ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 134/47

COMMISSION DECISION

of 23 May 2005

definitively allocating between the Member States for 2005 Community Tobacco Fund resources for financing the measures indicated in Articles 13 and 14 of Regulation (EC) No 2182/2002

(notified under document number C(2005) 1513)

(Only the Dutch, French, German, Greek, Italian, Portuguese and Spanish versions are authentic)

(Text with EEA relevance)

(2005/397/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2075/92 of 30 June 1992 on the common organisation of the market in raw tobacco (1) and in particular Article 14a thereof,

Whereas:

(1) Articles 13 and 14 of Commission Regulation (EC) No 2182/2002 of 6 December 2002 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 with regard to the Community Tobacco Fund (2) specify measures to promote switching of production. These are to be financed from the Community Tobacco Fund set up under Article 13 of Regulation (EEC) No 2075/92.

(2) Total resources available from the Community Tobacco Fund for 2005 amount to EUR 28,8 million, 50 % of which is to be allocated to specific measures relating to switching by tobacco growers to other crops or other economic activities generating employment, and to studies on these topics.

(3) Under Article 17(4) of Regulation (EC) No 2182/2002, the amount available for 2005 should therefore be allocated between the Member States before 31 May 2005 on the basis of the provisional plans notified by them for funding the measures in the applications for aid.

(4) The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Tobacco,

HAS ADOPTED THIS DECISION:

Article 1

The definitive allocation for 2005 between the Member States of the Community Tobacco Fund resources for financing the measures indicated in Articles 13 and 14 of Regulation (EC) No 2182/2002 is annexed hereto.

Article 2

This Decision is addressed to the Kingdom of Belgium, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Austria and the Portuguese Republic.

Done at Brussels, 23 May 2005. For the Commission Mariann FISCHER BOEL Member of the Commission

(1) OJ L 215, 30.7.1992, p. 70. Regulation last amended by Regulation (EC) No 2319/2003 (OJ L 345, 31.12.2003, p. 17).

(2) OJ L 331, 7.12.2002, p. 16. Regulation amended by Regulation (EC) No 480/2004 (OJ L 78, 16.3.2004, p. 8).
EN Official Journal of the European Union C 178/1

COUNCIL DECISION

of 12 July 2005

appointing members of the Advisory Committee of the Euratom Supply Agency

(2005/C 178/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second and third subparagraphs of Article 54 thereof,

Having regard to Article X of the Statutes of the Euratom Supply Agency (1),

Having regard to the Council Decisions of 22 September 2003 and 13 December 2004 appointing the members of the Advisory Committee of the Euratom Supply Agency (2),

Having regard to the opinion of the Commission,

Whereas:

(1) The term of office of the members of the Advisory Committee of the Euratom Supply Agency expired on 28 March 2005.

(2) The members of the Committee for the period from 29 March 2005 to 28 March 2007 should be appointed, having regard to the nominations submitted by the Governments of the Member States,

HAS DECIDED AS FOLLOWS:

Sole Article

The following persons are hereby appointed members of the Advisory Committee of the Euratom Supply Agency:

