ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 345/90

COMMISSION DECISION

of 15 December 2008

amending Council Directive 2002/56/EC as regards the date laid down in Article 21(3) until which Member States are authorised to extend the validity of decisions concerning equivalence of seed potatoes from third countries

(notified under document number C(2008) 8135)

(Text with EEA relevance)

(2008/973/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2002/56/EC of 13 June 2002 on the marketing of seed potatoes (1), and in particular the second subparagraph of Article 21(3) thereof,

Whereas:

(1) Directive 2002/56/EC provides that, with effect from certain dates, Member States may no longer determine for themselves the equivalence of seed potatoes harvested in third countries with seed potatoes harvested within the Community and complying with that Directive.

(2) However, as work to establish a Community equivalence for seed potatoes from all the third countries concerned had not been completed, Directive 2002/56/EC permitted Member States to extend until 31 March 2008 the validity of equivalence decisions which they had already taken for seed potatoes from certain third countries not covered by a Community equivalence. This date was chosen by reference to the end of the period where seed potatoes are placed on the market.

(3) Since this work still has not been completed and as a new marketing season will start by the end of the year 2008, it is necessary to authorise Member States to extend the validity of their national equivalence decisions.

(4) Directive 2002/56/EC should therefore be amended accordingly.

(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

In the first subparagraph of Article 21(3) of Directive 2002/56/EC, ‘31 March 2008’ is replaced by ‘31 March 2011’.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 15 December 2008. For the Commission Androulla VASSILIOU Member of the Commission

(1) OJ L 193, 20.7.2002, p. 60.
EN Official Journal of the European Union L 23/27

COUNCIL DECISION

of 21 January 2008

regarding the position to be taken by the Community within the International Cocoa Council on the extension of the International Cocoa Agreement, 2001

(2008/76/EC)

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), second subparagraph, thereof,

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

Whereas:

(1) The International Cocoa Agreement of 2001 was signed and concluded on behalf of the European Community on 18 November 2002 by Council Decision 2002/970/EC (2).

(2) Under the provisions of Article 63(1) and (3), the International Cocoa Agreement of 2001 is due to expire on 30 September 2008 unless it is extended beyond that date by decision of the International Cocoa Council for one or two periods not exceeding four years in total.

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

(4) The European Community’s position in the International Cocoa Council should be determined,

HAS DECIDED AS FOLLOWS:

Sole Article

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

Done at Brussels, 21 January 2008. For the Council The President I. JARC

(1) OJ C 4, 9.1.2008, p. 6.

(2) OJ L 342, 17.12.2002, p. 1.
(83)

A further examination of the Eurostat data concerning imports from Japan confirmed that it did not include any products other than PVA and that, hence, the data were not inflated by more expensive products. Further, as was already indicated in the complaint, the Japanese PVA imports included certain limited quantities of PVA other than the like product, with probably significantly higher unit prices. In the average value computed for Japanese imports, based on the statistical data, the price influence of these other PVA-grades could not be neutralised as these data do not distinguish the like product from other PVA-grades. However, taking into account the approximate volumes of such imports, based on the data in the complaint, and in view of the average price computed for all Japanese PVA imports during the IP, it had been established that it would be very unlikely that the exclusion of the PVA grades not falling under the product definition would result in an average CIF Community frontier price of the like product, which would undercut the Community sales price level during the IP. Moreover, around 25 % of the Japanese imports during the IP could be verified and they concerned PVA grades falling under the product scope. These sales were made to related parties, i.e. at transfer prices, and it had been found that the resale prices of these purchases to the first independent customers in the Community were on average 8 to 10 % above the prices that the Community industry could obtain. It was consequently concluded and it is maintained that there are no indications that Japanese imports of PVA, during the IP, have undercut the Community industry prices and, therefore, they are not considered to have contributed to the injury suffered by the Community industry.
EN Official Journal of the European Union L 107/32

COMMISSION DECISION

of 5 March 2008

establishing the standard document for the supervision and control of shipments of radioactive waste and spent fuel referred to in Council Directive 2006/117/Euratom

(notified under document number C(2008) 793)

(2008/312/Euratom)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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

Having regard to Council Directive 2006/117/Euratom of 20 November 2006 on the supervision and control of shipments of radioactive waste and spent fuel (1), and in particular Article 17(2) thereof,

After having obtained the opinion of the Advisory Committee established in accordance with the procedure laid down in Article 21,

Whereas:

(1) The Commission is required to establish a new standard document to be used for the shipments of radioactive waste and spent fuel within the scope of Directive 2006/117/Euratom.

