ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 257/7

COUNCIL DECISION

of 19 July 2004

on the date of application of Directive 2003/48/EC on taxation of savings income in the form of interest payments

(2004/587/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Directive 2003/48/EC (1), and in particular Article 17(3) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) Article 17(2) of Directive 2003/48/EC sets out the conditions for application of the provisions of the Directive from 1 January 2005.

(2) In accordance with Article 17(3) of Directive 2003/48/EC the Council, on the basis of a report by the Commission, concluded before 1 July 2004 that the conditions set out in Article 17(2) of Directive 2003/48/EC would not be met, having regard to the dates of entry into force of the relevant measures in the third countries and dependent or associated territories concerned.

(3) Article 17(3) of Directive 2003/48/EC provides that, if the Council does not decide that the condition set out in paragraph 2 of that Article will be met, it shall, acting unanimously on a proposal by the Commission, adopt a new date for the purposes of paragraph 2.

(4) On the basis of reports from the Commission and the relevant Member States, it appears that each of the third countries and dependent or associated territories referred to in Article 17(2) of Directive 2003/48/EC will be able to meet the conditions set out in that paragraph by 1 July 2005.

(5) The date of 1 July 2005 should therefore be adopted as the new date for the purposes of Article 17(2) of Directive 2003/48/EC, which date shall also be subject to the conditions set out in that paragraph.

(6) For reasons of legal security of operators and taxpayers, this Decision should be adopted as a matter of urgency, which warrants a derogation from the six-week period provided for in point I.3 of the Protocol on the role of national parliaments in the European Union,

HAS ADOPTED THIS DECISION:

Article 1

In Article 17(2) of Directive 2003/48/EC ‘1 January 2005’ shall be replaced by ‘1 July 2005’.

Article 2

This Decision is addressed to the Member States and shall be published in the Official Journal of the European Union.

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

(1) OJ L 157, 26.6.2003, p. 38.
EN Official Journal of the European Union L 271/41

COMMISSION DECISION

of 18 August 2004

on the inventory of wine production potential presented by the Slovak Republic under Council Regulation (EC) No 1493/1999

(notified under document number C(2004) 3123)

(Only the Slovak text is authentic)

(2004/602/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (1), and in particular Article 23(4) thereof,

Whereas:

(1) As a prior condition for access to the increase in planting rights and support for restructuring and conversion, Regulation (EC) No 1493/1999 provides for the compilation of an inventory of wine production potential by the Member State concerned. The inventory must be presented in accordance with Article 16 of that Regulation.

(2) Article 19 of Commission Regulation (EC) No 1227/2000 of 31 May 2000 laying down detailed rules for the application of Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine, as regards production potential (2) details how the information included in the inventory is to be presented.

(3) By letter of 4 June 2004, the Slovak Republic sent the Commission the information referred to in Article 16 of Regulation (EC) No 1493/1999 and Article 19 of Regulation (EC) No 1227/2000. Examination of this information shows that the Slovak Republic has compiled the inventory.

(4) This Decision does not entail recognition by the Commission of the accuracy of the information contained in the inventory or of the compatibility of the legislation referred to in the inventory with Community law. It is without prejudice to any future Commission decision on these points.

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

HAS ADOPTED THIS DECISION:

Article 1

The Commission notes that the Slovak Republic has compiled the inventory of wine production potential in accordance with Article 16 of Regulation (EC) No 1493/1999.

Article 2

This Decision is addressed to the Slovak Republic.

Done at Brussels, 18 August 2004. For the Commission Franz FISCHLER Member of the Commission

(1) OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Commission Regulation (EC) No 1795/2003 (OJ L 262, 14.10.2003, p. 13).

(2) OJ L 143, 16.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 1389/2004 (OJ L 255, 31.7.2004, p. 7).
EN Official Journal of the European Union L 302/5

COUNCIL DECISION

of 24 September 2004

authorising the Kingdom of Spain to extend until 7 March 2005 the Agreement on mutual fishery relations with the Republic of South Africa

(2004/662/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the 1985 Act of Accession, and in particular Article 167(3) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) The Agreement on mutual fishery relations between the Government of the Kingdom of Spain and the Government of the Republic of South Africa, signed on 14 August 1979, entered into force on 8 March 1982 for an initial period of 10 years. The Agreement remains in force for an indeterminate period if it is not denounced by the giving of 12 months’ notice.

(2) Article 167(2) of the 1985 Act of Accession lays down that the rights and obligations resulting from the fisheries agreements concluded by the Kingdom of Spain with third countries shall not be affected during the period for which the provisions of such agreements are provisionally maintained.

