ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 101/5

COMMISSION DELEGATED DECISION

of 3 February 2012

amending Directive 2009/42/EC of the European Parliament and of the Council on statistical returns in respect of carriage of goods and passengers by sea

(Text with EEA relevance)

(2012/186/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2009/42/EC of the European Parliament and of the Council of 6 May 2009 on statistical returns in respect of carriage of goods and passengers by sea (1), and in particular Article 3(4) thereof,

Whereas:

(1) In the production of European statistics there should be a balance between the needs of the users and the burden on respondents.

(2) A technical analysis of the existing data collected under the Union legislation on statistical returns in respect of carriage of goods and passengers by sea, and of the dissemination policy, has been carried out at European level in order to propose possible technical solutions to simplify, as much as possible, the various activities necessary for the production of statistics, while keeping the final output in line with present and foreseeable needs of users.

(3) As a result of this analysis, the variable ‘direction’ in the existing quarterly statistics on vessel traffic in the main European ports should be simplified, while the legal status (mandatory vs voluntary) of the corresponding data sets F1 and F2 should be clarified.

(4) In addition, a harmonised legal framework should be established for a voluntary collection of statistics on Ro-Ro containers. Moreover, the type of cargo classification should be extended.

(5) The nomenclature on the maritime coastal areas needs to be adapted to technical developments.

(6) Directive 2009/42/EC should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Annexes I, II, IV and VIII to Directive 2009/42/EC are replaced by the text set out in the Annex to this Decision.

Article 2

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

The first reference year for the application of this Decision shall be 2012, covering the data for 2012.

Done at Brussels, 3 February 2012. For the Commission The President José Manuel BARROSO

(1) OJ L 141, 6.6.2009, p. 29.
(2)

in Article 2, the following paragraph is inserted: ‘7a. Greece shall adopt the following measures without delay: (a) a reduction in pharmaceutical expenditure by at least EUR 1 076 million in 2012; (b) a reduction in overtime pay for doctors in hospitals by at least EUR 50 million in 2012; (c) a reduction in the procurement of military material by EUR 300 million (cash and deliveries) in 2012; (d) a reduction by 10 % in the remuneration of elected and related staff at local level in 2012 and a reduction in the number of deputy mayors and associated staff in 2013 with the aim of saving at least EUR 9 million in 2012 and an additional EUR 28 million in 2013; (e) a reduction in the central government’s operational expenditure, and election-related spending, by at least EUR 370 million (compared to the 2012 budget), of which at least EUR 100 million in military-related operational expenditure, and at least EUR 70 million in electoral spending; (f) a reduction in operational expenditure by local government with the aim of saving at least EUR 50 million in 2012; (g) cuts in subsidies to residents in remote areas, and cuts in grants to several entities supervised by the ministries, with the aim of reducing expenditure in 2012 by at least EUR 190 million; (h) a reduction in the public investment budget (PIB) by EUR 400 million in 2012. This reduction in the PIB budget will not have any impact on projects that are co-financed by structural funds (including TEN-T projects); (i) changes in supplementary pension funds and pension funds with high average pensions or which receive high subsidies from the budget, and cuts in other high pensions, with the aim of saving at least EUR 450 million in 2012 (net after taking into account the impact on taxes and social contributions); (j) cuts in family allowances for high-income households, with the aim of saving EUR 43 million in 2012; (k) ministerial decisions to complete the full implementation of the new wage grid in all the pertinent entities, and legislation on the modalities for the recovery of wages paid in excess as from November 2011; (l) the amendment of Articles 3 and 21 of Law 4038/2012 so that the conditions to extend the instalment plans for overdue taxes and social contributions are revised: instalment plans will only apply to existing overdue amounts below EUR 10 000 for individuals and EUR 75 000 for corporations. Tax payers applying for an extended instalment plan should disclose all their financial statements to the tax authorities; (m) a framework law, with an in-depth revision of the functioning of secondary/supplementary public pension funds aimed at stabilising pension expenditure, guaranteeing the budgetary neutrality of these schemes, and ensuring medium- and long-term sustainability of the system.’;
EN Official Journal of the European Union L 137/5

COUNCIL DECISION

of 15 May 2012

amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Banque de France

(2012/280/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Protocol (No 4) on the Statute of the European System of Central Banks and of the European Central Bank annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and in particular to Article 27.1 thereof,

Having regard to the Recommendation of the European Central Bank of 23 March 2012 to the Council of the European Union on the external auditors of the Banque de France (ECB/2012/5) (1),

Whereas:

(1) The accounts of the European Central Bank (ECB) and of the national central banks of the Eurosystem are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union.

