ddrg/super_eurlex huggingface dataset:
Council Decision

of 26 April 2004

amending Decision 2003/231/EC concerning the accession of the European Community to the Protocol of Amendment to the International Convention on the simplification and harmonisation of customs procedures (Kyoto Convention)

(2004/485/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with Article 300(2), first subparagraph, first sentence thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) Decision 2003/231/EC(1) authorises the Community's accession to the Protocol of Amendment to the Kyoto Convention, with the exception of Appendix III and provides that the deposit of the Community's instrument of accession must take place at the same time as the deposit of instruments of accession by the Member States.

(2) There is a possibility that some Member States may not have completed their national ratification procedures by 30 April 2004.

(3) Some of the States which will be joining the European Union on 1 May 2004 in accordance with the 2003 Accession Treaty, have already deposited with the Secretary-General of the Customs Cooperation Council their instruments of accession to the Protocol of Amendment to the Kyoto Convention, including Appendices I and II.

(4) It is necessary to avoid a legal situation in which some Member States are members of an international convention to which the Community has not yet acceded, although the majority of the Convention's provisions fall within the exclusive competence of the Community.

(5) Decision 2003/231/EC should therefore be amended accordingly,

HAS DECIDED AS FOLLOWS:

Article 1

The second sentence of Article 3(1) of Decision 2003/231/EC shall be replaced by the following:"Such deposit shall take place on 30 April 2004, at the same time as the deposit of instruments of accession by the Member States that have completed their national accession procedures at that date."

Article 2

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

Done at Luxembourg, 26 April 2004.

For the Council

The President

J. Walsh

(1) OJ L 86, 3.4.2003, p. 21.
EN Official Journal of the European Communities L 150/42

COUNCIL DECISION

of 21 April 2004

on the conclusion of an Agreement between the European Community and the United States of America on the Mutual Recognition of Certificates of Conformity for Marine Equipment

(2004/425/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with Article 300, paragraph 2, first subparagraph, first sentence, paragraph 3, first subparagraph, first sentence, and paragraph 4 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) The Agreement between the European Community and the United States of America on the mutual recognition of certificates of conformity for marine equipment ("Agreement") has been signed, on behalf of the Community, on 27 February 2004 subject to its conclusion.

(2) The appropriate internal procedures should be established to ensure the good functioning of the Agreement; it is therefore necessary to delegate to the Commission the power to take certain decisions for its implementation.

(3) The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Community and the United States of America on the mutual recognition of certificates of conformity for marine equipment 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(s) empowered to transmit, on behalf of the Community, the note provided for in Article 21(1) of the Agreement.

Article 3

1. The Commission, assisted by the special committee appointed by the Council, shall represent the Community in the Joint Committee provided for in Article 7 of the Agreement and in any Working Group that may be established according to Article 7(4) of the Agreement. The Commission shall proceed, after consultation with the special committee, to the notifications, exchanges of information and requests for information specified in the Agreement.

2. The position of the Community with regard to decisions to be taken by the Joint Committee shall be determined by the Commission, following consultation of the special committee.

3. A decision relating to terminating the Agreement, according to Article 21(3) thereof, shall be taken by the Council, acting by qualified majority on a proposal from the Commission.
EN Official Journal of the European Union L 316/96

COMMISSION DECISION

of 14 October 2004

on certain protective measures against bluetongue in Spain

(notified under document number C(2004) 4055)

(Text with EEA relevance)

(2004/697/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Communities,

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (1), as last amended by European Parliament and Council Directive 2002/33/EC (2), and in particular Article 10(3) thereof,

Whereas:

(1) On 13 October 2004 the bluetongue surveillance programme set up by Spain revealed an outbreak of the bluetongue virus in the east of the province of Cádiz in southern Spain.

(2) To prevent the disease from spreading, the Spanish authorities have banned the movement of animals of species susceptible to bluetongue and their sperm, ova and embryos from the territory of the Provinces of Cádiz, Seville and Málaga and certain districts of the Provinces of Córdoba, Granada and Huelva.

(3) Bluetongue appears on List A of the International Office of Epizootics (IOE). Its spread would be a grave risk to the Community and could have an international impact on trade.

