ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 173/8

COUNCIL DECISION

of 22 June 2009

on the conclusion of the Agreement between the European Community and the Government of Nepal on certain aspects of air services

(2009/514/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2) 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,

Whereas:

(1) The Council authorised the Commission on 5 June 2003 to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

(2) On behalf of the Community, the Commission has negotiated an Agreement between the European Community and the Government of Nepal on certain aspects of air services (1) (the Agreement) in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

(3) The Agreement was signed on behalf of the Community on 23 January 2009 subject to its conclusion at a later date, in conformity with Council Decision 2009/117/EC (2).

(4) The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Community and the Government of Nepal on certain aspects of air services is hereby approved on behalf of the Community.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to make the notification provided for in Article 9(1) of the Agreement.

Done at Luxembourg, 22 June 2009. For the Council The President J. ŠEBESTA

(1) OJ L 41, 12.2.2009, p. 5.

(2) OJ L 41, 12.2.2009, p. 3.
EN Official Journal of the European Union L 173/9

COUNCIL DECISION

of 22 June 2009

on the conclusion of the Agreement between the European Community and the State of Israel on certain aspects of air services

(2009/515/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2) 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,

Whereas:

(1) The Council authorised the Commission on 5 June 2003 to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

(2) On behalf of the Community, the Commission has negotiated an Agreement between the European Community and the State of Israel on certain aspects of air services (1) (the Agreement) in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

(3) The Agreement was signed on behalf of the Community on 9 December 2008 subject to its conclusion at a later date, in conformity with Council Decision 2009/305/EC (2).

(4) The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Community and the State of Israel on certain aspects of air services is hereby approved on behalf of the Community.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to make the notification provided for in Article 8 of the Agreement.

Done at Luxembourg, 22 June 2009. For the Council The President J. ŠEBESTA

(1) OJ L 90, 2.4.2009, p. 10.

(2) OJ L 90, 2.4.2009, p. 9.
EN Official Journal of the European Union L 185/23

COUNCIL DECISION

of 16 July 2009

appointing a new Member of the Commission of the European Communities

(2009/552/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the second paragraph of Article 215 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 128 thereof,

Whereas:

in a letter dated 5 July 2009, Mr Louis MICHEL resigned from his post as a Member of the Commission with effect from 14 July 2009. He should be replaced for the remainder of his term of office,

HAS DECIDED AS FOLLOWS:

Article 1

Mr Karel De GUCHT is hereby appointed a Member of the Commission for the period from 17 July 2009 to 31 October 2009.

Article 2

This Decision shall take effect on 17 July 2009.

Article 3

This Decision shall be published in the Official Journal of the European Union.
EN Official Journal of the European Union L 204/43

COMMISSION DECISION

of 5 August 2009

amending Annex I to Decision 2004/233/EC as regards the entries for Germany in the list of laboratories authorised to check the effectiveness of vaccination against rabies in certain domestic carnivores

(Notified under document C(2009) 6105)

(Text with EEA relevance)

(2009/601/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 2000/258/EC of 20 March 2000 designating a specific institute responsible for establishing the criteria necessary for standardising the serological tests to monitor the effectiveness of rabies vaccines (1), and in particular Article 3 thereof,

Whereas:

(1) Decision 2000/258/EC designates the laboratory of the Agence française de sécurité sanitaire des aliments de Nancy (the AFSSA Laboratory, Nancy), France as the specific institute responsible for establishing the criteria necessary for standardising the serological tests to monitor the effectiveness of rabies vaccines.

(2) That Decision also provides that the AFSSA Laboratory, Nancy, is to send the Commission the list of Community laboratories to be authorised to carry out those serological tests. Accordingly, the AFSSA Laboratory, Nancy, performs the established proficiency testing procedure for appraising laboratories prior to their authorisation to perform the serological tests.

(3) Commission Decision 2004/233/EC of 4 March 2004 authorising laboratories to check the effectiveness of vaccination against rabies in certain domestic carnivores (2) establishes a list of authorised laboratories in the Member States on the grounds of the results of the proficiency tests communicated by the AFSSA Laboratory, Nancy.

(4) Germany has requested that one laboratory be deleted from the list of authorised laboratories set out in Annex I to Decision 2004/233/EC, as regards the entries for that Member State.

(5) Annex I to Decision 2004/233/EC should therefore be amended accordingly.

(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

In Annex I to Decision 2004/233/EC, entry 3 for Germany is deleted.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 5 August 2009. For the Commission Androulla VASSILIOU Member of the Commission

(1) OJ L 79, 30.3.2000, p. 40.

(2) OJ L 71, 10.3.2004, p. 30.
EN Official Journal of the European Union L 198/56

COUNCIL DECISION

of 27 July 2009

appointing one Spanish member of the Committee of the Regions

(2009/577/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 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 resignation of Mr Manuel CHAVES GONZÁLES,

HAS DECIDED AS FOLLOWS:

Article 1

The following is hereby appointed 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 José Antonio GRIŇÁN MARTÍNEZ, Presidente de la Junta de Andalucía.