(2) The mandate of the current external auditors of the Banque de France will end after the audit for the financial year 2011. It is therefore necessary to appoint external auditors as from the financial year 2012.

(3) The Banque de France has selected Deloitte & Associés and KPMG SA as its external auditors and BEAS and KPMG Audit FS I SAS as deputy auditors for the financial years 2012 to 2017.

(4) The Governing Council of the ECB recommended that Deloitte & Associés and KPMG SA should jointly be appointed as the external auditors of the Banque de France and that BEAS should be appointed as deputy auditors to Deloitte & Associés and KPMG Audit FS I SAS as deputy auditors to KPMG SA for the financial years 2012 to 2017.

(5) It is appropriate to follow the recommendation of the Governing Council of the ECB and to amend Council Decision 1999/70/EC (2) accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Article 1(4) of Decision 1999/70/EC is hereby replaced by the following:

‘4. Deloitte & Associés and KPMG SA are hereby approved as the external auditors of the Banque de France for the financial years 2012 to 2017. BEAS is hereby approved as the deputy auditors to Deloitte & Associés and KPMG Audit FS I SAS as deputy auditors to KPMG SA for the financial years 2012 to 2017.’.

Article 2

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

Article 3

This Decision is addressed to the European Central Bank.

Done at Brussels, 15 May 2012. For the Council The President M. VESTAGER

(1) OJ C 93, 30.3.2012, p. 1.

(2) OJ L 22, 29.1.1999, p. 69.
EN Official Journal of the European Union L 165/94

COMMISSION IMPLEMENTING DECISION

of 22 June 2012

granting a derogation from Regulation (EU) No 1337/2011 of the European Parliament and of the Council concerning European statistics on permanent crops with regard to the Federal Republic of Germany and the French Republic

(notified under document C(2012) 4132)

(Only the French and German texts are authentic)

(2012/337/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1337/2011 of the European Parliament and of the Council of 13 December 2011 concerning European statistics on permanent crops and repealing Council Regulation (EEC) No 357/79 and Directive 2001/109/EC of the European Parliament and of the Council (1), and in particular Article 10(1) thereof,

Having regard to the requests made by the Federal Republic of Germany and the French Republic,

Whereas:

(1) In accordance with Article 10 of Regulation (EU) No 1337/2011, where the application of this Regulation to the national statistical system of a Member State requires major adaptations and is likely to cause significant practical problems with regard to the permanent crops referred to in points (a) to (l) of Article 1(1), the Commission may grant Member States a derogation.

(2) The Federal Republic of Germany and the French Republic have requested derogations from the application of Regulation (EU) No 1337/2011 in accordance with Article 10(2) thereof.

(3) The information provided by the Federal Republic of Germany and the French Republic justifies granting those derogations.

(4) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Agricultural Statistics,

HAS ADOPTED THIS DECISION:

Article 1

1. The Federal Republic of Germany is granted derogation from its obligation to submit statistics on the permanent crops referred to in points (a) to (l) of Article 1(1) of Regulation (EU) No 1337/2011 until 31 December 2012.

2. The derogation is granted for the reference year 2012.

Article 2

1. The French Republic is granted derogation from its obligation to submit statistics on olive trees until 31 December 2012.

2. The derogation is granted for the reference year 2012.

Article 3

This Decision is addressed to the Federal Republic of Germany and the French Republic.

Done at Brussels, 22 June 2012. For the Commission Algirdas ŠEMETA Member of the Commission

(1) OJ L 347, 30.12.2011, p. 7.
EN Official Journal of the European Union L 182/39

COUNCIL DECISION

of 10 July 2012

appointing a Spanish alternate member of the Committee of the Regions

(2012/376/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 (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

(2) An alternate member’s seat has become vacant following the end of the term of office of Ms María Isabel NIETO FERNÁNDEZ,

HAS ADOPTED THIS DECISION:

Article 1

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

— Mr Enrique BARRASA SÁNCHEZ, Director General de Inversiones y Acción Exterior Junta de Extremadura.

