate, by the Commission, each in accordance with the corresponding provisions of the Treaties establishing the European Community and the European Coal and Steel Community.

2. The President of the Council shall, in accordance with Article 90 of the Agreement, preside over the Association Council and present the position of the Community. A representative of the President of the Council shall preside over the Association Committee, in accordance with Article 93 of the Agreement, and present the position of the Community.

Article 3

The President of the Council shall deposit the act of notification provided for in Article 106 of the Agreement on behalf of the European Community. The President of the Commission shall deposit that act on behalf of the European Coal and Steel Community.

Done at Brussels, 26 March 2002.

For the Council

The President

A.M. Birulés Y Bertrán

For the Commission

The President

R. Prodi

(1) OJ C 226, 20.7.1998, p. 26.
Council Decision

of 7 May 2002

authorising Luxembourg to apply a differentiated rate of excise duty to low-sulphur diesel in accordance with Article 8(4) of Directive 92/81/EEC

(2002/375/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 92/81/EEC of 19 October 1992 on the harmonisation of the structures of excise duties on mineral oils(1), and in particular Article 8(4) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) Luxembourg has requested authorisation to apply a differentiated rate of excise duty to low-sulphur (50 ppm) diesel used as fuel.

(2) The other Member States have been informed of Luxembourg's request.

(3) The differentiation of excise duty will take the form of a EUR 15 per 1000 litre increase in excise duty on diesel fuel with a sulphur content exceeding 50 ppm. The effective rates will remain above the minimum Community rates of excise duty laid down in accordance with Council Directive 92/82/EEC of 19 October 1992 on the approximation of the rates of excise duties on mineral oils(2).

(4) The derogation is sought on environmental grounds - the benefits in terms of air quality are known.

(5) Low-sulphur diesel complies with the environmental specifications (50 ppm) laid down in Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels(3). Under Article 4 of that Directive, the use of 50 ppm diesel will in principle be compulsory from 1 January 2005. The Luxembourg measure will expire on 31 December 2003.

(6) On the information available at present, the Commission and the Member States as a whole consider that the application of a differentiated rate of excise duty on low-sulphur diesel will not cause distortions of competition affecting the common interest or hinder the operation of the single market.

(7) The Commission regularly reviews reductions and exemptions to check that they do not distort competition or the operation of the internal market and are not incompatible with Community environmental policy,

HAS ADOPTED THIS DECISION:

Article 1

Luxembourg is authorised to apply a differentiated rate of excise duty to low-sulphur (50 ppm) diesel from 1 June 2002 to 31 December 2003.

Article 2

The differentiation in excise duty referred to in Article 1 may not exceed EUR 15 per 1000 litres of fuel.

The rate of excise duty on diesel used as fuel must comply with the obligations set out in Council Directive 92/82/EEC, and in particular the minimum rate laid down in Article 5 thereof.

Article 3

This Decision shall expire on 31 December 2003.

Article 4

This Decision is addressed to Luxembourg.

Done at Brussels, 7 May 2002.

For the Council

The President

R. De Rato Y Figaredo

(1) OJ L 316, 31.10.1992, p. 12. Directive as last amended by Directive 94/74/EC (OJ L 365, 31.12.1994, p. 46).

(2) OJ L 316, 31.10.1992, p. 19. Directive as last amended by Directive 94/74/EC.

(3) OJ L 350, 28.12.1998, p. 58. Directive as amended by Commission Directive 2000/71/EC (OJ L 287, 14.11.2000, p. 46).
Commission Decision

of 9 July 2002

repealing Decision 2000/721/EC on introducing vaccination to supplement the measures to control avian influenza in Italy and on specific movement control measures

(notified under document number C(2002) 2538)

(Text with EEA relevance)

(2002/551/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(1), as last amended by Council Directive 92/118/EEC(2), and in particular, Article 10(4) thereof,

Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market(3), as last amended by Council Directive 92/118/EEC, and in particular, Article 9(4) thereof,

Having regard to Council Directive 92/40/EEC of 19 May 1992 introducing Community measures for the control of avian influenza(4), and in particular Article 16 thereof,

Whereas:

(1) By means of Commission Decision 2000/721/EC on introducing vaccination to supplement the measures to control avian influenza in Italy and on specific movement control measures(5), as last amended by Decision 2001/847/EC(6), the Commission approved the vaccination programme presented by Italy.

(2) The accompanying monitoring performed in the poultry flocks of this area has not shown any virus circulation since the last recorded case of low pathogenic avian influenza in March 2001.

(3) The vaccination campaign that started in November 2000 came to an end on 16 May 2002.

(4) Decision 2000/721/EC shall be repealed in order to revoke the vaccination programme and to lift related trade restrictions.

