ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 357/32

COUNCIL DECISION

of 19 November 2004

appointing a Latvian member of the Economic and Social Committee

(2004/816/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,

Having regard to the Council Decision of 17 September 2002 appointing the members of the Economic and Social Committee for the period from 21 September 2002 to 20 September 2006 (1),

Having regard to the nomination submitted by the Latvian Government,

Having obtained the opinion of the Commission of the European Union,

HAS DECIDED AS FOLLOWS:

Sole Article

Mr Vitalijs GAVRILOVS is hereby appointed a member of the Economic and Social Committee in place of Ms Ieva JAUNZEME for the remainder of the latter's term of office, which runs until 20 September 2006.

Done at Brussels, 19 November 2004. For the Council The President J. P. H. DONNER

(1) OJ L 253, 21.9.2002, p. 9.
EN Official Journal of the European Union C 305/1

COUNCIL DECISION

of 29 November 2004

appointing a member of the Advisory Committee of the Euratom Supply Agency

(2004/C 305/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second and third paragraphs of Article 54 thereof,

Having regard to Article X of the Statutes of the Euratom Supply Agency (1), as last amended by Decision 95/1/EC, Euratom, ECSC of 1 January 1995 (2),

Having regard to the Council Decision of 22 September 2003 appointing the members of the Advisory Committee of the Euratom Supply Agency (3),

Having regard to the opinion of the Commission,

Whereas:

(1) A member's seat on the above Committee has fallen vacant following the resignation of Mr Georgios KOUTZOUKOS, of which the Council was informed on 18 June 2004.

(2) That vacancy should therefore be filled.

(3) The Greek Government submitted a nomination on 18 June 2004,

HAS DECIDED AS FOLLOWS:

Sole Article

Mr Nicolas KATSAROS is hereby appointed a member of the Advisory Committee of the Euratom Supply Agency for the remainder of the Committee's term of office, ending on 28 March 2005.

Done at Brussels, 29 November 2004. For the Council The President L.J. BRINKHORST

(1) OJ 27, 6.12.1958, p. 534/58.

(2) OJ L 1, 1.1.1995, p. 1.

(3) OJ C 232, 27.9.2003, p. 1.
EN Official Journal of the European Union L 379/105

COMMISSION DECISION

of 23 December 2004

amending Decision 2003/828/EC as regards movements of animals from and inside a restricted zone in Spain and Portugal, in relation to outbreaks of bluetongue in Spain

(notified under document number C(2004) 5212)

(Text with EEA relevance)

(2004/898/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 Articles 8(2)(d) and 9(1)(c) and Article 12 thereof,

Whereas:

(1) Commission Decision 2004/762/EC (2) has amended Decision 2003/828/EC of 25 November 2003 on protection and surveillance zones in relation to bluetongue (3) by establishing a restricted zone (zone F) corresponding to the bluetongue situation prevailing in Spain.

(2) New epidemiological, ecological and geographical data allow to exclude certain Spanish regions from this restricted zone.

(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

Decision 2003/828/ EC is amended as follows:

in Annex I, zone F is replaced by the following: ‘Zone F SPAIN: — Province of Cádiz, Málaga, Sevilla, Huelva, Córdoba, Cáceres, Badajoz, — Province of Jaen (comarcas of Jaen and Andujar) — Province of Toledo (comarcas of Oropesa, Talavera de la Reina, Belvis de Jara and Los Navalmorales,) — Province of Ciudad Real (comarcas of Horcajo de los Montes, Piedrabuena, Almadén and Almodóvar del Campo). PORTUGAL: — Regional Direction of Agriculture of Alentejo: concelhos of Niza, Castelo de Vide, Marvão, Ponte de Sôr, Crato, Portalegre, Alter-do-Chão, Avis, Mora, Sousel, Fronteira, Monforte, Arronches, Campo Maior, Elvas, Arraiolos, Estremoz, Borba, Vila Viçosa, Alandroal, Redondo, Évora, Portel, Reguengos de Monsaraz, Mourão, Moura, Barrancos; Mértola, Serpa, Beja, Vidigueira, Ferreira do Alentejo, Cuba, Alvito, Viana, Montemor-o-Novo, Vendas Novas, Alcácer do Sal (East of A2, the freguesias of Santa Susana, Santiago and Torrão) Gavião (feguesias of Gavião, Atalaia, Margem and Comenda); — Regional Direction of Agriculture of Ribatejo e Oeste: concelhos of Montijo (freguesias of Canha, S. Isidoro de Pegões and Pegões), Coruche, Salvaterra de Magos, Almeirim, Alpiarça, Chamusca, (freguesias of Pinheiro Grande, Chamusca, Ulme, Vale de Cavalos, Chouto and Parreira), Constância (freguesia of Sta Margarida de Coutada), Abrantes (freguesias of Tramagal, S. Miguel do Rio Torto, Rossio ao Sul do Tejo, Pego, Concovoadas, Alvega, S. Facundo, Vale das Mós and Bemposta).’