Belgium (3 places) Mr Théo VAN RENTERGEM Mr Gérard PAULUS Mr Willy DE ROOVERE Czech Republic (3 places) Mr Miroslav ŠEDINA Mr Zdeněk HUBÁČEK Mr Vladimír HLAVINKA Denmark (2 places) (3) Mr Mads LUNDE Germany (6 places) Mr Walter SANDTNER Mr Thomas LEHLE Mr Joachim OHNEMUS Mr Kurt SCHREIBER Mr Klaus TÄGDER Mr Gerhard HOTTENROTT Estonia (1 place) Ms Merle LUST Greece (3 places) Mr Theodore MATIKAS Mr Ioannis G. KOLLAS Mr Nicolas KATSAROS Spain (5 places) Mr Rafael MARQUEZ OSORIO Mr José Manuel REDONDO Mr Eduardo GONZALEZ Mr Germán GARCIA-CALDERON Mr Luis A. RICO URIOS France (6 places) Mr Thierry ARNOLD Mr Louis-François DURRET Ms Marie-Claire GUYADER Ms Caroline JORANT Ms Jeanne MARCUCCI Mr Jean-Luc SALANAVE Ireland (1 place) Mr Thomas Patrick SHERIDAN Italy (6 places) Mr Paolo VENDITTI Mr Raffaele DI SAPIA Mr Giancarlo BOLOGNINI Mr Angelo PAPA Mr Roberto RANIERI Mr Giuseppe SEDDA Cyprus (1 place) Mr Panicos DEMETRIADES Latvia (1 place) Mr Andrejs SALMIŅŠ Lithuania (1 place) Mr Donaldas JASULAITIS Hungary (3 places) Mr Attila NAGY Mr Ákos PETŐ Ms Ágnes SZÉL Netherlands (3 places) Mr Jan WIEMAN Mr Klaas JOSEPH Ms Marlies HOEDEMAKERS Austria (2 places) (3) Mr Johann-Klaus HOHENBERG Poland (5 places) Mr Stefan CHWASZCZEWSKI Ms Katarzyna HINCZ Mr Jacek Tadeusz KANIEWSKI Mr Grzegorz KRZYSZTOSZEK Mr Wladyslaw SIKORA Portugal (3 places) (3) Mr António RAMALHO Mr Luís José RODRIGUES DA COSTA Slovenia (1 place) Mr Ivo NOVAK Slovakia (2 places) Mr Michal DURANKO Mr Eduard ĎURČEK Finland (2 places) Mr Ilkka MIKKOLA Mr Riku Eino Juhani HUTTUNEN Sweden (3 places) Mr Sven NORDLÖF Mr Ali ETEMAD Mr Sven-Olov ERICSON United Kingdom (6 places) (3) Mr Mark ELLIOTT Mr John LUKE Mr Simon MILLS Ms Dorothy SEED Mr Mike TRAVIS

(1) OJ 27, 6.12.1958, p. 534/58. Statutes last amended by Decision 95/1/EC/Euratom/ECSC (OJ L 1, 1.1.1995, p. 1).

(2) OJ C 232, 27.9.2003, p. 1. OJ C 98, 22.4.2005, p. 1.

(3) One place remains vacant at this stage.
EN Official Journal of the European Union L 193/31

COUNCIL DECISION

of 12 July 2005

amending Decision 2001/264/EC adopting the Council’s security regulations

(2005/571/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community and in particular Article 207(3) thereof,

Having regard to Council Decision 2004/338/EC, Euratom of 22 March 2004 adopting the Council’s Rules of Procedure (1), and in particular Article 24 thereof,

Whereas:

(1) Appendix 2 to the Security Regulations of the Council of the European Union annexed to Decision 2001/264/EC (2) contains a table of comparison of security classifications. This table was modified by Council Decision 2004/194/EC of 10 February 2004 amending Decision 2001/264/EC (3).

(2) France and the Netherlands have notified the General Secretariat of the Council of changes concerning their respective security gradings.

(3) It is therefore necessary to amend Council Decision 2001/264/EC accordingly,

HAS DECIDED AS FOLLOWS:

Article 1

In Decision 2001/264/EC, Appendix 1 and Appendix 2 shall be replaced by the text appearing in the Annex to this Decision.

Article 2

This Decision shall take effect on the day of its publication in the Official Journal of the European Union.

Done at Brussels, 12 July 2005. For the Council The President G. BROWN

(1) OJ L 106, 15.4.2004, p. 22. Decision as amended by Decision 2004/701/EC, Euratom (OJ L 319, 20.10.2004, p. 15).

(2) OJ L 101, 11.4.2001, p. 1.

(3) OJ L 63, 28.2.2004, p. 48.
EN Official Journal of the European Union L 256/55

COUNCIL DECISION

of 20 September 2005

appointing two members and an alternate member of the Committee of the Regions

(2005/678/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 Estonian 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 from 26 January 2002 to 25 January 2006 (1).

