ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 55/40

COMMISSION DECISION

of 26 February 2009

amending Decision 2005/51/EC as regards the period during which soil contaminated by pesticides or persistent organic pollutants may be introduced into the Community for decontamination purposes

(notified under document number C(2009) 1174)

(2009/162/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular Article 15(1) thereof,

Whereas:

(1) By way of derogation from Directive 2000/29/EC, Commission Decision 2005/51/EC of 21 January 2005 authorising Member States temporarily to provide for derogations from certain provisions of Council Directive 2000/29/EC in respect of the importation of soil contaminated by pesticides or persistent organic pollutants for decontamination purposes (2) authorises, for a limited period, Member States participating in the United Nations Food and Agriculture Organisation (FAO) programme on prevention and disposal of obsolete and unwanted pesticides to permit the introduction of soil contaminated by such pesticides into the Community for treatment in dedicated hazardous waste incinerators.

(2) Since the implementation of that programme has been delayed, the period during which contaminated soil may be introduced under the authorisation granted by Decision 2005/51/EC should further be extended.

(3) Decision 2005/51/EC should therefore be amended accordingly.

(4) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,

HAS ADOPTED THIS DECISION:

Article 1

In the second paragraph of Article 1 of Decision 2005/51/EC the words ‘28 February 2009’ are replaced by the words ‘29 February 2012’.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 26 February 2009. For the Commission Androulla VASSILIOU Member of the Commission

(1) OJ L 169, 10.7.2000, p. 1.

(2) OJ L 21, 25.1.2005, p. 21.
EN Official Journal of the European Union L 81/23

COMMISSION DECISION

of 26 March 2009

prolonging the validity of Decision 2006/502/EC requiring Member States to take measures to ensure that only lighters which are child-resistant are placed on the market and to prohibit the placing on the market of novelty lighters

(notified under document number C(2009) 2078)

(Text with EEA relevance)

(2009/298/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (1), and in particular Article 13 thereof,

Whereas:

(1) Commission Decision 2006/502/EC (2) requires Member States to take measures to ensure that only lighters which are child-resistant are placed on the market and to prohibit the placing on the market of novelty lighters.

(2) Decision 2006/502/EC was adopted in accordance with the provisions of Article 13 of Directive 2001/95/EC, which restricts the validity of the Decision to a period not exceeding one year, but allows it to be confirmed for additional periods none of which shall exceed one year.

(3) Decision 2006/502/EC was amended twice, firstly by Decision 2007/231/EC (3) which prolonged the validity of the Decision until 11 May 2008 and secondly by Decision 2008/322/EC (4) which prolonged the validity of the Decision for a further year until 11 May 2009.

(4) In the absence of other satisfactory measures addressing the child safety of lighters, it is necessary to prolong the validity of Decision 2006/502/EC for a further 12 months and to amend it accordingly.

(5) The measures provided for in this Decision are in accordance with the opinion of the Committee established by Directive 2001/95/EC,

HAS ADOPTED THIS DECISION:

Article 1

Article 6(2) of Decision 2006/502/EC is replaced by:

‘2. This Decision shall apply until 11 May 2010.’

Article 2

Member States shall take the necessary measures to comply with this Decision by 11 May 2009 at the latest and shall publish those measures. They shall forthwith inform the Commission thereof.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 26 March 2009. For the Commission Meglena KUNEVA Member of the Commission

(1) OJ L 11, 15.1.2002, p. 4.

(2) OJ L 198, 20.7.2006, p. 41.

(3) OJ L 99, 14.4.2007, p. 16.

(4) OJ L 109, 19.4.2008, p. 40.
EN Official Journal of the European Union C 123/11

COUNCIL DECISION

of 25 May 2009

appointing Maltese members and a Maltese alternate member of the Advisory Committee on Freedom of Movement for Workers

2009/C 123/05

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community (1), and in particular Articles 26 and 27 thereof,

Having regard to the lists of candidates submitted to the Council by the Governments of the Member States,

Whereas:

(1) By its Decision of 25 September 2008 (2), the Council appointed the members and alternate members of the Advisory Committee on Freedom of Movement for Workers for the period from 25 September 2008 to 24 September 2010, with the exception of certain members including the Maltese members and alternate members in the category of government representatives.

