ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 139/32

COMMISSION DECISION

of 4 June 2009

amending, for the purposes of adapting to technical progress, the Annex to Directive 2002/95/EC of the European Parliament and of the Council as regards the exemption for an application of lead as impurity in RIG Faraday rotators used for fibre optic communication systems

(notified under document number C(2009) 4165)

(Text with EEA relevance)

(2009/428/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (1), and in particular Article 5(1)(c) thereof,

Whereas:

(1) Directive 2002/95/EC requires the Commission to review the exempting for certain materials and components of electric and electronic equipment from Article 4(1) of that Directive.

(2) Having carried out the required technical and scientific assessment, the Commission considers that RIG (rare earth iron garnet) Faraday rotators which meet the maximum concentration values set by Directive 2002/95/EC are currently available and that the exemption granted in this regard should be reviewed.

(3) Directive 2002/95/EC should therefore be amended accordingly.

(4) Pursuant to Article 5(2) of Directive 2002/95/EC, the Commission has consulted the relevant parties. During the consultation the need to ensure that producers are given sufficient time for the appropriate qualification of RIG Faraday rotators with the restriction of lead as laid down by Directive 2002/95/EC emerged. It should therefore be ensured that the health or consumer safety impacts caused by substitution are not likely to outweigh the environmental, health or consumer safety benefits of the substitution, in particular in safety-relevant equipment such as communication systems.

(5) The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 18 of Directive 2006/12/EC of the European Parliament and of the Council (2),

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Directive 2002/95/EC is amended as set out in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 4 June 2009. For the Commission Stavros DIMAS Member of the Commission

(1) OJ L 37, 13.2.2003, p. 19.

(2) OJ L 114, 27.4.2006, p. 9.
EN Official Journal of the European Union C 137/2

COUNCIL DECISION

of 15 June 2009

appointing one Spanish member and one Spanish alternate member of the Committee of the Regions

2009/C 137/02

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 Spanish Government,

Whereas:

(1) On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

(2) A member's seat on the Committee of the Regions has become vacant following the expiry of the mandate of Mr Emilio PÉREZ TOURIŇO. An alternate member's seat has become vacant following the expiry of the mandate of Mr Julio César FERNÁNDEZ MATO,

HAS DECIDED AS FOLLOWS:

Article 1

The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2010:

(a) as member: — Mr Alberto NUŇEZ FEIJOO, Presidente de la Xunta de Galicia, Galicia, and

(b) as alternate member: — Mr Jesús GAMALLO ALLER, Director General de Relaciones Exteriores y con la Unión Europea, Galicia,

Article 2

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

Done at Luxembourg, 15 June 2009. For the Council The President J. ŠEBESTA

(1) OJ L 56, 25.2.2006, p. 75.
EN Official Journal of the European Union L 184/16

COMMISSION DECISION

of 13 July 2009

fixing the maximum amount of aid granted for the private storage of olive oil under the tendering procedure opened by Regulation (EC) No 542/2009

(notified under document number C(2009) 5715)

(Only the French, Greek, Italian, Portuguese and Spanish texts are authentic)

(2009/551/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 43(d), in conjunction with Article 4 thereof,

Whereas:

(1) Commission Regulation (EC) No 542/2009 of 23 June 2009 opening the tendering procedure for aid for private storage of olive oil (2) provides for two tendering sub-periods.

(2) In accordance with Article 13(1) of Commission Regulation (EC) No 826/2008 of 20 August 2008 laying down common rules for the granting of private storage aid for certain agricultural products (3), on the basis of tenders notified by the Member States, the Commission either fixes a maximum amount of the aid or does not fix a maximum amount of the aid.

(3) On the basis of the tenders submitted in response to the first partial invitation to tender, it is appropriate to fix a maximum amount of the aid for private storage of olive oil for the tendering sub-period ending on 6 July 2009.

(4) The measures provided for in this Decision are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS DECISION:

Article 1

For the tendering sub-period ending on 6 July 2009 within the tendering procedure opened by Regulation (EC) No 542/2009, the maximum amount of aid for olive oil shall be as set out in the Annex to this Decision.

Article 2

This Decision is addressed to the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic and the Portuguese Republic.

Done at Brussels, 13 July 2009. For the Commission Mariann FISCHER BOEL Member of the Commission

(1) OJ L 299, 16.11.2007, p. 1.

(2) OJ L 161, 24.6.2009, p. 3.

