ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 370/80

COUNCIL DECISION

of 7 December 2004

amending Council Decision 2002/883/EC providing further macro-financial assistance to Bosnia and Herzegovina

(2004/861/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,

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

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

Whereas:

(1) Council Decision 2002/883/EC (3) of 5 November providing further macro-financial assistance to Bosnia and Herzegovina includes a loan component of a maximum principal of EUR 20 million and a grant component of a maximum of EUR 40 million.

(2) Due to delays in the implementation of the required policy reforms as agreed between the European Commission and Bosnia and Herzegovina, so far only a first (EUR 15 million) and a second tranche (EUR 20 million) could be released. A third and final tranche of up to EUR 25 million is still outstanding.

(3) Bosnia and Herzegovina is committed to a continued economic stabilisation and reform path. Following the successful completion of the previous IMF Standby Arrangement in February 2004 negotiations were under way on a new IMF-supported programme.

(4) The country continues to require external financial support in addition to what can be provided by international financial institutions.

((5) Decision 2002/883/EC should be amended to permit the commitments and the payments of grant funds and loan disbursements beyond 9 November 2004.

(6) The Treaty does not provide, for the adoption of this decision, powers other than those of Article 308.

(7) After consulting the Economic and Financial Committee,

HAS DECIDED AS FOLLOWS:

Sole Article

The second subparagraph of Article 6 of Decision 2002/883/EC is replaced by the following:

‘It shall apply as from 8 November 2004 and until 30 June 2005’.

Done at Brussels, 7 December 2004. For the Council The President G. ZALM

(1) OJ C 290, 27.11.2004, p. 6.

(2) Opinion delivered on 28 October 2004 (not yet published in the Official Journal)

(3) OJ L 308, 9.11.2002, p. 28.
EN Official Journal of the European Union L 307/4

COUNCIL DECISION

of 8 June 2004

appointing one Austrian member and one Austrian alternate member of the Committee of the Regions

(2004/670/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 Austrian Government,

Whereas:

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

(2) The seat of a member and the seat of an alternate member of the Committee of the Regions have become vacant following the expiry of the mandates of Mr Jörg HAIDER, member, and of Mr Adam UNTERRIEDER, alternate member, of which the Council was notified on 10 May 2004,

HAS DECIDED AS FOLLOWS:

Sole Article

The following are hereby appointed members of the Committee of the Regions:

(a) as a member: M. Jörg HAIDER Landeshauptmann;

(b) as an alternate member: M. Josef MARTINZ to replace Mr Adam UNTERRIEDER;

for the remainder of their term of office, which ends on 25 January 2006.

Done at Luxembourg, 8 June 2004. For the Council The President M. McDOWELL

(1) OJ L 24, 26.1.2002, p. 38.
5.

Article 7 is replaced by the following: ‘Article 7 Control procedures 1. Live fish, their eggs and gametes imported for the purpose of farming, and live fish of aquaculture origin imported for the purposes of restocking of put and take fisheries shall be subject to veterinary checks at the border inspection post in the Member State of arrival according to Article 8 of Directive 91/496/EEC, and the common veterinary entry document provided for in Regulation (EC) No 282/2004 shall be completed accordingly. 2. Live fish of aquaculture origin and products thereof imported for immediate human consumption or for further processing before human consumption, shall be subject to veterinary checks at the border inspection post in the Member State of arrival according to Article 8 of Directive 97/78/EC, and the common veterinary entry document provided for in Regulation (EC) No 136/2004 shall be completed accordingly.’
EN Official Journal of the European Union L 249/26

COMMISSION DECISION

of 21 June 2004

listing the areas of the Czech Republic eligible under Objective 2 of the Structural Funds for the period 2004 to 2006

(notified under document number C(2004) 2134)

(Only the Czech text is authentic)

(2004/559/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (1), and in particular Article 4(4) thereof,

After consulting the Committee on the Development and Conversion of Regions, the Committee on Agricultural Structures and Rural Development and the Committee on Structures for Fisheries and Aquaculture,

Whereas:

(1) Objective 2 of the Structural Funds is to support the economic and social conversion of areas facing structural difficulties.

(2) The Commission and the Member States seek to ensure that assistance is genuinely concentrated on the areas most seriously affected and at the most appropriate geographical level.

(3) The ceiling for eligible population is 370 000 inhabitants, in accordance with Article 4(2) of Regulation (EC) No 1260/1999, laying down the ceiling for the Czech Republic at 31 % of the population of the NUTS II regions not covered by Objective 1.

(4) The Commission, on the basis of proposals from the Member States and in close concertation with the Member State concerned, draws up the list of the areas eligible under Objective 2 with due regard to national priorities,

HAS ADOPTED THIS DECISION:

Article 1

The areas in the Czech Republic eligible under Objective 2 of the Structural Funds from 1 May 2004 to 31 December 2006 are listed in the Annex hereto.

