ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 312/30

COMMISSION DECISION

of 26 November 2010

extending the period of validity of Decision 2005/359/EC providing for a derogation from certain provisions of Council Directive 2000/29/EC as regards oak (Quercus L.) logs with bark attached, originating in the United States of America

(notified under document C(2010) 8229)

(2010/723/EU)

THE EUROPEAN COMMISSION,

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

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) Under Directive 2000/29/EC, oak (Quercus L.) logs with bark attached (hereinafter: ‘the logs’), originating in the United States, may, in principle, not be introduced into the Union because of the risk of introducing Ceratocystis fagacearum (Bretz) Hunt, the cause of oak wilt.

(2) Commission Decision 2005/359/EC (2) authorises Member States to provide for derogations from Article 5(1) of Directive 2000/29/EC and from the third indent of Article 13(1)(i) of that Directive with regard to Annex IV(A)(I)(3) to that Directive in respect of logs originating in the United States subject to specific conditions. That Decision will expire on 31 December 2010.

(3) Since the circumstances justifying that authorisation still apply and there is no new information giving cause for revision of the specific conditions, the authorisation should be extended.

(4) Based on the experience gained with the application of Decision 2005/359/EC, it is appropriate to extend the authorisation for 10 years.

(5) Member States making use of the derogation should report to the Commission and the other Member States on its operation on an annual basis, thus allowing the Standing Committee on Plant Health to review the correct implementation of this Decision.

(6) Decision 2005/359/EC should therefore be amended accordingly.

(7) 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 Decision 2005/359/EC, Articles 10 and 11 are replaced by the following:

‘Article 10 Member States which have made use of the derogation provided for in Article 1 shall report to the Commission and the other Member States on its operation by 30 June of each year for the preceding period between 1 May and 30 April. The report shall include details of quantities imported. Article 11 The Decision shall expire on 31 December 2020.’

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 26 November 2010. For the Commission John DALLI Member of the Commission

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

(2) OJ L 114, 4.5.2005, p. 14.
EN Official Journal of the European Union L 293/67

COMMISSION DECISION

of 10 November 2010

amending Chapter 3 of Annex I to Regulation (EC) No 715/2009 of the European Parliament and of the Council on conditions for access to the natural gas transmission networks

(Text with EEA relevance)

(2010/685/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks (1), and in particular Article 23(2) thereof,

Whereas:

(1) Regulation (EC) No 715/2009 sets up guidelines on the definition of the technical information necessary for network users to gain effective access to the system.

(2) The guidelines should introduce transparency requirements in order to ensure effective access to natural gas transmission systems and to provide a minimum guarantee of equal market access conditions in practice.

(3) The measures provided for in this Decision are in accordance with the opinion of the Committee referred to Article 28 of Regulation (EC) No 715/2009,

HAS ADOPTED THIS DECISION:

Article 1

Chapter 3 of the Annex I to Regulation (EC) No 715/2009 is replaced by the text in the Annex to this Decision.

Article 2

This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply from 3 March 2011.

Done at Brussels, 10 November 2010. For the Commission The President José Manuel BARROSO

(1) OJ L 211, 14.8.2009, p. 36.
EN Official Journal of the European Union L 320/9

POLITICAL AND SECURITY COMMITTEE DECISION EUPM/1/2010

of 30 November 2010

concerning the extension of the mandate of the Head of Mission of the European Union Police Mission in Bosnia and Herzegovina

(2010/754/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,

Having regard to Council Decision 2009/906/CFSP of 8 December 2009 on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH) (1), and in particular Article 10(1) thereof,

Whereas:

(1) Under Article 10(1) of Decision 2009/906/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with the third paragraph of Article 38 of the Treaty, to take the relevant decisions for the purposes of political control and strategic direction of the European Union Police Mission in Bosnia and Herzegovina (EUPM BiH), including, in particular, the decision to appoint a Head of Mission.

(2) On 15 December 2009, upon a proposal of the Secretary-General/High Representative, the PSC, by its Decision EUPM/1/2009 (2), extended the mandate of Mr Stefan FELLER as Head of Mission of EUPM BiH until 31 December 2010.