(5) However, monitoring of vaccinated flocks should be continued including the use of the serological test (iIFA-Test), which had been approved by Commission Decision 2001/847/EC; to that effect, a new Commission Decision 2002/552/EC(7) will be adopted in parallel with the present repealing act.

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

HAS ADOPTED THIS DECISION:

Article 1

Decision 2000/721/EC is hereby repealed.

Article 2

This Decision shall apply from the seventh day following that of its publication in the Official Journal of the European Communities.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 9 July 2002.

For the Commission

David Byrne

Member of the Commission

(1) OJ L 224, 18.8.1990, p. 29.

(2) OJ L 62, 15.3.1993, p. 49.

(3) OJ L 395, 30.12.1989, p. 13.

(4) OJ L 167, 22.6.1992, p. 1.

(5) OJ L 291, 18.11.2000, p. 33.

(6) OJ L 315, 1.12.2001, p. 61.

(7) See page 24 of this Official Journal.
Commission Decision

of 28 June 2002

concerning the conclusion of an Agreement amending the Agreement between the European Community and Australia on trade in wine

(notified under document number C(2002) 2391)

(2002/650/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 94/184/EC of 24 January 1994 concerning the conclusion of an Agreement between the European Community and Australia on trade in wine(1), and in particular Article 3 thereof,

Having regard to the Agreement between the European Community and Australia on trade in wine signed in Brussels and in Canberra respectively on 26 and 31 January 1994(2), as last amended by the Agreement of 25 July 2001(3), and in particular Article 17(2) thereof,

Whereas:

(1) The Commission has negotiated, on behalf of the Community, an amendment of the above Agreement aiming to extend, until 30 June 2003, the provisional authorisation granted to Australian wines treated with cation exchange resins.

(2) The Management Committee for Wine has not delivered an opinion within the time limit laid down by its Chairman,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement amending the Agreement between the European Community and Australia on trade in wine is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

This Decision and the Agreement referred to in Article 1 shall be published in the Official Journal of the European Communities.

Done at Brussels, 28 June 2002.

For the Commission

Franz Fischler

Member of the Commission

(1) OJ L 86, 31.3.1994, p. 1.

(2) OJ L 86, 31.3.1994, p. 3.

(3) OJ L 208, 1.8.2001, p. 46.
Commission Decision

of 2 October 2002

repealing Decision 2002/62/EC concerning protective measures with regard to the fishery and aquaculture products imported from Pakistan

(notified under document number C(2002) 3613)

(Text with EEA relevance)

(2002/771/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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(1), and in particular Article 22(1) thereof,

Whereas:

(1) Commission Decision 2002/62/EC of 25 January 2002 concerning certain protective measures with regard to certain fishery and aquaculture products intended for human consumption and imported from Pakistan(2) was adopted because the presence of chloramphenicol was detected in shrimps imported from Pakistan.

(2) Decision 2002/62/EC provides that it will be reviewed on the basis of the guarantees provided by the competent authority of Pakistan and on the basis of the results of the test carried out by Member States.

(3) The Pakistani authority has provided the appropriate guarantees, and the results of the checks carried out by Member States in shrimps imported from Pakistan have been favourable.

(4) In order to suspend the systematic controls in shrimps imported from Pakistan Decision 2002/62/EC should be repealed.

(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 2002/62/EC is repealed.

Article 2

This Decision shall apply from 6 October 2002.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 2 October 2002.

For the Commission

David Byrne

Member of the Commission

(1) OJ L 24, 30.1.1998, p. 9.

(2) OJ L 24, 26.1.2002, p. 65.
Council Decision

of 8 October 2002

amending Decision 98/508/EC on the conclusion of an Agreement on mutual recognition in relation to conformity assessment, certificates and markings between the European Community and Australia

(2002/800/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with Article 300(2), first subparagraph, first sentence, and Article 300(3), first subparagraph, first sentence, and (4) thereof,

Having regard to the proposal from the Commission,

Whereas:

In order to ensure the efficient operation of the Agreement on mutual recognition in relation to conformity assessment, certificates and markings between the European Community and Australia(1) (hereinafter referred to as the "Agreement") it is necessary to amend Decision 98/508/EC(2) in order to empower the Commission to take all necessary measures for the operation of the Agreement,

HAS DECIDED AS FOLLOWS:

Sole Article

Article 3 of Decision 98/508/EC shall be replaced by the following: "Article 3

1. The Commission shall represent the Community in the Joint Committee provided for in Article 12 of the Agreement, assisted by the special Committee designated by the Council. The Commission shall proceed, after consultation with this special Committee, to the appointments, notifications, exchanges of information and requests for information specified in the Agreement.

2. The position of the Community in the Joint Committee shall be determined by the Commission, following consultation of the special Committee referred to in paragraph 1."