Article 2

This Decision shall apply from 27 December 2004.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 23 December 2004. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 327, 22.12.2000, p. 74.

(2) OJ L 337, 13.11.2004, p. 70.

(3) OJ L 311, 27.11.2003, p. 41.
2.

The quarantine premises must at least meet the minimum standards laid down in Annex B to Directive 91 /496/EEC, and the following conditions: (a) they shall be supervised by an official veterinarian. (b) they shall be situated at the centre of an area 20 km in diameter in which, according to official findings, for at least 30 days prior to their use as quarantine station there has been no case of foot-and-mouth disease. (c) they shall, before being used as quarantine station, be cleansed and disinfected with a disinfectant officially authorized in St Pierre et Miquelon as effective in the control of the diseases mentioned in Chapter II. (d) they shall operate, taking into account their animal capacity: (i) a facility dedicated exclusively for this purpose, including adequate housing to a suitable standard for the animals; (ii) appropriate facilities, that • are easy to completely clean and disinfect, • include facilities for safe loading and unloading, • are able to fulfil all watering and feeding requirements for the animals, • allow any necessary veterinary treatment to be easily administered; (iii) appropriate facilities for inspection and isolation; (iv) appropriate equipment for cleaning and disinfecting rooms and transport vehicles; (v) an appropriate storage area for fodder, litter and manure; (vi) an appropriate system for collecting waste water; (vii) an office for the official veterinarian. (e) when operating, they shall have sufficient veterinarians to carry out all duties, (f) they shall only admit animals that are individually identified so as to guarantee traceability. To this end, when animals are admitted the owner or person in charge of the quarantine station shall ensure the animals are properly identified and accompanied by health documents or certificates for the species and categories involved. Moreover, this person shall record on a register or a data base, and retain for at least 3 years, the name of the owner, the origin, date of entry and exit, number and identification of the animals and their destination, (g) the competent authority shall determine the procedure for official supervision of the quarantine station and shall ensure that such supervision is carried out; this supervision shall include regular inspections in order to ascertain that the requirements for approval continue to be fulfilled. In case of failure and suspension, the approval may only be restored when the competent authority is satisfied that the quarantine premises are in full compliance with all the provisions mentioned above.
EN Official Journal of the European Union L 361/40

COMMISSION DECISION

of 3 December 2004

establishing conditions for non-commercial movements of young dogs and cats from third countries into the Community

(notified under document number C(2004) 4546)

(Text with EEA relevance)

(2004/839/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC (1), and in particular Article 8(3)(c) thereof,

Whereas:

(1) Regulation (EC) No 998/2003 establishes conditions for non-commercial movements of dogs and cats from third countries into the Community. These conditions differ depending on the status of the third country of origin and of the Member State of destination.

(2) Article 8(3)(c) of Regulation (EC) No 998/2003 provides that conditions should be established for entry of unvaccinated dogs and cats under three months of age from third countries listed respectively in parts B and C of Annex II to the Regulation.

(3) Those conditions should be equivalent to the conditions applying to the movement of unvaccinated young cats and dogs between Member States.

(4) Since Regulation (EC) No 998/2003 is already applicable, and in the interest of european pet owners, this Decision should apply without delay.

(5) 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

1. Member States may authorise the introduction onto their territory of dogs and cats less than three months of age and not vaccinated against rabies from third countries listed respectively in part B and C of Annex II to Regulation (EC) No 998/2003 under conditions at least equivalent to those laid down in in Article 5(2) of that Regulation.

2. Subsequent movement to another Member State of the animals introduced in accordance with paragraph 1 shall be prohibited, except where the animal is to be moved in accordance with the conditions laid down in in Article 5(1) of Regulation (EC) No 988/2003 to a Member State other than those listed in part A of Annex II to that Regulation.

Subsequent movement to another Member State listed in part A of Annex II to that Regulation of an animal introduced in accordance with paragraph 1 shall take place in accordance with the conditions laid down in Article 6(1) of Regulation (EC) No 998/2003 once the animal concerned has reached more than three months of age.