(3) On 15 November 2010, the High Representative of the Union for Foreign Affairs and Security Policy proposed to the PSC to extend the mandate of Mr Stefan FELLER as Head of Mission of EUPM BiH for an additional year, until 31 December 2011,

HAS ADOPTED THIS DECISION:

Article 1

The mandate of Mr Stefan FELLER as Head of Mission of the European Union Police Mission in Bosnia and Herzegovina is hereby extended until 31 December 2011.

Article 2

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

It shall apply until 31 December 2011.

Done at Brussels, 30 November 2010. For the Political and Security Committee The Chairperson W. STEVENS

(1) OJ L 322, 9.12.2009, p. 22.

(2) OJ L 330, 16.12.2009, p. 79.
EN Official Journal of the European Union L 318/47

COMMISSION DECISION

of 2 December 2010

amending Decision 2007/453/EC as regards the BSE status of India, Peru, Panama and South Korea

(notified under document C(2010) 8352)

(Text with EEA relevance)

(2010/749/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (1), and in particular the third subparagraph of Article 5(2) thereof,

Whereas:

(1) Regulation (EC) No 999/2001 lays down rules for the prevention, control and eradication of transmissible spongiform encephalopathies (TSEs) in animals. For that purpose, the bovine spongiform encephalopathy (BSE) status of Member States or third countries or regions thereof (countries or regions) is to be determined by classification into one of three categories depending on the BSE risk involved, namely a negligible BSE risk, a controlled BSE risk and an undetermined BSE risk.

(2) The Annex to Commission Decision 2007/453/EC of 29 June 2007 establishing the BSE status of Member States or third countries or regions thereof according to their BSE risk (2) lists countries or regions according to their BSE risk status.

(3) The World Organisation for Animal Health (OIE) plays a leading role in the categorisation of countries or regions according to their BSE risk. The list in the Annex to Decision 2007/453/EC takes account of Resolution No XXII — Recognition of the Bovine Spongiform Encephalopathy Status of Members — adopted by the OIE in May 2009 regarding the BSE status of Member States and third countries.

(4) In May 2010, the OIE adopted Resolution No 18 — Recognition of the Bovine Spongiform Encephalopathy Risk Status of Members. That Resolution recognised India and Peru as having a negligible BSE risk and Panama and South Korea as having a controlled BSE risk. The list in the Annex to Decision 2007/453/EC should therefore be amended to be brought into line with that Resolution as regards those third countries.

(5) Decision 2007/453/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

The Annex to Decision 2007/453/EC is replaced by the text in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 2 December 2010. For the Commission John DALLI Member of the Commission

(1) OJ L 147, 31.5.2001, p. 1.

(2) OJ L 172, 30.6.2007, p. 84.
EN Official Journal of the European Union L 34/26

COMMISSION DECISION

of 1 February 2010

on the clearance of the accounts of certain paying agencies in Belgium, Germany, Spain, Portugal and Slovakia concerning expenditure financed by the European Agricultural Fund for Rural Development (EAFRD) for the 2008 financial year

(notified under document C(2010) 426)

(Only the Dutch, French, German, Portuguese, Slovakian and Spanish texts are authentic)

(2010/59/EU)

THE EUROPEAN COMMISSION,

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

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 33 thereof,

After consulting the Fund Committee,

Whereas:

(1) Commission Decision 2009/373/EC (2) cleared, for the 2008 financial year, the accounts of all the paying agencies except for the Belgian paying agency ‘ALV’, the German paying agencies ‘Bayern’, ‘Brandenburg’, ‘Niedersachsen’ and ‘Schleswig-Holstein’, the Greek paying agency ‘OPEKEPE’, the Spanish paying agency ‘Galicia’, the French paying agency ‘ODARC’, the Italian paying agency ‘ARBEA’ the Portuguese paying agency ‘IFAP’ and the Slovakian paying agency ‘APA’.

(2) Following the transmission of new information and after additional checks, the Commission can now take a decision concerning expenditure financed by the European Agricultural Fund for Rural Development (EAFRD) on the integrality, accuracy and veracity of the accounts submitted by the Belgian paying agency ‘ALV’, the German paying agencies ‘Brandenburg’, ‘Niedersachsen’ and ‘Schleswig-Holstein’, the Spanish paying agency ‘Galicia’, the Portuguese paying agency ‘IFAP’ and the Slovakian paying agency ‘APA’.