(4) For the sake of clarity and transparency, Community measures should be adopted to prevent the spread of the disease, particularly with regard to movements of animals of species susceptible to bluetongue and their sperm, ova and embryos from the territory of the regions placed under restriction by the Spanish authorities. Such measures will take account of the measures already adopted by the Spanish authorities.

(5) Pending a meeting of the Standing Committee on the Food Chain and Animal Health and in collaboration with the Member State concerned, the Commission should take provisional protective measures with regard to movements of live animals of susceptible species from the territory of the regions affected,

HAS ADOPTED THIS DECISION:

Article 1

Spain shall ban the movement of live animals of species susceptible to bluetongue and their sperm, ova and embryos from the territory of the districts listed in the Annex to this Decision.

Article 2

Member States shall amend the measures they apply to trade so that they conform to this Decision and shall immediately inform the Commission thereof.

Article 3

This Decision shall be reviewed in the light of developments and investigations and studies carried out by the Spanish authorities.

This Decision shall be reviewed at the meeting of the Standing Committee on the Food Chain and Animal Health scheduled for 19 October 2004.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 14 October 2004. For the Commission David BYRNE Member of the Commission

(1) OJ L 224, 18.8.1990, p. 29.

(2) OJ L 315, 19.11.2002, p. 14.
EN Official Journal of the European Union L 357/30

COUNCIL DECISION

of 19 November 2004

amending the declaration by the European Community on the exercise of competence and voting rights submitted to the General Fisheries Commission for the Mediterranean

(2004/815/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof, in conjunction with the first sentence of Article 300(2) and the first subparagraph of paragraph 3 thereof,

Having regard to the proposal from the Commission, (1)

Having regard to the opinion of the European Parliament, (2)

Whereas:

(1) The European Community is a member of the General Fisheries Commission for the Mediterranean (GFCM); when acceding to this organisation, the Community deposited a single declaration by the Community on the exercise of competence and voting rights (3).

(2) GFCM adopted, at its meeting from 13 to 16 October 1997, amendments to the text of the agreement establishing an autonomous budget.

(3) The Community accepted, by Council Decision of 17 July 2000, the amendment of the Agreement establishing the General Fisheries Commission for the Mediterranean with a view to establishing an autonomous budget for that organisation (4).

(4) The amendments relative to the autonomous budget entered into force on 29 April 2004.

(5) The implementation of an autonomous budget for GFCM implies that the Community will provide a financial contribution to that budget; the volume of this contribution makes it necessary to adapt the declaration of competence and voting rights deposited at the time of the accession of the Community to GFCM,

HAS DECIDED AS FOLLOWS:

Sole Article

1. The European Community shall amend its single declaration of competence and voting rights submitted to the General Fisheries Commission for the Mediterranean when acceding to this organisation, which shall be replaced by the declaration by the European Community on the exercise of competence and voting rights according to Article II(6) of the GFCM Agreement contained in the Annex hereto.

2. The President of the Council is hereby authorised to notify the amended declaration by the European Community to the Director-General of the Food and Agriculture Organisation.

Done at Brussels, 19 November 2004. For the Council The President J. P. H. DONNER

(1) OJ C 15, 20.1.1999, p. 13.

(2) OJ C 150, 28.5.1999, p. 153.

(3) Council Decision 98/416/EC of 16 June 1998 on the accession of the European Community to the General Fisheries Commission for the Mediterranean (OJ L 190, 4.7.1998, p. 34).

(4) OJ L 197, 3.8.2000, p. 35.
EN Official Journal of the European Union C 317/1

COUNCIL DECISION

of 2 December 2004

amending the Council Decision of 27 March 2000 authorising the Director of Europol to enter into negotiations on agreements with third States and non-EU related bodies

(2004/C 317/01)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the Council Act of 3 November 1998 laying down rules governing Europol's external relations with third States and non-European Union 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 Australia be added to the list of third States with whom 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 State shall be added to the alphabetical list: ‘— Australia’.

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 that of its adoption.

Done at Brussels, 2 December 2004. For the Council The President P. H. DONNER

(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. Decision as last amended by Decision of 13 June 2002 (OJ C 150, 22.6.2002, p. 1).
EN Official Journal of the European Union L 381/78

COMMISSION DECISION

of 23 December 2004

on the appointment of members of the Committee of Senior Labour Inspectors for a term of office

(2004/906/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Commission Decision 95/319/EC of 12 July 1995 setting up a Committee of Senior Labour Inspectors (1), and in particular Article 5 thereof,

Having regard to Commission Decision C(2004) 1542 of 27 April 2004 (2),

Having regard to the list of candidates submitted by the 10 new Member States,

Whereas:

(1) Article 5(1) of that Decision provides that the Committee shall consist of two representatives from each Member State.

