ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Communities L 134/25

COUNCIL DECISION

of 29 May 1995

concerning the conclusion of an Agreement in the form of exchange of letters between the European Community and the United States of America on government procurement

(95/215/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the last sentence of Article 57 (2) and Articles 66, 100 a, 113 in conjunction with the first sentence of Article 228 (2) and Article 228 (3) thereof,

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

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

Whereas, for the Community, the powers to conclude international agreements are not merely attributed explicitly by the Treaty but may also result from other provisions of the Treaty and from acts taken pursuant to those provisions by Community institutions;

Whereas, when Community rules were adopted in order to attain the goals of the Treaty, Member States may not, outside the framework of the common institutions, make commitments which might affect those rules or alter the scope thereof;

Whereas part of the commitments in the Agreement negotiated by the European Community with the United States on government procurement fall within the exclusive jurisdiction of the Community under Article 113 of the Treaty;

Whereas, moreover, some of the other commitments affect Community rules adopted on the basis of Articles 57 (2), 66 and 100 a of the Treaty;

Whereas, finally, Article 37 of Directive 93/38/EEC (3) expressly confers upon the Community institutions powers to conduct negotiations with third countries concerning the legal arrangements applicable to government contracts awarded by entities in Member States in the electricity and port sectors inter alia;

Whereas the Agreement negotiated by the European Community with the United States on government procurement should be concluded,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an exchange of letters between the European Community and the United States of America on government procurement is hereby approved on behalf of the European Community.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the European Community.

Done at Brussels, 29 May 1995. For the Council The President H. de CHARETTE

(1) OJ No C 291, 19. 10. 1994, p. 4.

(2) Assent given on 19 May 1995 (not yet published in the Official Journal).

(3) Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ No L 199, 9. 8. 1993, p. 84).
COMMISSION DECISION of 7 June 1995 approving the programme for the eradication of Aujeszky's disease in certain parts of Germany (Text with EEA relevance) (95/210/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 9 thereof,

Whereas an eradication programme was commenced in certain parts of Germany for Aujeszky's disease in 1989;

Whereas by letter dated 30 December 1994, Germany has submitted information on its eradication programme for Aujeszky's disease;

Whereas in accordance with Article 9 (2) of Directive 64/432/EEC the Commission has examined the programme; whereas it meets the criteria laid down in Article 9 (1) of the said Directive and can therefore be approved;

Whereas the programme should allow Aujeszky's disease to be eradicated from those regions listed in the Annex in the future;

Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,

HAS ADOPTED THIS DECISION:

Article 1

The programme for the eradication of Aujeszky's disease from the regions of Germany listed in the Annex is hereby approved for a period of three years.

Article 2

Germany shall bring into force by 15 June 1995 the laws, regulations and administrative provisions for implementing the programme referred to in Article 1.

Article 3

This Decision shall enter into force on 15 June 1995.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 7 June 1995.

For the Commission Franz FISCHLER Member of the Commission

ANNEX

All Regions of Germany except the Laender of Sachsen, Thueringen and Brandenburg.
COMMISSION DECISION of 30 June 1995 on financial assistance from the Community for storage in France of antigen for production of foot-and-mouth disease vaccine (Text with EEA relevance) (95/267/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 90/424/EEC on 26 June 1990 on expenditure in the veterinary field (1), as last amended by Decision 94/370/EC (2), and in particular Article 14 thereof,

Whereas by virtue of Council Decision 91/666/EEC of 11 December 1991 establishing Community reserves of foot-and-mouth disease vaccines (3), establishment of antigen banks is part of the Community's action to create Community reserves of foot-and-mouth vaccine;

Whereas Article 3 of that Decision designates the Laboratoire de pathologie bovine du Centre national d'études vétérinaires et alimentaires at Lyons in France as an antigen bank holding Community reserves;

Whereas the functions and duties of these antigen banks are specified in Article 4 of that Decision; whereas Community assistance must be conditional on accomplishment of these;

Whereas Community financial assistance should be granted to these banks to enable them to carry out the said functions and duties;

Whereas for budgetary reasons the Community assistance should be granted for a period of one year;

Whereas for supervisory purposes Articles 8 and 9 of Council Regulation (EEC) No 729/70 of 21 April 1970 on financing of the common agricultural policy (4), as last amended by Regulation (EEC) No 2048/88 (5), should apply;

Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,

HAS ADOPTED THIS DECISION:

Article 1

The Community shall grant France financial assistance for the stocking of antigen for production of foot-and-mouth disease vaccine.

