ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 19/49

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 18 December 2008

on mobilisation of the Flexibility Instrument in accordance with point 27 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management

(2009/45/EC)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular the fifth paragraph of point 27 thereof,

Having regard to the proposal from the Commission,

Whereas, at the conciliation meeting on 21 November 2008, the two arms of the budgetary authority agreed to mobilise the Flexibility Instrument to complement the financing in the 2009 budget, beyond the ceilings of heading 4, of EUR 420 million towards the financing of the facility for a rapid response to soaring food prices in developing countries,

HAVE DECIDED AS FOLLOWS:

Article 1

For the general budget of the European Union for the financial year 2009, the Flexibility Instrument shall be used to provide the sum of EUR 420 million in commitment appropriations.

That amount shall be used to complement the financing of the facility for a rapid response to soaring food prices in developing countries in heading 4.

Article 2

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

Done at Strasbourg, 18 December 2008. For the European Parliament The President H.-G. PÖTTERING For the Council The President E. WOERTH

(1) OJ C 139, 14.6.2006, p. 1.
EN Official Journal of the European Union L 231/7

Corrigendum to Commission Decision 2010/459/EC of 17 September 2008 on State aid C 61/07 (ex NN 71/07) — Greece Olympic Airways Services/Olympic Airlines

( Official Journal of the European Union L 222 of 24 August 2010 )

On page 62, in the title:

for:

‘2010/7777/EC’,

read:
‘(3)

In accordance with Article 5 of the Protocol on the position of Denmark, annexed to the Treaty on the European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications. Denmark does not participate in the implementation of this Decision and therefore does not participate in the financing of this mission,’.
EN Official Journal of the European Union L 106/47

Corrigendum to Council Decision 2010/289/EU of 19 January 2010 on the existence of an excessive deficit in Slovenia

( Official Journal of the European Union L 125 of 21 May 2010 )

In the contents and on page 46, in the title:

for:

‘Council Decision of 19 January 2010 on the existence of an excessive deficit in Slovenia (2010/289/EU)’,

read:

‘Council Decision of 2 December 2009 on the existence of an excessive deficit in Slovenia (2010/289/EU)’;

on page 47, concluding formula:

for:

‘Done at Brussels, 19 January 2010. For the Council The President E. SALGADO’,

read:
EN Official Journal of the European Union L 46/3

COUNCIL DECISION 2010/105/CFSP

of 22 February 2010

extending restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Whereas:

(1) On 25 February 2008, the Council adopted Common Position 2008/160/CFSP concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova (1). Those restrictive measures were renewed by Common Position 2009/139/CFSP (2) until 27 February 2010.

(2) On the basis of a re-examination of Common Position 2008/160/CFSP, the restrictive measures should be extended for a further period of 12 months.

(3) In order to encourage progress in reaching a political settlement to the Transnistrian conflict, addressing the remaining problems of the Latin-script schools and restoring free movement of persons, the restrictive measures should be suspended until 30 September 2010. At the end of that period, the Council will review the restrictive measures in the light of developments, notably in the areas mentioned above. The Council may decide to reapply or lift travel restrictions at any time.

(4) However, there are no longer grounds, as referred to in Article 1(1)(i) and (ii) of Common Position 2008/160/CFSP, for keeping certain persons on the lists set out in Annexes I and II to that Common Position. Those lists should be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

1. The restrictive measures provided for in Common Position 2008/160/CFSP are hereby extended until 27 February 2011.

2. The restrictive measures provided for in Common Position 2008/160/CFSP are hereby suspended until 30 September 2010.

3. The Council shall review the suspension of the restrictive measures and the lists set out in Annexes I and II to Common Position 2008/160/CFSP before 30 September 2010.

Article 2

1. The persons mentioned in Annex I to this Decision shall be removed from the list set out in Annex I to Common Position 2008/160/CFSP.

2. The person mentioned in Annex II to this Decision shall be removed from the list set out in Annex II to Common Position 2008/160/CFSP.

Article 3

This Decision shall enter into force on the date of its adoption.

Article 4

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

Done at Brussels, 22 February 2010. For the Council The President C. ASHTON

(1) OJ L 51, 26.2.2008, p. 23.

(2) OJ L 46, 17.2.2009, p. 76.

