ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 188/15

COUNCIL DECISION

of 10 July 2012

appointing a member of the Court of Auditors

(2012/402/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 286(2) thereof,

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

Whereas:

(1) The term of office of Ms Nadejda SANDOLOVA is due to expire on 31 December 2012.

(2) A new appointment should therefore be made,

HAS ADOPTED THIS DECISION:

Article 1

Ms Iliana IVANOVA is hereby appointed member of the Court of Auditors for the period from 1 January 2013 to 31 December 2018.

Article 2

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

Done at Brussels, 10 July 2012. For the Council The President V. SHIARLY

(1) Opinion of 13 June 2012 (not yet published in the Official Journal).
EN Official Journal of the European Union L 219/21

COUNCIL IMPLEMENTING DECISION 2012/478/CFSP

of 16 August 2012

implementing Decision 2011/782/CFSP concerning restrictive measures against Syria

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union,

Having regard to Decision 2011/782/CFSP (1), and in particular Article 21(1) thereof,

Whereas:

(1) On 1 December 2011, the Council adopted Decision 2011/782/CFSP.

(2) An additional entity should be included in the list of persons and entities subject to restrictive measures set out in Annex I to Decision 2011/782/CFSP,

HAS ADOPTED THIS DECISION:

Article 1

The entity listed in the Annex to this Decision shall be added to the list set out in Annex I to Decision 2011/782/CFSP.

Article 2

This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

Done at Brussels, 16 August 2012. For the Council The President A. D. MAVROYIANNIS

(1) OJ L 319, 2.12.2011, p. 56.
EN Official Journal of the European Union L 203/66

COMMISSION IMPLEMENTING DECISION

of 27 July 2012

amending Decision 2003/467/EC as regards the declaration of Latvia as officially enzootic-bovine-leukosis-free Member State

(notified under document C(2012) 5185)

(Text with EEA relevance)

(2012/449/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (1), and in particular Annex D(I)(E) thereto,

Whereas:

(1) Directive 64/432/EEC applies to trade within the Union in bovine animals and swine. It lays down the conditions whereby a Member State or region of a Member State may be declared officially enzootic-bovine-leukosis-free as regards bovine herds.

(2) Annex III to Commission Decision 2003/467/EC of 23 June 2003 establishing the official tuberculosis, brucellosis and enzootic-bovine-leukosis-free status of certain Member States and regions of Member States as regards bovine herds (2) lists the Member States and regions thereof which are declared officially enzootic-bovine-leukosis-free.

(3) Latvia has submitted to the Commission documentation demonstrating compliance with the conditions for the officially enzootic-bovine-leukosis-free status laid down in Directive 64/432/EEC for its whole territory.

(4) Following the evaluation of the documentation submitted by Latvia, that Member State should be declared as officially enzootic-bovine-leukosis-free.

(5) Decision 2003/467/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 III to Decision 2003/467/EC is amended in accordance with the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 27 July 2012. For the Commission John DALLI Member of the Commission

(1) OJ 121, 29.7.1964, p. 1977/64.

(2) OJ L 156, 25.6.2003, p. 74.
EN Official Journal of the European Union L 263/43

COUNCIL DECISION

of 24 September 2012

appointing an Estonian member of the Committee of the Regions

(2012/526/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,

Having regard to the proposal of the Estonian Government,

Whereas:

(1) On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

(2) A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Teet KALLASVEE,

HAS ADOPTED THIS DECISION:

Article 1

The following is hereby appointed as member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

— Mr Georg LINKOV, Mayor of Kärdla.

Article 2

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

Done at Brussels, 24 September 2012. For the Council The President A. D. MAVROYIANNIS

(1) OJ L 348, 29.12.2009, p. 22.