(3) OJ L 223, 21.8.2008, p. 3.
(7)

According to the April 2009 EDP notification by the Romanian authorities, subsequently validated by Eurostat, the general government deficit in Romania reached 5,4 % of GDP in 2008, thus exceeding the 3 % of GDP reference value. The deficit was not close to the 3 % of GDP reference value and the excess over the reference value cannot be qualified as exceptional within the meaning of the Treaty and of the Stability and Growth Pact. In particular, it does not result from an unusual event or from a severe economic downturn in 2008 in the sense of the Treaty and of the Stability and Growth Pact. Despite growth slowing down in the final quarter of the year, overall GDP growth in 2008 accelerated to a rate of 7,1 %, from 6 % in 2007 and significantly above the rate of potential growth. Furthermore, the excess over the reference value cannot be considered temporary. According to the Commission services′ spring 2009 forecast, the general government deficit is expected to reach 5,1 % of GDP in 2009 and, on a no-policy-change assumption, 5,6 % in 2010. This projection is based on GDP growth of – 4,0 % in 2009 and 0 % in 2010. The Commission services′ forecast takes into account measures for the current year in the budget for 2009 approved in February 2009 and the additional measures adopted by the government in April 2009. The deficit criterion in the Treaty is not fulfilled.
EN Official Journal of the European Union L 231/21

COMMISSION DECISION

of 2 September 2009

correcting Directive 2002/48/EC amending Council Directive 91/414/EEC to include iprovalicarb, prosulfuron and sulfosulfuron as active substances

(notified under document C(2009) 6612)

(Text with EEA relevance)

(2009/685/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular the second indent of the second subparagraph of Article 6(1) thereof,

Whereas:

(1) Commission Directive 2002/48/EC (2) contains errors concerning the period of inclusion of the active substances: iprovalicarb, prosulfuron and sulfosulfuron. Those errors must be corrected.

(2) 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 Directive 2002/48/EC is corrected as follows:

1. In the entry for iprovalicarb in the sixth column, the words ‘30 June 2011’ are replaced by the words ‘30 June 2012’.

2. In the entry for prosulfuron in the sixth column, the words ‘30 June 2011’ are replaced by the words ‘30 June 2012’.

3. In the entry for sulfosulfuron in the sixth column, the words ‘30 June 2011’ are replaced by the words ‘30 June 2012’.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 2 September 2009. For the Commission Androulla VASSILIOU Member of the Commission

(1) OJ L 230, 19.8.1991, p. 1.

(2) OJ L 148, 6.6.2002, p. 19.
EN Official Journal of the European Union C 245/15

COUNCIL DECISION

of 9 October 2009

appointing Italian, Luxembourg and Maltese members and alternate members of the Advisory Committee on Social Security for Migrant Workers

2009/C 245/05

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (1), and in particular Article 82 thereof,

Having regard to the lists of candidates submitted to the Council by the Governments of the Member States,

Whereas:

(1) By its Decision of 30 March 2009 (2), the Council appointed the members and alternate members of the Advisory Committee on Social Security for Migrant Workers for the period 30 March 2009 to 29 March 2011, with the exception of certain members including the Italian, Luxembourg and Maltese members and alternate members.

(2) The Italian, Luxembourg and Maltese Governments have submitted nominations for a number of posts to be filled,

HAS DECIDED AS FOLLOWS:

Sole Article

The following are hereby appointed members and alternate members of the Advisory Committee on Social Security for Migrant Workers for the period ending on 29 March 2011:

GOVERNMENT REPRESENTATIVES

Country Members Alternates Italy Ms Maria Grazia CATALDI Ms Enza AMATO Luxembourg Mr Claude EWEN Mr Romain EWERT Ms Mady KRIES





TRADE UNION REPRESENTATIVES

Country Members Alternates Italy Mr Michele ZERILLO Mr Gianluca LODETTI Mr Enrico MORONI Luxembourg Mr Eduardo DIAS Mr Vincent JACQUET Ms Tania MATIAS Malta Ms Margaret MAGRIN Mr Martin BALZAN Mr Terry GOSDEN





REPRESENTATIVES OF EMPLOYER'S ORGANISATIONS

Country Members Alternates Italy Ms Paola ASTORRI Mr Giacomo Emilio CURATOLO Ms Elvira MASSIMIANO Luxembourg Mr François ENGELS Mr Tom HERMES Ms Fabienne LANG

Done at Luxembourg, 9 October 2009. For the Council The President Å. TORSTENSSON

(1) OJ L 149, 5.7.1971, p. 2.

(2) OJ C 83, 7.4.2009, p. 19.
EN Official Journal of the European Union L 277/20

COUNCIL DECISION

of 14 October 2009

appointing the Deputy Secretary-General of the Council of the European Union for the period from 18 October 2009 until 31 October 2009

(2009/773/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 207(2) thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 121(2) thereof,

Whereas:

(1) The term of office of the current Deputy Secretary-General of the Council of the European Union will end on 17 October 2009 (1).

