ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 255/41

COMMISSION DECISION

of 26 July 2004

amending Decision 2001/651/EC establishing the typical process standard deviation of the fat content of butter imported from New Zealand under Article 5 of Regulation (EC) No 1374/98

(notified under document number C(2004) 2962)

(2004/584/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1),

Having regard to Commission Regulation (EC) No 2535/2001 of 14 December 2001 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas (2), and in particular Article 40(1) thereof,

Whereas:

(1) Annex IV to Regulation (EC) No 2535/2001 lays down a procedure for the verification of the fat content of New Zealand butter presented for release into free circulation in the Community under the current access quota specified under quota number 09.4589 of Annex III.A to that Regulation.

(2) This procedure is based on statistical principles. An essential element of this procedure is the use of a typical process standard deviation of the fat content of butter made according to a defined specification in a specified production plant and known in advance by the control authorities in Member States where the declaration for release into free circulation in the Community is presented.

(3) The identification of the factories and the corresponding typical process standard deviation are contained in the Annex to Commission Decision 2001/651/EC (3).

(4) The New Zealand Food Safety Authority, by letter dated 23 April 2004, notified the Commission of new registered factory names.

(5) Decision 2001/651/EC should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 2001/651/EC is replaced by the text in the Annex to this Decision.

Article 2

This Decision shall apply to imports of butter in respect of which IMA 1 certificates were issued from the third day following the date of its publication in the Official Journal of the European Union.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 26 July 2004. For the Commission Franz FISCHLER Member of the Commission

(1) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

(2) OJ L 341, 22.12.2001, p. 29. Regulation as last amended by Regulation (EC) No 810/2004 (OJ L 149, 30.4.2004, p. 138).

(3) OJ L 229, 25.8.2001, p. 24. Decision as amended by Decision 2002/667/EC (OJ L 227, 23.8.2002, p. 51).
Council Decision of 29 April 2004 on the conclusion of the Framework Agreement between the European Community and the European Space Agency (2004/578/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 170, 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 Community an Agreement with the European Space Agency.

(2) The Agreement was signed on behalf of the Community on 25 November 2003 subject to its possible conclusion at a later date.

(3) This Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Community and the European Space Agency is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person empowered to deposit on behalf of the Community the act of approval, as provided for in Article 12(1) of the Framework Agreement, in order to express the consent of the Community to be bound.

Done at Luxembourg, 29 April 2004 .

For the Council

The President

M. Mc Dowell

(1) Opinion delivered on 20 April 2004 (not yet published in the Official Journal).
1.

Article 4 is replaced by the following: ‘Article 4 Conditions related to the importation of live molluscs intended for human consumption 1. Member States shall authorise the importation into their territory of live molluscs intended for further processing before human consumption only if the consignment: (a) complies with the conditions laid down in Article 3(1); or (b) is sent directly to an approved import centre for further processing. 2. Member States shall authorise the importation into their territory of live molluscs intended for immediate human consumption only if the molluscs originate in third countries and establishments authorised under Article 9 of Directive 91/492/EEC and Article 11 of Directive 91/493/EEC and comply with the public health certification requirements laid down under those Directives; and either (a) the consignment consists of molluscs packed in packages of a size suitable for retail sale to restaurants or directly to the consumer; and the packages are clearly labelled with the following text “Live molluscs for immediate human consumption. Not to be relayed in Community waters.”; or (b) the consignment is sent directly to an approved import centre where the molluscs are further processed. However, viable molluscs can only leave such premises if they are packaged and labelled as required in (a) above.’
EN Official Journal of the European Union L 273/21

COMMISSION DECISION

of 20 August 2004

amending for the second time Decision 2004/122/EC concerning certain protection measures in relation to avian influenza in several Asian countries

(notified under document number C(2004) 3294)

(Text with EEA relevance)

(2004/606/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/496/EEC/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (1), and in particular Article 18 (1) thereof,

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

Whereas:

(1) By Decision 2004/122/EC (3) the Commission adopted protection measures in relation to avian influenza in several Asian countries, namely in Cambodia, Indonesia, Japan, Laos, Pakistan, the People’s Republic of China including the territory of Hong Kong, South Korea, Thailand and Vietnam.

(2) On 19 August 2004 Malaysia has reported an outbreak of avian influenza.

(3) Given the disease situation the measures laid down in Article 4 of Decision 2004/122/EC should apply also to Malaysia.

(4) The provisions of this Decision will be reviewed at the next meeting of the Standing Committee on the Food Chain and Animal Health;

HAS ADOPTED THIS DECISION:

Article 1

In Article 4 paragraph 1 of Decision 2004/122/EC ‘Malaysia’ is added to the list of third countries.