(2) Two seats as members of the Committee of the Regions have become vacant following the resignations of Mr Andrus ANSIP and Mr Edgar SAVISAAR and one seat as an alternate member of the Committee of the Regions has become vacant following the nomination of Mr Väino HALLIKMÄGI as a member,

HAS DECIDED AS FOLLOWS:

Article 1

The following are hereby appointed to the Committee of the Regions for the remainder of their term of office, namely until 25 January 2006:

(a) as members: Mr Väino HALLIKMÄGI Member of the Council of Pärnu in place of Mr Andrus ANSIP Mr Tõnis PALTS Mayor of Tallinn in place of Mr Edgar SAVISAAR

(b) as alternate member: Ms Laine JÄNES Mayor of Tartu in place of Mr Väino HALLIKMÄGI

Article 2

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

It shall take effect on the day of its adoption.

Done at Brussels, 20 September 2005. For the Council The President M. BECKETT

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

The Commission considers that the commitments offered following the preliminary assessment and the observations submitted by interested third parties are sufficient to address the identified competition concerns in channels, where the Parties reach defined market share thresholds. In particular, the Parties will refrain from concluding exclusivity agreements save in specific circumstances and from granting growth and target rebates. In the preliminary assessment these practices were considered to make it more difficult for third parties to compete on the merits. By providing that requirements concerning assortment and shelf-space must be defined separately for certain categories of brands, the commitments address the concern identified in the preliminary assessment that strong brands could be leveraged in favour of weaker brands. In regard to financing and technical equipment, the commitments reduce contract duration, give customers the option of repayment and termination without penalties and free up a certain share of cooler space, thus addressing the concerns that the pre-existing arrangements would unduly bind customers and lead to outlet exclusivity.
(6)

According to the June 2005 update of the Portuguese stability programme, the planned general government deficit is 6,2 % of GDP for 2005. The deficit is in excess of the 3 % of GDP reference value and not close to it. The excess of the deficit over the reference value does not result from an unusual event outside the control of the Portuguese authorities, nor is it the result of a severe economic downturn. While the rate of GDP growth has declined sharply since 2000, the economy returned to positive economic growth in 2004 and, according to the Commission services Spring 2005 forecasts and the June 2005 updated stability programme, it is expected to remain on a gradual, even if moderate, upward trend for the years to come. Moreover, although the negative output gap is sizeable and not expected to narrow significantly in the coming years, the deterioration of the government balance is out of proportion with the recent widening of the output gap. Therefore, the excess over the reference value cannot be considered as resulting from a severe economic downturn. According to Commission services Spring 2005 forecast, the government deficit ratio is projected to exceed its Treaty reference value by a large margin also in 2006, when the recovery of the economy is expected to gradually take hold. In fact, the June 2005 update of the Portuguese stability programme foresees the government deficit to narrow over the coming years, but to exceed the reference value until 2007.
3.

in the table the following rows are added: Test method Class Classification criteria ‘ENV 1187:2002 test 4 BROOF (t4) All of the following conditions must be satisfied: — No penetration of roof system within 1 hour — In the preliminary test, after withdrawal of test flame, specimens burn for < 5 minutes — In the preliminary test, flame spread < 0.38 m across the region of burning CROOF (t4) All of the following conditions must be satisfied: — No penetration of roof system within 30 minutes — In the preliminary test, after withdrawal of test flame, specimens burn for < 5 minutes — In the preliminary test, flame spread < 0.38 m across the region of burning DROOF (t4) All of the following conditions must be satisfied: — Roof system is penetrated within 30 minutes but is not penetrated in the preliminary flame test — In the preliminary test, after withdrawal of test flame, specimens burn for < 5 minutes — In the preliminary test, flame spread < 0.38 m across the region of burning EROOF (t4) All of the following conditions must be satisfied: — Roof system is penetrated within 30 minutes but is not penetrated in the preliminary flame test — Flame spread is not controlled FROOF (t4) No performance determined * Attention shall be drawn to dripping from the underside of the specimen, any mechanical failure and any development of holes by adding a suffix “x” to the designation to denote that one or more of these took place during the test. In addition, depending upon inclination of the product during the test, the letters EXT.F will be added to indicate “flat or horizontal” and EXT.S will be added to indicate “inclined”.’
EN Official Journal of the European Union L 319/9

COMMISSION DECISION

of 6 December 2005

recognising Bulgaria as being free from Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieckerman and Kotthoff) Davis et al.