(3) Pursuant to Article 167(3) of the said Act of Accession, the Council is to adopt, before the expiry of the fisheries agreements concluded by the Kingdom of Spain with third countries, decisions appropriate for the continuation of fishing activities resulting therefrom, including the possibility of prolonging for periods not exceeding one year. The abovementioned Agreement has been last extended by Council Decision 2003/538/EC of 15 July 2003 (1) until 7 March 2004.

(4) The Kingdom of Spain should be authorised to renew the said Agreement until 7 March 2005,

HAS ADOPTED THIS DECISION:

Article 1

The Kingdom of Spain is hereby authorised to extend until 7 March 2005 the Agreement on mutual fishery relations with the Republic of South Africa which entered into force on 8 March 1982.

Article 2

This Decision is addressed to the Kingdom of Spain.

Done at Brussels, 24 September 2004. For the Council The President L. J. BRINKHORST

(1) OJ L 185, 24.7.2003, p. 24.
EN Official Journal of the European Union L 249/18

COMMISSION DECISION

of 2 July 2004

laying down a derogation to the transitional regime established by Article 6 of Regulation (EC) No 998/2003 for the transit of pet animals through the territory of Sweden between the Island of Bornholm and the other parts of the territory of Denmark

(notified under document number C(2004) 2435)

(Only the Danish and Swedish texts are authentic)

(Text with EEA relevance)

(2004/557/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC (1), and in particular Article 21 thereof,

Whereas:

(1) Article 6 of Regulation (EC) No 998/2003 establishes for a transitional period of five years the veterinary conditions applying, inter alia, to non-commercial movements of pet dogs and cats, to the territory of Sweden.

(2) Those conditions are largely the same than the national conditions applying for entry into Sweden before the implementation of Regulation (EC) No 998/2003.

(3) A bilateral agreement existed between Sweden and Denmark establishing less restrictive requirements than those applicable for entry into Sweden for the transit of pet animals through the territory of Sweden between the Island of Bornholm (DK) in the Baltic Sea and the other parts of the territory of Denmark.

(4) It is appropriate to maintain this limited derogation to the transitional regime established under Article 6 of Regulation (EC) No 998/2003.

(5) The measure provided for in this Decision is in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

By derogation to Article 6 of Regulation (EC) No 998/2003 and until the end of the transitional period laid down in that Article, transit of pet animals of the species mentioned in Part A of Annex I to Regulation (EC) No 998/2003 between the Island of Bornholm and other parts of the territory of Denmark through the territory of Sweden is permitted according to the conditions agreed between the two Member States.

Article 2

This Decision shall apply from 3 July 2004.

Article 3

This Decision is addressed to the Kingdom of Denmark and the Kingdom of Sweden.

Done at Brussels, 2 July 2004. For the Commission David BYRNE Member of the Commission

(1) OJ L 146, 13.6.2003, p. 1. Regulation as amended by Commission Regulation (EC) No 592/2004 (OJ L 94, 31.3.2004, p. 7).
EN Official Journal of the European Union L 346/9

COUNCIL DECISION

of 15 November 2004

appointing four Italian members and three Italian alternate members of the Committee of the Regions

(2004/783/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 Italian government,

Whereas:

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

(2) Four members' seats and three alternate members' seats on the Committee of the Regions have become vacant following the expiry of the terms of office of Mr Paolo AGOSTINACCHIO (IT), Mr Gianfranco LAMBERTI (IT), Mr Salvatore TATARELLA (IT) and Mr Riccardo VENTRE (IT), members, and of Mr Gabriele BAGNASCO (IT), Mr Marcello MEROI (IT) and Mr Roberto PELLA (IT), alternate members, of which the Council was informed on 7 October 2004,

HAS DECIDED AS FOLLOWS:

Sole Article

The following shall be appointed to the Committee of the Regions

(a) as members: 1. Mr Giancarlo GABBIANELLI Sindaco di Viterbo in place of Mr Paolo AGOSTINACCHIO; 2. Mr Paolo FONTANELLI Sindaco di Pisa in place of Mr Gianfranco LAMBERTI; 3. Mr Savino Antonio SANTARELLA Sindaco di Candela in place of Mr Salvatore TATARELLA; 4. Mr Roberto PELLA Consigliere comunale di Cossato in place of Mr Riccardo VENTRE;

(b) as alternate members: 1. Mr Sergio CUCCO Consigliere comunale di Vercelli in place of Mr Gabriele BAGNASCO; 2. Mr Vincenzo ZACCHEO Sindaco di Latina in place of Mr Marcello MEROI; 3. Mr Errico BORRELLI Sindaco di Belmonte del Sannio in place of Mr Roberto PELLA,

for the remainder of their terms of office, which end on 25 January 2006.