ANNEX I List of persons referred to in Article 1(1)(i) 4. MARAKUTSA, Grigory Stepanovich, 10. ZAKHAROV, Viktor Pavlovich,
EN Official Journal of the European Union L 53/10

COMMISSION DECISION

of 1 March 2010

amending Decision 2006/473/EC as regards the recognition of continental Australia as being free from Xanthomonas campestris (all strains pathogenic to Citrus)

(notified under document C(2010) 1063)

(2010/134/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular point 16.2 of Section I of Part A of Annex IV thereof,

Whereas:

(1) By Commission Decision 2006/473/EC of 5 July 2006 recognising certain third countries and certain areas of third countries as being free from Xanthomonas campestris (all strains pathogenic to Citrus), Cercospora angolensis Carv. et Mendes and Guignardia citricarpa Kiely (all strains pathogenic to Citrus) (2) New South Wales, South Australia and Victoria in Australia are recognised as being free from Xanthomonas campestris (all strains pathogenic to Citrus).

(2) Australia has submitted detailed technical information, based on results of the disease management and eradication programmes and of multiannual official surveys, showing that an outbreak of Xanthomonas campestris in Queensland was successfully eradicated and that the Northern Territory and Western Australia were free from Xanthomonas campestris. The freedom from that harmful organism should therefore be recognised for all citrus-growing areas of continental Australia.

(3) Decision 2006/473/EC should therefore be amended accordingly.

(4) 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

In Article 1(2) of Decision 2006/473/EC, point (a) is replaced by the following:

‘(a) Australia: New South Wales, the Northern Territory, Queensland, South Australia, Victoria and Western Australia;’.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 1 March 2010. For the Commission John DALLI Member of the Commission

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

(2) OJ L 187, 8.7.2006, p. 35.
1.

Article 8 is amended as follows: (a) Paragraph 1 is replaced by the following: ‘1. Member States whose inspectors discover any infringement, while carrying out an inspection of the activities listed in Article 2, shall inform the following Parties of the date of inspection and the details of the infringement: (a) the relevant flag Member State and the Commission, and where appropriate; (b) the Member State where the farming installation or the enterprise engaged in the processing and/or trade of bluefin tuna products is established.’ (b) Paragraph 3 is replaced by the following: ‘3. Member States whose inspectors observe an activity or condition that may constitute a serious infringement, as defined in Section I(1) of Annex VI to Council Regulation (EC) No 302/2009 (5), shall immediately notify the Commission who will then notify directly the authorities of the flag State fishing vessel, as well as the ICCAT Secretariat. (c) In paragraph 4, the first sentence is replaced by the following: ‘In case a serious infringement, as defined in Section I(1) of Annex VI to Regulation (EC) No 302/2009, is discovered onboard a Community fishing vessel, the flag Member State shall ensure that, following the inspection, the fishing vessel flying its flag ceases all fishing activities.’ (d) Paragraph 5 is replaced by the following: ‘5. Member States shall cooperate to ensure that, if prosecution of an infringement is transferred to the Member State of registration in accordance with Article 86 of Council Regulation (EC) No 1224/2009 (6), the security and continuity of any evidence of the infringement cited by its inspectors is guaranteed in each case.
EN Official Journal of the European Union L 110/31

COUNCIL DECISION

of 26 April 2010

adjusting the allowances provided for in Decision 2003/479/EC and Decision 2007/829/EC concerning the rules applicable to national experts and military staff on secondment to the General Secretariat of the Council

(2010/248/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 41(1) thereof,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 240(2) thereof,

Whereas:

(1) Article 15(7) of Council Decision 2003/479/EC (1) and Article 15(6) of Council Decision 2007/829/EC (2) provide that the daily and monthly allowances are to be adjusted each year without retroactive effect on the basis of the adaptation of the basic salaries of European Union officials in Brussels and Luxembourg.

(2) On 23 December 2009, the Council adopted Regulation (EU, Euratom) No 1296/2009 adjusting with effect from 1 July 2009 the remuneration and pensions of officials and other servants of the European Union and the correction coefficients applied thereto (3), which applies an adjustment of 1,85 %,

HAS ADOPTED THIS DECISION:

Article 1

1. In Article 15(1) of Decision 2003/479/EC and Article 15(1) of Decision 2007/829/EC, the amounts EUR 30,75 and EUR 122,97 shall be replaced by EUR 31,32 and EUR 125,25 respectively.

2. In Article 15(2) of Decision 2003/479/EC and in Article 15(2) of Decision 2007/829/EC the table shall be replaced by the following:

‘Distance between place of origin and place of secondment (in km) Amount in EUR 0-150 0,00 > 150 80,50 > 300 143,12 > 500 232,59 > 800 375,71 > 1 300 590,40 > 2 000 706,72’

3. In Article 15(4) of Decision 2003/479/EC the amount EUR 30,75 shall be replaced by EUR 31,32.

Article 2

This Decision shall enter into force on the first day of the month following its adoption.