Article 2

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

Done at Brussels, 27 July 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 214/34

COUNCIL DECISION

of 27 July 2009

concerning the conclusion of consultations with the Republic of Guinea under Article 96 of the Cotonou agreement

(2009/618/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

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), as revised by the agreement signed in Luxembourg on 25 June 2005 (2) (hereinafter referred to as the Cotonou 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 Commission,

Whereas:

(1) The essential elements referred to in Article 9 of the Cotonou Agreement have been violated.

(2) On 29 April 2009, pursuant to Article 96 of the Cotonou Agreement, consultations started with Guinea, in the presence of the representatives of the African, Caribbean and Pacific Group of States during which representatives of the ruling military junta and the transitional government presented satisfactory proposals and commitments,

HAS DECIDED AS FOLLOWS:

Article 1

Consultations with Guinea under Article 96 of the Cotonou 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 Cotonou Agreement.

Article 3

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

This Decision shall expire on 27 July 2011. It is reviewed regularly at least once every six months in the light of the conclusions of the joint monitoring missions by the Presidency of the European Union and the Commission.

Article 4

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

Done at Brussels, 27 July 2009. For the Council The President C. BILDT

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

(2) OJ L 209, 11.8.2005, p. 27.

(3) OJ L 317, 15.12.2000, p. 376.
(7)

According to the April 2009 EDP notification by the Polish authorities, subsequently validated by Eurostat, the general government deficit in Poland reached 3,9 % 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 within the meaning of the Treaty and of the Stability and Growth Pact. Moreover, it does not result from a severe economic downturn in the sense of the Treaty and of the Stability and Growth Pact. Despite growth slowing down to 3,3 % year-on-year in the last quarter of 2008, which affected revenue collection in the last quarter of the year and added to the worse-than-expected deficit outcome, overall GDP growth was still relatively robust at 4,9 % in 2008. Potential GDP growth is estimated to be of the order of 4 ½ % and the output gap to have reached about 3 ½ % of potential GDP, indicating favourable cyclical conditions. 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 6,6 % of GDP in 2009 and, on a no-policy-change assumption, 7,3 % in 2010 against a GDP contraction of 1,4 % in 2009 and GDP growth of 0,8 % in 2010. The deficit will increase in 2009 also according to the Polish authorities which, on 22 June 2009, announced that the general government deficit may significantly exceed the 4,6 % of GDP planned for the current year in the Spring 2009 EDP notification (4). Therefore, the deficit criterion in the Treaty is not fulfilled.
EN Official Journal of the European Union L 260/28

COUNCIL DECISION

of 21 September 2009

appointing one Greek member of the European Economic and Social Committee

(2009/731/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,

Having regard to Decision 2006/651/EC, Euratom (1),

Having regard to the proposal of the Greek Government,

Having regard to the opinion of the Commission,

Whereas a member’s seat on the European Economic and Social Committee has become vacant following the resignation of Mr Konstantinos POUPAKIS,

HAS DECIDED AS FOLLOWS:

Article 1

Mr Fotis AGADAKOS, Deputy Secretary of Finance of the General Worker’s Confederation of Greece, is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2010.

Article 2

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

Done at Brussels, 21 September 2009. For the Council The President T. BILLSTRÖM

(1) OJ L 269, 28.9.2006, p. 13.
EN Official Journal of the European Union L 271/34

COMMISSION DECISION

of 15 October 2009

amending Decision 2003/467/EC as regards the declaration that Scotland is officially free of bovine tuberculosis

(notified under document C(2009) 7790)

(Text with EEA relevance)

(2009/761/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (1), and in particular Annex A(I)(4) thereto,

Whereas:

(1) Directive 64/432/EEC provides that a Member State or part of a Member State may be, as regards bovine herds, declared officially free of bovine tuberculosis subject to compliance with certain conditions set out in that Directive.

(2) The lists of Member States and regions thereof declared free of bovine tuberculosis are set out in Commission Decision 2003/467/EC of 23 June 2003 establishing the official tuberculosis, brucellosis and enzootic-bovine-leukosis-free status of certain Member States and regions of Member States as regards bovine herds (2).

(3) The United Kingdom has submitted to the Commission documentation demonstrating compliance with the appropriate conditions provided for in Directive 64/432/EEC as regards the whole territory of Scotland in order that it may be considered as an officially bovine tuberculosis-free region of the United Kingdom.

(4) Following the evaluation of the documentation submitted by the United Kingdom, the whole territory of Scotland should be declared as an officially bovine tuberculosis-free region of the United Kingdom.

(5) Decision 2003/467/EC should therefore be amended accordingly.

