ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 196/25

POLITICAL AND SECURITY COMMITTEE DECISION BiH/9/2006

of 27 June 2006

on the appointment of an EU Force Commander for the European Union Military Operation in Bosnia and Herzegovina

(2006/497/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular Article 25, third paragraph, thereof,

Having regard to the Council Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina (1), and in particular Article 6 thereof,

Whereas:

(1) Pursuant to Article 6 of Joint Action 2004/570/CFSP the Council authorised the Political and Security Committee (PSC) to take further decisions on the appointment of the EU Force Commander.

(2) According to PSC Decision BiH/6/2005, Major General Gian Marco CHIARINI was appointed EU Force Commander for the European Union military operation in Bosnia and Herzegovina.

(3) The EU Operation Commander has recommended the appointment of Rear Admiral Hans Jochen WITTHAUER as the new EU Force Commander for the European Union military operation in Bosnia and Herzegovina.

(4) The EU Military Committee has supported the nomination.

(5) In conformity with Article 6 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not participate in the elaboration and implementation of decisions and actions of the European Union which have defence implications.

(6) The Copenhagen European Council adopted on 12 and 13 December 2002 a Declaration stating that the ‘Berlin plus’ arrangements and the implementation thereof will apply only to those EU Member States which are also either NATO members or parties to the ‘Partnership for Peace’, and which have consequently concluded bilateral security agreements with NATO,

HAS DECIDED AS FOLLOWS:

Article 1

Rear Admiral Hans-Jochen WITTHAUER is hereby appointed EU Force Commander for the European Union military operation in Bosnia and Herzegovina.

Article 2

This Decision shall take effect on 5 December 2006.

Done at Brussels, 27 June 2006. For the Political and Security Committee The Chairperson F.J. KUGLITSCH

(1) OJ L 252, 28.7.2004, p. 10.
EN Official Journal of the European Union L 246/7

COMMISSION DECISION

of 6 September 2006

on a financial contribution from the Community towards the eradication of Newcastle disease in the United Kingdom in 2005

(notified under document number C(2006) 3918)

(Only the English text is authentic)

(2006/602/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), and in particular Articles 3 and 4 thereof,

Whereas:

(1) With a view to helping to eradicate Newcastle disease as rapidly as possible, the Community may contribute financially to eligible expenditure borne by the Member State, as provided for in Article 4(2) of Decision 90/424/EEC.

(2) Payment of Community financial support towards emergency measures to combat Newcastle disease is subject to the rules laid down in Commission Regulation (EC) No 349/2005 of 28 February 2005 laying down rules on the Community financing of emergency measures and of the campaign to combat certain animal diseases under Council Decision 90/424/EEC (2).

(3) Outbreaks of Newcastle disease occurred in the United Kingdom in 2005. The emergence of this disease represents a serious risk to the Community's livestock population.

(4) On 15 December 2005, the United Kingdom submitted a final rough estimate of the costs incurred in taking measures to eradicate the disease.

(5) The British authorities have fully complied with their technical and administrative obligations as set out in Article 3 of Decision 90/424/EEC and Article 6 of Regulation (EC) No 349/2005.

(6) The payment of the Community financial contribution must be subject to the condition that the planned activities were actually implemented and that the authorities provide all the necessary information within the set deadlines.

(7) 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

Granting of a financial contribution from the Community to the United Kingdom

1. The United Kingdom may obtain a financial contribution from the Community towards the costs incurred in taking emergency measures to combat Newcastle disease in 2005.

2. The financial contribution from the Community shall be 50 % of the expenditure eligible for Community funding. It shall be paid under the conditions provided for in Regulation (EC) No 349/2005.

Article 2

Recipients

This Decision is addressed to the United Kingdom.

Done at Brussels, 6 September 2006. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 224, 18.8.1990, p. 19. Decision as last amended by Commission Decision 2006/53/EC (OJ L 29, 2.2.2006, p. 37).

(2) OJ L 55, 1.3.2005, p. 12.
EN Official Journal of the European Union C 242/17

Commission Decision declaring that the measure notified by the Czech Republic, under the interim mechanism pursuant to Annex IV.3 of the Act of Accession, is not applicable after accession — State aids

(2006/C 242/12)

(Text with EEA relevance)

Date of adoption of the decision:

Member State: The Czech Republic

Aid No: State aid No CZ 53/2003

Title: Banka Haná, a.s.