Article 2

The Member States shall amend the measures they apply to imports so as to bring them into compliance with this Decision and they shall give immediate appropriate publicity to the measures adopted. They shall immediately inform the Commission thereof.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 20 August 2004. For the Commission David BYRNE Member of the Commission

(1) OJ L 268, 24.9.1991, p. 56. Directive as last amended by the 2003 Act of Accession.

(2) OJ L 24, 31.1.1998, p. 9. Directive as last amended by Directive (EC) No 882/2004 of the European Parliament and of the Council (OJ L 165, 30.4.2004, p. 1).

(3) OJ L 36, 7.2.2004, p. 59 as amended by Decision 2004/572/EC (OJ L 253, 29.7.2004, p. 22).
EN Official Journal of the European Union L 342/27

COUNCIL DECISION

of 25 October 2004

amending the Decision authorising the Director of Europol to enter into negotiations on agreements with third States and non-EU-related bodies

(2004/773/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Convention on the establishment of a European Police Office (Europol Convention) (1), and in particular Article 42(2), Article 10(4) and Article 18 thereof,

Having regard to the Council Act of 3 November 1998 laying down rules governing Europol's external relations with third States and non-EU-related bodies (2), and in particular Article 2 of that Act,

Having regard to the Council Act of 3 November 1998 laying down rules governing the receipt of information by Europol from third parties (3), and in particular Article 2 of that Act,

Having regard to the Council Act of 12 March 1999 adopting the rules governing the transmission of personal data by Europol to third States and third bodies (4), and in particular Articles 2 and 3 of that Act,

Whereas:

(1) Operational requirements and the need to combat in an effective way organised forms of criminality through Europol, require that Moldova and Ukraine be added to the list of third States with which the Director of Europol is authorised to start negotiations.

(2) Council Decision of 27 March 2000 (5) should therefore be amended,

HAS DECIDED AS FOLLOWS:

Article 1

Council Decision of 27 March 2000 is hereby amended as follows:

In Article 2(1), under the heading ‘Third States’, the following States shall be inserted in the alphabetical list: — ‘Moldova’ and — ‘Ukraine’.

Article 2

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

Article 3

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

Done at Luxembourg, 25 October 2004. For the Council The President R. VERDONK

(1) OJ C 316, 27.11.1995, p. 2.

(2) OJ C 26, 30.1.1999, p. 19.

(3) OJ C 26, 30.1.1999, p. 17.

(4) OJ C 88, 30.3.1999, p. 1.

(5) OJ C 106, 13.4.2000, p. 1.
(21)

In accordance with Articles 2(2) and 5 of the basic Regulation, the amount of countervailable subsidies was calculated in terms of the benefit conferred on the recipient, which is found to exist during the investigation period. In this regard, it was considered that the benefit is conferred on the recipient at the point in time when an export transaction is made under this scheme. At this moment, the GOI is liable to forego the customs duties, which constitutes a financial contribution within the meaning of Article 2(1)(a)(ii) of the basic Regulation. As stated in recital 15, once the customs authorities issue an export shipping bill which shows, inter alia, the amount of DEPBS credit which is to be granted for that export transaction, the GOI has no discretion as to whether or not to grant the subsidy and it has no discretion as to the amount of the subsidy. Also, as stated in the same recital, any change of the DEPBS rates between the actual export and the issuance of a DEPBS licence has no retroactive effect on the level of the benefit granted. Furthermore, as stated in recital 16, companies can, in line with Indian accounting standards, book the DEPBS credits on an accrual basis as income at the stage of export transaction. Finally, by virtue of the fact that a company is aware that it will receive a subsidy under the DEPBS, and indeed benefits under other schemes, the company is already in a competitively more advantageous position, because it can reflect the subsidies through offering lower prices.
EN Official Journal of the European Union L 358/32

COMMISSION DECISION

of 29 November 2004

amending Decision 2002/887/EC authorising derogations from certain provisions of Council Directive 2000/29/EC in respect of naturally or artificially dwarfed plants of Chamaecyparis Spach, Juniperus L. and Pinus L., originating in Japan

(notified under document number C(2004) 4441)

(2004/826/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), and in particular Article 15(1) thereof,

Having regard to the request made by the United Kingdom,

Whereas:

(1) Commission Decision 2002/887/EC (2) authorises Member States to provide derogations from certain provisions of Council Directive 2000/29/EC in respect of plants of Chamaecyparis Spach, Juniperus L. and Pinus L., originating in Japan, for limited periods and subject to specific conditions.