Article 2

This Decision is addressed to the Czech Republic.

Done at Brussels, 21 June 2004. For the Commission Jacques BARROT Member of the Commission

(1) OJ L 161, 26.6.1999, p. 1. Regulation as last amended by the 2003 Act of Accession.
EN Official Journal of the European Union L 298/24

COUNCIL DECISION

of 13 September 2004

appointing a new member of the Commission of the European Communities

(2004/652/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:

HAS DECIDED AS FOLLOWS:

Article 1

Mr Louis MICHEL is hereby appointed a member of the Commission for the period from 13 September 2004 to 31 October 2004.

Article 2

This Decision shall take effect on 13 September 2004.

Article 3

This Decision shall be published in the Official Journal of the European Union.
EN Official Journal of the European Union L 233/15

COUNCIL DECISION 2004/528/CFSP

of 28 June 2004

implementing Common Position 2004/293/CFSP renewing measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Common Position 2004/293/CFSP (1), and, in particular, Article 2 thereof, in conjunction with Article 23(2) of the Treaty on European Union,

Whereas:

(1) By Common Position 2004/293/CFSP the Council adopted measures to prevent the entry into, or transit through, the territories of Member States of individuals who are engaged in activities which help persons at large continue to evade justice for crimes for which the ICTY had indicted them.

(2) Following recommendations from the office of the High Representative for Bosnia and Herzegovina, further individuals should be targeted by those measures,

HAS DECIDED AS FOLLOWS:

Article 1

The list of persons set out in the Annex to Common Position 2004/293/CFSP is hereby replaced by the list set out in the Annex to this Decision.

Article 2

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

Article 3

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

Done at Luxembourg, 28 June 2004. For the Council The President M. CULLEN

(1) OJ L 94, 31.3.2004, p. 65.
EN Official Journal of the European Union L 371/46

COUNCIL DECISION

of 6 December 2004

appointing two Luxembourg members and four Luxembourg alternate members of the Committee of the Regions

(2004/865/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 Luxembourg Government,

Whereas:

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

(2) Two seats as a member of the Committee of the Regions have become vacant following the resignation of Mr Jean ASSELBORN, notified to the Council on 21 September 2004, and Ms Lydia MUTSCH, notified to the Council on 18 October 2004, and four seats as an alternate member of the Committee of the Regions have become vacant following the resignation of Mr Romain SCHNEIDER, Mr Jean-Marie HALSDORF, Mr John LIBER and Mr Lucien LUX, notified to the Council on 18 October 2004,

HAS DECIDED AS FOLLOWS:

Sole Article

The following are hereby appointed to the Committee of the Regions:

(a) as members: — Mr Etienne SCHNEIDER, Councillor of the municipality of Kayl, in place of Ms Lydia MUTSCH — Mr Romain SCHNEIDER, Mayor of the town of Wiltz, in place of Mr Jean ASSELBORN

(b) as alternate members: — Mr Roby BIWER, Mayor of the town of Bettembourg, in place of Mr Lucien LUX — Mr Norbert HAUPERT, Councillor of the municipality of Mondercange, in place of Mr Jean-Marie HALSDORF — Ms Lydia MUTSCH, Mayor of the town of Esch-sur-Alzette, in place of Mr Romain SCHNEIDER — Ms Ferny NICKLAUS-FABER, Councillor of the municipality of Luxembourg, in place of Mr John LIBER

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

Done at Brussels, 6 December 2004. For the Council The President H. HOOGERVORST

(1) OJ L 24, 26.1.2002, p. 38.
EN Official Journal of the European Union L 307/5

COUNCIL DECISION

of 8 June 2004

appointing a German alternate member of the Committee of the Regions

(2004/671/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 German Government,

Whereas:

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

(2) A seat as an alternate member of the Committee of the Regions has become vacant following the resignation of Mr Rolf BÖHME, notified to the Council on 17 November 2003,

HAS DECIDED AS FOLLOWS:

Sole Article

Ms Bärbel DIECKMANN, Oberbürgermeisterin, Bonn, is hereby appointed an alternate member of the Committee of the Regions in place of Mr Rolf BÖHME for the remainder of his term of office, which runs until 25 January 2006.

Done at Luxembourg, 8 June 2004. For the Council The President M. McDOWELL

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

of 23 December 2003

on the continuation in the year 2004 of Community comparative trials and tests on propagating and planting material of Prunus domestica under Council Directive 92/34/EEC started in 2002

(2004/56/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 92/34/EEC of 28 April 1992 on the marketing of fruit plant propagating material and fruit plants, intended for fruit production(1),

Having regard to Commission Decision 2001/896/EC of 12 December 2001 setting out the arrangements for Community comparative trials and tests on propagating and planting material of fruit plants under Council directive 92/34/EEC(2), and in particular Article 2 thereof,

Whereas:

(1) Decision 2001/896/EC sets out the arrangements for the comparative trials and tests to be carried out under Directive 92/34/EEC as regards Prunus domestica from 2002 to 2006.

