ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 205/89

COMMISSION IMPLEMENTING DECISION (EU) 2017/1438

of 4 August 2017

amending Decision 2007/131/EC on allowing the use of the radio spectrum for equipment using ultra-wideband technology in a harmonised manner in the Community

(notified under document C(2017) 5456)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) (1), and in particular Article 4(3) thereof,

Whereas:

(1) Commission Decision 2007/131/EC (2) harmonises the technical conditions for radio equipment using ultra-wideband (‘UWB’) technology in the Union. It ensures that the radio spectrum is available across the Union under harmonised conditions, eliminates barriers to the uptake of UWB technology and creates an effective single market for UWB systems with significant economies of scale and benefits to the consumer.

(2) Pursuant to Decision No 676/2002/EC, the Commission issued a permanent mandate to the European Conference of Postal and Telecommunications Administrations (‘CEPT’) on short-range devices, to update the Annex to Commission Decision 2006/771/EC (3) in response to technological and market developments in the area of short-range devices. On 2 July 2014, in its sixth guidance letter (4) in the context of this mandate, the Commission called on CEPT to also review other existing Decisions pertaining to short-range devices such as Decision 2007/131/EC for UWB-technology based short-range devices.

(3) CEPT concluded that as regards UWB-technology based short-range devices some references to harmonised standards in Decision 2007/131/EC needed to be updated.

(4) Decision 2007/131/EC should therefore be amended.

(5) The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee,

HAS ADOPTED THIS DECISION:

Article 1

In Article 2 of Decision 2007/131/EC, point 11 is replaced by the following:

‘11. “total power spectral density” means the average of the mean power spectral density values measured over a sphere around the measurement scenario with a resolution of at least 15 degree. The detailed measuring setup is contained within ETSI EN 302 065-4;’.

The Annex is amended in accordance with the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 4 August 2017. For the Commission Mariya GABRIEL Member of the Commission

(1) OJ L 108, 24.4.2002, p. 1.

(2) Commission Decision 2007/131/EC of 21 February 2007 on allowing the use of the radio spectrum for equipment using ultra-wideband technology in a harmonised manner in the Community (OJ L 55, 23.2.2007, p. 33).

(3) Commission Decision 2006/771/EC of 9 November 2006 on harmonisation of the radio spectrum for use by short-range devices (OJ L 312, 11.11.2006, p. 66).

(4) RSCOM 13-78rev2.
EN Official Journal of the European Union L 262/5

COUNCIL DECISION (EU) 2017/1843

of 9 October 2017

appointing a member and three alternate members, proposed by the Republic of Finland, of the Committee of the Regions

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 Finnish Government,

Whereas:

(1) On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

(2) A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Ilpo HAALISTO.

(3) Three alternate members' seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Veikko KUMPUMÄKI, Ms Hannele LUUKKAINEN and Mr Antero SAKSALA,

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 2020:

(a) as a member: — Mr Ilpo HELTIMOINEN, Lappeenrannan kaupunginvaltuuston jäsen,

(b) as alternate members: — Ms Terhi KOULUMIES, Helsingin kaupunginvaltuuston jäsen, — Mr Jari ANDERSSON, Sastamalan kaupunginvaltuuston jäsen, — Mr Mikko AALTONEN, Tampereen kaupunginvaltuuston jäsen.

Article 2

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

Done at Luxembourg, 9 October 2017. For the Council The President S. KIISLER

(1) Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

(2) Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

(3) Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).
EN Official Journal of the European Union L 295/59

COUNCIL DECISION (CFSP) 2017/2073

of 13 November 2017

amending Common Position 2001/931/CFSP on the application of specific measures to combat terrorism

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1) On 27 December 2001, the Council adopted Common Position 2001/931/CFSP (1).

(2) The Council has determined that there are no longer grounds for keeping one entity on the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP. The restrictive measures applying to that entity were suspended by Council Decision (CFSP) 2016/1711 (2).

