ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 305/40

COMMISSION DECISION

of 21 November 2005

authorising the Republic of Lithuania to use certain approximate estimates for the calculation of the VAT own resources base

(notified under document number C(2005) 4429)

(Only the Lithuanian text is authentic)

(2005/819/EC, Euratom)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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 28(3) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (2), hereinafter called ‘the sixth Directive’, the Member States may continue to exempt or tax certain transactions; these transactions must be taken into account for the determination of the VAT resources base.

(2) For the application of the provisions in Article 28(3) of the sixth Directive, paragraph 1 of Section 8 (Taxation) of Annex IX to the Act of Accession of the Republic of Lithuania to the European Communities (3) authorises the Republic of Lithuania to exempt certain transactions listed in Annex F to the sixth Directive.

(3) The Republic of Lithuania is unable to make a precise calculation of the VAT own resources base for certain categories of transactions listed in Annex F to the sixth Directive; such a calculation is likely to involve an unjustified administrative burden in relation to the effect of these transactions on the Republic of Lithuania’s total VAT resources base; the Republic of Lithuania should therefore pursuant to Article 6(3) of Regulation (EEC, Euratom) No 1553/89 be authorised to calculate the VAT base using approximate estimates.

(4) The Advisory Committee on Own Resources has approved the report recording the opinions of its members on this Decision,

HAS ADOPTED THIS DECISION:

Article 1

For the purpose of calculating the VAT own resources base from 1 May 2004, the Republic of Lithuania is authorized, in accordance with the second indent of Article 6(3) of Regulation (EEC, Euratom) No 1553/89, to use approximate estimates in respect of the domestic leg of international passenger transport (Annex F, point 17 to the sixth Directive).

Article 2

This Decision is addressed to the Republic of Lithuania.

Done at Brussels, 21 November 2005. For the Commission Dalia GRYBAUSKAITĖ Member of the Commission

(1) OJ L 155, 7.6.1989, p. 9. Regulation as amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(2) OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive 2004/66/EC (OJ L 168, 1.5.2004, p. 35).

(3) OJ L 236, 23.9.2003, p. 842.
EN Official Journal of the European Union L 326/35

COUNCIL DECISION

of 2 December 2005

concerning the effects of the accession of the Czech Republic and the Republic of Poland to the European Union on the participation of the European Community in the Convention on the International Commission for the Protection of the Oder and the Convention on the International Commission for the Protection of the Elbe

(2005/884/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the 2003 Act of Accession, and in particular Article 57 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) The participation of the European Community in the Convention on the International Commission for the Protection of the Oder (1) and to the Convention on the International Commission for the Protection of the Elbe (2) (hereinafter referred to as the Oder and Elbe Conventions) was necessary because the two Conventions were concluded with third countries and addressed matters covered by Community environmental policy.

(2) As from 1 May 2004, after the accession of the Czech Republic and the Republic of Poland to the European Union, all Contracting Parties to the Oder and Elbe Conventions are Member States of the European Union. Therefore, the basis for the Community’s consent to be bound by such Conventions no longer exists. From this moment, the participation of the Community is no longer necessary or justified.

(3) Moreover, the enlargement of the European Union has had the effect of radically transforming the legal relations between the Contracting Parties. Upon accession, the underlying policy objectives of the Oder and Elbe Conventions may be achieved through the measures laid down in Community legislation.

(4) The 2003 Act of Accession has not specifically provided for this situation and it is therefore necessary to adopt the required measures in accordance with Article 57 thereof, which allows such omissions to be corrected.

(5) It should be therefore made clear that, with effect of the date of accession, the Community is no longer a party to the Oder and Elbe Conventions and that certain transitory measures may need to be taken,

HAS ADOPTED THIS DECISION:

Article 1

1. The European Community has ceased to be a party to the Convention on the International Commission for the Protection of the Oder and to the Convention on the International Commission for the Protection of the Elbe with effect of 1 May 2004.

2. If appropriate, the Commission shall agree with the Czech Republic, the Federal Republic of Germany and the Republic of Poland solutions to any transitory problem which may result from the end of the participation of the Community in the Oder and Elbe Conventions.

Article 2

This Decision is addressed to the Czech Republic, the Federal Republic of Germany and the Republic of Poland.