Objective: Aid to the banking sector

Other information: Commission decision declaring that the measures in favour of Banka Haná, a.s., notified by the Czech Republic under the interim mechanism pursuant to Annex IV.3 of the Accession Act, is not applicable after accession.

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

Date of adoption of the decision:

Member State: The Czech Republic

Aid No: State aid No CZ 54/03

Title: Foresbank, a.s.

Objective: Aid to the banking sector

Other information: Commission decision declaring that the measures in favour of Foresbank, a.s., notified by the Czech Republic under the interim mechanism pursuant to Annex IV.3 of the Accession Act, are not applicable after accession.

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/
(110)

In conclusion, dumped imports may have exerted a downward pressure on the Community industry’s sales prices throughout the period 2002 to the IP and may have had some consequent negative impact on the overall situation of the Community industry. However, as noted in recitals 108 and 109, the situation of the Community industry, which was still showing mixed signals in the years preceding the IP, suddenly and dramatically worsened during the IP. Before the IP, the profitability of the Community industry was still above 10 %. Likewise, most injury indicators were still showing positive developments up until the IP. Between 2002 and 2004, production capacity increased by 23 %, the production volume rose by 20 %, the volume of sales of the Community industry to the Community market rose by 22 % and the market share held by the Community industry rose from around 28 % to around 32 %, at a time when the market was still growing. It is also recalled that the Community industry reached its highest profitability in 2002 and 2003, when its market share was the smallest and when the volume of dumped imports was at its highest level. Community industry’s profitability went down in the IP, when its market share reached its peak and, importantly, at a time when the presence of dumped imports actually declined in terms of both volumes and market share (see recital 106) and when the prices of dumped imports recovered. On the other hand, the only new element in the environment of the Community industry during the IP was the sharp drop in demand by 20 %. Therefore, the absence of a clear coincidence in time between the deterioration of the situation of the Community industry and the effects of the dumped imports casts serious doubts on the correlation between the development of imports and the situation of the Community industry. Therefore, it cannot be concluded that the dumped imports had played a determining role in the injurious situation of the Community industry.
EN Official Journal of the European Union C 298/1

COUNCIL DECISION

of 7 November 2006

regarding the position to be taken by the Community within the International Tropical Timber Council on the extension of the International Agreement on Tropical Timber, 1994

(2006/C 298/01)

THE COUNCIL OF THE EUROPEAN UNION,

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

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

Whereas:

(1) The International Agreement on Tropical Timber of 1994 has been signed and provisionally applied by the Community by Council Decision 96/493/EC (2).

(2) The successor Agreement to the International Tropical Timber Agreement of 1994 was successfully concluded within UNCTAD in January 2006.

(3) The International Tropical Timber Agreement of 1994 remains in force until 31 December 2006 unless, in accordance with the provisions of Article 46(3), it is extended beyond that date by decision of the International Tropical Timber Council until such time as the successor Agreement enters into force.

(4) The extension of that Agreement is in the interest of the Community.

(5) The European Community's position in the International Tropical Timber Council should be established,

HAS DECIDED AS FOLLOWS:

Article 1

The European Community's position within the International Tropical Timber Council shall be to vote in favour of extending of the International Agreement on Tropical Timber, 1994, until the provisional or definitive entry into force of the successor Agreement of 2006.

Article 2

The European Community will seek for an International Tropical Timber Council decision aiming at limiting the duration of the extension of the International Agreement on Tropical Timber, 1994 or establishing a review clause.

Done at Brussels, 7 November 2006. For the Council The President E. HEINÄLUOMA

(1) Doc. 12953/06 — COM(2006)469 final

(2) OJ L 208, 17.8.1996, p. 1.
EN Official Journal of the European Union L 335/46

COUNCIL DECISION 2006/865/CFSP

of 28 November 2006

implementing Joint Action 2005/824/CFSP on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Joint Action 2005/824/CFSP of 24 November 2005 on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH) (1), and in particular, Article 11(2) thereof in conjunction with the second indent of Article 23(2) of the Treaty on European Union,

Whereas:

(1) On 24 November 2005 the Council adopted Joint Action 2005/824/CFSP establishing that the EUPM is to be continued until 31 December 2007. The financial reference amount for 2007 is to be decided on an annual basis.