(2) Article 5(2) of that Decision provides that the members of the Committee shall be nominated by the Commission on a proposal from the Member States.

(3) Article 5(3) of that Decision provides that the term of office of the members of the Committee shall be three years and that their appointment shall be renewable. However, as the current term of office of the members of the Committee expires on 31 December 2006, it is appropriate to appoint the members from the 10 new Member States for a term of office ending on the same date.

(4) Following the accession of 10 new Member States to the European Union on 1 May 2004, and on the basis of proposals received from them in accordance with the said Article 5 of Decision 95/319/EC, the Commission has to appoint the members of the Committee to represent the 10 new Member States for the period from 1 May 2004 to 31 December 2006,

DECIDES:

Sole Article

The persons named in the Annex to the present Decision are appointed as members of the Committee of Senior Labour Inspectors (SLIC) for a period starting on 1 May 2004 and ending on 31 December 2006.

Done at Brussels, 23 December 2004. For the Commission Vladimír ŠPIDLA Member of the Commission

(1) OJ L 188, 9.8.1995, p. 11.

(2) Not yet published.
EN XM Official Journal of the European Union L 325/51

COUNCIL DECISION

of 24 May 2004

appointing new members of the Economic and Social Committee

(2004/735/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 49 thereof,

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 166 thereof,

Having regard to the Act concerning the conditions of accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia and the adjustments to the Treaties on which the European Union is founded, and in particular Articles 14 and 48 thereof,

Having regard to the Council Decision of 17 September 2002 appointing the members of the Economic and Social Committee for the period from 21 September 2002 to 20 September 2006,

Having regard to the proposals made by the governments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia,

After consulting the Commission,

Whereas:

(1) following the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union, the Economic and Social Committee should be enlarged by the appointment of ninety-five members representing the various economic and social components of organised civil society.

(2) the composition of the Committee must take account of the need to ensure adequate representation of the various economic and social components of organised civil society,

HAS DECIDED AS FOLLOWS:

Sole Article

The persons whose names and titles are listed in the Annex are hereby appointed members of the Economic and Social Committee for the period up to 20 September 2006.

Done at Brussels, 24 May 2004 For the Council The President D. AHERN
EN Official Journal of the European Union L 359/54

COUNCIL DECISION

of 29 November 2004

appointing a Spanish alternate member of the Committee of the Regions

(2004/829/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 Spanish Government,

Whereas:

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

(2) A seat as an alternate member of the Committee of the Regions has become vacant following the resignation of Mr Alejandro FONT de MORA y TURÓN, notified to the Council on 26 October 2004,

HAS DECIDED AS FOLLOWS:

Sole Article

Ms Gema AMOR PEREZ, Consejera de Cooperación y Participación — Gobierno de la Comunidad Autónoma de Valencia, is hereby appointed an alternate member of the Committee of the Regions in place of Mr Alejandro FONT de MORA y TURÓN for the remainder of his term of office, which runs until 25 January 2006.

Done at Brussels, 29 November 2004. For the Council The President L. J. BRINKHORST

(1) OJ L 24, 26.1.2002, p. 38.
EN Official Journal of the European Union L 239/35

POLITICAL AND SECURITY COMMITTEE DECISION THEMIS/1/2004

of 30 June 2004

concerning the appointment of the Head of Mission of the EU Rule of Law Mission in Georgia, in the context of ESDP, EUJUST THEMIS

(2004/540/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union and in particular Article 25(3) thereof,

Having regard to Council Joint Action 2004/523/CFSP of 28 June 2004 on the European Union Rule of Law Mission in Georgia, EUJUST THEMIS (1), and in particular Article 9(1) thereof,

Whereas:

(1) Article 9(1) of Joint Action 2004/523/CFSP provides that the Council authorises the Political and Security Committee to take the relevant decisions in accordance with Article 25 of the TEU, including the powers to appoint, upon a proposal by the Secretary-General/High Representative, a Head of Mission.