Done at Brussels, 2 December 2005. For the Council The President M. BECKETT

(1) Decision 1999/257/EC (OJ L 100, 15.4.1999, p. 20).

(2) Decision 91/598/EEC (OJ L 321, 23.11.1991, p. 24).
EN Official Journal of the European Union L 157/9

DECISION OF THE COUNCIL OF THE EUROPEAN UNION

of 25 April 2005

on the admission of the Republic of Bulgaria and Romania to the European Union

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 49 thereof,

Having regard to the opinion of the Commission (1),

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

Whereas the Republic of Bulgaria and Romania have applied to become members of the European Union,

HAS DECIDED:

to accept these applications for admission; the conditions of admission and the adjustments to the Treaties on which the European Union is founded, entailed by such admission, are to be the subject of an agreement between the Member States, the Republic of Bulgaria and Romania.

Done at Luxembourg, 25 April 2005. For the Council The President J. ASSELBORN

(1) Opinion delivered on 22 February 2005 (not yet published in the Official Journal).

(2) Assent given on 13 April 2005 (not yet published in the Official Journal).
EN Official Journal of the European Union L 174/72

COMMISSION DECISION

of 4 July 2005

concerning the non-inclusion of triazamate in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance

(notified under document number C(2005) 1960)

(Text with EEA relevance)

(2005/487/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular the fourth subparagraph of Article 8(2) thereof,

Whereas:

(1) Article 8(2) of Directive 91/414/EEC provides that a Member State may, during a period of 12 years following the notification of that Directive, authorise the placing on the market of plant protection products containing active substances not listed in Annex I to that Directive that are already on the market two years after the date of notification, while those substances are gradually being examined within the framework of a programme of work.

(2) Commission Regulations (EC) No 451/2000 (2) and (EC) No 703/2001 (3) lay down the detailed rules for the implementation of the second stage of the programme of work referred to in Article 8(2) of Directive 91/414/EEC. For the active substance triazamate the notifier informed the Commission on 7 July 2004 that it no longer wished to seek the inclusion of that substance in Annex I to Directive 91/414/EEC. Consequently, that active substance should not be included in that Annex and Member States should withdraw all authorisations for plant protection products containing triazamate.

(3) A period of grace for disposal, storage, placing on the market and use of existing stocks should be provided to allow those stocks to be used in one further growing season.

(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

Triazamate shall not be included as an active substance in Annex I to Directive 91/414/EEC.

Article 2

Member States shall ensure that:

1. authorisations for plant protection products containing triazamate are withdrawn by 4 January 2006;

2. no authorisations for plant protection products containing triazamate are granted or renewed from the date of publication.

Article 3

Any period of grace granted by Member States under Article 4(6) of Directive 91/414/EEC, for the disposal, storage, placing on the market and use of existing stocks shall be as short as possible and shall expire on 4 January 2007 at the latest.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 4 July 2005. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2005/34/EC (OJ L 125, 18.5.2005, p. 5).

(2) OJ L 55, 29.2.2000, p. 25. Regulation as last amended by Regulation (EC) No 1044/2003 (OJ L 151, 19.6.2003, p. 32).

(3) OJ L 98, 7.4.2001, p. 6.
EN Official Journal of the European Union L 190/29

COMMISSION DECISION

of 18 July 2005

adjusting the weightings applicable from 1 August, 1 September, 1 October, 1 November and 1 December 2004 and from 1 January 2005 to the remuneration of officials, temporary staff and contract staff of the European Communities serving in third countries and of certain officials remaining in post in the 10 new Member States for a maximum period of 15 months after accession (Article 33(4) of the Treaty on the accession of the 10 new Member States)

(2005/569/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Staff Regulations of officials of the European Communities and the conditions of employment of other servants of the Communities laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68 (1), and in particular the second paragraph of Article 13 of Annex X thereto,

Having regard to the Treaty of Accession of the 10 new Member States, and in particular Article 33(4) thereof,

Whereas:

(1) Council Regulation (EC, Euratom) No 257/2005 (2) fixed, pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations, the weightings to be applied from 1 July 2004 to the remuneration payable in the currency of the country of employment of officials, temporary staff and contract staff of the European Communities serving in third countries and of certain officials remaining in post in the 10 new Member States for a maximum period of 15 months after accession.