(3) Common Position 2001/931/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

In Article 5 of Common Position 2001/931/CFSP, the second paragraph is deleted.

Article 2

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

Done at Brussels, 13 November 2017. For the Council The President F. MOGHERINI

(1) Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (OJ L 344, 28.12.2001, p. 93).

(2) Council Decision (CFSP) 2016/1711 of 27 September 2016 amending Common Position 2001/931/CFSP on the application of specific measures to combat terrorism (OJ L 259I, 27.9.2016, p. 3).
EN Official Journal of the European Union L 318/35

COMMISSION IMPLEMENTING DECISION (EU, Euratom) 2017/2223

of 30 November 2017

amending Decision 90/177/Euratom, EEC authorising Belgium not to take into account certain categories of transactions and to use certain approximate estimates for the calculation of the VAT own resources base

(notified under document C(2017) 7860)

(Only the Dutch and French texts are authentic)

THE EUROPEAN COMMISSION,

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

Having regard to the Treaty establishing the European Atomic Energy Community,

Having regard to Council Regulation (EEC, Euratom) No 1553/89 of 29 May 1989 on the definitive uniform arrangements for the collection of own resources accruing from value added tax (1), and in particular the second indent of Article 6(3) thereof,

After consulting the Advisory Committee on Own Resources,

Whereas:

(1) Under Article 371 of Council Directive 2006/112/EC (2), Belgium may, in accordance with the conditions applying in that Member State on 1 January 1978, continue to exempt the transactions listed in Part B of Annex X to that Directive. In accordance with that Article those transactions are to be taken into account for the determination of the value added tax (VAT) own resources base.

(2) By Commission Decision 90/177/Euratom, EEC (3), Belgium was authorised to use approximate estimates for transactions referred to in points 11 and 12 of Part B of Annex X to Directive 2006/112/EC regarding aircraft and warships.

(3) The authorisations granted to Belgium for transactions referred to in points 11 and 12 of Part B of Annex X to Directive 2006/112/EC are not limited in time. For reasons of transparency and legal certainty it is appropriate to limit the applicability of those authorisations in time.

(4) Decision 90/177/Euratom, EEC should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

In Article 2 of Decision 90/177/Euratom, EEC, points 5 and 6 are replaced by the following:

‘5. Until 31 December 2020, the supply, modification, repair, maintenance, chartering and hiring of aircraft used by State institutions, including equipment incorporated or used in such aircraft (point 11 of Part B of Annex X to Council Directive 2006/112/EC (*1)); 6. Until 31 December 2020, the supply, modification, repair, maintenance, chartering and hiring of fighting ships (point 12 of Part B of Annex X, to Directive 2006/112/EC).

Article 2

This Decision is addressed to the Kingdom of Belgium.

Done at Brussels, 30 November 2017. For the Commission Günther OETTINGER Member of the Commission

(1) OJ L 155, 7.6.1989, p. 9.

(2) Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1).

(3) Commission Decision 90/177/Euratom, EEC of 23 March 1990 authorizing Belgium not to take into account certain categories of transactions and to use certain approximate estimates for the calculation of the VAT own resources base (OJ L 99, 19.4.1990, p. 24).
EN Official Journal of the European Union L 344/20

POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2017/2432

of 13 December 2017

on the appointment of the EU Force Commander for the European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED operation SOPHIA) and repealing Decision (CFSP) 2017/1534 (EUNAVFOR MED/3/2017)

THE POLITICAL AND SECURITY COMMITTEE,

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

Having regard to Council Decision (CFSP) 2015/778 of 18 May 2015 on a European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED operation SOPHIA) (1), and in particular Article 6 thereof,

Whereas:

(1) Pursuant to Article 6(1) of Decision (CFSP) 2015/778, the Council authorised the Political and Security Committee (PSC) to take decisions on the appointment of the EU Force Commander for EUNAVFOR MED operation SOPHIA (‘EU Force Commander’).