(2) The Secretary-General/High Representative has proposed the appointment of Ms Sylvie PANTZ,

HAS DECIDED AS FOLLOWS:

Article 1

Ms Sylvie PANTZ is hereby appointed Head of Mission of the EU Rule of Law Mission in Georgia, in the context of ESDP, EUJUST THEMIS.

Article 2

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

It shall apply until 14 July 2005.

Done at Brussels, 30 June 2004. For the Political and Security Committee The President D. KELLEHER

(1) OJ L 228, 29.6.2004, p. 21.
EN Official Journal of the European Union L 342/29

COMMISSION DECISION

of 18 November 2004

granting Slovakia the derogation provided for in Article 3(2) of Council Directive 92/102/EEC on the identification and registration of animals

(notified under document number C(2004) 4382)

(Only the Slovak text is authentic)

(Text with EEA relevance)

(2004/775/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 92/102/EEC of 27 November 1992 on the identification and registration of animals (1), and in particular Article 3(2) thereof,

Whereas:

(1) Article 3(2) of Directive 92/102/EEC provides for the possibility to authorise Member States to exclude from the list of holdings required by Article 3(1) those holdings with no more than three sheep or goats for which no premium are sought, or one pig, provided that the animals are intended for use or consumption by the owner, and that they are subject to the controls required by the Directive before any movement.

(2) The Slovak authorities have requested this authorisation until the end of June 2005 and have given the appropriate assurances in respect of veterinary controls.

(3) Therefore Slovakia should be authorised to apply the derogation until 30 June 2005.

(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

Slovakia is authorised to apply the derogation provided for in Article 3(2) of Directive 92/102/EEC.

Article 2

This Decision is applicable until 30 June 2005 and is addressed to the Slovak Republic.

Done at Brussels, 18 November 2004. For the Commission David BYRNE Member of the Commission

(1) OJ L 355, 5.12.1992, p. 32. Directive as last amended by Regulation (EC) No 21/2004 (OJ L 5, 9.1.2004, p. 8).
EN XM XM XM Official Journal of the European Union L 325/41

COUNCIL DECISION

of 11 May 2004

appointing the members and alternate members of the Committee of the Regions

(2004/734/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 49 thereof,

Having regard to the Act concerning the conditions of accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia and the adjustments to the Treaties on which the European Union is founded, and in particular Articles 15 and 49 thereof,

Having regard to the Council Decision of 22 January 2002 appointing the members and alternate members of the Committee of the Regions (1),

Having regard to the proposals made by the governments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia,

Whereas:

(1) Following the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union, the Committee of the Regions should be enlarged by the appointment of ninety-five members and ninety-five alternate members representing regional and local bodies in the new Member States.

(2) The Committee must consist of representatives of regional and local bodies,

HAS DECIDED AS FOLLOWS:

Sole Article

The following are hereby appointed to the Committee of the Regions for the period up to 25 January 2006 inclusive:

— as members, the persons listed by Member State concerned in Annex I to this Decision;

— as alternate members, the persons listed by Member State concerned in Annex II to this Decision.

Done at Brussels, 11 May 2004. For the Council The President C. McCREEVY

(1) OJ L 24, 26.1.2002, p. 38.
EN Official Journal of the European Union L 328/99

COUNCIL DECISION

of 12 July 2004

appointing a Spanish alternate member of the Committee of the Regions

(2004/744/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 Spanish Government,

Whereas:

(1) On 22 January 2002 the Council adopted Decision 2002/60/EC appointing the members and alternate members of the Committee of the Regions for the period 26 January 2002 to 25 January 2006 (1).

(2) A seat as an alternate member of the Committee of the Regions has become vacant following the resignation of Mr Joaquin RIVAS RUBIALES, notified to the Council on 24 June 2004,

HAS DECIDED AS FOLLOWS:

Sole Article

Mr D. Pedro MOYA MILANES, Secretario General de Acción Exterior, Consejería de Presidencia, Gobierno de la Comunidad Autónoma de Andalucía, is hereby appointed an alternate member of the Committee of the Regions in place of Mr Joaquin RIVAS RUBIALES for the remainder of his term of office, which runs until 25 January 2006.

Done at Brussels, 12 July 2004. For the Council The President B. R. BOT

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