Done at Luxembourg, 26 April 2010. For the Council The President M. Á. MORATINOS

(1) OJ L 160, 28.6.2003, p. 72.

(2) OJ L 327, 13.12.2007, p. 10.

(3) OJ L 348, 29.12.2009, p. 10.
EN Official Journal of the European Union L 121/10

COMMISSION DECISION

of 10 May 2010

amending Annexes I and II to Decision 2009/861/EC on transitional measures under Regulation (EC) No 853/2004 of the European Parliament and of the Council as regards the processing of non-compliant raw milk in certain milk processing establishments in Bulgaria

(notified under document C(2010) 2953)

(Text with EEA relevance)

(2010/276/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (1), and in particular the first paragraph of Article 9 thereof,

Whereas:

(1) Regulation (EC) No 853/2004 lays down specific rules on the hygiene of food of animal origin for food business operators. Those rules include hygiene requirements for raw milk and dairy products.

(2) Commission Decision 2009/861/EC (2) provides for certain derogations from the requirements set out in Subchapters II and III of Chapter I of Section IX of Annex III to Regulation (EC) No 853/2004 for the milk processing establishments in Bulgaria listed in that Decision. That Decision is to apply from 1 January 2010 to 31 December 2011.

(3) Accordingly, certain milk processing establishments listed in Annex I to Decision 2009/861/EC may, by way of derogation from the relevant provisions of Regulation (EC) No 853/2004, process compliant and non-compliant milk provided that the processing of compliant and non-compliant milk is carried out on separate production lines. In addition, certain milk processing establishments listed in Annex II to that Decision may process non-compliant milk without separate production lines.

(4) Bulgaria sent the Commission a revised and updated list of those milk processing establishments on 20 November 2009. Therefore, it is necessary to amend the lists of establishments in the Annexes to Decision 2009/861/EC.

(5) As Decision 2009/861/EC is to apply from 1 January 2010, this Decision should also apply from that date.

(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

Annexes I and II to Decision 2009/861/EC are replaced by the text in the Annex to this Decision.

Article 2

This Decision shall apply from 1 January 2010.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 10 May 2010. For the Commission John DALLI Member of the Commission

(1) OJ L 139, 30.4.2004, p. 55.

(2) OJ L 314, 1.12.2009, p. 83.
8.

Article 18 is replaced by the following: ‘Article 18 Release of classified information 1. The HR shall be authorised to release to the United Nations, NATO/KFOR and to other third parties associated with this Joint Action, EU classified information and documents generated for the purposes of EULEX KOSOVO up to the level of the relevant classification respectively for each of them, in accordance with Decision 2001/264/EC. Local technical arrangements shall be drawn up to facilitate this. 2. In the event of a specific and immediate operational need, the HR shall also be authorised to release to the competent local authorities EU classified information and documents up to the level “RESTREINT UE” generated for the purposes of EULEX KOSOVO, in accordance with Decision 2001/264/EC. In all other cases, such information and documents shall be released to the competent local authorities in accordance with the procedures appropriate to those authorities’ level of cooperation with the EU. 3. The HR shall be authorised to release to the United Nations, NATO/KFOR, to other third parties associated with this Joint Action and to the relevant local authorities, EU non-classified documents related to the deliberations of the Council with regard to EULEX KOSOVO covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council’s Rules of Procedure (5).
EN Official Journal of the European Union L 209/18

COMMISSION DECISION

of 9 August 2010

amending Annex XI to Council Directive 2003/85/EC as regards the list of laboratories authorised to handle live foot-and-mouth disease virus

(notified under document C(2010) 5420)

(Text with EEA relevance)

(2010/435/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 2003/85/EC of 29 September 2003 on Community measures for the control of foot-and-mouth disease repealing Directive 85/511/EEC and Decisions 89/531/EEC and 91/665/EEC and amending Directive 92/46/EEC (1), and in particular Article 67 thereof,

Whereas:

(1) Directive 2003/85/EC sets out minimum control measures to be applied in the event of an outbreak of foot-and-mouth disease and certain preventive measures aimed at increasing the awareness and preparedness of the competent authorities and the farming community concerning that disease.

(2) Those preventive measures include an obligation on Member States to ensure that the handling of live foot-and-mouth disease virus for research and diagnosis is carried out only in the approved laboratories listed in Part A and the manufacturing of either inactivated antigens for the production of vaccines or vaccines and related research is carried out only in the approved establishments and laboratories listed in Part B of Annex XI to Directive 2003/85/EC.