(2) OJ L 12, 19.1.2010, p. 11.
(4)

Article 16 is replaced by the following: ‘Article 16 Release of classified information 1. The HR shall be authorised to release to the third States associated with this Decision, as appropriate and in accordance with the needs of the Mission, EU classified information and documents up to ‘CONFIDENTIEL UE/EU CONFIDENTIAL’ level generated for the purposes of the Mission, in accordance with Decision 2011/292/EU. 2. The HR shall also be authorised to release to the UN and the OSCE, in accordance with the operational needs of the Mission, EU classified information and documents up to ‘RESTREINT UE/EU RESTRICTED’ level which are generated for the purposes of the Mission, in accordance with Decision 2011/292/EU. Arrangements between the HR and the competent authorities of the UN and the OSCE shall be drawn up for this purpose. 3. In the event of a specific and immediate operational need, the HR shall also be authorised to release to the host State any EU classified information and documents up to ‘RESTREINT UE/EU RESTRICTED’ level which are generated for the purposes of the Mission, in accordance with Decision 2011/292/EU. Arrangements between the HR and the competent authorities of the host State shall be drawn up for this purpose. 4. The HR shall be authorised to release to the third States associated with this Decision any EU non-classified documents connected with the deliberations of the Council relating to the Mission and covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council’s Rules of Procedure (3). 5. The HR may delegate the powers referred to in paragraphs 1 to 4, as well as the ability to conclude the arrangements referred to in paragraphs 2 and 3, to persons placed under his/her authority, to the Civilian Operations Commander and/or to the Head of Mission.
(4)

According to the first condition, credit rating agencies in the third country must be subject to authorisation or registration and subject to effective supervision and enforcement on an ongoing basis. The US legal and supervisory framework for credit rating agencies consists of the Credit Rating Agency Reform Act of 2006 (‘Rating Agency Act’) which seeks to improve the quality of ratings in order to protect investors and in the public interest, by fostering accountability, transparency, and competition in the credit rating industry and Section 15E (3), Section 17 (4) and Section 21B(a) (5) of the Securities Exchange Act (‘Exchange Act’). The operative provisions of the Rating Agency Act became applicable upon the SEC’s adoption in June 2007 of a series of rules implementing a registration and oversight programme for credit rating agencies that register as Nationally Recognized Statistical Ratings Organizations (NRSRO). In order to allow the use of their ratings for regulatory purposes credit rating agencies have to register with the SEC and are subsequently supervised by the SEC on an ongoing basis. The SEC is endowed with a comprehensive range of supervisory powers allowing it to investigate whether credit rating agencies comply with their legal obligations. Those powers include the power to access documents, to conduct investigations and to carry out on-site inspections, as well as the power to require access to records of telephone recordings and electronic communication. The SEC can exercise these powers not only in respect of credit rating agencies, but also in respect of other persons involved in credit rating activities. Section 15E(p)(3)(A) of the Exchange Act requires the SEC to conduct an examination of each NRSRO at least annually and to report on the findings of these examinations (6). Where the SEC has established that an NRSRO is in breach of any obligation arising from the relevant regulatory framework, it may adopt a wide range of supervisory measures in order to stop the infringement. Those measures include the power to withdraw the registration, to suspend the use of ratings for regulatory purposes and to order the credit rating agencies to stop the infringement. The SEC can also impose severe penalties on credit rating agencies for breaches of the relevant requirements. Therefore, NRSROs are subject to effective supervision and enforcement on an ongoing basis. The cooperation agreement concluded between ESMA and the SEC provides for information exchange with regard to enforcement and supervisory measures taken against cross border CRAs.
EN Official Journal of the European Union L 257/20

COUNCIL IMPLEMENTING DECISION 2012/516/CFSP

of 24 September 2012

implementing Decision 2012/285/CFSP concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union,

Having regard to Council Decision 2012/285/CFSP (1), and in particular Article 3 thereof,

Whereas:

(1) On 31 May 2012, the Council adopted Decision 2012/285/CFSP.

(2) Following a decision by the United Nations Security Council (UNSC) Committee established pursuant to UNSC Resolution 2048 (2012), six persons should be removed from the list set out in Annex II to Council Decision 2012/285/CFSP and should be included in the list set out in Annex I to that Decision. It is also necessary to amend the entries for those persons.

(3) The lists set out in Annexes I and II to Decision 2012/285/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The persons listed in the Annex to this Decision shall be deleted from the list set out in Annex II to Decision 2012/285/CFSP. Those persons shall be added to the list set out in Annex I to Decision 2012/285/CFSP and the corresponding entries shall be amended as set out in the Annex to this Decision.