Article 2

The Laboratoire de pathologie bovine at Lyons in France shall hold the stock of antigen to which Article 1 relates. The provisions of Article 4 of Council Decision 91/666/EEC shall apply.

Article 3

The Community's financial assistance shall be a maximum of ECU 70 000 for the period 1 January to 31 December 1995.

Article 4

The Community's financial assistance shall be paid as follows:

- 70 % by way of an advance at France's request,

- the balance following presentation of supporting documents.

These documents must be presented before 1 February 1996.

Article 5

Articles 8 and 9 of Council Regulation (EEC) No 729/70 shall apply mutatis mutandis.

Article 6

This Decision is addressed to the French Republic.

Done at Brussels, 30 June 1995.

For the Commission Franz FISCHLER Member of the Commission
COMMISSION DECISION of 28 June 1995 adjusting the weightings applicable from 1 April 1993 to the remuneration of officials of the European Communities serving in countries outside the European Union (95/263/EC, Euratom, ECSC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities,

Having regard to the Staff Regulations of the Officials of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (EC, Euratom, ECSC) No 3161/94 (2), and in particular the second paragraph of Article 13 of Annex X thereto,

Whereas pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations Council Regulation (Euratom, ECSC, EC) No 2403/94 (3) laid down the weightings to be applied from 1 January 1993 to the remuneration of officials serving in countries outside the Community payable in the currency of their country of employment;

Whereas the Commission has made a number of adjustments to these weightings in recent months, pursuant to the second paragraph of Article 13 of Annex X to the Staff Regulations (4);

Whereas, some of these weightings should be adjusted with effect from 1 April 1993 given that the statistics available to the Commission show that in certain countries outside the Community 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,

DECIDES:

Sole Article

With effect from 1 April 1993 the weightings applicable to the remuneration of officials serving in countries outside the Community payable in the currency of their country of employment are adjusted as shown in the Annex.

The exchange rates for the payment of such remuneration shall be those used for implementation of the budget of the European Communities during the month preceding the date on which this Decision takes effect, namely March 1993.

Done at Brussels, 28 June 1995.

For the Commission

Hans VAN DEN BROEK

Member of the Commission

(1) OJ No L 56, 4. 3. 1968, p. 1.

(2) OJ No L 335, 23. 12. 1994, p. 1.

(3) OJ No L 257, 5. 10. 1994, p. 1.

(4) OJ No L 228, 9. 9. 1993, pp. 39 to 48.

ANNEX

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COMMISSION DECISION of 3 July 1995 amending Decision 92/558/EEC on transitional measures in relation to plants processing high risk material in the Laender of West Mecklenburg-Pomerania, Brandenburg, Saxonia-Anhalt, Saxony and Thuringia in the Federal Republic of Germany (Only the German text is authentic) (Text with EEA relevance) (95/271/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 90/667/EEC of 27 November 1990 laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedingstuffs of animal or fish origin and amending Directive 90/425/EEC (1), as last amended by the Act of Accession of Austria, Finland and Sweden, in particular Article 21 thereof,

Whereas the Commission, in Decision 92/558/EEC (2) adopted transitional measures in relation to plants processing high risk material in some Laender in the Federal Republic of Germany; whereas these measures expire on 31 December 1995;

Whereas Germany has informed the Commission that it is necessary to extend further these transitional measures for processing plants in the territory of the Laender of West Mecklenburg-Pomerania; whereas in order to complete the necessary works, it is necessary to grant an additional year;

Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,

HAS ADOPTED THIS DECISION:

Article 1

Article 1 of Decision 92/558/EEC is replaced by:

'Article 1 1. For processing plants in the territory of the Laender of Brandenburg, Saxony-Anhalt, Saxony and Thuringia, the Federal Republic of Germany shall have until 31 December 1995 to comply with Directive 90/667/EEC.

