ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 107/164

COUNCIL AND COMMISSION DECISION

of 26 February 2009

on the conclusion of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

(2009/331/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION

AND THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article 310 in conjunction with the second sentence of Article 300(2), first subparagraph, and the second subparagraph of Article 300(3) thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,

Having regard to the Act of Accession of Bulgaria and Romania and in particular Article 6(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the assent of the European Parliament,

Having regard to the Council’s approval pursuant to Article 101 of the Treaty establishing the European Atomic Energy Community,

Whereas:

(1) The Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union, has been signed on behalf of the European Community and the Member States on 19 November 2008 in accordance with Council Decision 2009/330/EC (1).

(2) The Protocol should be concluded,

HAVE DECIDED AS FOLLOWS:

Article 1

The Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union is hereby approved on behalf of the European Community, the European Atomic Energy Community and the Member States.

Article 2

The President of the Council shall, on behalf of the European Community and its Member States, deposit the instruments of approval provided for in Article 11 of the Protocol. The President of the Commission shall simultaneously deposit these instruments on behalf of the European Atomic Energy Community.

Done at Brussels, 26 February 2009. For the Council The President I. LANGER For the Commission The President José Manuel BARROSO

(1) See page 1 of this Official Journal.
EN Official Journal of the European Union C 123/10

COUNCIL DECISION

of 25 February 2009

appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training

2009/C 123/04

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),

Having regard to the nominations submitted by the Government of CYPRUS,

Whereas:

(1) By its Decision of 18 September 2006 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2006 to 17 September 2009.

(2) A member's seat on the Governing Board of the Centre in the category of Government representatives has become vacant as a result of the resignation of Mr Michael PHYSENTZIDES.

(3) The Cypriot member of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2009,

HAS DECIDED AS FOLLOWS:

Sole Article

The following person is hereby appointed as a member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2009:

GOVERNMENT REPRESENTATIVE

CYPRUS: Dr. George OXINOS

Done at Brussels, 25 February 2009. For the Council The President J. ŠEBESTA

(1) OJ L 39, 13.2.1975, p. 1.

(2) OJ C 240, 5.10.2006, p. 1.
EN Official Journal of the European Union L 135/27

COUNCIL DECISION

of 25 May 2009

appointing one Estonian member of the European Economic and Social Committee

(2009/418/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 Decision 2006/524/EC, Euratom (1),

Having regard to the proposal of the Estonian Government,

Having regard to the opinion of the Commission,

Whereas a member’s seat on the European Economic and Social Committee has become vacant following the resignation of Ms Kristina TSHISTOVA,

HAS DECIDED AS FOLLOWS:

Article 1

Ms Reet TEDER, Eesti Kaubandus-Tööstuskoja poliitikadirektor — I grupp — tööandjate esindajad (Policy Director of the Estonian Chamber of Commerce and Industry — Group I — employers’ representatives) is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2010.

Article 2

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

Done at Brussels, 25 May 2009. For the Council The President J. ŠEBESTA

(1) OJ L 207, 28.7.2006, p. 30.
EN Official Journal of the European Union L 175/14

COMMISSION DECISION

of 3 July 2009

amending Article 23(4) of Annex I to Council Regulation (EC) No 71/2008 setting up the Clean Sky Joint Undertaking

(notified under document number C(2009) 5134)

(2009/520/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 71/2008 of 20 December 2007 setting up the Clean Sky Joint Undertaking (1), and in particular Article 24(2) of Annex I thereto,

Having regard to the draft amendment approved by the Governing Board of the Clean Sky Joint Undertaking on 10th October 2008,

Whereas:

(1) The Governing Board of the Clean Sky Joint Undertaking has approved and submitted a draft amendment replacing in Article 23(4) of Annex I to Regulation (EC) No 71/2008 with a different text to allow defining access rights not only for research use but also for commercial use in the grant agreement.