(2) Tests and trials carried out in 2002 and 2003 should be continued in 2004,

HAS DECIDED AS FOLLOWS:

Sole Article

Community comparative trials and tests which began in 2002 on propagating and planting material of Prunus domestica shall be continued in 2004 in accordance with Decision 2001/896/EC.

Done at Brussels, 23 December 2003.

For the Commission

David Byrne

Member of the Commission

(1) OJ L 157, 10.6.1992, p. 10. Directive as last amended by Directive 2003/61/EC (OJ L 165, 3.7.2003, p. 23).

(2) OJ L 331, 15.12.2001, p. 95.
EN Official Journal of the European Communities L 144/5

COMMISSION DECISION

of 26 April 2004

amending Decision 97/365/EC as regards the inclusion of establishments in Iceland in provisional lists of third-country establishments from which Member States authorise imports of meat products

(notified under document number C(2004) 1520)

(Text with EEA relevance)

(2004/380/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 95/408/EC of 22 June 1995 on the conditions for drawing up, for an interim period, provisional lists of third-country establishments from which Member States are authorised to import certain products of animal origin, fishery products or live bivalve molluscs (1), and in particular Article 2(4) thereof,

Whereas:

(1) Provisional lists of establishments in third countries from which the Member States authorise imports of products prepared from meat of bovine animals, swine, equidae and sheep and goats have been drawn up by Commission Decision 97/365/EC (2).

(2) Iceland has sent list a of establishments producing meat products for which the competent authority certifies that the establishments comply with Community rules.

(3) Those establishments should be included in the lists drawn up by Decision 97/365/EC.

(4) As on-the-spot inspections have not yet been carried out, imports from such establishments are not eligible for reduced physical checks pursuant to Article 10 of Council Directive 97/78/EC (3).

(5) Decision 97/365/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

The Annex to Decision 97/365/EC is amended in accordance with the Annex to this Decision.

Article 2

This Decision shall apply from 7 May 2004.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 26 April 2004. For the Commission David BYRNE Member of the Commission

(1) OJ L 243, 11.10.1995, p. 17. Decision as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(2) OJ L 154, 12.6.1997, p. 41. Decision as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (OJ L 236, 23.9.2003, p. 381).

(3) OJ L 24, 30.1.1998, p. 9.
32004D0459

2004/459/EC:Commission Decision of 29 April 2004 adopting a transitional measure in favour of certain establishments in the milk sector in Hungary (notified under document number C(2004) 1711) (Text with EEA relevance)



Official Journal L 156 , 30/04/2004 P. 0074 - 0077
EN Official Journal of the European Union L 333/12

COUNCIL DECISION,

taken by common accord with the nominee for President of the Commission,

of 5 November 2004

adopting the list of other persons whom the Council intends to appoint as Members of the Commission of the European Communities, repealing and replacing Decision 2004/642/EC, Euratom

(2004/753/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 213(1) and the second subparagraph of Article 214(2) thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 126(1) and the second subparagraph of Article 127(2) thereof,

Whereas:

(1) A new Commission, consisting of one national of each Member State, must be appointed for the period from the date of its appointment to 31 October 2009.

(2) On 29 June 2004 the Council, meeting in the composition of the Heads of State or Government, nominated Mr José Manuel DURÃO BARROSO as the person it intends to appoint as President of the Commission (1).

(3) The European Parliament approved that nomination by its resolution of 22 July 2004.

(4) By Decision 2004/642/EC, Euratom (2), the Council adopted by common accord with the nominee for President of the Commission the list of other persons whom it intends to appoint as Members of the Commission.

(5) By common accord with the nominee for President of the Commission, Decision 2004/642/EC, Euratom should be repealed before the list that it contains is submitted for a vote of approval by the European Parliament, and replaced by the present Decision.

(6) The entry into force of the Treaty establishing a Constitution for Europe will entail the expiry of the term of the Member of the Commission who has the same nationality as the future European Union Minister for Foreign Affairs, who will be a Vice-President of the Commission,

HAS DECIDED AS FOLLOWS:

Article 1

The following are hereby nominated by common accord with Mr José Manuel DURÃO BARROSO, nominee for President of the Commission, as the persons whom the Council intends to appoint as Members of the Commission of the European Communities for the period from the date of appointment of the new Commission to 31 October 2009:

Mr Joaquín ALMUNIA AMANN

Mr Jacques BARROT

Mr Joe BORG

Mr Stavros DIMAS

Ms Benita FERRERO-WALDNER

Mr Ján FIGEĽ

Ms Mariann FISCHER BOEL

Mr Franco FRATTINI

Ms Dalia GRYBAUSKAITĖ

Ms Danuta HÜBNER

Mr Siim KALLAS

Mr László KOVÁCS

Ms Neelie KROES

Mr Markos KYPRIANOU

Mr Peter MANDELSON

Mr Charlie McCREEVY

Mr Louis MICHEL

Mr Andris PIEBALGS

Mr Janez POTOČNIK

Ms Viviane REDING

Mr Olli REHN

Mr Vladimír ŠPIDLA

Mr Günter VERHEUGEN

Ms Margot WALLSTRÖM.