(2) Since the circumstances justifying the authorisation still apply and there is no new information giving cause for revision of the specific conditions, the authorisation should be extended.

(3) Decision 2002/887/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

Decision 2002/887/EC is amended as follows:

1. in the first paragraph and in the second paragraph of Article 2, ‘1 August 2003 and 1 August 2004’ is replaced by ‘1 August 2005 and 1 August 2006’;

2. the table in Article 4 is replaced by the following table: ‘Plants Period Chamaecyparis: 1.1.2005 to 31.12.2006 Juniperus: 15.11.2004 to 31.3.2005, and 1.11.2005 to 31.3.2006 Pinus: 1.1.2005 to 31.12.2006’

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 29 November 2004. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2004/102/EC (OJ L 309, 6.10.2004, p. 9).

(2) OJ L 309, 12.11.2002, p. 8.
EN Official Journal of the European Union L 379/111

COUNCIL DECISION 2004/901/CFSP

of 22 December 2004

amending Decision 1999/730/CFSP implementing Joint Action 1999/34/CFSP with a view to a European Union contribution to combating the destabilising accumulation and spread of small arms and light weapons in Cambodia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Joint Action 1999/34/CFSP of 17 December 1998 on the European Union's contribution to combating the destabilising accumulation and spread of small arms and light weapons (1), and in particular Article 6 thereof, in conjunction with Article 23(2) of the Treaty on European Union,

Whereas:

(1) On 15 November 1999 the Council adopted Decision 1999/730/CFSP (2) concerning a European Union contribution to combating the destabilising accumulation and spread of small arms and light weapons in Cambodia, in implementation of Joint Action 1999/34/CFSP.

(2) On 22 November 2004 the Council adopted Decision 2004/792/CFSP (3), extending Decision 1999/730/CFSP until 15 November 2005.

(3) The terms of reference for the Project Manager should be adapted for the purposes of the implementation of the projects covered by Decision 1999/730/CFSP for the relevant period in 2005,

HAS DECIDED AS FOLLOWS:

Article 1

The Annex to Decision 1999/730/CFSP is hereby replaced by the Annex to this Decision.

Article 2

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

Article 3

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

Done at Brussels, 22 December 2004. For the Council The President C. VEERMAN

(1) OJ L 9, 15.1.1999, p. 1.

(2) OJ L 294, 16.11.1999, p. 5.

(3) OJ L 348, 24.11.2004, p. 47.
EN Official Journal of the European Union L 344/31

COUNCIL DECISION

of 15 November 2004

appointing two Czech members and three alternate Czech members of the Committee of the Regions

(2004/779/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,

Having regard to the proposal from the Czech Government,

Whereas:

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

(2) Two seats as members of the Committee of the Regions have become vacant following the resignations of Mr Jan BŘEZINA, notified to the Council on 22 July 2004, and of Mr Oldřich VLASÁK, notified to the Council on 30 August 2004; one seat as an alternate member of the Committee of the Regions has become vacant following the resignation of Mr Petr DUCHOŇ, notified to the Council on 30 August 2004. Two seats as alternate members of the Committee of the Regions have become vacant following the nomination of Mr František SLAVÍK and Mr Tomáš ÚLEHLA to be full members,

HAS DECIDED AS FOLLOWS:

Sole Article

The following are appointed to the Committee of the Regions:

(a) as members: 1. Mr František SLAVÍK, President of the Regional Council of Zlínský kraj to replace M. Jan BŘEZINA 2. Mr Tomáš ÚLEHLA Mayor of the City of Zlín, Zlínský kraj to replace M. Oldřich VLASÁK;

(b) as alternate members: 1. Ms Ivana ČERVINKOVÁ Mayor of the Municipality of Kostelec nad Orlicí, Královehradecký kraj to replace Mr Petr DUCHOŇ 2. Mr Ivan KOSATÍK, 2nd Deputy of the President of the Regional Council of Olomoucký kraj to replace Mr František SLAVÍK 3. Mr Petr OSVALD Member of the local authority of the City of Plzeň, Plzeňský kraj to replace Mr Tomáš ÚLEHLA;

for the remainder of their term of office, which runs until 25 January 2006.

Done at Brussels, 15 November 2004. For the Council The President M. VAN DER HOEVEN

(1) OJ L 24, 26.1.2002, p. 38.
2.

