ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 330/76

COUNCIL DECISION 2009/955/CFSP

of 15 December 2009

amending Joint Action 2005/797/CFSP on the European Union Police Mission for the Palestinian Territories

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 28 and 43(2) thereof,

Whereas:

(1) On 14 November 2005, the Council adopted Joint Action 2005/797/CFSP on the European Union Police Mission for the Palestinian Territories (1) (EUPOL COPPS) for a period of three years. The operational phase of EUPOL COPPS began on 1 January 2006. Joint Action 2005/797/CFSP was extended by Joint Action 2008/958/CFSP (2) until 31 December 2010.

(2) It is necessary to lay down the financial reference amount intended to cover the expenditure related to EUPOL COPPS for the period from 1 January to 31 December 2010.

(3) It is necessary to specify the conditions under which EUPOL COPPS can recruit staff on a contractual basis.

(4) EUPOL COPPS should have a project cell for identifying and implementing projects.

(5) Joint Action 2005/797/CFSP should be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Joint Action 2005/797/CFSP is hereby amended as follows:

1) In Article 2, a point shall be added: ‘d) The Mission shall have a project cell for identifying and implementing projects. The Mission shall, as appropriate, coordinate, facilitate and provide advice on projects implemented by Member States and third States under their responsibility, in areas related to the Mission and in support of its objectives.’;

2) In Article 8, a) paragraph 3 shall be replaced by the following: ‘3. Nationals of Member States shall be recruited on a contractual basis by EUPOL COPPS as required, if the functions required are not provided by personnel seconded by Member States.’; b) a new paragraph 4 shall be inserted as follows: ‘4. EUPOL COPPS shall also recruit local staff as required.’, and the remaining paragraphs shall be renumbered accordingly.

Article 2

The financial reference amount intended to cover the expenditure related to EUPOL COPPS for the period 1 January to 31 December 2010 shall be EUR 6 650 000.

Article 3

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

Article 4

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

Done at Brussels, 15 December 2009. For the Council The President E. ERLANDSSON

(1) OJ L 300, 17.11.2005, p. 65.

(2) OJ L 338, 17.12.2008, p. 75.
EN Official Journal of the European Union L 348/21

COUNCIL IMPLEMENTING DECISION

of 22 December 2009

authorising the Republic of Austria to continue to apply a measure derogating from Article 168 of Directive 2006/112/EC on the common system of value added tax

(2009/1013/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2006/112/EC (1), and in particular Article 395(1) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) By letter registered with the Secretariat-General of the Commission on 2 June 2009, the Republic of Austria (hereinafter Austria) requested an authorisation to continue to apply a measure derogating from the provisions of Directive 2006/112/EC governing the right of deduction and previously granted by Decision 2004/866/EC (2) under the then applicable Sixth Directive 77/388/EC 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 (3).

(2) In accordance with Article 395(2) of Directive 2006/112/EC, the Commission informed the other Member States of the request made by Austria in a letter dated 10 September 2009. By a letter dated 21 September 2009, the Commission notified Austria that it had all the information that it deemed necessary to consider the request.

(3) With a view to simplifying the levying of value added tax (VAT), the derogating measure is intended to exclude completely from the right of deduction VAT borne on goods and services when those goods and services are used for more than 90 % for the private purposes of the taxable person or of his employees, or for non-business purposes in general.

(4) The measure derogates from Article 168 of Directive 2006/112/EC establishing the general principle of the right of deduction and is intended to simplify the procedure for charging VAT. The amount of tax due at the final consumption is only affected to a negligible extent.

(5) The legal and factual situation which justified the current application of the simplification measure in question has not changed, and continues to exist. Austria should therefore be authorised to apply the simplification measure during a further period, but limited in time in order to allow an evaluation of the measure.

(6) The derogation will not adversely affect the Union's own resources accruing from VAT,

HAS ADOPTED THIS DECISION:

Article 1

By way of derogation from Article 168 of Directive 2006/112/EC, Austria is authorised to exclude VAT borne on goods and services from the right to deduct when the goods and services in question are used more than 90 % for the private purposes of a taxable person or of his employees, or, more generally, for non-business purposes.

Article 2

This Decision shall apply from 1 January 2010 until 31 December 2012.

Article 3

This Decision is addressed to the Republic of Austria.