(2) The new standard document is required to apply to shipments of radioactive waste and spent fuel between Member States, as well as to imports into and exports out of the Community of such radioactive waste/spent fuel and to its transit through the Community from a third country to another third country.

(3) The measures provided for in this Decision are in line with the opinion of the Advisory Committee established in accordance with the procedure laid down in Article 21,

HAS ADOPTED THIS DECISION:

Article 1

The standard document set out in the Annex shall be used in respect of any shipments of radioactive waste or spent fuel between Member States or into, out of and through the Community within the scope of Directive 2006/117/Euratom.

Article 2

The standard document shall be made available in electronic form, in the format presented by the Commission.

Article 3

Member States shall take the measures necessary to comply with this Decision not later than 25 December 2008.

Article 4

Commission Decision 93/552/Euratom (2) shall be repealed.

Article 5

This Decision is addressed to the Member States.

Done at Brussels, 5 March 2008. For the Commission Andris PIEBALGS Member of the Commission

(1) OJ L 337, 5.12.2006, p. 21.

(2) JO L 268, 29.10.1993, p. 83.
2.

point 1.2.1 shall be replaced by the following: ‘1.2.1. Strategy to avoid and reduce breakdown-related disruption If the system breaks down, operation must be resumed within 24 hours. To ensure that operations are resumed, the following minimum undertakings apply: — the Schengen States are required to have a service contract guaranteeing repairs to, and/or replacement of, hardware and software, — the Schengen States are required to have a backup system, — the Schengen States are required to equip their MTA with a preventative peripheral device to compensate any power malfunctions, — the Schengen States are required to guarantee that MTA and applications hardware and software are not cut off for any reason other than breakdown or maintenance. In case of regular maintenance, such as database backups, the maintenance slot shall not exceed a maximum of two hours, — the Schengen States are to guarantee the availability of sufficient personnel during working hours to ensure operation of the MTA at the best possible rate, — the Schengen States are required to distinguish clearly between the test environment and the operational environment; adapting the test environment should not affect the operational equipment and vice versa, — adaptations to the Schengen Consultation Network should always be tested in the test environment before being used in the operational environment. In addition the system must be able to cope with the following amounts of data: — store the equivalent of two days operations, i.e. a maximum of 100 Megabytes, — send up to 30 000 messages and 30 000 delivery reports per day, — receive up to 30 000 messages and 30 000 delivery reports per day. In addition, each Schengen State must distinguish between “retransmitting” and “resending as a new message”. The term “re-send” in the next chapters (especially 1.2.2) covers both cases, but the following distinction must be made: — “retransmitting” means sending again the same message, usually subject to retransmission parameters of the MTA (e.g. sendmail, MS-Exchange, Lotus Notes). After each retransmission there are no more messages in the system, the first message is just transmitted again; — “resending as a new message” means that a new message with the same content is prepared. The destination point might receive two different messages, but with the same content, if the first one was held in a queue somewhere. Schengen States are invited to use the first possibility (retransmitting) wherever possible, to avoid the unnecessary multiplying of messages in the system.’
EN Official Journal of the European Union L 162/30

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 5 June 2008

on the mobilisation of the EU Solidarity Fund in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management

(2008/469/EC)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 26 thereof,

Having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (2),

Having regard to the proposal from the Commission,

Whereas:

(1) The European Union has created a European Union Solidarity Fund (‘the Fund’) to show solidarity with the population of regions struck by disasters.

(2) The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the Fund within the annual ceiling of EUR 1 billion.

(3) Regulation (EC) No 2012/2002 contains the provisions whereby the Fund may be mobilised.

(4) Greece submitted an application to mobilise the Fund, concerning a disaster caused by forest fires in August 2007.

(5) Slovenia submitted an application to mobilise the Fund, concerning a disaster caused by flooding in September 2007,

HAVE DECIDED AS FOLLOWS:

Article 1

For the general budget of the European Union for the financial year 2008, the European Union Solidarity Fund shall be mobilised to provide the sum of EUR 98 023 212 in commitment and payment appropriations.