In Article 4 paragraphs 2 and 3 are replaced by the following: ‘2. For the purposes of paragraph 1, where the data controller adduces adequate safeguards on the basis of the standard contractual clauses contained in set II in the Annex, the competent data protection authorities are entitled to exercise their existing powers to prohibit or suspend data flows in either of the following cases: (a) refusal of the data importer to cooperate in good faith with the data protection authorities, or to comply with their clear obligations under the contract; (b) refusal of the data exporter to take appropriate steps to enforce the contract against the data importer within the normal period of one month after notice by the competent data protection authority to the data exporter. For the purposes of the first subparagraph, refusal in bad faith or refusal to enforce the contract by the data importer shall not include cases in which cooperation or enforcement would conflict with mandatory requirements of the national legislation applicable to the data importer which do not go beyond what is necessary in a democratic society on the basis of one of the interests listed in Article 13(1) of Directive 95/46/EC, in particular sanctions as laid down in international and/or national instruments, tax-reporting requirements or anti-money-laundering reporting requirements. For the purposes of point (a) of the first subparagraph cooperation may include, in particular, the submission of the data importer’s data processing facilities for audit or the obligation to abide by the advice of the data protection supervisory authority in the Community. 3. The prohibition or suspension pursuant to paragraphs 1 and 2 shall be lifted as soon as the reasons for the prohibition or suspension no longer exist. 4. When Member States adopt measures pursuant to paragraphs 1, 2 and 3, they shall without delay inform the Commission which will forward the information to the other Member States.’.
2.

The following Article 4b is inserted: “Article 4b 1. By way of derogation from Article 4a Member States shall authorise the transit by road or by rail through the Community, between designated Community border inspection posts listed in the Annex of Decision 2001/881/EC, of consignments coming from and destined to Russia directly or via another third country provided that the following conditions are met: (a) the consignment shall be sealed with a serially numbered seal at the border inspection post of entry to the EC by the veterinary services of the competent authority; (b) the documents accompanying the consignment and referred to in Article 7 of Directive 97/78/EC shall be stamped “ONLY FOR TRANSIT TO RUSSIA VIA THE EC” on each page by the official veterinarian of the competent authority responsible for the BIP; (c) the procedural requirements provided for in Article 11 of Directive 97/78/EC shall be complied with; (d) the consignment is certified as acceptable for transit on the Common Veterinary Entry Document by the Official Veterinarian of the Border Inspection Post of introduction. 2. unloading or storage, as defined in Article 12 (4) or Article 13 of Directive 97/78/EC, on EC territory of such consignments shall not be allowed. 3. regular audits shall be made by the competent authority to ensure that the number of consignments and the quantities of products leaving the EC territory matches the number and quantities entering.” 3. A new Annex III is added in accordance with the Annex to this Decision.
Commission Decision

of 17 March 2004

amending Decision 2000/333/EC laying down special conditions for the import of bivalve molluscs, echinoderms, tunicates and marine gastropods originating in the Socialist Republic of Vietnam, as regards the designation of the competent authority

(notified under document number C(2004) 824)

(Text with EEA relevance)

(2004/263/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/492/EEC of 15 July 1991 laying down the health conditions for the production and the placing on the market of live bivalve molluscs(1), and in particular Article 9(4) thereof,

Whereas:

(1) Commission Decision 2000/333/EC of 25 April 2000 laying down special conditions for the import of bivalve molluscs, echinoderms, tunicates and marine gastropods originating in the Socialist Republic of Vietnam(2), states that the "National Fisheries Inspection and Quality Assurance Centre (NAFIQACEN) of the Ministry of Fisheries" is to be the competent authority in Vietnam for verifying and certifying compliance of bivalve molluscs, echinoderms, tunicates and marine gastropods with the requirements of Directive 91/492/EEC.

(2) Following a restructuring of the Vietnamese administration, the competent authority for verifying and certifying compliance of bivalve molluscs, echinoderms, tunicates and marine gastropods has changed to the "National Fisheries Quality Assurance and Veterinary Directorate (NAFIQAVED)". This new authority is capable of effectively verifying the application of the laws in force.

(3) Decision 2000/333/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 the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

In Decision 2000/333/EC Article 1 is replaced by the following:

"Article 1

The 'National Fisheries Quality Assurance and Veterinary Directorate (NAFIQAVED)' shall be the competent authority in Vietnam for verifying and certifying compliance of bivalve molluscs, echinoderms, tunicates and marine gastropods with the requirements of Directive 91/492/EEC."

Article 2

This Decision shall apply from 3 May 2004.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 17 March 2004.

For the Commission

David Byrne

Member of the Commission

(1) OJ L 268, 24.9.1991, p. 1. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(2) OJ L 114, 13.5.2000, p. 42.