Done at Brussels, 22 December 2009. For the Council The President A. CARLGREN

(1) OJ L 347, 11.12.2006, p. 1.

(2) OJ L 371, 18.12.2004, p. 47.

(3) OJ L 145, 13.6.1977, p. 1.
EN Official Journal of the European Union L 33/31

COMMISSION DECISION

of 27 January 2009

on the clearance of the accounts of the paying agencies of Estonia concerning expenditure in the field of rural development measures financed by the European Agricultural Guarantee Fund (EAGF) for the 2007 financial year

(notified under document number C(2009) 150)

(Only the Estonian text is authentic)

(2009/85/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (1), and in particular Articles 30 and 39 thereof,

After consulting the Committee on the Agricultural Funds,

Whereas:

(1) Commission Decision 2008/395/EC (2) cleared, for the 2007 financial year, the accounts of all the paying agencies except for the Estonian paying agency ‘PRIA’ and the Maltese paying agency ‘MRAE’.

(2) Following the transmission of new information and after additional checks, the Commission can now take a decision concerning expenditure in the field of rural development measures on the integrality, accuracy and veracity of the accounts submitted by the Estonian paying agency ‘PRIA’.

(3) In accordance with Article 30(2) of Regulation (EC) No 1290/2005, this Decision does not prejudice decisions taken subsequently by the Commission excluding from Community financing expenditure not effected in accordance with Community rules,

HAS ADOPTED THIS DECISION:

Article 1

The accounts of the Estonian paying agency ‘PRIA’ concerning expenditure in the field of rural development measures financed by the European Agricultural Guarantee Fund (EAGF), in respect of the 2007 financial year, are hereby cleared.

The amounts which are recoverable from, or payable to, the Member State pursuant to this Decision in the field of rural development measures applicable in Estonia are set out in Annex I and Annex II.

Article 2

This Decision is addressed to the Republic of Estonia.

Done at Brussels, 27 January 2009. For the Commission Mariann FISCHER BOEL Member of the Commission

(1) OJ L 209, 11.8.2005, p. 1.

(2) OJ L 139, 29.5.2008, p. 25.

ANNEX I CLEARANCE OF THE PAYING AGENCIES' ACCOUNTS FINANCIAL YEAR 2007 — EAGF RURAL DEVELOPMENT EXPENDITURE IN NEW MEMBER STATES AMOUNT TO BE RECOVERED FROM OR PAID TO THE MEMBER STATE MS 2007 — Expenditure for the paying agencies for which the accounts are Total a + b Reductions Total Interim payments reimbursed to the Member State for the financial year Amount to be recovered from (–) or paid to (+) the Member State (1) cleared disjoined = expenditure declared in the annual declaration = total of interim payments reimbursed to the Member State for the financial year a b c = a + b d e = c + d f g = e – f EE EUR 40 720 193,48 0,00 40 720 193,48 0,00 40 720 193,48 36 236 291,00 4 483 902,48 (1) As payments have reached 95 % of the financial plan, the balance in respect of Estonia will be settled during the closure of the programme.
EN Official Journal of the European Union L 84/44

COMMISSION DECISION

of 30 March 2009

appointing 12 members of the European Statistical Advisory Committee

(Text with EEA relevance)

(2009/304/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Decision No 234/2008/EC of the European Parliament and of the Council of 11 March 2008 establishing the European Statistical Advisory Committee and repealing Council Decision 91/116/EEC (1), and in particular Article 4(1)(a) thereof,

After consultation of the Council,

After consultation of the European Parliament,

Whereas:

(1) The European Statistical Advisory Committee comprises 24 members.

(2) According to Article 4(1) of Decision No 234/2008/EC, 12 members shall be appointed by the Commission, after consulting the European Parliament and the Council.

(3) Member States have provided the Commission with a list of candidates with a well-established qualification in the field of statistics.

(4) In the appointment of those 12 members, the Commission shall endeavour to ensure that they represent, in equal measure, users, respondents, and other stakeholders in Community statistics (including the scientific community, the social partners and civil society),

HAS DECIDED AS FOLLOWS:

Article 1

The persons named in the Annex are hereby appointed as members of the European Statistical Advisory Committee for a term of five years.