Article 2

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

Done at Strasbourg, 5 June 2008. For the European Parliament The President H.-G. PÖTTERING For the Council The President J. LENARČIČ

(1) OJ C 139, 14.6.2006, p. 1. Agreement as last amended by Decision 2008/371/EC of the European Parliament and of the Council (OJ L 128, 16.5.2008, p. 8).

(2) OJ L 311, 14.11.2002, p. 3.
EN Official Journal of the European Union L 16/11

COUNCIL DECISION

of 19 January 2009

appointing one Danish member and two Danish alternate members of the Committee of the Regions

(2009/40/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 of the Danish Government,

Whereas:

(1) On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

(2) A member's seat on the Committee of the Regions has become vacant following the resignation of Ms Eva NEJSTGAARD. Two alternate members′ seats on the Committee of the Regions have become vacant following the resignation of Mr Bjørn DAHL and the expiry of the mandate of Ms Anna Margrethe KAALUND,

HAS DECIDED AS FOLLOWS:

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 2010:

(a) as a member: — Mr Jens Jørgen NYGAARD, 1. Viceborgmester, Egedal Kommune;

(b) as alternate members: — Ms Anna Margrethe KAALUND, Byrådsmedlem, Viborg Kommune (change of mandate), — Mr Jens STENBÆK, Viceborgmester, Holbæk Kommune.

Article 2

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

Done at Brussels, 19 January 2009. For the Council The President P. GANDALOVIČ

(1) OJ L 56, 25.2.2006, p. 75.
EN Official Journal of the European Union L 49/15

COUNCIL DECISION

of 19 February 2009

extending the period of application of the measures in Decision 2002/148/EC concluding consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement

(2009/144/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000 (1) and revised in Luxembourg on 25 June 2005 (2),

Having regard to the Internal Agreement between the representatives of the governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement (3), and in particular Article 3 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) By Council Decision 2002/148/EC (4), the consultations with the Republic of Zimbabwe under Article 96(2)(c) of the ACP-EC Partnership Agreement were concluded and appropriate measures, as specified in the Annex to that Decision, were taken.

(2) By Decision 2008/158/EC (5), the application of the measures referred to in Article 2 of Decision 2002/148/EC, which had been extended until 20 February 2004 by Article 1 of Decision 2003/112/EC (6), until 20 February 2005 by Article 1 of Decision 2004/157/EC (7), until 20 February 2006 by Article 1 of Decision 2005/139/EC (8), until 20 February 2007 by Article 1 of Decision 2006/114/EC (9) and until 18 February 2008 by Article 1 of Decision 2007/127/EC (10), was extended for a further period of 12 months until 20 February 2009.

(3) The essential elements cited in Article 9 of the ACP-EC Partnership Agreement continue to be violated by the Government of Zimbabwe, and the current conditions in Zimbabwe do not ensure respect for human rights, democratic principles and the rule of law.

(4) The period of application of the measures should therefore be extended,

HAS DECIDED AS FOLLOWS:

Article 1

The period of application of the measures referred to in Article 2 of Decision 2002/148/EC shall be extended until 20 February 2010. The measures shall be kept under constant review.

The letter in the Annex to this Decision shall be addressed to the President of Zimbabwe.

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, 19 February 2009. For the Council The President M. ŘÍMAN

(1) OJ L 317, 15.12.2000, p. 3.

(2) OJ L 209, 11.8.2005, p. 26.

(3) OJ L 317, 15.12.2000, p. 376.

(4) OJ L 50, 21.2.2002, p. 64.

(5) OJ L 51, 26.2.2008, p. 19.

(6) OJ L 46, 20.2.2003, p. 25.

(7) OJ L 50, 20.2.2004, p. 60.

(8) OJ L 48, 19.2.2005, p. 28.

(9) OJ L 48, 18.2.2006, p. 26.

(10) OJ L 53, 22.2.2007, p. 23.
EN Official Journal of the European Union L 72/5

COUNCIL DECISION

of 16 March 2009

appointing one Italian member of the Committee of the Regions

(2009/242/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 of the Italian Government,

Whereas:

(1) On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

(2) One member’s seat on the Committee of the Regions has become vacant following the expiry of the mandate of Mr Ottaviano DEL TURCO,

HAS DECIDED AS FOLLOWS:

Article 1

The following is hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2010:

Mr Giovanni CHIODI, Presidente della Regione Abruzzo.