Article 2

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

Done at Brussels, 10 July 2012. For the Council The President V. SHIARLY

(1) OJ L 348, 29.12.2009, p. 22.

(2) OJ L 12, 19.1.2010, p. 11.
EN Official Journal of the European Union L 189/9

COUNCIL DECISION

of 16 July 2012

appointing three Italian members and an Italian alternate member of the Committee of the Regions

(2012/405/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 Italian Government,

Whereas:

(1) On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

(2) Three members’ seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Graziano MILIA, Mr Riccardo VENTRE and Ms Marta VINCENZI. An alternate member’s seat has become vacant following the end of the term of office of Ms Laura ARDITO,

HAS ADOPTED THIS DECISION:

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 2015:

(a) as members: — Mr Piero LACORAZZA, Presidente della Provincia di Potenza, — Mr Piero FASSINO, Sindaco del Comune di Torino, — Mr Mauro D’ATTIS, Consigliere del Comune di Brindisi; and

(b) as alternate member: — Ms Lucia LIBERTINO, Consigliere del Comune di Formicola.

Article 2

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

Done at Brussels, 16 July 2012. For the Council The President S. ALETRARIS

(1) OJ L 348, 29.12.2009, p. 22.

(2) OJ L 12, 19.1.2010, p. 11.
EN Official Journal of the European Union L 200/18

POLITICAL AND SECURITY COMMITTEE DECISION EU BAM RAFAH/2/2012

of 24 July 2012

extending the mandate of the Head of the European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) ad interim

(2012/437/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,

Having regard to Council Joint Action 2005/889/CFSP of 25 November 2005 on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) (1), and in particular Article 10(1) thereof,

Whereas:

(1) Under Article 10(1) of Joint Action 2005/889/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising the political control and strategic direction of the EU BAM Rafah mission, including in particular the decision to appoint a Head of Mission.

(2) On 3 July 2012, by Decision 2012/382/CFSP (2), the PSC, on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy (HR), appointed Mr Davide PALMIGIANI Head of the EU BAM Rafah mission, ad interim, for the period from 1 July 2012 to 31 July 2012.

(3) The HR has proposed that the mandate of Mr Davide PALMIGIANI as Head of the EU BAM Rafah mission, ad interim, be extended for a further period of two months, from 1 August 2012 to 30 September 2012,

HAS ADOPTED THIS DECISION:

Article 1

The mandate of Mr Davide PALMIGIANI as Head of the European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah), ad interim, is hereby extended until 30 September 2012.

Article 2

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

It shall apply from 1 August 2012.

Done at Brussels, 24 July 2012. For the Political and Security Committee The Chairperson O. SKOOG

(1) OJ L 327, 14.12.2005, p. 28.

(2) OJ L 186, 14.7.2012, p. 30.
EN Official Journal of the European Union C 288/1

COUNCIL DECISION

of 24 September 2012

appointing one member of the Management Board of the European Chemicals Agency

2012/C 288/01

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency (1), and in particular Article 79 thereof,

Whereas:

(1) Article 79 of Regulation (EC) No 1907/2006 provides that the Council is to appoint as Members of the Management Board of the European Chemicals Agency (‘the Management Board’) one representative from each Member State.

(2) By Decision of 17 May 2011 (2) the Council appointed 15 members of the Management Board, including one from Belgium.

(3) The Belgian Government has informed the Council of its intention to replace the Belgian representative on the Management Board and has submitted a nomination for a new representative, who should be appointed for a period which runs until 31 May 2015,

HAS ADOPTED THIS DECISION:

Article 1

Mr Jean Roger DRÈZE of Belgian nationality, born on 6 June 1951, shall be appointed member of the Management Board of the European Chemicals Agency in place of Mr Helmut DE VOS for the period from 25 September 2012 to 31 May 2015.

Article 2

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

Done at Brussels, 24 September 2012. For the Council The President S. ALETRARIS

(1) OJ L 396, 30.12.2006, p. 1.