(3) Bulgaria has officially informed the Commission that following the checks carried out in accordance with Article 66 of Directive 2003/85/EC, their national reference laboratory is no longer considered to meet the bio-security standards provided for in Article 65(d) of Directive 2003/85/EC.

(4) The Netherlands have officially informed the Commission of certain changes relating to the name of a laboratory listed in Part B of Annex XI to Directive 2003/85/EC situated in the Netherlands.

(5) For security reasons, it is important to keep the list of laboratories set out in Annex XI to Directive 2003/85/EC updated.

(6) Accordingly, it is necessary to delete the entry for Bulgaria in the list of laboratories set out in Part A and to replace the entry for the Netherlands in the list of laboratories set out in Part B of Annex XI to Directive 2003/85/EC. Annex XI to Directive 2003/85/EC 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 XI to Directive 2003/85/EC is amended as follows:

1. in Part A, the entry for Bulgaria is deleted;

2. in Part B, the entry for the Netherlands is replaced by the following: ‘NL Netherlands Merial S.A.S., Lelystad Laboratory, Lelystad’

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 9 August 2010. For the Commission John DALLI Member of the Commission

(1) OJ L 306, 22.11.2003, p. 1.
EN Official Journal of the European Union L 260/6

COUNCIL DECISION

of 27 September 2010

concerning the conclusion of consultations with the Republic of Niger under Article 96 of the ACP-EU Partnership Agreement

(2010/588/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 thereof,

Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1) and revised in Luxembourg on 25 June 2005 (2) (‘the ACP-EU Partnership Agreement’), and in particular Article 96 thereof,

Having regard to the Internal Agreement between the representatives of the governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement (3), and in particular Article 3 thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The essential elements referred to in Article 9 of the ACP-EU Partnership Agreement have been violated.

(2) On 8 December 2009 and 26 May 2010, pursuant to Article 96 of the ACP-EU Partnership Agreement, consultations were held with the Republic of Niger in the presence of representatives of the African, Caribbean and Pacific (ACP) Group of States. At the last round of consultations, the representatives of the transitional government of Niger put forward satisfactory proposals and undertakings,

HAS ADOPTED THIS DECISION:

Article 1

Consultations with the Republic of Niger under Article 96 of the ACP-EU Partnership Agreement are hereby concluded.

Article 2

The measures set out in the annexed letter are hereby adopted as appropriate measures under Article 96(2)(c) of the ACP-EU Partnership Agreement.

Article 3

This Decision shall enter into force on the day of its adoption.

It shall remain in force for a period of 12 months. It shall be reviewed at least every six months on the basis of a follow-up mission of the Union.

Done at Brussels, 27 September 2010. For the Council The President K. PEETERS

(1) OJ L 317, 15.12.2000, p. 3.

(2) OJ L 287, 28.10.2005, p. 4.

(3) OJ L 317, 15.12.2000, p. 376.
EN Official Journal of the European Union L 264/14

COUNCIL DECISION

of 1 October 2010

appointing one Spanish alternate member of the Committee of the Regions

(2010/599/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,

Having regard to the proposal of the Spanish Government,

Whereas:

(1) On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU and 2010/29/EU appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015 (1).

(2) An alternate member’s seat on the Committee of the Regions has become vacant following the end of mandate of Mr Gabriel AMER AMER,

HAS ADOPTED THIS DECISION:

Article 1

The following is hereby appointed to the Committee of the Regions as alternate member for the remainder of the current term of office, which runs until 25 January 2015:

— Sr. D. Jordi BAYONA LLOPIS Director General de Acción Exterior y Relaciones con la Unión Europea Gobierno de las Illes Balears

Article 2

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

Done at Brussels, 1 October 2010. For the Council The President S. VANACKERE

(1) OJ L 348, 29.12.2009, p. 22 and OJ L 12, 19.1.2010, p. 11.
EN Official Journal of the European Union L 304/20

COUNCIL DECISION

of 17 November 2010

appointing a member of the Court of Auditors

(2010/696/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 286(5) thereof,

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

Whereas:

(1) Mr Maarten B. ENGWIRDA, member of the Court of Auditors, has resigned with effect from 1 January 2011.

(2) Mr Maarten B. ENGWIRDA should therefore be replaced for the remainder of his term of office,

HAS ADOPTED THIS DECISION:

Article 1

Mr Gijs M. de VRIES is hereby appointed member of the Court of Auditors for the period from 1 January 2011 to 31 December 2013.

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 17 November 2010. For the Council The President D. REYNDERS

(1) Opinion of 7 October 2010 (not yet published in the Official Journal).