2. For processing plants in the territory of the Laender of West Mecklenburg-Pomerania, the Federal Republic of Germany shall have until 31 December 1996 to comply with the Directive 90/667/EEC.`

Article 2

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 3 July 1995.

For the Commission Franz FISCHLER Member of the Commission
COMMISSION DECISION of 18 July 1995 on special financial contributions from the Community for the eradication of Newcastle disease in Portugal (Only the Portuguese text is authentic) (95/291/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), as last amended by Decision 94/370/EC (2), and in particular Articles 3 and 4 thereof,

Whereas outbreaks of Newcastle disease occurred in Portugal in 1993 and 1994; whereas the appearance of this disease is a serious danger to the Community's poultry and, in order to help eradicate the possibility of compensating for the losses suffered;

Whereas, as soon as the presence of Newcastle disease was officially confirmed the Portuguese authorities took appropriate measures which included the measures as listed in Article 3 (2) of Decision 90/424/EEC; whereas such measures were notified by the Portuguese authorities;

Whereas the conditions for Community financial assistance have been met;

Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,

HAS ADOPTED THIS DECISION:

Article 1

For outbreaks of Newcastle disease which occurred during 1993 and 1994 Portugal may obtain Community financial assistance. The financial contribution by the Community shall be:

- 50 % of the costs incurred by Portugal in compensating owners for the slaughter, destruction of poultry and poultry products as appropriate,

- 50 % of the costs incurred by Portugal for the cleaning and disinfection of holdings and equipment,

- 50 % of the costs incurred by Portugal in compensating owners for the destruction of contaminated feedingstuffs and contaminated equipment.

Article 2

1. The Community financial contribution shall be granted after supporting documents have been submitted.

2. The documents referred to in paragraph 1 shall be sent by Portugal no later than six months from the notification of this Decision.

Article 3

This Decision is addressed to the Portuguese Republic.

Done at Brussels, 18 July 1995.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ No L 224, 18. 8. 1990, p. 19.

(2) OJ No L 168, 2. 7. 1994, p. 31.
COUNCIL DECISION of 18 July 1995 appointing an alternate member of the Committee of the Regions (95/316/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 198a thereof,

Having regard to the Council Decision 94/65/EC of 26 January 1994 appointing members and alternate members of the Committee of the Regions for the period 26 January 1994 to 25 January 1998 (1),

Whereas a seat for an alternate member has become vacant on the Committee of the Regions following the resignation of Mr Pupillo, notified to the Council on 10 May 1995;

Having regard to the proposal from the Italian Government,

HAS DECIDED AS FOLLOWS:

Sole Article

Mr Aldo Bottin is hereby appointed an alternate member of the Committee of the Regions in place of Mr Pupillo for the remainder of the latter's term of office, which runs until 25 January 1998.

Done at Brussels, 18 July 1995.

For the Council The President J. SOLANA
COMMISSION DECISION of 26 July 1995 amending Decision 93/495/EEC laying down specific conditions for importing fishery products from Canada (Text with EEA relevance) (95/351/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/493/EEC of 22 July 1991 (1), laying down the health conditions for the production and the placing on the market of fishery products, as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 11 (5) thereof,

Whereas the list of establishments and factory ships approved by Canada for importing fishery products into the Community has been drawn up in Commission Decision 93/495/EEC (2), as last amended by Commission Decision 94/989/EC (3); whereas this list may be amended following the communication of a new list by the competent authority in Canada;

Whereas the competent authority in Canada has communicated a new list adding 62 establishments, deleting 38 establishments and amending the data of 11 establishments;

Whereas it is necessary to amend the list of approved establishments;

Whereas the measures provided for in this Decision have been drawn up in accordance with the procedure laid down by Commission Decision 90/13/EEC (4),

HAS ADOPTED THIS DECISION:

Article 1

Annex B of Commission Decision 93/495/EEC is amended as follows:

(1) The following establishments are inserted in accordance with the numerical order:

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(2) The following establishments are deleted:

>TABLE>

(3) The data of the following establishments:

>TABLE>

are replaced by:

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Article 2 This Decision is addressed to the Member States.

Done at Brussels, 26 July 1995.