(2) The Deputy Secretary-General of the Council should be appointed until 31 October 2009,

HAS DECIDED AS FOLLOWS:

Article 1

Mr Pierre DE BOISSIEU is hereby appointed Deputy Secretary-General of the Council of the European Union for the period from 18 October 2009 until 31 October 2009.

Article 2

This Decision shall be notified to Mr Pierre DE BOISSIEU by the President of the Council.

It shall be published in the Official Journal of the European Union.

Done at Brussels, 14 October 2009. For the Council The President E. ERLANDSSON

(1) OJ L 236, 7.7.2004, p. 17.
EN Official Journal of the European Union L 291/26

COUNCIL DECISION

of 27 October 2009

appointing one French member of the Committee of the Regions

(2009/817/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 French Government,

Whereas:

(1) On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

(2) A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Bernard SOULAGE,

HAS DECIDED AS FOLLOWS:

Article 1

The following is hereby reappointed to the Committee of the Regions as a member for the remainder of the current term of office, which runs until 25 January 2010:

Mr Bernard SOULAGE, Vice-président du Conseil régional de Rhône-Alpes.

Article 2

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

Done at Luxembourg, 27 October 2009. For the Council The President C. BILDT

(1) OJ L 56, 25.2.2006, p. 75.
EN Official Journal of the European Union L 321/41

COUNCIL DECISION

of 30 November 2009

on the conclusion of the Agreement between the European Community and the Republic of Mauritius on the short-stay visa waiver

(2009/899/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular point 2(b)(i) of Article 62, in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission,

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

Whereas:

(1) The Commission has negotiated on behalf of the European Community an Agreement with the Republic of Mauritius on the short-stay visa waiver (hereinafter ‘the Agreement’).

(2) The Agreement was signed on behalf of the Community on 28 May 2009 and has been provisionally applied since that date, subject to its conclusion at a later date, in accordance with Council Decision 2009/480/EC (2).

(3) The Agreement should be approved.

(4) The Agreement establishes a Joint Committee for the management of the Agreement, which should adopt its rules of procedure. It is appropriate to provide for a simplified procedure for the establishment of the Community position on the adoption of those rules of procedure.

(5) In accordance with Articles 1 and 2 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, and without prejudice to Article 4 of the said Protocol, these Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Community and the Republic of Mauritius on the short-stay visa waiver (3) is hereby approved on behalf of the Community.

Article 2

The President of the Council shall give the notification provided for in Article 8(1) of the Agreement (4).

Article 3

The Community shall be represented by the Commission, assisted by experts from Member States, in the Joint Committee of experts established by Article 6 of the Agreement.

Article 4

The position of the Community within the Joint Committee of experts with regard to the adoption of its rules of procedure as required under Article 6(4) of the Agreement shall be taken by the Commission after consultation with a special committee designated by the Council.

Article 5

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

Done at Brussels, 30 November 2009. For the Council The President B. ASK

(1) Opinion of 20 October 2009 (not yet published in the Official Journal).

(2) OJ L 169, 30.6.2009, p. 16.

(3) For the text of the Agreement, see OJ L 169, 30.6.2009, p. 17.

(4) The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.
EN Official Journal of the European Union L 321/51

COUNCIL DECISION,

taken by common accord with the President-elect of the Commission,

of 4 December 2009

adopting the list of the other persons whom the Council proposes for appointment as Members of the Commission

(2009/903/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 17(3) and (4) and the second subparagraph of Article 17(7) thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,

Whereas:

(1) As a result of circumstances connected with the process of ratification of the Treaty of Lisbon, the Commission appointed on 22 November 2004 remained in office after 31 October 2009, pending completion of the process of appointment of the new Commission, in accordance with the provisions of the Treaty on European Union, as amended by the Treaty of Lisbon.

(2) A new Commission, consisting of one national of each Member State, including its President and the High Representative of the Union for Foreign Affairs and Security Policy, must be appointed until 31 October 2014.

(3) The European Council nominated Mr José Manuel DURÃO BARROSO as the person put forward to the European Parliament as President of the Commission, and the European Parliament elected the proposed candidate.

(4) In accordance with Article 18(1) of the Treaty on European Union, the European Council appoints the High Representative of the Union for Foreign Affairs and Security Policy with the agreement of the President of the Commission.

(5) The Council must adopt by common accord with the President-elect of the Commission the list of the other persons whom it proposes for appointment as Members of the Commission until 31 October 2014.