Done at Brussels, 15 November 2004. For the Council The President M. VAN DER HOEVEN

(1) OJ L 24, 26.1.2002, p. 38.
EN Official Journal of the European Union L 357/35

COUNCIL DECISION

of 19 November 2004

appointing a German member of the Economic and Social Committee

(2004/819/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

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

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

Having regard to Council Decision 2002/758/EC, Euratom of 17 September 2002 appointing the members of the Economic and Social Committee for the period from 21 September 2002 to 20 September 2006 (1),

Having regard to the nomination submitted by the German Government,

Having obtained the opinion of the Commission of the European Union,

HAS DECIDED AS FOLLOWS:

Sole Article

Mr Peter KORN is hereby appointed a member of the Economic and Social Committee in place of Ms Dagmar BOVING for the remainder of the latter's term of office, which runs until 20 September 2006.

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

(1) OJ L 253, 21.9.2002, p. 9.
EN Official Journal of the European Union L 370/81

COUNCIL DECISION

of 7 December 2004

on macro-financial assistance to Serbia and Montenegro and amending Decision 2002/882/EC providing further macro-financial assistance to the Federal Republic of Yugoslavia

(2004/862/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 of the Commission (1),

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

Whereas:

(1) Council Decision 2002/882/EC of 5 November 2002 providing further macro-financial assistance to the Federal Republic of Yugoslavia (3) aims at ensuring a sustainable balance of payments situation and strengthening the country’s reserve position.

(2) Two tranches under this assistance totalling EUR 105 million have been disbursed in 2002 and 2003. Due to the delays in the implementation of agreed structural measures, the implementation of the third tranche (EUR 25 million) is still outstanding. Terms and policy conditions for the additional amount of EUR 70 million decided in 2003 remain to be negotiated and agreed.

(3) The authorities of Serbia and Montenegro are committed to economic reform and stabilisation under the present IMF programme as evidenced by encouraging signs of a revitalisation of structural reforms.

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

(5) Decision 2002/882/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 2002/882/EC is replaced by the following:

‘It shall apply as of 8 November 2004 and until 30 June 2006.’

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. 25. Decision amended by Decision 2003/825/EC (OJ L 311, 27.11.2003, p. 28).
Commission Decision

of 12 February 2004

amending Decision 97/467/EC as regards the inclusion of establishments in Bulgaria and Hungary in provisional lists of third country establishments from which Member States authorise imports of ratite meat

(notified under document number C(2004) 346)

(Text with EEA relevance)

(2004/144/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(1) and (4) thereof,

Whereas:

(1) Provisional lists of establishments in third countries from which the Member States authorise imports of ratite meat have been drawn up by Commission Decision 97/467/EC(2).

(2) Bulgaria and Hungary have sent lists of establishments producing ratite meat for which the responsible authorities certify that the establishments comply with the Community rules.

(3) Those establishments should be included in the lists drawn up by Decision 1997/467/EC.

(4) As on-the-spot inspections have not yet been carried out, imports from such establishments are not eligible for reduced physical checks in accordance with Article 2(4) of Decision 95/408/EC.

(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 25 February 2004.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 12 February 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 199, 26.7.1997, p. 57. Decision as last amended by Decision 2002/797/EC (OJ L 277, 15.10.2002, p. 23).

ANNEX

Annex II is amended as follows:

1. The following text is inserted in Annex II in the part concerning Bulgaria in accordance with the national reference:

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2. The following text is inserted in Annex II in the part concerning Hungary in accordance with the national reference:

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2.

The following Article 1b is inserted: “Article 1b 1. By way of derogation from Article la Member States shall authorise the transit by road or by rail through the Community, between designated Community border inspection posts listed in the Annex to Decision 2001/881/EC, of consignments coming from and destined to Russia directly or via another third country provided that the following conditions are met: (a) the consignment shall be sealed with a serially numbered seal at the border inspection post of entry to the EC by the veterinary services of the competent authority; (b) the documents accompanying the consignment and referred to in Article 7 of Directive 97/78/EC shall be stamped “ONLY FOR TRANSIT TO RUSSIA VIA THE EC” on each page by the official veterinarian of the competent authority responsible for the BIP; (c) the procedural requirements provided for in Article 11 of Directive 97/78/EC shall be complied with; (d) the consignment is certified as acceptable for transit on the Common Veterinary Entry Document by the Official Veterinarian of the Border Inspection Post of introduction. 2. unloading or storage, as defined in Article 12 (4) or Article 13 of Directive 97/78/EC, on EC territory of such consignments shall not be allowed. 3. regular audits shall be made by the competent authority to ensure that the number of consignments and the quantities of products leaving the EC territory matches the number and quantities entering.”
EN Official Journal of the European Union L 284/4