(notified under document number C(2005) 4722)

(2005/870/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular Annex III, Part A, point 12 thereof,

Having regard to the request made by Bulgaria,

Whereas:

(1) Under the provisions of Annex III, Part A, point 12 of Directive 2000/29/EC tubers of species of Solanum L. and their hybrids, other than seed potatoes and certain other potatoes specified in Annex III, Part A, points 10 and 11, originating in certain European third countries other than those recognised as being free from Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieckerman and Kotthoff) Davis et al. (hereinafter called the organism), or, in which provisions are recognised as equivalent to the Community provisions on combating the organism, may not be introduced into the Member States.

(2) It appears from official information supplied by Bulgaria and from information collected during missions carried out in this country in March 2004 and March 2005 by the Food and Veterinary Office, that the organism does not occur in that country and that Bulgaria has applied a control, inspection and testing procedure for the organism on imports of potatoes and domestic seed and ware potato production.

(3) It can therefore be established that there is no risk of the organism spreading.

(4) This Decision is without prejudice to any subsequent findings that may show that the organism is present in Bulgaria.

(5) The Commission will ensure that Bulgaria makes all technical information available that is necessary to continue to assess the aforementioned situation.

(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,

HAS ADOPTED THIS DECISION:

Article 1

It is hereby recognised that Bulgaria is recognised as being free from Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieckerman and Kotthoff) Davis et al.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 6 December 2005. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2005/77/EC (OJ L 296, 12.11.2005, p. 17).
EN Official Journal of the European Union L 345/30

COMMISSION DECISION

of 23 December 2005

amending Decision 2003/135/EC as regards the extension of the plans for the eradication of classical swine fever in feral pigs and the emergency vaccination of feral pigs against classical swine fever in certain areas of the Federal States of North Rhine-Westfalia and Rhineland-Palatinate (Germany)

(notified under document number C(2005) 5621)

(Only the German and French texts are authentic)

(2005/950/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever (1), and in particular Articles 16(1) and 20(2) thereof,

Whereas:

(1) Commission Decision 2003/135/EC of 27 February 2003 on the approval of the plans for the eradication of classical swine fever and the emergency vaccination of feral pigs against classical swine fever in Germany, in the Federal States of Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate and Saarland (2) was adopted as one of a number of measures to combat classical swine fever.

(2) The disease was successfully eradicated in the federal state of North Rhine-Westphalia and the approved eradication plan adopted for certain areas of this Federal State was lifted by Commission Decision 2005/58/EC of 26 January 2005 amending Decision 2003/135/EC as regards the termination of the eradication and vaccination plans in the Federal States of Lower-Saxony and North Rhine-Westfalia and the eradication plan in the Federal States of Saarland (Germany) (3).

(3) The German authorities have informed the Commission on the re-occurrence during October 2005 of the disease in feral pigs in certain areas of North Rhine-Westfalia and have amended the plans for the eradication of classical swine fever and the emergency vaccination of feral pigs against classical swine fever accordingly and notified it to the Commission.

(4) In the light of the epidemiological information, the eradication plan in Germany should be extended to areas in the district of Euskirchen in North Rhine-Westphalia and the districts of Ahrweiler and Daun in Rhineland-Palatinate. In addition, the emergency vaccination plan for feral pigs against classical swine fever should be amended to cover those areas.

(5) Decision 2003/135/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 2003/135/EC is replaced by the text in the Annex to this Decision.

Article 2

This Decision is addressed to the Federal Republic of Germany and the French Republic.