Article 2

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

Done at Brussels, 16 March 2009. For the Council The President L. CHATEL

(1) OJ L 56, 25.2.2006, p. 75.
EN Official Journal of the European Union L 56/15

COUNCIL DECISION

of 26 February 2009

amending the Decision of 27 March 2000 authorising the Director of Europol to enter into negotiations on agreements with third States and non-EU-related bodies

(2009/167/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Article 42(2), Article 10(4) and Article 18 of the Convention on the establishment of a European Police Office (Europol Convention) (1),

Having regard to the Council Act of 3 November 1998 laying down rules governing Europol’s external relations with third States and non-European Union related bodies (2), and in particular Article 2 of that Act,

Having regard to the Council Act of 3 November 1998 laying down rules concerning the receipt of information by Europol from third parties (3), and in particular Article 2 of that Act,

Having regard to the Council Act of 12 March 1999 adopting the rules governing the transmission of personal data by Europol to third States and third bodies (4), and in particular Articles 2 and 3 of that Act,

Whereas:

(1) On 27 March 2000 the Council adopted the Decision authorising the Director of Europol to enter into negotiations on agreements with third States and non-EU-related bodies (5).

(2) There are operational interests that require that India be added to the list of third States with which the Director of Europol is authorised to start negotiations.

(3) The Decision of 27 March 2000 should therefore be amended accordingly,

HAS DECIDED AS FOLLOWS:

Article 1

The Decision of 27 March 2000 is hereby amended as follows:

In Article 2(1), under the heading ‘Third States’, the following State shall be added to the alphabetical list:

‘— India’.

Article 2

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

Article 3

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

Done at Brussels, 26 February 2009. For the Council The President I. LANGER

(1) OJ C 316, 27.11.1995, p. 2.

(2) OJ C 26, 30.1.1999, p. 19.

(3) OJ C 26, 30.1.1999, p. 17.

(4) OJ C 88, 30.3.1999, p. 1.

(5) OJ C 106, 13.4.2000, p. 1.
EN Official Journal of the European Union L 92/3

COUNCIL DECISION

of 30 March 2009

concerning the renewal of the Agreement on cooperation in science and technology between the European Community and the Government of the Russian Federation

(2009/313/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the second paragraph of Article 170, in conjunction with the first sentence of the first subparagraph of Article 300(2), and the first subparagraph of Article 300(3),

Having regard to the proposal from the Commission,

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

Whereas:

(1) By Decision 2000/742/EC (2), the Council approved the conclusion of the Agreement on cooperation in science and technology between the European Community and the Government of the Russian Federation (hereinafter the Agreement).

(2) Article 12(b) of the Agreement provides, in particular, that the Agreement is renewable by common agreement between the Parties for additional periods of five years.

(3) By Decision 2003/798/EC (3), the Council approved the renewal of the Agreement for a first additional period of five years.

(4) At a meeting of the Joint Community-Russia Committee on cooperation in the field of science and technology held in Brussels on 28 June 2007, both Parties to the Agreement expressed their agreement to renew it for a further five years. The Parties consider that rapid renewal of the Agreement would be in their mutual interest. Furthermore, at a meeting of the European Union-Russia Cooperation Council on 26 May 2008, both Parties agreed to undertake the necessary steps with a view to renewing the Agreement.

(5) The content of the renewed Agreement will be identical to the content of the Agreement which expires on 20 February 2009.

(6) The renewal of the Agreement should be approved on behalf of the Community,

HAS DECIDED AS FOLLOWS:

Article 1

The renewal for an additional period of five years of the Agreement on cooperation in science and technology between the European Community and the Government of the Russian Federation is hereby approved on behalf of the Community.

Article 2

The President of the Council shall, acting on behalf of the Community and in accordance with Article 12 of the Agreement, give notification to the Government of the Russian Federation that the Community has completed its internal procedures necessary for the entry into force of the renewed Agreement (4).

Article 3

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

Done at Brussels, 30 March 2009. For the Council The President P. BENDL

(1) Opinion delivered on 3 February 2009. (Not yet published in the Official Journal).

(2) OJ L 299, 28.11.2000, p. 14.

(3) OJ L 299, 18.11.2003, p. 20.

(4) The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.