COMMISSION DECISION

of 2 September 2004

on the list of establishments in New Caledonia from which Member States may authorise importation of fresh meat into the Community

(notified under document number C(2004) 3296)

(Text with EEA relevance)

(2004/628/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals, and swine, fresh meat or meat products from third countries (1), and in particular Article 4(1) and Article 18(1)(a) and (b) thereof,

Whereas:

(1) Directive 72/462/EEC provides that establishments in third countries may only be authorised to export fresh meat to the Community if they satisfy the general and special conditions laid down in that Directive.

(2) The animal health situation in New Caledonia is comparable to that existing in the Member States, particularly as regards disease transmission through meat, and that the operation of controls over the production of fresh meat is satisfactory.

(3) For the purposes of Article 4(3) of Directive 72/462/EEC, New Caledonia has forwarded details concerning the establishments that should be authorised to export fresh meat to the Community.

(4) The establishments put forward by New Caledonia meet all the requirements laid down in Directive 72/462/EEC in order to be designated as slaughterhouses, cold stores and approved cutting plants from which imports into the Community may be permitted in accordance with Article 18 of that Directive.

(5) The hygiene standards of those establishments are satisfactory and the establishments may therefore be included in the list of establishments to be drawn up in accordance with Directive 72/462/EEC, from which imports of fresh meat into the Community may be authorised.

(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 establishments in New Caledonia listed in the Annex are hereby approved as establishments from which Member States may authorise the importation of fresh meat into the Community pursuant to the conditions laid down in Directive 72/462/EEC, including Article 18(1)(a) and (b) thereof.

Article 2

This Decision shall apply from 6 September 2004.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 2 September 2004. For the Commission David BYRNE Member of the Commission

(1) OJ L 302, 31.12.1972, p. 28. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).
EN Official Journal of the European Union L 298/20

COUNCIL DECISION

of 24 May 2004

appointing two United Kingdom members and five United Kingdom alternate members of the Committee of the Regions

(2004/649/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 United Kingdom 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 of the Committee of the Regions has become vacant following the expiry of the mandate of Mrs Christine MAY, of which the Council was notified on 24 July 2003, the seats of three alternate members of the Committee of the Regions have become vacant following expiry of the mandates of Mrs Diane BUNYAN, Mr Hugh HALCRO-JOHNSTON and Mrs Irene McGUGAN, of which the Council was notified on 24 July 2003; a member’s seat has become vacant following the resignation of Mrs Irene OLDFATHER, of which the Council was notified on 5 May 2004 and two alternate member’s seats have become vacant following the nomination of Mr Jack McCONNELL and Mr Corrie McCHORD as full members,

HAS DECIDED AS FOLLOWS:

Sole Article

(a) 1. Mr Jack McCONNELL First Minister, Scottish Parliament is hereby appointed a member of the Committee of the Regions in place of Mrs Irene OLDFATHER 2. Mr Corrie McCHORD Leader of Stirling Council is hereby appointed a member of the Committee of the Regions in place of Mrs Christine MAY

(b) 1. Mrs Helen HOLLAND Bristol City Council is hereby appointed an alternate member of the Committee of the Regions in place of Mrs Diane BUNYAN 2. Ms Nicola STURGEON Scottish Parliament is hereby appointed an alternate member of the Committee of the Regions in place of Mrs Irene McGUGAN 3. Mr Jim McCABE North Lanarkshire Council is hereby appointed an alternate member of the Committee of the Regions in place of Mr Corrie McCHORD 4. Mr Andrew CAMPBELL Leader of Dumfries and Galloway Council is hereby appointed an alternate member of the Committee of the Regions in place of Mr Hugh HALCRO-JOHNSTON 5. Mrs Irene OLDFATHER Scottish Parliament is hereby appointed an alternate member of the Committee of the Regions in place of Mr Jack McCONNELL

for the remainder of their terms of office, which end on 25 January 2006.

Done at Brussels, 24 May 2004. For the Council The President D. AHERN

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