Done at Luxembourg, 8 October 2002.

For the Council

The President

T. Pedersen

(1) OJ L 229, 17.8.1998, p. 3.

(2) OJ L 229, 17.8.1998, p. 1.
Commission Decision

of 2 December 2002

amending Decision 93/467/EEC authorising Member States to provide for derogations from certain provisions of Council Directive 2000/29/EC, in respect of oak (Quercus L.) logs with bark attached, originating in Canada or the United States of America

(notified under document number C(2002) 4761)

(2002/947/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), as last amended by Commission Directive 2002/36/EC(2), and in particular Article 15(1) thereof,

Having regard to the request made by Germany,

Whereas:

(1) Pursuant to the provisions of Directive 2000/29/EC, oak (Quercus L.) logs with bark attached, originating in North American countries, may not, in principle, be introduced into the Community because of the risk of introducing Ceratocystis fagacearum (Bretz) Hunt., the cause of oak wilt.

(2) Commission Decision 93/467/EEC(3), as last amended by Decision 2000/780/EC(4), authorises derogations for oak (Quercus L.) logs with bark attached originating in Canada and the United States of America provided that special conditions are satisfied.

(3) The authorisation provided for in the Decision expires on 31 December 2002.

(4) The circumstances justifying the authorisation still obtain.

(5) The authorisation should therefore be extended for a further limited period, without prejudice to Commission Decision 2002/757/EC of 19 September 2002 on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock & Man in 't Veld sp. nov.(5).

(6) Decision 93/467/EEC should therefore be amended accordingly.

(7) The Commission will request Canada and the United States of America to supply the technical information necessary to continue monitoring the functioning of the protective measures required under the technical conditions.

(8) 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 93/467/EEC is amended as follows:

1. in Article 3, "31 December 2002" is replaced by "31 December 2004";

2. in Annex I, part 7, "2000/780/EC" is replaced by "93/467/EEC, as amended by Decision 2002/947/EC".

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 2 December 2002.

For the Commission

David Byrne

Member of the Commission

(1) OJ L 169, 10.7.2000, p. 1.

(2) OJ L 116, 3.5.2002, p. 16.

(3) OJ L 217, 27.8.1993, p. 49.

(4) OJ L 309, 9.12.2000, p. 35.

(5) OJ L 252, 20.9.2002, p. 37.
Commission Decision

of 11 February 2002

amending 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(2002) 428)

(Text with EEA relevance)

(2002/112/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), as last amended by Commission Decision 1999/30/EC(2), 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 2001 by Decision 1999/30/EC, 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 2001" is replaced by "31 December 2004".

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 11 February 2002.

For the Commission

David Byrne

Member of the Commission

(1) OJ L 157, 10.6.1992, p. 10.

(2) OJ L 8, 14.1.1999, p. 30.
Commission Decision

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

(notified under document number C(2002) 3302)

(Text with EEA relevance)

(2002/745/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), as last amended by Commission Decision 2002/112/EC(2), and in particular Articles 20(2) and (4) thereof,

Whereas:

(1) Directive 92/34/EEC provides for the necessary arrangements to be made by the Commission for Community comparative trials and tests of propagating and planting material.

(2) Adequate representativity of the samples included in the trials and tests should be ensured, at least for certain selected plants.

(3) Member States should participate in the Community comparative trials and tests, in so far as propagating and planting material of Prunus domestica is usually reproduced or marketed in their territories, in order to ensure that proper conclusions may be drawn therefrom.

(4) Community comparative trials and tests should be carried out from 2003 to 2007 on propagating and planting material harvested in 2002, and the details of such trials and tests should also be set out.

(5) For Community comparative trials and tests lasting more than one year, the parts of the trials and tests following the first year should be authorised by the Commission without further reference to the Standing Committee on Propagating Material and Plants of Fruit Genera and Species, on condition that the necessary appropriations are available.

(6) 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

Community comparative trials and tests shall be carried out from 2003 to 2007 on propagating and planting material of Prunus domestica.

The maximum cost for the trials and tests for 2003 shall be as set out in the Annex.

The details of the trials and tests are set out in the Annex.

Article 2

All Member States shall participate in the Community comparative trials and tests in so far as propagating and planting material of Prunus domestica is usually reproduced or marketed in their territories.

Article 3

Subject to budgetary availability, the Commission may decide to continue the trials and tests set out in the Annex in the period 2004 to 2007.

The maximum cost of a trial or test continued on this basis shall not exceed the amount specified in the Annex.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 5 September 2002.

For the Commission

David Byrne

Member of the Commission

(1) OJ L 157, 10.6.1992, p. 10.

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

ANNEX

Trials and tests on Prunus domestica((Trials and tests lasting more than one year.)) to be carried out

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