(2) Whereas this amendment, which does not affect the essential elements of the Clean Sky Statutes is justified, as pursuant to Article 15 of Regulation (EC) No 71/2008, the intellectual rights policy of the Clean Sky Joint Undertaking should be based on the principles of Regulation (EC) No 1906/2006 of the European Parliament and of the Council (2) where access rights for use include for commercial exploitation and should promote not only the creation but also the exploitation of knowledge (ref. Recital 29 and Article 23(2) of Annex I to Regulation (EC) No 71/2008),

HAS ADOPTED THIS DECISION:

Article 1

Article 23(4) of Annex I to Regulation (EC) No 71/2008 is replaced by the following:

‘4. The terms and conditions of access rights and licenses between legal entities having concluded a grant agreement with the Clean Sky Joint Undertaking shall be defined in the grant agreement with regards to Background and Foreground for the purposes of completing the projects, and Foreground and Background necessary to use Foreground’.

Article 2

This Decision is addressed to the Clean Sky Joint Undertaking:

Clean Sky Joint Undertaking c/o Liam Breslin European Commission — DG RTD Clean Sky Joint Undertaking Interim Executive Director CDMA 04/166 1049 Brussels BELGIUM

Done at Brussels, 3 July 2009. For the Commission Janez POTOČNIK Member of the Commission

(1) OJ L 30, 4.2.2008, p. 1.

(2) OJ L 391, 30.12.2006, p. 1.
EN Official Journal of the European Union L 201/62

COUNCIL DECISION

of 27 July 2009

appointing one Hungarian member of the European Economic and Social Committee

(2009/583/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 Decision 2006/524/EC, Euratom (1),

Having regard to the proposal of the Hungarian Government,

Having regard to the opinion of the Commission,

Whereas a member’s seat on the European Economic and Social Committee has become vacant following the death of Mr István GARAI,

HAS DECIDED AS FOLLOWS:

Article 1

Mr József NAGY, Various Interest Group (GROUP III), is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2010.

Article 2

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

Done at Brussels, 27 July 2009. For the Council The President C. BILDT

(1) OJ L 207, 28.7.2006, p. 30.
EN Official Journal of the European Union C 178/13

COUNCIL DECISION

of 27 July 2009

appointing one member to the Management Board of the European Chemicals Agency

2009/C 178/10

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency (1), and in particular Article 79 thereof,

Whereas:

(1) Article 79 of Regulation (EC) No 1907/2006 provides that the Council should appoint as Members to the Management Board of the European Chemicals Agency one representative from each Member State.

(2) By Decision of 7 June 2007 (2) the Council appointed 27 members to the Management Board of the European Chemicals Agency.

(3) The Netherlands government has informed the Council of its intention to replace the Dutch representative on the Management Board and has submitted a nomination for a new representative, who should be appointed for a period which runs until 31 May 2013,

HAS DECIDED AS FOLLOWS:

Article 1

Mr Johannes Karel Barend Henri KWISTHOUT of Dutch nationality, born on 6 June 1964, shall be appointed to the Management Board of the European Chemicals Agency in place of Dr Arnoldus Wilhelmus VAN DER WIELEN for the period from 1 August 2009 to 31 May 2013.

Article 2

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

Done at Brussels, 27 July 2009. For the Council The President C. BILDT

(1) OJ L 396, 30.12.2006, p. 1.

(2) OJ C 134, 16.6.2007, p. 6.
(7)

According to the April 2009 EDP notification, the general government deficit in Latvia reached 4 % of GDP in 2008, thus exceeding the 3 % of GDP reference value. Furthermore, the deficit was not close to the 3 % of GDP reference value. The excess over the reference value can, however, be qualified as exceptional within the meaning of the Treaty and of the Stability and Growth Pact. In particular, it results from a severe economic downturn in the sense of the Treaty and of the Stability and Growth Pact. According to the Commission services′ spring 2009 forecast, real GDP growth in Latvia is projected to be strongly negative in 2009, with output 13,1 % after falling by 4,6 % in 2008; more recent indicators point to an even larger contraction in 2009, of the order of 18 %. Consequently, the targets set in December 2008 under the framework of the Community balance of payments assistance programme — namely 5,3 % of GDP in 2009, 4,9 % of GDP in 2010 and below 3 % in 2011 — have become unrealistic. However, the excess over the reference value cannot be considered temporary. According to the Commission services′ spring forecast, taking into account budgetary measures for 2009 based only on the amendments adopted in December 2008, the deficit would widen from 4 % of GDP in 2008 to 11,1 % of GDP in 2009 and, on a no-policy change assumption, worsen further to 13,6 % of GDP in 2010. After adoption of the package of new consolidation measures by the Latvian authorities in June 2009, and indicated by the authorities for 2010, and assuming their full implementation, the general government deficit may reach around 10 % of GDP in 2009 and 8,5 % in 2010 and 6 % in 2011 (4). Therefore, although the excess of the 2008 deficit over the reference value appears exceptional, the deficit was not close to the reference value and the excess cannot be considered temporary. Thus the deficit criterion in the Treaty is not fulfilled.
(2)