(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 Belgian paying agency ‘ALV’, the German paying agencies ‘Brandenburg’, ‘Niedersachsen’ and ‘Schleswig-Holstein’, the Spanish paying agency ‘Galicia’, the Portuguese paying agency ‘IFAP’ and the Slovakian paying agency ‘APA’ concerning expenditure financed by the European Agricultural Fund for Rural Development (EAFRD), in respect of the 2008 financial year, are hereby cleared.

The amounts which are recoverable from, or payable to, each Member State under each rural development programme pursuant to this Decision, including those resulting from the application of Article 33(8) of Regulation (EC) No 1290/2005, are set out in the Annex.

Article 2

This Decision is addressed to the Kingdom of Belgium, the Federal Republic of Germany, the Kingdom of Spain, the Portuguese Republic and the Slovak Republic.

Done at Brussels, 1 February 2010. For the Commission Mariann FISCHER BOEL Member of the Commission

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

(2) OJ L 116, 9.5.2009, p. 21.
1.

The provisions of Article 12(1) of Regulation (EC) No 883/2004 shall apply to a worker subject to the legislation of a Member State (sending State) by virtue of the pursuit of an activity in the employ of an employer and who is sent by that employer to another Member State (State of employment) in order to perform work there for that employer. The work shall be regarded as being performed for the employer of the sending State if it has been established that this work is being performed for that employer and that there continues to exist a direct relationship between the worker and the employer that posted him. In order to establish whether such a direct relationship continues to exist, assuming therefore that the worker continues to be under the authority of the employer which posted him, a number of elements have to be taken into account, including responsibility for recruitment, employment contract, remuneration (without prejudice to possible agreements between the employer in the sending State and the undertaking in the State of employment on the payment to the workers), dismissal, and the authority to determine the nature of the work. For the application of Article 14(1) of Regulation (EC) No 987/2009, as an indication, having been subject to the legislation of the Member State in which the employer is established for at least one month can be considered as meeting the requirement referred to by the words ‘immediately before the start of his employment’. Shorter periods would require a case-by-case evaluation taking account of all the other factors involved. In order, where necessary and in cases of doubt, to determine whether an employer ordinarily performs substantial activities in the territory of the Member State in which he/she is established, the competent institution in the latter is required to examine all the criteria characterising the activities carried on by that employer, including the place where the undertaking has its registered office and administration, the number of administrative staff working in the Member State in which it is established and in the other Member State, the place where posted workers are recruited and the place where the majority of contracts with clients are concluded, the law applicable to the contracts concluded by the undertaking with its workers, on the one hand, and with its clients, on the other hand, the turnover during an appropriately typical period in each Member State concerned and the number of contracts performed in the sending State. This is not an exhaustive list, as the criteria should be adapted to each specific case and take account of the nature of the activities carried out by the undertaking in the State in which it is established.
EN Official Journal of the European Union C 152/1

COUNCIL DECISION

of 25 May 2010

appointing the President, the Vice-President, the President of the Boards of Appeal and three chairmen of a Board of Appeal of the Office for Harmonization in the Internal Market (trade marks and designs)

2010/C 152/01

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (1), and in particular Articles 125 and 136 thereof,

Having regard to the candidatures presented by the Administrative Board of the Office for Harmonization in the Internal Market (trade marks and designs) on 12 April 2010,

HAS DECIDED AS FOLLOWS:

Article 1

Mr António-Serge DE PINHO CAMPINOS, born in Poitiers (France) on 24 October 1968, is hereby appointed President of the Office for Harmonization in the Internal Market (trade marks and designs) for a term of 5 years.

Mr Christian L.L.G. ARCHAMBEAU, born in Vielsalm (Belgium) on 11 April 1960, is hereby appointed Vice-President of the Office for Harmonization in the Internal Market (trade marks and designs) for a term of 5 years.

Mr Paul Alexandre MAIER, born in Strasbourg (France) on 4 May 1958, is hereby appointed President of the Boards of Appeal of the Office for Harmonization in the Internal Market (trade marks and designs) for a term of 5 years.