Article 2

This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

Done at Brussels, 24 September 2012. For the Council The President A. D. MAVROYIANNIS

(1) OJ L 142, 1.6.2012, p. 36.
EN Official Journal of the European Union L 302/13

COMMISSION DECISION

of 29 October 2012

on extending the availability period of the European Union macro-financial assistance to Bosnia and Herzegovina

(2012/674/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Decision 2009/891/EC of 30 November 2009 providing macro-financial assistance to Bosnia and Herzegovina (1), and in particular to Article 1(4),

Whereas:

(1) The availability of the European Union macro-financial assistance to Bosnia and Herzegovina, according to the above mentioned Decision 2009/891/EC, expires on 7 November 2012.

(2) Article 1(4) of Decision 2009/891/EC foresees the possibility for the Commission to extend the availability period by a maximum of one year.

(3) The availability period should be extended by one year in order to complete the financial assistance programme.

(4) The Economic and Financial Committee has been duly consulted on this extension,

HAS ADOPTED THIS DECISION:

Article 1

The availability period of the macro-financial assistance to Bosnia and Herzegovina is extended by one additional year, until 7 November 2013.

Article 2

This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

Done at Brussels, 29 October 2012. For the Commission The President José Manuel BARROSO

(1) OJ L 320, 5.12.2009, p. 6.
EN Official Journal of the European Union L 287/11

COUNCIL DECISION

of 16 October 2012

appointing a German member of the Committee of the Regions

(2012/647/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,

Having regard to the proposal of the German Government,

Whereas:

(1) On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

(2) A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Ms Petra ROTH,

HAS ADOPTED THIS DECISION:

Article 1

The following is hereby appointed as member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

— Ms Dagmar MÜHLENFELD, Oberbürgermeisterin der Stadt Mülheim an der Ruhr.

Article 2

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

Done at Luxembourg, 16 October 2012. For the Council The President A. D. MAVROYIANNIS

(1) OJ L 348, 29.12.2009, p. 22.

(2) OJ L 12, 19.1.2010, p. 11.
EN Official Journal of the European Union L 310/51

COUNCIL DECISION

of 7 November 2012

appointing a United Kingdom member of the European Economic and Social Committee

(2012/695/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,

Having regard to the proposal of the United Kingdom Government,

Having regard to the opinion of the European Commission,

Whereas:

(1) On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).

(2) A member’s seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Sukhdev SHARMA,

HAS ADOPTED THIS DECISION:

Article 1

Mr Richard BALFE 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 2015.

Article 2

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

Done at Brussels, 7 November 2012. For the Council The President A. D. MAVROYIANNIS

(1) OJ L 251, 25.9.2010, p. 8.
EN Official Journal of the European Union L 327/56

COMMISSION IMPLEMENTING DECISION

of 23 November 2012

amending Decision 2008/866/EC, on emergency measures suspending imports from Peru of certain bivalve molluscs intended for human consumption, as regards its period of application

(notified under document C(2012) 8459)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 53(1)(b)(i) thereof,

Whereas:

(1) Regulation (EC) No 178/2002 lays down the general principles governing food and feed in general, and food and feed safety in particular, at Union and national level. It provides for emergency measures where there is evidence that food or feed imported from a third country is likely to constitute a serious risk to human health, animal health or the environment, and that such risk cannot be contained satisfactorily by means of measures taken by the Member State(s) concerned.

(2) Commission Decision 2008/866/EC of 12 November 2008 on emergency measures suspending imports from Peru of certain bivalve molluscs intended for human consumption (2) was adopted following an outbreak of hepatitis A in humans related to the consumption of bivalve molluscs imported from Peru contaminated with hepatitis A virus (HAV). That Decision initially applied until 31 March 2009 but this period of application was extended until 30 November 2012 by Commission Implementing Decision 2011/723/EU (3).

(3) A Commission audit was carried out in June 2011. The inspectors concluded that a well implemented control system and monitoring plan are in place and improvements have been noted since the former inspection visit in 2009.