In accordance with Article 18 of Council Directive 2008/73/EC of 15 July 2008 simplifying procedures of listing and publishing information in the veterinary and zootechnical fields and amending Directives 64/432/EEC, 77/504/EEC, 88/407/EEC, 88/661/EEC, 89/361/EEC, 89/556/EEC, 90/426/EEC, 90/427/EEC, 90/428/EEC, 90/429/EEC, 90/539/EEC, 91/68/EEC, 91/496/EEC, 92/35/EEC, 92/65/EEC, 92/66/EEC, 92/119/EEC, 94/28/EC, 2000/75/EC, Decision 2000/258/EC and Directives 2001/89/EC, 2002/60/EC and 2005/94/EC (3), the procedure for listing of bodies in respect of the species and/or races concerned that the competent authority of the third country has approved for the purpose of Directive 94/28/EC will be replaced by an Internet-based information coming into effect on 1 January 2010. For the sake of clarity and legal certainty it is therefore necessary to introduce an end date for the validity of Decision 2006/139/EC.
EN Official Journal of the European Union L 268/9

COUNCIL DECISION

of 9 October 2009

regarding the position to be taken by the Community within the International Jute Study Group Council on extension of the Agreement establishing the Terms of Reference of the International Jute Study Group, 2001

(2009/748/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community and in particular Article 133, in conjunction with the second paragraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) The Agreement establishing the Terms of Reference of the International Jute Study Group, 2001 was signed and concluded on behalf of the European Community on 15 April 2002 by Council Decision 2002/312/EC (1).

(2) Under Rule 25(a) and (b), the Agreement establishing the Terms of Reference of the International Jute Study Group, 2001 is due to expire on 26 April 2010 unless it is extended beyond that date by decision of the International Jute Study Group Council for one or two periods not exceeding a combined total of four years.

(3) Extension of the abovementioned Agreement is in the interest of the Community.

(4) The Community’s position in the International Jute Study Group Council should be determined,

HAS DECIDED AS FOLLOWS:

Sole Article

The European Community’s position within the International Jute Study Group Council shall be to vote in favour of extending the Agreement establishing the Terms of Reference of the International Jute Study Group, 2001 for one or two periods not exceeding a combined total of four years and to notify this extension to the United Nations Secretary-General.

Done at Luxembourg, 9 October 2009. For the Council The President Å. TORSTENSSON

(1) OJ L 112, 27.4.2002, p. 34.
EN Official Journal of the European Union L 281/5

COMMISSION DECISION

of 26 October 2009

releasing the United Kingdom from certain obligations to apply Council Directive 66/402/EEC in respect of Avena strigosa Schreb.

(notified under document C(2009) 8038)

(Only the English text is authentic)

(Text with EEA relevance)

(2009/786/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (1), and in particular Article 23a thereof,

Having regard to the request submitted by the United Kingdom,

Whereas:

(1) Under Directive 66/402/EEC the Commission may, subject to certain conditions, release a Member State from obligations for the marketing of cereal seed set out in that Directive.

(2) The United Kingdom has applied for release from their obligations in respect of Avena strigosa Schreb.

(3) The seed of that species is not normally reproduced or marketed in the United Kingdom. In addition, the growing of Avena strigosa Schreb. is of minimum economic importance in the abovementioned country.

(4) As long as those conditions remain, the relevant Member State should be released from the obligation to apply the provision of Directive 66/402/EEC to the material in question.