(6) In accordance with Article 17(7), third subparagraph, of the Treaty on European Union, the President, the High Representative of the Union for Foreign Affairs and Security Policy and the other Members of the Commission will be subject as a body to a vote of consent by the European Parliament,

HAS DECIDED AS FOLLOWS:

Article 1

By common accord with Mr José Manuel DURÃO BARROSO, President-elect of the Commission, the Council proposes the following persons for appointment as Members of the Commission until 31 October 2014:

Mr Joaquín ALMUNIA AMANN

Mr László ANDOR

Mr Michel BARNIER

Mr Dacian CIOLOȘ

Mr John DALLI

Ms Maria DAMANAKI

Mr Karel DE GUCHT

Mr Štefan FÜLE

Ms Máire GEOGHEGAN-QUINN

Mr Johannes HAHN

Ms Connie HEDEGAARD

Ms Rumiana JELEVA

Mr Siim KALLAS

Ms Neelie KROES

Mr Janusz LEWANDOWSKI

Ms Cecilia MALMSTRÖM

Mr Günther H. OETTINGER

Mr Andris PIEBALGS

Mr Janez POTOČNIK

Ms Viviane REDING

Mr Olli REHN

Mr Maroš ŠEFČOVIČ

Mr Algirdas Gediminas ŠEMETA

Mr Antonio TAJANI

Ms Androulla VASSILIOU

Article 2

This Decision shall be forwarded to the European Parliament.

It shall be published in the Official Journal of the European Union.
EN Official Journal of the European Union L 338/90

COUNCIL DECISION 2009/981/CFSP

of 18 December 2009

amending Common Position 2006/318/CFSP renewing restrictive measures against Burma/Myanmar

THE COUNCIL OF THE EUROPEAN UNION,

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

Whereas:

(1) On 27 April 2006, the Council adopted Common Position 2006/318/CFSP renewing restrictive measures against Burma/Myanmar (1).

(2) There are no longer grounds for keeping one person on the list of persons, entities and bodies to which Common Position 2006/318/CFSP applies,

HAS ADOPTED THIS DECISION:

Article 1

The person mentioned in the Annex to this Decision shall be removed from the list set out in Annex II to Common Position 2006/318/CFSP.

Article 2

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

Article 3

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

Done at Brussels, 18 December 2009. For the Council The President Å. TORSTENSSON

(1) OJ L 116, 29.4.2006, p. 77.
EN Official Journal of the European Union L 330/77

COUNCIL DECISION 2009/956/CFSP

of 15 December 2009

amending Joint Action 2009/131/CFSP extending the mandate of the European Union Special Representative for the crisis in Georgia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Treaty on the European Union, and in particular Articles 28, 31(2) and 33 thereof,

Whereas:

(1) On 25 September 2008, the Council adopted Joint Action 2008/760/CFSP (1) appointing Mr Pierre MOREL European Union Special Representative (EUSR) for the crisis in Georgia until 28 February 2009.

(2) On 16 February 2009, the Council adopted Joint Action 2009/131/CFSP (2) extending the mandate of the EUSR until 31 August 2009, and on 27 July 2009, the Council adopted Joint Action 2009/571/CFSP (3) further extending the mandate of the EUSR until 28 February 2010.

(3) A new financial reference amount should be provided in order to cover the expenditure related to the mandate of the EUSR until 28 February 2010.

(4) The EUSR will implement his mandate in the context of a situation which may deteriorate and could harm the objectives of the Common Foreign and Security Policy set out in Article 21 of the Treaty,

HAS ADOPTED THIS DECISION:

Article 1

Joint Action 2009/131/CFSP is hereby amended as follows:

Article 5(1) shall be replaced by the following:

‘1. The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 March 2009 to 28 February 2010 shall be 517 000 EUR.’.

Article 2

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

Article 3

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

Done at Brussels, 15 December 2009. For the Council The President E. ERLANDSSON

(1) OJ L 259, 27.9.2008, p. 16.

(2) OJ L 46, 17.2.2009, p. 47.

(3) OJ L 197, 29.7.2009, p. 109.
(13)

It should be noted that the current situation with respect to the product concerned both in the EC and in China is characterized by an unprecedented change of the fundamental economic considerations. While in these circumstances it is difficult to make reasoned assumptions as to the development of the market in the short to medium-term it would also seem that the economic situation is volatile and that the appearance of injurious dumping cannot be entirely excluded. It is therefore considered appropriate to monitor, in the near future, imports into the EC of the product concerned originating in the PRC. The monitoring period should not exceed 24 months from the publication of the termination of the present proceeding. The Commission does not rule out the opening of a new investigation concerning the same product if and when evidence is provided that points to injurious dumping, in line with the requirements set out in the relevant provisions of Article 5 of the basic Regulation.