Done at Brussels, 23 December 2005. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 316, 1.12.2001, p. 5. Directive as amended by the 2003 Act of Accession.

(2) OJ L 53, 28.2.2003, p. 47. Decision as last amended by Decision 2005/236/EC (OJ L 72, 18.3.2005, p. 44).

(3) OJ L 24, 27.1.2005, p. 45.
EN Official Journal of the European Union L 29/48

COUNCIL DECISION 2005/81/CFSP

of 31 January 2005

extending the mandate of the Head of Mission/Police Commissioner of the European Union Police Mission (EUPM) in Bosnia-Herzegovina

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and in particular Article 23(2) thereof,

Having regard to Council Joint Action 2002/210/CFSP of 11 March 2002 on the European Union Police Mission (1) (EUPM), and in particular Article 4 thereof,

Having regard to Council Decision 2004/188/CFSP of 23 February 2004 concerning the appointment of the Head of Mission/Police Commissioner of the EUPM (2),

Whereas:

(1) On 23 February 2004, the Council adopted Decision 2004/188/CFSP appointing Mr Bartholomew Kevin Carty as Head of Mission/Police Commissioner of the EUPM as of 1 March 2004 for the duration of one year.

(2) Decision 2004/188/CFSP expires on 1 March 2005.

(3) The Secretary General/High Representative has proposed the extension of the mandate of Mr Bartholomew Kevin Carty as Head of Mission/Police Commissioner of the EUPM until 31 December 2005.

(4) The mandate of the Head of Mission/Police Commissioner of the EUPM should therefore be extended,

HAS DECIDED AS FOLLOWS:

Article 1

The mandate of Mr Bartholomew Kevin Carty as Head of Mission/Police Commissioner of the EUPM is hereby extended until 31 December 2005.

Article 2

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

Article 3

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

Done at Brussels, 31 January 2005. For the Council The President J. ASSELBORN

(1) OJ L 70, 13.3.2002, p. 1. Joint Action as last amended by Joint Action 2003/188/CFSP (OJ L 73, 19.3.2003, p. 9).

(2) OJ L 58, 26.2.2004, p. 27.
EN Official Journal of the European Union L 95/62

COMMISSION DECISION

of 31 March 2005

amending Decision 97/467/EC as regards the inclusion of one establishment in Croatia in provisional lists of third country establishments from which Member States are authorised to import ratite meat

(notified under document number C(2005) 985)

(Text with EEA relevance)

(2005/302/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) Commission Decision 97/467/EC of 7 July 1997 drawing up provisional lists of third country establishments from which the Member States authorise imports of rabbit meat and farmed game meat (2) sets out provisional lists of establishments in third countries from which the Member States are authorised to import farmed game meat, rabbit meat and ratite meat.

(2) Croatia has provided the name of one establishment producing ratite meat for which the responsible authorities certify that the establishment complies with Community rules.

(3) Accordingly, that establishment should be included in the lists set out in Decision 97/467/EC.

(4) As on-the-spot inspections of the concerned establishment have not yet been carried out, imports from it should not be eligible for reduced physical checks pursuant to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (3).

(5) Decision 97/467/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 II to Decision 97/467/EC is amended in accordance with the Annex to this Decision.

Article 2

This Decision shall apply from 21 April 2005.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 31 March 2005. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 243, 11.10.1995, p. 17. Decision as last amended by Directive 2004/41/EC of the European Parliament and of the Council (OJ L 157, 30.4.2004, p. 33); Corrigendum in OJ L 195, 2.6.2004, p. 12.

(2) OJ L 199, 26.7.1997, p. 57. Decision as last amended by Decision 2004/591/EC (OJ L 263, 10.8.2004, p. 21).

(3) OJ L 24, 30.1.1998, p. 9. Directive as last amended by Regulation (EC) No 882/2004 of the European Parliament and of the Council (OJ L 165, 30.4.2004, p. 1); Corrigendum in OJ L 191, 28.5.2004, p. 1.