(5) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,

HAS ADOPTED THIS DECISION:

Article 1

The United Kingdom is released from the obligation to apply Directive 66/402/EEC, with the exception of Article 14(1), to the species of Avena strigosa Schreb.

Article 2

This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.

Done at Brussels, 26 October 2009. For the Commission Androulla VASSILIOU Member of the Commission

(1) OJ 125, 11.7.1966, p. 2309/66.
EN Official Journal of the European Union L 277/21

COMMISSION DECISION

of 21 October 2009

amending Decision 2007/716/EC as regards certain establishments in the meat and milk sectors in Bulgaria

(notified under document C(2009) 7929)

(Text with EEA relevance)

(2009/774/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 42 thereof,

Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (1), and in particular Article 9(4) thereof,

Whereas:

(1) Commission Decision 2007/716/EC (2) lays down transitional measures for structural requirements of certain establishments in the meat and milk sectors in Bulgaria provided for in Regulations (EC) No 852/2004 and (EC) No 853/2004 of the European Parliament and of the Council. As long as those establishments are in transition, products originating from them are only to be placed on the domestic market or used for further processing in Bulgarian establishments in transition.

(2) According to an official declaration from the Bulgarian competent authority, certain establishments in the meat and milk sectors have ceased their activities or have completed their upgrading process and are now in full compliance with Community legislation. Those establishments should therefore be deleted from the list of establishments in transition.

(3) The Annex to Decision 2007/716/EC should therefore be amended accordingly.

(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

The Annex to Decision 2007/716/EC is amended in accordance with the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 21 October 2009. For the Commission Androulla VASSILIOU Member of the Commission

(1) OJ L 395, 30.12.1989, p. 13.

(2) OJ L 289, 7.11.2007, p. 14.
EN Official Journal of the European Union L 291/24

COUNCIL AND COMMISSION DECISION

of 19 October 2009

on the conclusion of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

(2009/816/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article 44(2), the last sentence of Article 47(2), and Articles 55, 57(2), 71, 80(2), 93, 94, 133 and 181a, in conjunction with the second sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,

Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 6(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Having regard to the Council’s approval pursuant to Article 101 of the Treaty establishing the European Atomic Energy Community,

Whereas:

(1) The Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union, was signed on behalf of the European Community and the Member States on 9 December 2008 in accordance with Council Decision 2009/173/EC (2).

(2) Pending its entry into force, the Protocol has been applied on a provisional basis as from 1 January 2007.

(3) The Protocol should be concluded,

HAVE DECIDED AS FOLLOWS:

Article 1

The Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union is hereby approved on behalf of the European Community, the European Atomic Energy Community and the Member States.

The text of the Protocol is annexed to this Decision (3).

Article 2

The President of the Council shall, on behalf of the European Community and its Member States, give the notification provided for in Article 3 of the Protocol. The President of the Commission shall simultaneously give such notification on behalf of the European Atomic Energy Community.

Done at Luxembourg, 19 October 2009. For the Council The President E. ERLANDSSON For the Commission The President José Manuel BARROSO

(1) Opinion of the European Parliament of 10 July 2007 (not yet published in the Official Journal).

(2) OJ L 62, 6.3.2009, p. 7.

(3) OJ L 62, 6.3.2009, p. 9.
EN Official Journal of the European Union L 285/40

COUNCIL DECISION

of 27 October 2009

appointing one Italian member of the European Economic and Social Committee

(2009/797/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 Decisions 2006/524/EC, Euratom (1) and 2006/651/EC, Euratom (2),

Having regard to the proposal of the Italian Government,

Having regard to the opinion of the Commission,

Whereas a member’s seat on the European Economic and Social Committee has become vacant following the end of the term of office of Ms Susanna FLORIO,

HAS DECIDED AS FOLLOWS:

Article 1

Mr Stefano PALMIERI, responsabile dell’area di ricerca Sviluppo locale e politica industriale dell’IRES CGIL — Istituto di ricerche economiche e sociali Confederazione generale italiana del lavoro (Group II — Employees Group), is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2010.

Article 2

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

Done at Luxembourg, 27 October 2009. For the Council The President C. BILDT

(1) OJ L 207, 28.7.2006, p. 30.

(2) OJ L 269, 28.9.2006, p. 13.