(2) The mandate of the EUPM will be implemented in the context of a situation which may deteriorate and could harm the objectives of the Common Foreign and Security Policy as set out in Article 11 of the Treaty,

HAS DECIDED AS FOLLOWS:

Article 1

1. The financial reference amount intended to cover the expenditure related to the implementation of Joint Action 2005/824/CFSP shall be EUR 12 150 000 for 2007.

2. The expenditure financed by the amount referred to in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the general budget of the European Union, with the exception that any pre-financing shall not remain the property of the Community.

3. Expenditure shall be eligible from 21 November 2006.

Article 2

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

Article 3

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

Done at Brussels, 28 November 2006. For the Council The President E. HEINÄLUOMA

(1) OJ L 307, 25.11.2005, p. 55.
2.

Article 11 is replaced by the following: ‘Article 11 Derogations for meat, minced meat, meat preparations, mechanically separated meat and meat products 1. By way of derogation from Article 6(e), the affected Member State may authorise the dispatch from the control area for placing on the market or export to third countries of the following meat: (a) fresh meat from poultry, including meat of farmed feathered game, that was: (i) produced in accordance with Annex II and Sections II and III of Annex III to Regulation (EC) No 853/2004; and (ii) controlled in accordance with Sections I, II, III, and Chapters V(A)(1) and VII of Section IV of Annex I to Regulation (EC) No 854/2004; (b) minced meat, meat preparations, mechanically separated meat and meat products containing meat referred to in point (a) and produced in accordance with Sections V and VI of Annex III to Regulation (EC) No 853/2004; (c) meat products that have undergone the treatment specified for avian influenza in Table 1(a), (b) or (c) of Annex III to Directive 2002/99/EC; (d) fresh meat, minced meat, mechanically separated meat from poultry, farmed feathered game and wild feathered game taken from the wild in the area before the control area was established, and meat preparations and meat products containing such meat, produced in establishments in the control area. 2. By way of derogation from Article 6(e), the affected Member State may authorise the dispatch from the control area onto the national market of fresh meat, minced meat and mechanically separated meat from poultry or farmed feathered game originating in the control area, and meat preparations and meat products containing such meat, provided such meat complies with the following conditions: (a) it is marked: (i) either with the special identification mark as provided for in Annex II to Directive 2002/99/EC, or (ii) in accordance with Article 2 of Decision 2007/118/EC; and (b) it has been obtained, cut, stored and transported separately from other meat from poultry or farmed feathered game and is not introduced into meat preparations or meat products destined for dispatch to other Member States or for exports to third countries.’
EN Official Journal of the European Union L 43/40

COMMISSION DECISION

of 14 February 2007

amending Decision 2005/393/EC as regards restricted zones in relation to bluetongue

(notified under document number C(2007) 416)

(Text with EEA relevance)

(2007/101/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and eradication of bluetongue (1), and in particular Article 8(3)thereof,

Whereas:

(1) Directive 2000/75/EC lays down control rules and measures to combat bluetongue in the Community, including the establishment of protection and surveillance zones and a ban on animals leaving those zones.

(2) Commission Decision 2005/393/EC of 23 May 2005 on protection and surveillance zones in relation to bluetongue and conditions applying to movements from or through these zones (2) provides for the demarcation of the global geographic areas where protection and surveillance zones (the restricted zones) are to be established by the Member States in relation to bluetongue.

(3) On 7 December 2006 Portugal informed the Commission of evidence of virus circulation in a number of new peripheral areas of the restricted zone.

(4) Consequently the restricted zone related to Portugal should be extended taking into account the current meteorological situation in that region.

(5) Decision 2005/393/EC should 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 I to Decision 2005/393/EC is amended in accordance with the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 14 February 2007. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 327, 22.12.2000, p. 74. Directive as last amended by Directive 2006/104/EC (OJ L 363, 20.12.2006, p. 352).

(2) OJ L 130, 24.5.2005, p. 22. Decision as last amended by Decision 2007/28/EC (OJ L 8, 13.1.2007, p. 51).
(3)

Intra-Community trade in ova and embryos complying with the conditions set out in Annex II.C.1 to Decision 2005/393/EC should not require the prior movement approval of the Member State of destination, as no post-collection testing for bluetongue is required, according to the risk assessment carried out by the International Embryo Transfer Society (IETS) and in line with the recommendations of the Office International des Epizooties (OIE) as regards that disease.
EN Official Journal of the European Union L 57/25

COMMISSION DECISION

of 23 February 2007

amending Decision 2006/805/EC as regards classical swine fever control measures in Germany

(notified under document number C(2007) 535)

(Text with EEA relevance)

(2007/137/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (1), and in particular Article 10(4) thereof,

Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to completion of the internal market (2), and in particular Article 9(4) thereof,

Whereas:

(1) Commission Decision 2006/805/EC of 24 November 2006 concerning animal health control measures relating to classical swine fever in certain Member States (3) was adopted in response to outbreaks of classical swine fever in certain Member States. That Decision establishes certain disease control measures concerning classical swine fever in those Member States.