For the Commission Franz FISCHLER Member of the Commission
EN Official Journal of the European Communities L 262/53

COUNCIL DECISION

of 30 October 1995

concerning the conclusion of the Framework Agreement for cooperation between the European Economic Community and the Federative Republic of Brazil

(95/445/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 113 and 130y, in conjunction with the first sentence of Article 228 (2) and the first subparagraph of Article 228 (3) thereof,

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

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

Whereas, pursuant to Article 130u of the Treaty, Community policy in the sphere of development cooperation should foster the sustainable economic and social development of the developing countries, their smooth and gradual integration into the world economy and the campaign against poverty in those countries;

Whereas the Community should approve, for the attainment of its aims in the sphere of external relations, the Framework Agreement for trade and economic cooperation with the Federative Republic of Brazil,

HAS DECIDED AS FOLLOWS:

Article 1

The Framework Agreement for cooperation between the European Economic Community and the Federative Republic of Brazil is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council shall, on behalf of the Community, give the notification provided for in Article 33 of the Agreement (3).

Article 3

The Commission, assisted by representatives of the Member States, shall represent the Community in the Joint Committee set up by Article 29 of the Agreement.

Article 4

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

Done at Brussels, 30 October 1995. For the Council The President J. SOLANA

(1) OJ No C 163, 30. 6. 1992, p. 11.

(2) OJ No C 337, 21. 12. 1992, p. 237.

(3) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.
COMMISSION DECISION of 27 October 1995 on protection measures in relation to Venezuelan equine encephalomyelitis in Venezuela and in Colombia (Text with EEA relevance) (95/461/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 18 thereof,

Whereas the presence of Venezuelan equine encephalomyelitis has been confirmed in Venezuela and in Colombia;

Whereas the appearance of Venezuelan equine encephalomyelitis in Venezuela and in Colombia constitutes a serious threat to equidae of the Member States, taking into account the various movements of equidae;

Whereas, accordingly, it is necessary to prohibit the re-admission of registered horses after temporary export from Venezuela and Colombia;

Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,

HAS ADOPTED THIS DECISION:

Article 1

The Member States shall prohibit the re-admission after temporary export of registered horses from Venezuela and Colombia.

Article 2

Member States shall amend the measures they apply in respect of Venezuela and Colombia to bring them into line with this Decision. They shall inform the Commission thereof.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 27 October 1995.

For the Commission Franz FISCHLER Member of the Commission
COUNCIL DECISION of 29 November 1995 on the conclusion of the Agreements in the form of an exchange of letters between the European Community and, on the one hand, Barbados, Belize, the Republic of the Congo, Fiji, the Cooperative Republic of Guyana, the Republic of Côte d'Ivoire, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Suriname, Saint Christopher and Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe and, on the other hand, the Republic of India on the guaranteed prices for cane sugar for the 1994/95 delivery period (95/518/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 113, in conjunction with the first sentence of Article 228 (2) thereof,

Having regard to the proposal from the Commission,

Whereas implementation of Protocol 8 on ACP Sugar annexed to the Fourth ACP-EEC Convention (1) and of the Agreement between the European Economic Community and the Republic of India on cane sugar (2) is carried out, in accordance with Article 1 (2) of each, within the framework of the management of the common organization of the sugar market;

Whereas it is appropriate to approve the Agreements in the form of an exchange of letters between the Community and, on the one hand, the States referred to in the Protocol and, on the other hand, the Republic of India on the guaranteed prices for cane sugar for the 1994/95 delivery period,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreements in the form of an exchange of letters between the European Community and, on the one hand, Barbados, Belize, the Republic of the Congo, Fiji, the Cooperative Republic of Guyana, the Republic of Côte d'Ivoire, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Suriname, Saint Christopher and Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe and, on the other hand, the Republic of India on the guaranteed prices for cane sugar for the 1994/95 delivery period are hereby approved on behalf of the Community.

The text of the Agreements is attached to this Decision.

Article 2

The President of the Council is hereby authorized to designate the person empowered to sign the Agreements referred to in Article 1 in order to bind the Community.

Article 3

This Decision will be published in the Official Journal of the European Communities.

Done at Brussels, 29 November 1995.

For the Council

The President

L. ATIENZA SERNA

(1) OJ No L 229, 17. 8. 1991, p. 216.

(2) OJ No L 190, 22. 7. 1975, p. 35.