Article 2

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

Done at Brussels, 30 March 2009. For the Commission Joaquín ALMUNIA Member of the Commission

(1) OJ L 73, 15.3.2008, p. 13.
EN Official Journal of the European Union L 76/45

POLITICAL AND SECURITY COMMITTEE DECISION Atalanta/1/2009

of 17 March 2009

on the appointment of an EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta)

(2009/288/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular the third subparagraph of Article 25 thereof,

Having regard to Council Joint Action 2008/851/CFSP of 10 November 2008 on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (1) (Atalanta), and in particular Article 6(1) thereof,

Whereas:

(1) Pursuant to Article 6(1) of Joint Action 2008/851/CFSP the Council authorised the Political and Security Committee (PSC) to take decisions on the appointment of the EU Force Commander.

(2) On 18 November 2008, the PSC adopted Decision Atalanta/1/2008 (2) appointing Commodore Antonios PAPAIOANNOU as EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast.

(3) The EU Operation Commander has recommended the appointment of Captain (Navy) Juan GARAT CARAMÉ as the new EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast.

(4) The EU Military Committee has supported that recommendation.

(5) In accordance with Article 6 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not participate in the elaboration and the implementation of decisions and actions of the European Union which have defence implications,

HAS DECIDED AS FOLLOWS:

Article 1

Captain (Navy) Juan GARAT CARAMÉ is hereby appointed EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast.

Article 2

This Decision shall take effect on 7 April 2009.

Done at Brussels, 17 March 2009. For the Political and Security Committee The Chairman I. ŠRÁMEK

(1) OJ L 301, 12.11.2008, p. 33.

(2) OJ L 317, 27.11.2008, p. 24.
EN Official Journal of the European Union L 101/25

COMMISSION DECISION

of 20 April 2009

on technical guidelines for the establishment of the financial guarantee in accordance with Directive 2006/21/EC of the European Parliament and of the Council concerning the management of waste from extractive industries

(notified under document number C(2009) 2798)

(2009/335/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC (1), and in particular Article 22(1)(c) thereof,

Whereas:

(1) In order to ensure a common approach between the Member States when the financial guarantee referred in Article 14 of Directive 2006/21/EC is established, a minimum common basis for the calculation of the guarantee should be defined and notably for what concerns the information to take into account and the method of calculation of the guarantee;

(2) The measures provided for in this Decision are in accordance with the opinion of the Committee established in accordance with Article 23(2) of Directive 2006/21/EC,

HAS ADOPTED THIS DECISION:

Article 1

1. Member States and competent authorities shall base the calculation of the financial guarantee referred to in Article 14 of Directive 2006/21/EC on the following:

(a) the likely impacts on the environment and on human health of the waste facility;

(b) the definition of the rehabilitation including the after use of the waste facility;

(c) applicable environmental standards and objectives, including physical stability of the waste facility, minimum quality standards for the soil and water resources and maximum release rates of contaminants;

(d) the technical measures needed to achieve environmental objectives, in particular measures aiming at ensuring the stability of the waste facility and limit environmental damages;

(e) the measures required to achieve objectives during and after closure, including land rehabilitation, after closure treatment and monitoring if required, and, if relevant, measures to reinstate biodiversity;

(f) the estimated time scale of impacts and required mitigation measures;

(g) an assessment of the costs necessary to ensure land rehabilitation, closure and after closure including possible after closure monitoring or treatment of contaminants.

2. The assessment referred to in point (g) shall be performed by independent and suitably qualified third parties and shall take into account the possibility of unplanned or premature closure.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 20 April 2009. For the Commission Stavros DIMAS Member of the Commission

(1) OJ L 102, 11.4.2006, p. 15.
EN Official Journal of the European Union L 149/69

COMMISSION DECISION

of 8 June 2009

on the detailed interpretation of the aviation activities listed in Annex I to Directive 2003/87/EC of the European Parliament and of the Council

(notified under document number C(2009) 4293)

(Text with EEA relevance)

(2009/450/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (1), and in particular Article 3b thereof,

Whereas:

(1) Directive 2008/101/EC of the European Parliament and of the Council of 19 November 2008 amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community (2) included aviation activities within the scheme for greenhouse gas emission allowance trading within the Community.