(2) Germany has informed the Commission that the disease situation in certain areas of the federal state of Rhineland-Palatinate has significantly improved. The measures provided for in Decision 2006/805/EC concerning those areas should therefore no longer apply.

(3) Decision 2006/805/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 2006/805/EC is replaced by the text in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 23 February 2007. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 2002/33/EC of the European Parliament and of the Council (OJ L 315, 19.11.2002, p. 14).

(2) OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive 2004/41/EC of the European Parliament and of the Council (OJ L 157, 30.4.2004, p. 33).

(3) OJ L 329, 25.11.2006, p. 67.
EN Official Journal of the European Union L 98/23

COMMISSION DECISION

of 11 April 2007

amending Decision 2005/393/EC as regards restricted zones in relation to bluetongue

(notified under document number C(2007) 1525)

(Text with EEA relevance)

(2007/227/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and eradication of bluetongue (1), and in particular Article 8(3) thereof,

Whereas:

(1) Directive 2000/75/EC lays down control rules and measures to combat bluetongue in the Community, including the establishment of protection and surveillance zones and a ban on animals leaving those zones.

(2) Commission Decision 2005/393/EC of 23 May 2005 on protection and surveillance zones in relation to bluetongue and conditions applying to movements from or through these zones (2) provides for the demarcation of the global geographic areas where protection and surveillance zones (the restricted zones) are to be established by the Member States in relation to bluetongue.

(3) Following the notification of outbreaks of bluetongue in mid-August and early September 2006 by Belgium, Germany, France and the Netherlands, the Commission has amended several times Decision 2005/393/EC as regards the demarcation of the restricted zones concerned.

(4) Following a substantiated request submitted by Germany, it is appropriate to amend the demarcation of the restricted zone in Germany.

(5) Decision 2005/393/EC should 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 I to Decision 2005/393/EC is amended in accordance with the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 11 April 2007. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 327, 22.12.2000, p. 74. Directive as last amended by Directive 2006/104/EC (OJ L 363, 20.12.2006, p. 352).

(2) OJ L 130, 24.5.2005, p. 22. Decision as last amended by Decision 2007/146/EC (OJ L 64, 2.3.2007, p. 37).
‘(c)

in cases where signs of the harmful organism have been found on the plants at the place of production, appropriate procedures have been implemented aiming at eradicating the harmful organism, consisting at least of the following: (i) destruction of the infected plants and all susceptible plants within 2 m radius of the infected plants, including associated growing media and plant debris, (ii) for all susceptible plants within 10 m radius of the infected plants, and any remaining plants from the affected lot: — the plants have been retained at the place of production, — official additional inspections have been carried out at least twice in the three months after the eradication measures have been taken when the plants are in active growth, — while during this three months-period no treatments that may suppress symptoms of the harmful organism have been carried out, — the plants have been found free from the harmful organism in these official inspections, (iii) for all other susceptible plants at the place of production, the plants have been subject to official intensive re-inspection following the finding and have been found free from the harmful organisms in these inspections, (iv) appropriate phytosanitary measures have been taken on the growing surface within a 2 m radius of infected plants.’
2.

Article 7 is replaced by the following: ‘Article 7 Terms of office 1. Members shall be appointed to the Scientific Committees for a term of three years, and may not serve for more than three consecutive terms. In order to safeguard the continuity of the expertise, the Commission may, in exceptional circumstances, prolong the terms of office of the members of a Scientific Committee for a period not exceeding 18 months. Members shall remain in office until they are replaced or their appointments are renewed. Members who have just completed three consecutive terms of office in a Scientific Committee shall be eligible for membership of another Scientific Committee. 2. When it is found that a member does not participate in the work of a Scientific Committee or wishes to resign, the Commission may terminate the member’s membership and appoint a replacement either from the reverse list provided for in Article 4 or, for justified reasons, following a call for expressions of interest.’