Article 2

Decision 2004/642/EC, Euratom is hereby repealed.

Article 3

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

Done at Brussels, 5 November 2004. For the Council The President B. R. BOT

(1) OJ L 236, 7.7.2004, p. 15.

(2) OJ L 294, 17.9.2004, p. 30.
EN Official Journal of the European Union L 8/12

COUNCIL DECISION

of 22 December 2004

amending Decision 2003/631/EC adopting measures concerning Liberia under Article 96 of the ACP-EC Partnership Agreement in a case of special urgency

(2005/16/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the ACP-EC Partnership Agreement, which entered into force on 1 April 2003, 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 (1), and in particular Article 3 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) Council Decision 2002/274/EC of 25 March 2002 concluding consultations with Liberia under Articles 96 and 97 of the ACP-EC Partnership Agreement (2), provides for the adoption of the appropriate measures within the meaning of Article 96(2)(c) and of Article 97(3) of the ACP-EC Partnership Agreement.

(2) Council Decision 2003/631/EC of 25 August 2003 adopting measures concerning Liberia under Article 96 of the EC-ACP Partnership Agreement in a case of special urgency (3), provides for the adoption of new appropriate measures within the meaning of Article 96(2)(c) and of Article 97(3) of the ACP-EC Partnership Agreement.

(3) The current conditions in Liberia do not yet ensure respect for democratic principles, governance and the rule of law.

(4) It is consequently necessary to extend the validity period of the measures provided for in Decision 2003/631/EC and to continue the intensive political dialogue with the Government of Liberia,

HAS DECIDED AS FOLLOWS:

Article 1

The measures referred to in Article 1 of Decision 2003/631/EC shall expire on 30 June 2006. This date does not preclude any specific expiry date contained in the financial instruments covered by this Decision.

The letter appearing in the Annex to this Decision shall be addressed to the Minister of Foreign Affairs of Liberia.

Article 2

The outcome of the consultations, as set out in the draft letter annexed to Decision 2002/274/EC, shall remain unaffected.

Article 3

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

Article 4

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 317, 15.12.2000, p. 376.

(2) OJ L 96, 13.4.2002, p. 23.

(3) OJ L 220, 3.9.2003, p. 3.
1.

Article 25 shall be replaced by the following: ‘Article 25 Early financing 1. In the case of an EU Military Rapid Response operation, contributions shall be due by contributing Member States at the level of the reference amount. Without prejudice to Article 24(4), payments shall be made as defined below. 2. For the purpose of the early financing of EU Military Rapid Response operations, the participating Member States shall: (a) either pay contributions to Athena in anticipation; (b) or, when the Council decides to conduct an EU Military Rapid Response operation to the financing of which they contribute, pay their contributions to the common costs of that operation within five days following despatch of the call at the level of the reference amount, unless the Council decides otherwise. 3. For the purpose referred to above, the Special Committee, composed of one representative of each of the Member States which have chosen to pay contributions in anticipation (hereafter anticipating Member States), shall establish provisional appropriations in a specific title in the budget. These provisional appropriations shall be covered by contributions payable by the anticipating Member States within 90 days following despatch of the call for these contributions. However, the contributions in anticipation due for the year 2005 shall be paid in two instalments, payable by 30 April and 30 November 2005 respectively. 4. Without prejudice to Article 24(4), the contributions due by an anticipating Member State for an operation, up to the level of the contribution it has paid to the provisional appropriations referred to in paragraph 3 of this Article, shall be payable within 90 days following despatch of the call. A similar amount may be made available to the operation commander from the contributions paid in anticipation. 5. Notwithstanding Article 20, any provisional appropriations referred to under paragraph 3 of this Article which are used for an operation shall be replenished within 90 days following despatch of the call. 6. Without prejudice to paragraph 1, any anticipating Member State may in specific circumstances authorize the administrator to use its contribution paid in anticipation to cover its contribution to an operation in which it participates, other than a Rapid Response operation. The contribution paid in anticipation shall be replenished by the Member State concerned within 90 days following despatch of the call. 7. Notwithstanding Article 31(3), the operation commander may commit and pay the amounts made available to him. 8. Any Member State may reverse its option by notifying the administrator at least three months in advance.’