(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

Annex I to Decision 2003/467/EC is amended in accordance with the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 15 October 2009. For the Commission Androulla VASSILIOU Member of the Commission

(1) OJ 121, 29.7.1964, p. 1977/64.

(2) OJ L 156, 25.6.2003, p. 74.
EN Official Journal of the European Union L 283/55

COUNCIL DECISION

of 20 October 2009

authorising the Federal Republic of Germany to continue to apply a measure derogating from Article 168 of Directive 2006/112/EC on the common system of value added tax

(2009/791/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2006/112/EC (1), and in particular Article 395(1) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) By letter registered with the Secretariat-General of the Commission on 19 December 2008, the Federal Republic of Germany (hereinafter Germany) requested authorisation to continue to apply a measure derogating from the provisions of Directive 2006/112/EC governing the right of deduction and previously granted by Decision 2004/817/EC (2) under the then applicable Sixth Council Directive 77/388/EEC on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (3).

(2) In accordance with Article 395(2) of Directive 2006/112/EC, the Commission informed the other Member States of the request made by Germany in a letter dated 3 June 2009. By a letter dated 9 June 2009, the Commission notified Germany that it had all the information that it considered necessary to consider the request.

(3) The derogating measure is intended to exclude VAT borne on goods and services completely from the right of deduction when the goods and services are used more than 90 % for the private purposes of the taxable person, or of his employees, or for non-business purposes in general.

(4) The measure derogates from Article 168 of Directive 2006/112/EC establishing the general principle of the right of deduction and is intended to simplify the procedure for charging VAT. The amount of tax due at the final consumption is only affected to a negligible extent.

(5) The legal and factual situation which justified the current application of the simplification measure in question has not changed and continues to exist. Germany should therefore be authorised to apply the simplification measure during a further period, but limited in time in order to allow an evaluation of the measure.

(6) The derogation will not adversely affect the Communities' own resources accruing from VAT,

HAS ADOPTED THIS DECISION:

Article 1

By way of derogation from Article 168 of Directive 2006/112/EC, Germany is authorised to exclude VAT borne on goods and services from the right to deduct VAT when the goods and services in question are used more than 90 % for the private purposes of a taxable person or of his employees, or, more generally, for non-business purposes.

Article 2

This Decision shall apply from 1 January 2010 until 31 December 2012.

Article 3

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 20 October 2009. For the Council The President A. BORG

(1) OJ L 347, 11.12.2006, p. 1.

(2) OJ L 357, 2.12.2004, p. 33.

(3) OJ L 145, 13.6.1977, p. 1.
EN Official Journal of the European Union L 278/58

COMMISSION DECISION

of 22 October 2009

amending Annex I to Decision 2004/233/EC as regards the entry for Denmark in the list of laboratories authorised to check the effectiveness of vaccination against rabies in certain domestic carnivores

(notified under document C(2009) 7951)

(Text with EEA relevance)

(2009/779/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 2000/258/EC of 20 March 2000 designating a specific institute responsible for establishing the criteria necessary for standardising the serological tests to monitor the effectiveness of rabies vaccines (1), and in particular Article 3 thereof,

Whereas:

(1) Decision 2000/258/EC designates the laboratory of the Agence française de sécurité sanitaire des aliments de Nancy (the AFSSA Laboratory, Nancy), France as the specific institute responsible for establishing the criteria necessary for standardising the serological tests to monitor the effectiveness of rabies vaccines.

(2) Decision 2000/258/EC provides that the AFSSA Laboratory, Nancy, is to send the Commission the list of Community laboratories to be authorised to carry out those serological tests. Accordingly, the AFSSA Laboratory, Nancy, performs the established proficiency testing procedure for appraising laboratories prior to their authorisation to perform the serological tests.

(3) Commission Decision 2004/233/EC of 4 March 2004 authorising laboratories to check the effectiveness of vaccination against rabies in certain domestic carnivores (2) lists the authorised laboratories in the Member States on the basis of the results of the proficiency tests communicated by the AFSSA Laboratory, Nancy. The Danish Institute for Food and Veterinary Research is currently listed in Annex I to that Decision.

(4) Following changes in the administration of that laboratory that have no effect on the performance and on the appraisal and authorisation of that laboratory, Denmark has submitted a request to modify the name and contact information of that laboratory.

(5) Decision 2004/233/EC should therefore be amended accordingly.

(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

In Annex I to Decision 2004/233/EC, the entry for Denmark is replaced by the following:

‘(DK) Denmark Technical University of Denmark National Veterinary Institute Lindholm 4771 Kalvehave DENMARK Tel. +4535886000 Fax +4535887901 E-mail: vet@vet.dtu.dk’

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 22 October 2009. For the Commission Androulla VASSILIOU Member of the Commission

(1) OJ L 79, 30.3.2000, p. 40.

(2) OJ L 71, 10.3.2004, p. 30.