(2) On 31 August 2017, the PSC adopted Decision (CFSP) 2017/1534 (2) appointing Rear Admiral (LH) Javier MORENO SUSANNA as EU Force Commander.

(3) The EU Operation Commander has recommended the appointment of Rear Admiral (LH) Alberto MAFFEIS to succeed Rear Admiral (LH) Javier MORENO SUSANNA as the new EU Force Commander as from 14 December 2017.

(4) On 6 December 2017, the EU Military Committee supported that recommendation.

(5) A decision on the appointment of Rear Admiral (LH) Alberto MAFFEIS should be taken and Decision (CFSP) 2017/1534 should therefore be repealed.

(6) In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications,

HAS ADOPTED THIS DECISION:

Article 1

Rear Admiral (LH) Alberto MAFFEIS is hereby appointed as EU Force Commander for the European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED operation SOPHIA) as from 14 December 2017.

Article 2

Decision (CFSP) 2017/1534 is hereby repealed.

Article 3

This Decision shall enter into force on 14 December 2017.

Done at Brussels, 13 December 2017. For the Political and Security Committee The Chairperson W. STEVENS

(1) OJ L 122, 19.5.2015, p. 31.

(2) Political and Security Committee Decision (CFSP) 2017/1534 of 31 August 2017 on the appointment of the EU Force Commander for the European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED operation SOPHIA) and repealing Decision (CFSP) 2017/681 (EUNAVFOR MED/2/2017) (OJ L 233, 9.9.2017, p. 4).
EN Official Journal of the European Union L 59/39

COMMISSION DECISION (EU) 2017/388

of 6 March 2017

confirming the participation of the United Kingdom of Great Britain and Northern Ireland in Regulation (EU) 2016/794 of the European Parliament and of the Council on the European Union Agency for Law Enforcement Cooperation (Europol)

THE EUROPEAN COMMISSION,

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

Having regard to Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, and in particular Article 4 thereof,

Whereas:

(1) By letter to the President of the Council of 16 December 2016, the United Kingdom notified its wish to accept Regulation (EU) 2016/794 of the European Parliament and of the Council (1).

(2) The United Kingdom already participates in Europol as established by Council Decision 2009/371/JHA (2). There are no specific conditions attached to the participation of the United Kingdom in Regulation (EU) 2016/794 and no need for transitional measures.

(3) The participation of the United Kingdom in Regulation (EU) 2016/794 should therefore be confirmed.

(4) In order to allow the United Kingdom to continue participating in Europol as from 1 May 2017 when Regulation (EU) 2016/794 starts to apply, this Decision should enter into force on the day following that of its publication,

HAS ADOPTED THIS DECISION:

Article 1

The participation of the United Kingdom of Great Britain and Northern Ireland in Regulation (EU) 2016/794 is confirmed.

Article 2

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

Done at Brussels, 6 March 2017. For the Commission The President Jean-Claude JUNCKER

(1) Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).

(2) Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (OJ L 121, 15.5.2009, p. 37).
EN Official Journal of the European Union L 128/23

COUNCIL DECISION (EU) 2017/860

of 11 May 2017

on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms (Budget Line 33.02.03.01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 in conjunction with Article 218(9) thereof,

Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Agreement on the European Economic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994.

(2) Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Protocol 31 to the EEA Agreement.

(3) Protocol 31 to the EEA Agreement contains provisions on cooperation in specific fields outside the four freedoms.

(4) It is appropriate to continue the cooperation of the Contracting Parties to the EEA Agreement in Union actions funded from the general budget of the European Union regarding company law.

(5) Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2017.

(6) The position of the Union within the EEA Joint Committee should be based on the attached draft decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted, on behalf of the Union, within the EEA Joint Committee on the proposed amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms, shall be based on the draft decision of the EEA Joint Committee attached to this Decision.

Article 2

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

Done at Brussels, 11 May 2017. For the Council The President R. GALDES

(1) OJ L 305, 30.11.1994, p. 6.