(2) OJ C 151, 21.5.2011, p. 1.
EN Official Journal of the European Union L 226/6

COMMISSION DECISION

of 20 August 2012

setting a new deadline for the submission of dossiers for certain substances to be examined under the 14-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council

(notified under document C(2012) 5787)

(Text with EEA relevance)

(2012/483/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular Article 16(2) thereof,

Whereas:

(1) Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC.

(2) For a number of substance/product-type combinations included in that list, either all participants have discontinued their participation from the review programme, or no complete dossier was received within the time period specified in Article 9 and Article 12(3) of Regulation (EC) No 1451/2007 by the Member State designated as rapporteur for the evaluation.

(3) Consequently, and pursuant to Articles 11(2), 12(1) and 13(5) of Regulation (EC) No 1451/2007, the Commission informed the Member States accordingly. That information was also made public by electronic means on 17 January 2011.

(4) Within three months of the electronic publication of that information, several companies indicated an interest in taking over the role of participant for some of the substances and product-types concerned, in accordance with Article 12(1) of Regulation (EC) No 1451/2007.

(5) A new deadline should therefore be established for the submission of dossiers for those substances and product-types in accordance with the second subparagraph of Article 12(3) of that Regulation.

(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Biocidal Products,

HAS ADOPTED THIS DECISION:

Article 1

For the substances and product-types set out in the Annex, the new deadline for the submission of dossiers is 30 September 2013.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 20 August 2012. For the Commission Janez POTOČNIK Member of the Commission

(1) OJ L 123, 24.4.1998, p. 1.

(2) OJ L 325, 11.12.2007, p. 3.
EN Official Journal of the European Union C 288/4

COUNCIL DECISION

of 24 September 2012

appointing one member of the Management Board of the European Chemicals Agency

2012/C 288/03

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency (1), and in particular Article 79 thereof,

Whereas:

(1) Article 79 of Regulation (EC) No 1907/2006 provides that the Council is to appoint as members of the Management Board of the European Chemicals Agency (‘the Management Board’) one representative from each Member State.

(2) By Decision of 7 June 2007 (2) the Council appointed 27 members of the Management Board of the European Chemicals Agency.

(3) The Hungarian Government has informed the Council of its intention to replace the Hungarian representative on the Management Board and has submitted a nomination for a new representative, who should be appointed for a period which runs until 31 May 2013,

HAS ADOPTED THIS DECISION:

Article 1

Ms. Krisztina CSENGŐDY of Hungarian nationality, born on 9 January 1961, shall be appointed member of the Management Board of the European Chemicals Agency in place of Mr. Zoltán ADAMIS for the period from 25 September 2012 to 31 May 2013.

Article 2

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

Done at Brussels, 24 September 2012. For the Council The President S. ALETRARIS

(1) OJ L 396, 30.12.2006, p. 1.

(2) OJ C 134, 16.6.2007, p. 6.
(4)

According to the first condition, credit rating agencies in the third country must be subject to authorisation or registration and subject to effective supervision and enforcement on an ongoing basis. Canada has a comprehensive and legally binding framework in relation to CRAs and the use of credit ratings. National Instrument 25-101 Designated Rating Organizations (DRO) was introduced on 27 January 2012 and became effective from 20 April 2012. This framework requires a credit rating agency to be registered with the Canadian Securities Administrators (CSA) and provides for ongoing supervision of the credit rating agency by the CSA. For the purposes of carrying out its oversight tasks, the CSA is endowed with a wide and comprehensive range of powers. The CSA has the power to require access to books, records and documents kept by credit rating agencies, and to request other relevant information, including telephone records and data traffic. The CSA is also empowered to conduct on-site inspections and inquire into and examine books and records. Moreover, the CSA may bring proceedings against a credit rating agency in the event of a breach of National Instrument 25-101 using any of the powers which are available in the event of a breach of securities’ legislation. Among other powers, the CSA may make an order revoking the designated status of a DRO, impose a fine up to 1 000 000 CAD for each failure to comply with its legal obligations, and require a DRO to rectify any past non-compliance. All CRAs based in Canada were registered as DROs by the CSA on 30 April 2012 and have since then been subject to the CSA’s ongoing supervision. The Ontario Securities Commission which acts as lead supervisor within the CSA intends to conduct on-site inspections at least every two years. The cooperation agreement concluded between ESMA and the CSA provides for information exchange with regard to enforcement and supervisory measures taken against cross border CRAs.