(2) The Maltese Government has submitted nominations for a number of posts to be filled,

HAS DECIDED AS FOLLOWS:

Sole Article

The following are hereby appointed members and an alternate member of the Advisory Committee on Freedom of Movement for Workers for the period ending on 24 September 2010:

REPRESENTATIVES OF GOVERNMENT

Country Members Alternates Malta Mr Joseph MIZZI Ms Josephine FARRUGIA Mr Anthony BUTTIGIEG

Done at Brussels, 25 May 2009. For the Council The President J. ŠEBESTA

(1) OJ L 257, 18.10.1968, p. 2.

(2) OJ C 253, 4.10.2008, p. 7.
EN Official Journal of the European Union C 132/3

COUNCIL DECISION

of 4 June 2009

appointing one UK alternate member of the Committee of the Regions

2009/C 132/03

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 Government of the United Kingdom,

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) An alternate member's seat on the Committee of the Regions has become vacant following the appointment of Mr Robert BRIGHT as a member of the Committee of the Regions,

HAS DECIDED AS FOLLOWS:

Article 1

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

Mr Chris HOLLEY, Councillor for City and Council of Swansea, Wales.

Article 2

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

Done at Luxembourg, 4 June 2009. For the Council The President Martin PECINA

(1) OJ L 56, 25.2.2006, p. 75.
EN Official Journal of the European Union L 138/5

COMMISSION DECISION

of 26 May 2009

amending Decision 2008/855/EC as regards animal health control measures relating to classical swine fever in Germany

(notified under document number C(2009) 3965)

(Text with EEA relevance)

(2009/423/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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,

Whereas:

(1) Commission Decision 2008/855/EC of 3 November 2008 concerning animal health control measures relating to classical swine fever in certain Member States (3) lays down certain control measures concerning classical swine fever in the Member States or regions thereof set out in the Annex to that Decision.

(2) Germany has informed the Commission about the recent developments with regard to that disease in feral pigs in certain areas of the federal state Rhineland-Palatinate.

(3) New cases of classical swine fever in feral pigs in the south of Rhineland-Palatinate have been reported. Accordingly, that area should be added to the list in the Annex to Decision 2008/855/EC and the measures provided for in that Decision should apply to it.

(4) For the sake of transparency of Community legislation, the entire part of the list set out in the Annex to Decision 2008/855/EC which concerns Germany should be replaced by the text in the Annex to this Decision.

(5) Decision 2008/855/EC should therefore be amended accordingly.

(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

In the Annex to Decision 2008/855/EC, point 1 of Part I is replaced by the text in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 26 May 2009. For the Commission Androulla VASSILIOU Member of the Commission

(1) OJ L 395, 30.12.1989, p. 13.

(2) OJ L 224, 18.8.1990, p. 29.

(3) OJ L 302, 13.11.2008, p. 19.
EN Official Journal of the European Union L 156/26

COUNCIL DECISION

of 6 April 2009

concerning the conclusion of consultations with the Islamic Republic of Mauritania under Article 96 of the ACP-EC Partnership Agreement

(2009/472/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000 (hereinafter referred to as the ACP-EC Agreement), and in particular Article 96 thereof,

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 (1), and in particular Article 3 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) The essential elements referred to in Article 9 of the ACP-EC Agreement have been violated.

(2) On 20 October 2008, pursuant to Article 96 of the ACP-EC Agreement, consultations started with the African, Caribbean and Pacific States (ACP) and the Islamic Republic of Mauritania during which representatives of the ruling military junta failed to present satisfactory proposals or commitments. Despite a one-month extension of the deadline, no new element has been noted,

HAS DECIDED AS FOLLOWS:

Article 1

Consultations with the Islamic Republic of Mauritania under Article 96 of the ACP-EC Agreement are hereby concluded.

Article 2

The measures set out in the annexed Letter are hereby adopted as appropriate measures under Article 96(2)(c) of the ACP-EC Agreement.

Article 3

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

This Decision shall expire on 6 April 2011. It shall be reviewed regularly at least once every six months in the light of joint monitoring missions by the Presidency of the European Union and the Commission.