(2) OJ L 1, 3.1.1994, p. 3.
EN Official Journal of the European Union L 121/47

COMMISSION IMPLEMENTING DECISION (EU) 2017/811

of 10 May 2017

approving the amended plan submitted by Belgium for the approval of establishments for the purposes of intra-Union trade in poultry and hatching eggs pursuant to Council Directive 2009/158/EC

(notified under document C(2017) 2947)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (1), and in particular Article 3(2)(b) thereof,

Whereas:

(1) Article 3(1) of Directive 2009/158/EC provides that Member States are to submit to the Commission a plan describing the national measures which they intend to implement to ensure compliance with the rules laid down in Annex II to that Directive for the approval of establishments for the purposes of intra-Union trade in poultry and hatching eggs.

(2) The Belgian plan was last approved by Commission Decision 2004/835/EC (2).

(3) The Belgian authorities have on 24 October 2016 submitted an amended plan and requested the approval of the amendments that take account of progress in methods for diagnosing diseases subject to the disease surveillance programmes laid down in Chapter III of Annex II to Directive 2009/158/EC.

(4) That amended plan was examined by the Commission and it meets the criteria laid down in Directive 2009/158/EC and permits the objectives of that Directive to be attained, subject to its effective implementation and regular update by Belgium. It should therefore be approved.

(5) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS DECISION:

Article 1

The amended plan describing the national measures to be implemented to ensure compliance with the rules set out in Annex II to Directive 2009/158/EC for the approval of establishments for the purposes of intra-Union trade in poultry and hatching eggs provided for in Article 3(1) of that Directive, submitted by Belgium to the Commission on 24 October 2016, is approved.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 10 May 2017. For the Commission Vytenis ANDRIUKAITIS Member of the Commission

(1) OJ L 343, 22.12.2009, p. 74.

(2) Commission Decision 2004/835/EC of 3 December 2004 approving plans for the approval of establishments for the purposes of intra-Community trade in poultry and hatching eggs (OJ L 360, 7.12.2004, p. 28).
EN Official Journal of the European Union L 184/69

COMMISSION IMPLEMENTING DECISION (EU) 2017/1282

of 14 July 2017

not approving 2-methyl-1,2-benzisothiazol-3(2H)-one as an active substance for use in biocidal products of product-type 13

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (1), and in particular Article 90(2) thereof,

Whereas:

(1) Poland received on 26 November 2009 an application, in accordance with Article 11(1) of Directive 98/8/EC of the European Parliament and of the Council (2), for the inclusion of the active substance 2-methyl-1,2-benzisothiazol-3(2H)-one (EC No: n.a., CAS No 2527-66-4) in Annex I to that Directive for use in products of product-type 13, metalworking-fluid preservatives, as described in Annex V to that Directive, which corresponds to product-type 13 as described in Annex V to Regulation (EU) No 528/2012.

(2) Poland submitted the assessment report together with its recommendations on 24 March 2016 in accordance with Article 90(2) of Regulation (EU) No 528/2012.

(3) The opinion of the European Chemicals Agency was formulated on 16 December 2016 by the Biocidal Products Committee, having regard to the conclusions of the evaluating competent authority.

(4) According to that opinion, biocidal products used for product-type 13 and containing 2-methyl-1,2-benzisothiazol-3(2H)-one may not be expected to satisfy the requirements laid down in Article 19(1)(b) of Regulation (EU) No 528/2012. For that product-type, the scenarios evaluated in the environmental risk assessment identified unacceptable risks.

(5) It is therefore not appropriate to approve 2-methyl-1,2-benzisothiazol-3(2H)-one for use in biocidal products of product-type 13.

(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

2-methyl-1,2-benzisothiazol-3(2H)-one (EC No: n.a., CAS No 2527-66-4) is not approved as an active substance for use in biocidal products of product-type 13.

Article 2

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

Done at Brussels, 14 July 2017. For the Commission The President Jean-Claude JUNCKER

(1) OJ L 167, 27.6.2012, p. 1.

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