(2) The definition of aviation activities and in particular the exemptions listed in Annex I to Directive 2003/87/EC are mainly based on the exemptions of Commission Regulation (EC) No 1794/2006 of 6 December 2006 laying down a common charging scheme for air navigation services (3), which exemptions are consistent with those of the Eurocontrol Route Charges System.

(3) Appendix 2 to the Procedures for Air Navigation Services — Air Traffic Management adopted by the International Civil Aviation Organisation (ICAO) (4) describes the ICAO model flight plan form and gives instructions for the completion of that form. The flight plan can be used to identify the flights falling under the scope of the Community scheme.

(4) The interpretation of aviation activities provided for in this Decision should be applied in conformity with Commission Decision 2007/589/EC of 18 July 2007 establishing guidelines for the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (5).

(5) The interpretation of public service obligations should be applied in conformity with Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (Recast) (6).

(6) The measures provided for in this Decision are in accordance with the opinion of the Climate Change Committee referred to in Article 23 of Directive 2003/87/EC,

HAS ADOPTED THIS DECISION:

Article 1

The detailed interpretation of aviation activities listed in Annex I to Directive 2003/87/EC is set out in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 8 June 2009. For the Commission Stavros DIMAS Member of the Commission

(1) OJ L 275, 25.10.2003, p. 32.

(2) OJ L 8, 13.1.2009, p. 3.

(3) OJ L 341, 7.12.2006, p. 3.

(4) PANS-ATM, Doc 4444.

(5) OJ L 229, 31.8.2007, p. 1.

(6) OJ L 293, 31.10.2008, p. 3.
EN Official Journal of the European Union L 124/63

COUNCIL DECISION

of 18 May 2009

establishing the position to be adopted, on behalf of the Community, within the International Grains Council as regards the extension of the Grains Trade Convention 1995

(2009/393/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the second subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) The Grains Trade Convention 1995 was concluded by the Community by Council Decision 96/88/EC (1) and was regularly extended for further periods of two-year. It was last extended by decision of the International Grains Council in June 2007 and remains into force until 30 June 2009. A further extension is in the interest of the Community. The Commission, which represents the Community in the Grains Trade Convention, should therefore be authorised to vote in favour of such extension,

HAS DECIDED AS FOLLOWS:

Sole Article

The European Community's position within the International Grains Council shall be to vote in favour of the extension of the Grains Trade Convention 1995 for a further period of up to two years.

The Commission is hereby authorised to express this position within the International Grains Council.

Done at Brussels, 18 May 2009. For the Council The President J. KOHOUT

(1) OJ L 21, 27.1.1996, p. 47.
EN Official Journal of the European Union L 257/40

POLITICAL AND SECURITY COMMITTEE DECISION EUSEC/1/2009

of 25 September 2009

on the appointment of the Head of Mission for the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (EUSEC RD Congo)

(2009/723/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular the third paragraph of Article 25 thereof,

Having regard to Council Joint Action 2009/709/CFSP of 15 September 2009 on the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (EUSEC RD Congo) (1), and in particular Article 8 thereof,

Whereas:

(1) Pursuant to Article 8 of Joint Action 2009/709/CFSP the Council authorised the Political and Security Committee (PSC) to take subsequent decisions regarding the appointment of the Head of Mission.

(2) On 24 June 2008, Jean-Paul MICHEL was appointed Head of Mission for the EUSEC RD Congo.

(3) The Secretary-General/High Representative has proposed to appoint again Jean-Paul MICHEL as the Head of Mission for EUSEC RD Congo,

HAS DECIDED AS FOLLOWS:

Article 1

Jean-Paul MICHEL is hereby appointed Head of Mission for the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (EUSEC RD Congo).

Article 2

This Decision shall take effect on 1 October 2009.

Done at Brussels, 25 September 2009. For the Political and Security Committee The Chairperson O. SKOOG

(1) OJ L 246, 18.9.2009, p. 33.
EN Official Journal of the European Union L 322/37

COUNCIL DECISION

of 1 December 2009

appointing the Secretary-General of the Council of the European Union

(2009/911/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 240(2), first subparagraph, thereof,

Whereas the Secretary-General of the Council should be appointed,

HAS ADOPTED THIS DECISION:

Article 1

Mr Pierre de BOISSIEU is hereby appointed Secretary-General of the Council of the European Union for the period from 1 December 2009 until the day after the European Council meeting of June 2011.

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.