Article 2

This Decision shall apply from 11 December 2004.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 3 December 2004. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 146, 13.6.2003, p. 1. Regulation as last amended by Commission Regulation (EC) No 1994/2004 (OJ L 344, 20.11.2004, p. 17).
(5)

VAT losses also occurred in cases of taxable supplies of immovable property sold by the judgment debtor in a compulsory sale procedure to another person. This is particularly relevant for such cases where the supplier had opted for tax liability although at the time of supply he was not in a financial position to pay the tax authorities the tax which he has invoiced to the purchaser. The buyer could usually exercise his right to deduct and the supplier did not pay VAT to the fiscal authorities. The dimension of the problem encountered by the Austrian administration requires legal measures. Immovable property is a high value good; thus also the taxable amount and the losses in terms of VAT — even on one single transaction — are particularly high. The value of the immovable property usually contains hidden VAT and the maintaining of the option is necessary to keep the VAT system neutral. Against this background, it appears that the envisaged liability of the recipient for VAT is the most appropriate solution in the specific circumstances and for the particularly high risk involved. The requested derogation avoids the loss of VAT because there is no VAT paid from the fiscal authorities to one of the economic operators involved. The solution also avoids a double tax responsibility of supplier and recipient, which would involve a higher economic risk for the recipient and burdensome recovery procedures for the fiscal authorities which could only address the recipient, when recovery from the supplier proved to be impossible. It avoids the fiscal responsibility of a third person like the notary, which would result in higher charges for supplier and recipient. Similar derogations have already been granted to Germany by Decisions 2002/439/EC and 2004/290/EC (3).
EN Official Journal of the European Union L 374/72

COUNCIL DECISION

of 13 December 2004

appointing an Austrian alternate member of the Committee of the Regions

(2004/884/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 from the Austrian Government,

Whereas:

(1) On 22 January 2002 the Council adopted a Decision appointing the members and alternate members of the Committee of the Regions (1).

(2) A seat as an alternate member of the Committee of the Regions has fallen vacant following the death of Mr Manfred DÖRLER, notified to the Council on 6 October 2004,

HAS DECIDED AS FOLLOWS:

Sole Article

Mr Gebhard HALDER, Landtagspräsident, Vorarlberger Landtag, is hereby appointed an alternate member of the Committee of the Regions in place of Mr Manfred DÖRLER for the remainder of his term of office, which runs until 25 January 2006.

Done at Brussels, 13 December 2004. For the Council The President B. R. BOT

(1) OJ L 24, 26.1.2002, p. 38.
EN Official Journal of the European Union L 252/5

COMMISSION DECISION

of 23 July 2004

amending Decision 92/452/EEC as regards embryo collection teams in the United States of America

(notified under document number C(2004) 2420)

(Text with EEA relevance)

(2004/568/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 89/556/EEC of 25 September 1989 on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species (1), and in particular Article 8 thereof,

Whereas:

(1) Commission Decision 92/452/EEC of 30 July 1992 establishing lists of embryo collection teams and embryo production teams approved in third countries for export of bovine embryos to the Community (2), provides that Member States are only to import embryos from third countries where they have been collected, processed and stored by embryo collection teams listed in that Decision.

(2) The United States of America has requested that amendments be made to the list as regards entries for that country.

(3) The United States of America has provided guarantees regarding compliance with the appropriate rules set out in Directive 89/556/EEC and the embryo collection teams concerned have been officially approved for exports to the Community by the veterinary services of that country.

(4) Decision 92/452/EEC should therefore be amended accordingly.

(5) 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 92/452/EEC is amended in accordance with the Annex to this Decision.

Article 2

This Decision shall apply from 31 July 2004.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 23 July 2004. For the Commission David BYRNE Member of the Commission

(1) OJ L 302, 19.10.1989, p. 1. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(2) OJ L 250, 29.8.1992, p. 40. Decision as last amended by Decision 2004/52/EC (OJ L 10, 16.1.2004, p. 67).
Commission Decision

of 23 December 2003

on the continuation in the year 2004 of Community comparative trials and tests on propagating material of ornamental plants of Chamaecyparis, Ligustrum vulgare, Euphorbia fulgens and bulbs of flowers (Narcissus) under Council Directive 98/56/EC started in 2003

(2004/60/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 98/56/EC of 20 July 1998 on the marketing of propagating material of ornamental plants(1),

Having regard to Commission Decision 2002/744/EC of 5 September 2002 setting out the arrangements for Community comparative trials and tests on propagating material of ornamental plants under Council directive 98/56/EC(2), and in particular Article 3 thereof,

Whereas:

(1) Decision 2002/744/EC sets out the arrangements for the comparative trials and tests to be carried out under Directive 98/56/EC as regards ornamental plants of Chamaecyparis, Ligustrum vulgare, Euphorbia fulgens and bulbs of flowers (Narcissus) from 2003 to 2005.

(2) Tests and trials carried out in 2003 should be continued in 2004,

HAS DECIDED AS FOLLOWS:

Sole Article

Community comparative trials and tests which began in 2003 on propagating material of ornamental plants of Chamaecyparis, Ligustrum vulgare, Euphorbia fulgens and bulbs of flowers (Narcissus) shall be continued in 2004 in accordance with Decision 2002/744/EC.