Mr Théophilos MARGELLOS, born in Athens (Greece) on 21 November 1953, is hereby appointed chairman of a Board of Appeal of the Office for Harmonization in the Internal Market (trade marks and designs) for a term of 5 years.

Mr Tomás DE LAS HERAS LORENZO, born in Zamora (Spain) on 22 July 1951, is hereby appointed chairman of a Board of Appeal of the Office for Harmonization in the Internal Market (trade marks and designs) for a term of 5 years.

Mr Detlef Michael SCHENNEN, born in Münster (Germany) on 10 September 1956, is hereby appointed chairman of a Board of Appeal of the Office for Harmonization in the Internal Market (trade marks and designs) for a term of 5 years.

Article 2

The dates on which the 5-year terms referred to in Article 1 shall commence shall be determined by the Administrative Board of the Office for Harmonization in the Internal Market (trade marks and designs).

Article 3

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

Done at Brussels, 25 May 2010. For the Council The President M. SEBASTIÁN

(1) OJ L 78, 24.3.2009, p. 1.
EN Official Journal of the European Union L 161/1

COUNCIL DECISION

of 24 June 2010

on the conclusion of the Agreement between the European Community and Bosnia and Herzegovina on certain aspects of air services

(2010/360/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2), in conjunction with Article 218(6)(a) and the first subparagraph of Article 218(8) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament,

Whereas:

(1) On 5 June 2003, the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

(2) On behalf of the Community, the Commission negotiated an agreement with Bosnia and Herzegovina on certain aspects of air services (hereafter referred to as the ‘Agreement’) in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

(3) The Agreement was signed on behalf of the Community on 5 May 2006 subject to its possible conclusion at a later date, in conformity with Council Decision 2006/426/EC (1).

(4) Following the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union should make a notification to Bosnia and Herzegovina as regards the European Union having replaced and succeeded the European Community.

(5) The Agreement should be approved,

HAS ADOPTED THIS DECISION:

Article 1

The Agreement between the European Community and Bosnia and Herzegovina on certain aspects of air services is hereby approved on behalf of the Union (2).

Article 2

The President of the Council is hereby authorised to designate the person empowered to make the notification provided for in Article 8(1) of the Agreement and to make the following notification:

‘As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to “the European Community” in the text of the Agreement are, where appropriate, to be read as “the European Union”.’

Done at Luxembourg, 24 June 2010. For the Council The President J. BLANCO LÓPEZ

(1) OJ L 169, 22.6.2006, p. 47.

(2) The Agreement between the European Community and Bosnia and Herzegovina on certain aspects of air services has been published in OJ L 169, 22.6.2006, p. 48 together with the decision on signature.
EN Official Journal of the European Union L 154/28

POLITICAL AND SECURITY COMMITTEE DECISION EUPOL AFGHANISTAN/2/2010

of 11 June 2010

concerning the appointment of the Head of Mission of EUPOL Afghanistan

(2010/341/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,

Having regard to Council Decision 2010/279/CFSP of 18 May 2010 on the European Union Police Mission in Afghanistan (EUPOL Afghanistan) (1), and in particular Article 10(1) thereof,

Whereas:

(1) Pursuant to Article 10(1) of Decision 2010/279/CFSP, the Council authorised the Political and Security Committee, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of political control and strategic direction of the EUPOL AFGHANISTAN mission, including the decision to appoint a Head of Mission.

(2) The High Representative of the Union for Foreign Affairs and Security Policy has proposed the appointment of Brigadier General Jukka Petri SAVOLAINEN as Head of Mission from 15 July 2010,

HAS ADOPTED THIS DECISION:

Article 1

Brigadier General Jukka Petri SAVOLAINEN is hereby appointed Head of the European Union Police Mission in Afghanistan as from 15 July 2010.

Article 2

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

Done at Brussels, 11 June 2010. For the Political and Security Committee The Chairman C. FERNÁNDEZ-ARIAS

(1) OJ L 123, 19.5.2010, p. 4.
Article 5 is replaced by the following:

‘Article 5

Financing

1. The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 March 2010 to 31 August 2010 shall be EUR 730 000.

2. The financial reference amount intended to cover the expenditure related to the mandate of the EUSR for the period from 1 September 2010 to 28 February 2011 shall be EUR 585 000.

3. The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.

4. The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.’.