Article 4

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

Done at Luxembourg, 6 April 2009. For the Council The President J. POSPÍŠIL

(1) OJ L 317, 15.12.2000, p. 376.
EN Official Journal of the European Union L 148/16

COUNCIL DECISION

of 25 May 2009

appointing four Finnish members and two Finnish alternate members of the Committee of the Regions

(2009/440/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 Finnish 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) Four members' seats on the Committee of the Regions have become vacant following the resignation of Ms Auli HYVÄRINEN and Ms Elina LEHTO-HÄGGROTH and following the end of mandate of Mr Risto ERVELÄ and Mr Risto KOIVISTO. Two alternate members' seats have become vacant following the resignation of Ms Martina MALMBERG and Ms Heini UTUNEN,

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 members: — Ms Satu TIETARI, Säkylän kunnanvaltuuston jäsen, — Ms Anne KARJALAINEN, Keravan kaupunginvaltuuston jäsen, — Mr Risto ERVELÄ, Sauvon kunnanvaltuuston jäsen (change of mandate), — Mr Risto KOIVISTO, Pirkkalan kunnanjohtaja (change of mandate),

(b) as alternate members: — Mr Petri KALMI, Nurmijärven kunnanvaltuuston puheenjohtaja, — Mr Mårten JOHANSSON, Raaseporin kaupunginjohtaja.

Article 2

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

Done at Brussels, 25 May 2009. For the Council The President J. ŠEBESTA

(1) OJ L 56, 25.2.2006, p. 75.
EN Official Journal of the European Union L 172/34

COUNCIL DECISION

of 30 June 2009

appointing a new member of the Commission of the European Communities

(2009/507/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the second paragraph of Article 215 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 128 thereof,

Whereas:

In a letter dated 25 June 2009, Ms Dalia GRYBAUSKAITĖ resigned from her post as a member of the Commission. She should be replaced for the remainder of her term of office,

HAS ADOPTED THIS DECISION:

Article 1

Mr Algirdas Gediminas ŠEMETA is hereby appointed a member of the Commission for the period from 1 July 2009 to 31 October 2009.

Article 2

This Decision shall take effect on 1 July 2009.

Article 3

This Decision shall be published in the Official Journal of the European Union.
(7)

According to data notified by the Maltese authorities in March 2009 and subsequently validated by Eurostat, the general government deficit in Malta reached 4,7 % of GDP in 2008, thus largely exceeding the 3 % of GDP reference value. The deficit is not close to the 3 % of GDP reference value and the excess over the reference value cannot be qualified as exceptional within the meaning of the Treaty and of the Stability and Growth Pact. In particular, it did not result from an unusual event or from a severe economic downturn in 2008 in the sense of the Treaty and of the Stability and Growth Pact. Indeed, real GDP growth between 2005 and 2007 was above 3 % annually, significantly higher than potential growth. Economic growth slowed down in 2008, but remained positive at 1,6 % and, according to the latest data, was revised upwards to 2,5 %. Furthermore, the excess over the reference value cannot be considered temporary. According to the Commission services’ spring 2009 forecast, the deficit ratio is projected to decline but remain above the threshold over the forecast horizon, at 3,6 % of GDP in 2009 and, under the customary no-policy-change assumption, 3,2 % of GDP in 2010. The deficit criterion in the Treaty is therefore not fulfilled.
EN Official Journal of the European Union L 258/26

COUNCIL DECISION

of 30 September 2009

appointing a new Member of the Commission of the European Communities

(2009/725/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the second paragraph of Article 215 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 128 thereof,

Whereas, in a letter dated 21 September 2009, Mr Ján FIGEĽ resigned from his post as a Member of the Commission with effect from 1 October 2009. He should be replaced for the remainder of his term of office,

HAS DECIDED AS FOLLOWS:

Article 1

Mr Maroš ŠEFČOVIČ is hereby appointed a Member of the Commission for the period from 1 October 2009 to 31 October 2009.

Article 2

This Decision shall take effect on 1 October 2009.