Done at Brussels, 23 December 2003.

For the Commission

David Byrne

Member of the Commission

(1) OJ L 226, 13.8.1998, p. 16. Directive as last amended by Directive 2003/61/EC (OJ L 165, 3.7.2003, p. 23).

(2) OJ L 240, 7.9.2002, p. 63.
32004D0475

2004/475/EC:COMMISSION DECISION of 29 April 2004 adopting a transitional measure in favour of certain establishments in the meat and milk sectors in Slovenia (notified under document number C(2004) 1732) (Text with EEA relevance )



Official Journal L 160 , 30/04/2004 P. 0078 - 0081
EN Official Journal of the European Union L 311/32

COMMISSION DECISION

of 9 September 2004

on the allocation of additional days absent from port to Denmark and the United Kingdom in accordance with Annex V to Council Regulation (EC) No 2287/2003

(notified under document number C(2004) 3407)

(Only the Danish and English texts are authentic)

(2004/682/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2287/2003 of 19 December 2003 fixing for 2004 the fishing opportunities and associated conditions for certain fish stocks and groups of stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (1), and in particular paragraph 6(c) of Annex V,

Whereas:

(1) Paragraph 6(a) of Annex V to Regulation (EC) No 2287/2003 specifies the number of days on which certain Community fishing vessels may be absent from port in the geographical areas defined in paragraph 2 of that Annex from 1 February 2004 to 31 December 2004.

(2) Paragraph 6(c) of that Annex enables the Commission to allocate an additional number of days on which a vessel may be absent from port while carrying on board any of the gears defined in paragraph 4 of that Annex on the basis of the achieved results of decommissioning programmes since 1 January 2002 for fishing vessels affected by the provisions of that Annex.

(3) Denmark and United Kingdom have submitted data on the decommissioning in 2002 and 2003 of fishing vessels carrying on board demersal trawls, seines or similar towed gears of mesh size equal to or greater than 100 mm except beam trawls.

(4) The United Kingdom has submitted data on the decommissioning in 2002 and 2003 of fishing vessels carrying on board beam trawls of mesh size equal to or greater than 80 mm.

(5) In the view of the data submitted, an additional number of days should be allocated to Denmark and the United Kingdom for fishing vessels carrying on board such fishing gears defined in paragraph 4(a) and (b) of Annex V to Regulation (EC) No 2287/2003,

HAS ADOPTED THIS DECISION:

Article 1

The following additional days, in relation to those set out in point 6(a) of Annex V to Regulation (EC) No 2287/2003, shall be allocated in each calendar month for vessels carrying on board demersal trawls, seines or similar owed gears of mesh size equal to or greater than 100 mm except beam trawls as follows:

(a) Denmark: three days,

(b) United Kingdom: five days.

Article 2

Two additional days, in relation to those set out in point 6(a) of Annex V to Regulation (EC) No 2287/2003, shall be allocated to the United Kingdom in each calendar for vessels carrying on board beam trawls of mesh size equal or greater than 80 mm.

Article 3

This Decision is addressed to the Kingdom of Denmark and the United Kingdom of Great Britain and Northern Ireland.

Done at Brussels, 9 September 2004. For the Commission Franz FISCHLER Member of the Commission

(1) OJ L 344, 31.12.2003, p. 1. Regulation as last amended by Commission Regulation (EC) No 1645/2004 (OJ L 296, 21.9.2004, p. 3).
EN Official Journal of the European Union L 301/54

COUNCIL DECISION

of 27 May 2004

on the European Capital of Culture event for the year 2008

(2004/659/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Decision No 1419/1999/EC of the European Parliament and of the Council of 25 May 1999 establishing a Community action for the European Capital of Culture event for the years 2005 to 2019 (1), and in particular Articles 2(3) and 4 thereof,

Having regard to the Selection Panel report of February 2004 submitted to the Commission, the European Parliament and the Council in accordance with Article 2(2) of Decision No 1419/1999/EC,

Having regard to the recommendation from the Commission of 27 April 2004,

HAS DECIDED AS FOLLOWS:

Article 1

Liverpool is designated as ‘European Capital of Culture 2008’ in accordance with Article 2(1) of Decision No 1419/1999/EC.

Article 2

Stavanger is designated as a ‘European Capital of Culture 2008’ in accordance with Article 4 of Decision No 1419/1999/EC.

Article 3

Both cities designated shall take the necessary measures in order to ensure the effective implementation of Articles 1 and 5 of Decision No 1419/1999/EC.

Done at Brussels, 27 May 2004. For the Council The President J. O'DONOGHUE

(1) OJ L 166 of 1.7.1999, p. 1.