(2) Some of these weightings need to be adjusted in accordance with the second paragraph of Article 13 of Annex X to the Staff Regulations, with effect from 1 August, 1 September, 1 October, 1 November and 1 December 2004 and from1 January 2005 because the statistics available to the Commission show that in certain third countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down or adjusted,

HAS DECIDED AS FOLLOWS:

Sole Article

From 1 August, 1 September, 1 October, 1 November and 1 December 2004 and 1 January 2005 the weightings applicable to the remuneration payable in the currency of the country of employment of officials, temporary staff and contract staff of the European Communities serving in third countries and of certain officials remaining in post in the 10 new Member States for a maximum period of fifteen months after accession shall be adjusted as shown in the Annex hereto.

The exchange rates for the calculation of such remuneration shall be those used for implementation of the general budget of the European Union for the month preceding the dates referred to in the first paragraph.

Done at Brussels, 18 July 2005. For the Commission Benita FERRERO-WALDNER Member of the Commission

(1) OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 31/2005 (OJ L 8, 12.1.2005, p. 1).

(2) OJ L 46, 17.2.2005, p. 1.
EN Official Journal of the European Union L 337/68

Corrigendum to Decision 1719/2006/EC of the European Parliament and of the Council of 15 November 2006 establishing the ‘Youth in Action’ programme for the period 2007 to 2013

( Official Journal of the European Union L 327 of 24 November 2006 )

On the first page of the cover in the ‘Contents’:

for:

‘Decision No 1714/2006/EC …’,

read:

‘Decision No 1719/2006/EC …’.
EN Official Journal of the European Union L 26/13

COMMISSION DECISION

of 20 December 2005

repealing Decision 2001/381/EC accepting an undertaking offered in connection with imports into the Community of certain aluminium foil originating in Russia

(2006/45/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), and in particular Article 8 thereof,

After consulting the Advisory Committee,

Whereas:

A. PREVIOUS PROCEDURE

(1) By Regulation (EC) No 950/2001 (2) the Council imposed a definitive anti-dumping duty on imports of certain aluminium foil (‘AHF’) originating, inter alia, in Russia. By Decision 2001/381/EC (3) the Commission accepted an undertaking offered by the Russian exporting producer Joint Stock ‘United Company Siberian Aluminium’, which since then has changed its name (4) to Open Joint Stock Company Rusal Sayanal (‘Sayanal’).

B. REPEAL OF DECISION 2001/381/EC

(2) Further to a request lodged by Sayanal, the Commission initiated (5) a partial interim review limited in scope to the examination of dumping in accordance with Article 11(3) of the basic Regulation.

(3) The findings of the review, which are set out in detail in Council Regulation (EC) No 161/2006 (6), showed that Sayanal is no longer dumping. As a consequence, by the aforementioned Regulation, the anti-dumping duty rate applicable to imports of AHF from Sayanal has been set at 0 %.

(4) In view of the above, Decision 2001/381/EC, by which the Commission accepted an undertaking from Sayanal, should be repealed,

HAS DECIDED AS FOLLOWS:

Article 1

Decision 2001/381/EC is hereby repealed.

Article 2

This Decision shall take effect on the day following its publication in the Official Journal of the European Union.

Done at Brussels, 20 December 2005. For the Commission Peter MANDELSON Member of the Commission

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(2) OJ L 134, 17.5.2001, p. 1. Regulation as amended by Regulation (EC) No 998/2004 (OJ L 183, 20.5.2004, p. 4).

(3) OJ L 134, 17.5.2001, p. 67.

(4) See Notice 2004/C 193/03, (OJ C 193, 29.7.2004, p. 3).

(5) OJ C 285, 23.11.2004, p. 3.

(6) See page 1 of this Official Journal.
1.