(4) The Peruvian competent authority presented an action plan in response to the recommendations included in the final report of the abovementioned audit. However, the monitoring system for virus detection in live bivalve molluscs is not fully implemented yet, hence the possible contamination of live bivalve mollusc with Hepatitis A virus could not be excluded. In addition, the testing method for HAV is still under validation.

(5) The limit of application of Decision 2008/866/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

In Article 5 of Decision 2008/866/EC, the date ‘30 November 2012’ is replaced by the date ‘30 November 2013’.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 23 November 2012. For the Commission Maroš ŠEFČOVIČ Vice-President

(1) OJ L 31, 1.2.2002, p. 1.

(2) OJ L 307, 18.11.2008, p. 9.

(3) OJ L 288, 5.11.2011, p. 26.
EN Official Journal of the European Union L 342/45

COUNCIL DECISION

of 11 December 2012

appointing a Dutch member and a Dutch alternate member of the Committee of the Regions

(2012/779/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,

Having regard to the proposal of the Dutch Government,

Whereas:

(1) On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

(2) A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr C.H.J. (Cor) LAMERS.

(3) An alternate member’s seat has become vacant following the end of the term of office of Mr F. (Frank) de VRIES,

HAS ADOPTED THIS DECISION:

Article 1

The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

(a) as member: — Mr C.H.J. (Cor) LAMERS, Burgemeester (mayor) of the municipality of Schiedam; and

(b) as alternate member: — Ms J.H.M. (Jon) HERMANS-VLOEDBELD, Burgemeester (mayor) of the municipality of Almelo.

Article 2

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

Done at Brussels, 11 December 2012. For the Council The President A. D. MAVROYIANNIS

(1) OJ L 348, 29.12.2009, p. 22.

(2) OJ L 12, 19.1.2010, p. 11.
EN Official Journal of the European Union L 352/56

COMMISSION IMPLEMENTING DECISION

of 19 December 2012

amending Decision 90/184/Euratom, EEC authorising Denmark not to take into account certain categories of transactions and to use certain approximate estimates for the calculation of the VAT own resources base

(notified under document C(2012) 9538)

(Only the Danish text is authentic)

(2012/814/EU, Euratom)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to the Treaty establishing the European Atomic Energy Community,

Having regard to Council Regulation (EEC, Euratom) No 1553/89 of 29 May 1989 on the definitive uniform arrangements for the collection of own resources accruing from value added tax (1), and in particular Article 13 thereof,

Whereas:

(1) Under Article 371 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (2), Member States which, at 1 January 1978, exempted the transactions listed in Annex X, Part B, may continue to exempt those transactions, in accordance with the conditions applying in the Member State concerned on that date; these transactions must be taken into account for the determination of the VAT resources base.

(2) In the case of Denmark, the Commission, on the basis of Regulation (EEC, Euratom) No 1553/89, adopted Decision 90/184/Euratom, EEC (3) authorising Denmark, with effect from 1 January 1989, not to take into account certain categories of transactions and to use certain approximate estimates for the calculation of the VAT own resources base.

(3) Since 1 January 1995, Denmark has taxed the transactions referred to in point 2 of Annex X, Part B to Directive 2006/112/EC; the authorisation granted in this connection should be discontinued with effect from that date.

(4) The Commission invited Denmark to verify whether those authorisations granted to Denmark with no explicit limitation in time, were still needed and to confirm this to the Commission; Denmark confirmed that one authorisation not to take into account the transactions mentioned in point 2 of Annex X, Part B to Directive 2006/112/EC was obsolete.

(5) For the sake of clarity and transparency of Union rules, provisions that have become obsolete or have ceased to have effect should be repealed.

(6) The measures provided for in this Decision are in accordance with the opinion of the Advisory Committee on Own Resources,

HAS ADOPTED THIS DECISION:

Article 1

Article 1 of Decision 90/184/Euratom, EEC is hereby deleted.

Article 2

This Decision is addressed to the Kingdom of Denmark.

Done at Brussels, 19 December 2012. For the Commission Janusz LEWANDOWSKI Member of the Commission

(1) OJ L 155, 7.6.1989, p. 9.

(2) OJ L 347, 11.12.2006, p. 1.

(3) OJ L 99, 19.4.1990, p. 37.