Article 3

This Decision shall be published in the Official Journal of the European Union.
EN Official Journal of the European Union L 241/8

COUNCIL DECISION

of 7 September 2009

appointing one Austrian member of the Committee of the Regions

(2009/702/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 Austrian 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 Mr Erwin MOHR,

HAS DECIDED AS FOLLOWS:

Article 1

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

Mr Erwin MOHR, Gemeinderat in Markt Wolfurt (change of mandate).

Article 2

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

Done at Brussels, 7 September 2009. For the Council The President E. ERLANDSSON

(1) OJ L 56, 25.2.2006, p. 75.
EN Official Journal of the European Union L 268/30

COMMISSION DECISION

of 12 October 2009

amending the Appendix to Annex VI to the Act of Accession of Bulgaria and Romania as regards certain milk-processing establishments in Bulgaria

(notified under document C(2009) 7637)

(Text with EEA relevance)

(2009/751/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Act of Accession of Bulgaria and Romania, and in particular the first subparagraph of paragraph (f) of Section B of Chapter 4 of Annex VI thereto,

Whereas:

(1) Bulgaria has been granted transitional periods by the Act of Accession of Bulgaria and Romania for compliance by certain milk-processing establishments with the requirements of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (1).

(2) Bulgaria has provided guarantees that 24 milk-processing establishments have completed their upgrading process and are now in full compliance with Community legislation. Seventeen of those establishments are allowed to receive and process compliant and non-compliant raw milk without separation. They should therefore be included in the list of Chapter I of the Appendix to Annex VI. One milk-processing establishment currently listed in Chapter I will process only compliant raw milk and will therefore be considered as an EU-approved milk-processing establishment. That establishment should therefore be deleted from the list of Chapter I of the Appendix to Annex VI. Two milk-processing establishments currently listed in Chapter II will process only compliant raw milk. These establishments should therefore be deleted from the list of Chapter II of the appendix to Annex VI.

(3) The Appendix to Annex VI to the Act of Accession of Bulgaria and Romania should therefore be amended accordingly.

(4) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

The Appendix to Annex VI to the Act of Accession of Bulgaria and Romania is amended in accordance with the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 12 October 2009. For the Commission Androulla VASSILIOU Member of the Commission

(1) OJ L 139, 30.4.2004, p. 55.
EN Official Journal of the European Union L 265/39

COUNCIL DECISION

of 24 September 2009

appointing one Irish member of the Committee of the Regions

(2009/744/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 Irish 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 expiry of the mandate of Mr Seamus MURRAY,

HAS DECIDED AS FOLLOWS:

Article 1

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

Ms Fiona O’LOUGHLIN, member of Kildare County Council.

Article 2

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

Done at Brussels, 24 September 2009. For the Council The President M. OLOFSSON

(1) OJ L 56, 25.2.2006, p. 75.
EN Official Journal of the European Union L 283/56

COUNCIL DECISION

of 29 October 2009

appointing the Deputy Secretary-General of the Council of the European Union for the period from 1 November 2009 until 31 December 2009

(2009/792/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 207(2) thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 121(2) thereof,

Whereas:

(1) The term of office of Mr Pierre DE BOISSIEU, Deputy Secretary-General of the Council of the European Union, will end on 31 October 2009 (1).

(2) That term of office should be renewed until 31 December 2009, or until the date of entry into force of the Treaty of Lisbon, whichever is the earlier.

(3) It is recalled that Article 6 of the Protocol on Transitional Provisions, which the Treaty of Lisbon will annex to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, provides that the term of office of the Deputy Secretary-General of the Council shall end on the date of entry into force of the Treaty of Lisbon,

HAS DECIDED AS FOLLOWS:

Article 1

Mr Pierre DE BOISSIEU is hereby appointed Deputy Secretary-General of the Council of the European Union for the period from 1 November 2009 until 31 December 2009, or until the date of entry into force of the Treaty of Lisbon, whichever is the earlier.

Article 2

This Decision shall be notified to Mr Pierre DE BOISSIEU by the President of the Council.

It shall be published in the Official Journal of the European Union.

Done at Brussels, 29 October 2009. For the Council The President C. BILDT

(1) OJ L 277, 22.10.2009, p. 20.