Article 1 is replaced by the following: ‘Article 1 1. Member States shall suspend the importation of: (a) live poultry, ratites, farmed and wild feathered game, and hatching eggs of these species coming from the part of the territory of Romania referred to in Part A of the Annex; and (b) the following products coming from the part of the territory of Romania mentioned in Part B of the Annex: — fresh meat of poultry, ratites, farmed and wild feathered game, — meat preparations and meat products consisting of or containing meat of those species, — raw pet food and unprocessed feed material containing any parts of those species, — eggs for human consumption, — non-treated game trophies from any birds, and — unprocessed feathers and parts of feathers. 2. By way of derogation from paragraph 1(b), Member States shall authorise the importation of the products covered by paragraph 1(b) first to third indent, which have been obtained from birds slaughtered before 1 August 2005. 3. In the veterinary certificates/commercial documents accompanying consignments of the products referred to in paragraph 2 the following words as appropriate to the species shall be included: “Fresh poultry meat/fresh ratite meat/fresh meat of wild feathered game/fresh meat of farmed feathered game/meat product consisting of, or containing meat of poultry, ratites, farmed or wild feathered game meat/meat preparation consisting of, or containing meat of poultry, ratites, farmed or wild feathered game meat/raw pet food and unprocessed feed material containing any parts of poultry, ratites, farmed or wild feathered game (4) obtained from birds slaughtered before 1 August 2005 and in accordance with Article 1(2) of Commission Decision 2005/710/EC. 4. By derogation from paragraph 1(b), second indent, Member States shall authorise the importation of meat products consisting of or containing meat of poultry, ratites, farmed and wild feathered game under the condition that the meat of these species has undergone at least one of the specific treatments referred to under points B, C or D in Part IV of Annex II to Commission Decision 2005/432/EC.’;
EN Official Journal of the European Union L 36/42

COUNCIL DECISION

of 30 January 2006

extending to the non-participating Member States the application of Decision 2006/75/EC amending and extending Decision 2001/923/EC establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (the ‘Pericles’ programme)

(2006/76/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,

Having regard to the proposal from the Commission,

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

Whereas:

(1) When adopting Decision 2006/75/EC (2) the Council indicated that it should apply in the participating Member States as defined in the first indent of Article 1 of Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro (3).

(2) However, the exchange of information and staff and the assistance and training measures implemented under the Pericles programme should be uniform throughout the Community and the requisite steps should therefore be taken to guarantee the same level of protection for the euro in the Member States where the euro is not their official currency,

HAS DECIDED AS FOLLOWS:

Article 1

The application of Decision 2006/75/EC shall be extended to Member States other than the participating Member States as defined in the first indent of Article 1 of Regulation (EC) No 974/98.

Article 2

This Decision shall take effect on the day of its publication in the Official Journal of the European Union.

Done at Brussels, 30 January 2006. For the Council The President U. PLASSNIK

(1) Opinion delivered on 13 October 2005 (not yet published in the OJ).

(2) See page 40 of this Official Journal.

(3) OJ L 139, 11.5.1998, p. 1. Regulation as last amended by Regulation (EC) No 2169/2005 (OJ L 346, 29.12.2005, p. 1).
EN Official Journal of the European Union L 62/27

COMMISSION DECISION

of 2 March 2006

amending Decision 2006/135/EC as regarding the establishment of areas A and B in France due to an outbreak of highly pathogenic avian influenza in that Member State

(notified under document number C(2006) 721)

(Text with EEA relevance)

(2006/175/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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,

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 (2), and in particular Article 10(4) thereof,

Having regard to Regulation (EC) 998/2003 of 26 May 2003 of the European Parliament and of the Council on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC (3), and in particular Article 18 thereof,

Having regard to Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (4), and in particular Article 66(2) thereof,

Whereas:

(1) France has notified the Commission and the other Member States of an outbreak of highly pathogenic avian influenza A virus of subtype H5N1 in poultry in certain areas of its territory and has taken the appropriate measures provided for in Commission Decision 2006/135/EC of 22 February 2006 concerning certain protection measures in relation to highly pathogenic avian influenza in the Community (5).

(2) After notification of those measures, the Commission has examined them in collaboration with France, and is satisfied that areas A and B established by France are at sufficient distance to the outbreak in poultry and epidemiologically related cases in wild birds. It is therefore necessary to amend Parts A and B of Annex I to that Decision accordingly and to fix the duration of that regionalisation.

(3) 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 2006/135/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, 2 March 2006. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive 2004/41/EC (OJ L 157, 30.4.2004, p. 33); corrected version (OJ L 195, 2.6.2004, p. 12).

(2) 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).

(3) OJ L 146, 13.6.2003, p. 1. Regulation as last amended by Commission Regulation (EC) No 18/2006 (OJ L 4, 7.1.2006, p. 3).

(4) OJ L 10, 14.1.2006, p. 16.

(5) OJ L 52, 23.2.2006, p. 41.